§ 6.160.110. Erotic dance establishment regulations.

(a) No person shall advertise, or cause to be advertised, as an erotic dance establishment without a valid erotic dance establishment license issued pursuant to this chapter.

(b)

No later than the fifteenth day of the month succeeding the annual license period shall an erotic dance establishment licensee file a verified report with the department showing the amounts paid to dancers for the preceding annual period.

(c)

An erotic dance establishment licensee shall maintain and retain for a period of three years the legal names and aliases, addresses, a copy of each dancer's current and valid work identification card, and the ages of all persons employed as dancers by the licensee.

(d)

No nonalcoholic erotic dance establishment licensee shall employ any person under the age of eighteen years, or a person who does not have a valid work identification card. No erotic dance establishment licensed to sell alcoholic beverages shall employ any person under the age of twenty-one years or a person who does not have a valid work identification card.

(e)

No person under the age of eighteen years shall be admitted to a nonalcoholic erotic dance establishment. No person under the age of twenty-one years shall be admitted to an erotic dance establishment that is licensed to serve alcoholic beverages.

(f)

No erotic dance establishment licensee shall serve, sell, distribute or suffer the consumption or possession of any intoxicating liquor, or any beverage represented as containing any alcohol, upon the premises of the licensee without a valid liquor license. Erotic dance establishments offering nude entertainment are ineligible to receive a liquor license.

(g)

An erotic dance establishment licensee shall conspicuously display all licenses required by this chapter.

(h)

An erotic dance establishment licensee shall not knowingly permit, allow or encourage any employee, including but not limited to any dancer, to do any of the following on the licensed premises for the purpose of arousing or gratifying the sexual desires of any person:

(1)

Use or permit any part of his or her body, to make contact with the anus, pubic region, genitals, or female breasts of any other person;

(2)

Use or permit his or her anus, pubic region, genitals, or female breast(s) to make contact with any other person except that while dancing, dancers in an erotic dance establishment licensed for the sale of alcoholic beverages may allow their clothed anus, pubic region, and genitals to make contact with a patron's leg(s), excluding the patron's feet, as long as there is no contact that is otherwise prohibited in this section; and that while dancing in an erotic dance establishment not licensed for the sale of alcoholic beverages, dancers may allow their unclothed anus, pubic region, and genitals to make contact with a patron's leg(s), excluding the patron's feet, as long as there is no contact that is otherwise prohibited in this section;

(3)

Use or permit his or her buttocks to make contact with the face, hands, anus, genitals or female breasts of any other person; or

(4)

Perform any lewd activity or any sexual acts which are prohibited by law.

For the purposes of this section:

"Contact" shall include contact which occurs whether a person is clothed or unclothed or by means of any other object.

"Lewd/lewd activity" is defined as (a) the showing or display of the human male or female genitals, pubic area, or anus with less than a fully opaque covering (applicable only to erotic dance establishments licensed for the sale of alcoholic beverages), or the showing of the covered male genitals in a discernibly turgid state for the purposes of arousing or gratifying the sexual desire of any person; (b) The touching of one's own or another person's clothed or unclothed human male and female genitals, pubic area, anus, or female breast(s) for purposes of arousing or gratifying the sexual desire of any person. Exceptions to this subsection (b) are that the clothed (for dancers dancing in an erotic dance establishment licensed for the sale of alcoholic beverages) or unclothed (for dancers dancing in an erotic dance establishment not licensed for the sale of alcoholic beverages) anus, pubic region, and genitals of a dancer may touch the leg(s) of a patron as described in subsection (h)(2) of this section, and a dancer may touch her own clothed or unclothed breasts, for purposes of arousing or gratifying the sexual desire of any person; or (c) Any actual act of sexual intercourse, while clothed or unclothed, that involves but may not be limited to the following types of contact: genital-genital, oral-genital, anal-genital, or oral-anal, with or between persons of the same sex or opposite sex, any actual act of masturbations, or any actual or simulated act of bestiality or sadomasochistic abuse.

(i)

All dancing shall take place within an area which is immediately accessible to representatives of the LVMPD and the department without prior approval or restrictions of any type, including but not limited to physical barriers, electronic access, security personnel, or any other type of security measure.

(j)

All dancing shall take place within an area which is visible immediately and completely from one or more of the following areas, either by direct observation or by means of electronic monitors that must provide instant, real-time visibility: (i) upon entrance to the establishment's premises; (ii) from at least one security station that has a fixed location; or (iii) from a service bar area located on the licensed premises. No erotic dancing shall be visible to the outside sidewalk or street areas. The use of electronic monitors to satisfy the requirements of this subsection (j) must be located in one central location.

(k)

Patrons may tip dancers provided there is no contact that is otherwise prohibited in this section.

(l)

Dancers shall not appear in any public area of the licensed location while topless or in the nude unless dancing; appearing topless or nude shall be limited to dancers employed by the licensed establishment who possess a valid work identification card for erotic dance.

(m)

An erotic dance establishment shall not knowingly permit, allow, or encourage any patron to use any part of his or her body, to make contact with the breasts, anus, pubic region or genitals of any employee, including but not limited to any dancer for the purposes of arousing or gratifying the sexual desire of any person. This does not, however, prohibit the contact that is permitted by subsection (h) of this section.

Patrons are also prohibited from allowing or using their hands, face, pubic region, genitals, or anus from making contact with the buttocks of any employee, including but not limited to any cabaret entertainer, for the purposes of arousing or gratifying the sexual desire of any person.

Except in cases of medical or emergency purposes, patrons must remain in a vertical position from the waist up at all times he or she is receiving or viewing a dance or performance by any dancer.

For the purpose of this section:

"Contact" shall include contact which occurs whether a person is clothed or unclothed or by means of any other object.

(n)

Dancers shall not mingle with the patrons while in an unclothed or nude state at the licensed establishment.

(o)

Any erotic dance establishment which does not have a liquor license issued by the board and which uses the words that imply the availability of alcoholic liquor on the premises, such as "bar," "lounge" or "saloon," in any advertisement or name must state in all such advertisements that alcoholic beverages are not sold or allowed on the premises.

(p)

All erotic dance establishments licensed pursuant to this chapter which are not licensed to sell alcoholic beverages pursuant to Chapter 8.20 shall post at each entrance door, and not more than five inches above each entrance doorway if no door is present during hours of operation, and in at least three places behind the bar a sign with letters not less than three inches high stating:

"ALCOHOLIC LIQUOR IS NOT SOLD HERE"
"PROSTITUTION IS UNLAWFUL"

The letters must be black on a yellow background and the sign at each entrance door and behind the bar must be between four and six feet above floor level. Each sign must be located and illuminated sufficient to be visible by a person with normal eyesight or eyesight corrected to 20/20, thirty feet from the sign.

(q)

No erotic dance establishment shall employ a security guard or other person described in Section 6.50.060, or allow a security guard or other person described in Section 6.50.060 to work on the premises unless such person has obtained a work identification card pursuant to Section 6.50.060. No erotic dance establishment shall allow a security guard to carry a firearm, knife, night stick, club, or chemical or electronic weapon.

For the purposes of this entire Section 6.160.110, "employee," "knowingly," "nude," "patron," and "topless" shall be defined as follows:

"Employee means an individual who is hired, engaged or authorized to perform any service on the licensed premises on a full, part-time, or contract basis, whether or not the individual is designated an employee, independent contractor, agent or otherwise, and whether or not the individual is compensated by the licensee. Employee does not include an individual exclusively on the licensed premises for repair maintenance of the premises or for delivery of good to the licensee, nor an attorney, accountant or other person whose primary function is to provide advice and assistance to the licensee.

"Knowingly" shall mean having an actual knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry. It does not require any knowledge of the unlawfulness of any act or omission.

"Nude" means the showing of the human male or female genitals, pubic area, or anus with less than a fully opaque covering, or the showing of the male genitals in a discernibly turgid state, whether covered or not. For the purposes of this definition, "fully opaque covering" does not include pasties, latex paint, or hair pieces.

"Patron" means any individual, other than an employee, present in or at any licensed premises at any time when such licensed premises are open for business.

"Topless" means the showing of the female breast below a point immediately above the top of the areola with less than fully opaque covering.

Although establishments licensed to sell alcoholic beverages pursuant to Chapter 8.20 that are also property licensed for topless entertainment as an adult entertainment cabaret pursuant to Chapter 6.95 do not have to be licensed under this chapter, such establishments shall, pursuant to Section 6.160.170, be considered as erotic dance establishments for the purposes of complying with these regulations.

(Ord. 2828 § 1, 2002; Ord. 2781 § 2, 2002: Ord. 1642 § 8, 1994: Ord. 1570 § 4, 1994: Ord. 1483 § 6, 1993: Ord. 1336 § 3, 1991: Ord. 1140 § 1 (part), 1989)

(Ord. No. 4332, § 2, 10-12-2015)