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<br />-13- <br /> <br />(6) It shall be the duty of the owners and <br />operator, and it shall also be the duty of any agents and <br />employees present in the premises to ensure that the view <br />area specified in Subsection (5) remains unobstructed by any <br />qoors, walls, merchandise, display racks or other materials <br />at all times that any patron is present in the premises and <br />to ensure that no patron is permitted access to any area of <br />the premises which has been designated as an area in which <br />patrons will not be permitted in the application filed <br />pursuant to Subsection (1) of this section. <br /> <br />(7) The premises shall be equipped with overhead <br />lighting fixures of sufficent intensity to illuminate every <br />place in which patrons are permi tted access at an <br />illumination of not less than one (1.0) footcandle as <br />measured at the floor level. <br /> <br />(8) It shall be the duty of the owners and <br />operator and it shall also be the duty of any agents and <br />employees present in the premises to ensure that the <br />illumination described above is maintained at all times that <br />any patron is present in the premises. <br /> <br />(b) A person having a duty as provided in Subsections <br />(1) through (8) of Subsection (a) above commits an offense if <br />he or she knowingly fails to fulfill that duty. <br /> <br />Sec. 37-21.. <br /> <br />Display of sexually explicit material <br />to Dinars. <br /> <br />(a) A person commits an offense if, in a business <br />establishment open to persons under the age of 17 years, he <br />or she displays a book, pamphlet, newspaper, magazine, film, <br />or video cassette, the cover of which depicts in a manner <br />calculated to arouse sexual lust or passion for commercial <br />gain or to exploit sexual lust or perversion for commercial <br />gain, any of the following: <br /> <br />sodomy; <br /> <br />(1) <br /> <br />human <br /> <br />sexual <br /> <br />intercourse, <br /> <br />masturbation, <br /> <br />or <br /> <br />(2) fondling or other erotic touching of human <br />genitals, pubic region, buttocks, or female breasts; <br /> <br />(3) less than completely and opaquely covered <br />human genitals, buttocks, or that portion of the female <br />breast below the top of the areola; or <br /> <br />(4) human male genitals in a discernibly tumescent <br />state, whether covered or uncovered. <br /> <br />(b) In this section "display" means to locate an item <br />in such a manner that, without obtaining assistance from an <br />employee of the business establishment: <br /> <br />(1) it is available to the <br />handling and inspection; or <br /> <br />(2) the cover or outside packaging on the item is <br />visible to members of the general public. <br /> <br />general <br /> <br />public <br /> <br />for <br /> <br />Sec. 37-22. <br /> <br />Pre-existing uses. <br /> <br />Sexually oriented businesses in existence on the date <br />this ordinance becomes effective have thirty 30 days from <br />that effective date to comply with sections 37-18(b), 37-19, <br />and 37-20(a) (5) and'GO days from the effective date to comply <br />with all sections of the ordinance other than 37-13 and those <br />cited in this section. <br />