Rules for nude dancing nightclubs

(a) The regulations provided in this section shall apply to any nude dancing nightclub, as that term is defined in § 34-10.1 , regardless of the hours of operation of the establishment. (b) A nude dancing nightclub shall not admit into the establishment any person under 21 years of age during business hours; provided that: (1) The admission of a person under 21 years of age shall not be deemed a violation of this subsection if, in admitting the person, the personnel of the nude dancing nightclub were misled by the appearance of the person and by the person’s personal identification meeting the standards of subsection (d) into believing in good faith that the person was at least 21 years of age; and (2) The admission of an employee of the establishment who is under 21, but at least 18 years of age shall be allowed. Any responsible managing agent of the nude dancing nightclub and any employee of the nightclub screening a person for entry into the nightclub shall be deemed the violator when a person is admitted in violation of this subsection. (c) A person under 21 years of age shall not enter a nude dancing nightclub during its business hours unless the person is an employee of the establishment and at least 18 years of age. (d) A nude dancing nightclub shall, for the purpose of identifying and verifying the ages of patrons, use an official State driver’s license, a military identification card, or other form of official government identification containing a photograph identifying the individual. Such documents shall be unaltered, undamaged, and laminated. All documents shall be examined carefully. School identification cards, expired documents of any kind, cards with such phrases as “information provided by applicant” or the like, identification cards issued for the purposes of check cashing or other identification cards not issued by a government agency, shall be unacceptable. (e) Any owner or responsible managing agent of a nude dancing nightclub shall be responsible for posting a notice, at each entrance to the establishment available to the public during its business hours, that: (1) States that no patron under 21 years of age will be admitted to the establishment; (2) Refers to this article and states the maximum penalty for a patron who enters in violation of the age restriction; and (3) Is clearly visible and legible to prospective patrons before their entry into the establishment. Every day during which the required sign is not posted or not otherwise in compliance with this subsection shall be deemed a separate violation. (f) Any owner or managing agent of a nude dancing nightclub shall be responsible for conducting a training program, similar to the server-training approved by the liquor commission, which provides at least five and a half hours of instruction for managers, doorpersons, and beverage servers in the following areas: (1) Proper checking of personal identification and the recognition of unacceptable forms of identification; (2) Identifying and dealing with intoxicated persons; (3) Reviewing liquor laws and rules; and (4) Dangers of driving while intoxicated. Managers, doorpersons and beverage servers must successfully complete the training program every four years. (g) The following prohibitions shall apply in a nude dancing nightclub: (1) An exotic dancer shall not touch, with any clothed or unclothed intimate part of the dancer, any clothed or unclothed body part, including intimate part, of a patron; (2) An exotic dancer shall not touch, with any clothed or unclothed body part of the dancer, any clothed or unclothed intimate part of a patron; (3) A patron shall not touch, with any clothed or unclothed intimate part of the patron, any clothed or unclothed body part, including intimate part, of an exotic dancer; and (4) A patron shall not touch, with any other clothed or unclothed body part of the patron, any clothed or unclothed intimate part of an exotic dancer. The prohibitions shall apply at any time in the nude dancing nightclub, even when the dancer is not entertaining or performing for the patron. (h) A person under 21 years of age shall not dance as, or be hired, recruited, or asked by any person to dance as, an exotic dancer in any nude dancing nightclub. (i) A person shall not perform as an exotic dancer in a room within a nude dancing nightclub, unless the room complies with the following: (1) The room entrance does not have a door, partition, screen, curtain, or other opaque, transparent, meshed, or perforated covering; and (2) The entire interior of the room is visible at all times from the room entrance. (j) Any responsible managing agent of a nude dancing nightclub shall not permit any exotic dancer to perform, and no exotic dancer shall perform in the nude, in a nude dancing nightclub, except upon a permanently affixed stage at least 18 inches above the immediate floor area. Tables, seats, chairs, or couches shall not constitute a stage for purposes of this article. (k) Any owner or responsible managing agent of a nude dancing nightclub shall erect barriers or provide screening sufficient to prevent persons outside the establishment from viewing exotic dancers while performing in the nude. (l) Except in any restroom, or in any changing room set aside for exotic dancers or other employees, or both, to change their clothes, no person, other than an exotic dancer during a performance, shall remain on, or be allowed by any responsible managing agent to remain on, the premises of the nude dancing establishment in the nude. The exception applicable to persons in a restroom or changing room shall only apply if only persons of the same gender are permitted in any such restroom or changing room at the same time, and the interior of the restroom or changing room may not be viewed by persons outside such restroom or changing room. (m) Any violation of this section by an owner or responsible managing agent shall be subject to a fine of not less than $200 and not more than $1,000. Any violation of this section by an exotic dancer, a patron, or any other person shall be subject to a fine of not less than $100 and not more than $500.