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A. The following standards of conduct must be adhered to by employees of any adult business which offers, conducts or maintains live adult entertainment:

1. No employee or entertainer mingling with the patrons or serving food or drinks shall be unclothed or in such attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals or display male genitals in a discernibly turgid state even if completely and opaquely covered.

2. No employee or entertainer shall encourage or knowingly permit any person upon the premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any person.

3. No employee or entertainer shall wear or use any device or covering exposed to view, which simulates the breasts, genitals, anus, pubic hair or any portion thereof.

4. No employee or entertainer shall be unclothed or in such attire, costume, or clothing so as to expose any portion of the female breasts below the top of the areola, or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals of any person, except upon the stage at least eighteen inches (18") above the immediate floor level and removed at least six feet (6') from the nearest patron or behind a solid, uninterrupted physical barrier which completely separates the entertainer from any patrons. This barrier must be a minimum of one-fourth inch (1/4") thick and have no openings between the entertainer and any patrons. The stage shall be fixed and immovable.

5. No employee or entertainer shall perform while nude or seminude any obscene acts or obscene acts which simulate:

a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; or

b. The touching, caressing or fondling of the breasts, buttocks, anus, or genitals.

6. No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this section.

7. There shall be posted and conspicuously displayed in the common areas of each place offering live adult entertainment a list of food and drink prices.

8. Any tips for entertainers shall be placed by a patron into a tip box which is permanently affixed in the adult business and no tip may be handed directly to an entertainer. A licensee that desires to provide for such tips from its patrons shall establish one or more containers to receive tips. Any physical contact between a patron and an entertainer is strictly prohibited.

9. An adult business that provides tip boxes shall conspicuously display in the common area of the premises one or more signs in letters at least one inch (1") high to read as follows:

ADULT ENTERTAINMENT IS REGULATED BY the town OF Breckenridge. All tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between a patron and an entertainer is strictly prohibited.

10. No adult entertainment occurring on the premises shall be visible at any time from outside the premises.

B. Any licensee who offers, conducts, or maintains live adult entertainment or an adult arcade which exhibits in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, or other video reproduction, shall comply with the following requirements in addition to those set forth in subsection A of this section:

1. It is the duty of the licensee of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

2. It is the duty of the licensee and operator of the premises to ensure that any doors to public areas on the premises remain unlocked during business hours.

3. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two (2) or more manager's stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purposes, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. A manager's station may not exceed thirty two (32) square feet of floor area.

4. No alteration to the configuration or location of a manager's station may be made without the prior approval of the building official.

5. It shall be the duty of the licensee, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection B3 of this section remains unobstructed by any doors, curtains, drapes, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the license application filed pursuant to this chapter.

6. No viewing room may be occupied by more than one person at any one time.

7. Viewing rooms must be separated from other viewing rooms by a solid, uninterrupted physical divider which is a minimum of one- fourth inch (1/4") and which serves to prevent physical contact between patrons. (Ord. 30, Series 1996)

C. Nothing in this section shall be construed to permit any act on the premises of a type B adult business license in violation of title 44, article 3 or article 4, Colorado Revised Statutes, or the Colorado Department of Revenue Rules and Regulations issued pursuant thereto. (Ord. 25, Series 2018)