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A. No adult entertainment business shall be operated unless one of the following persons is present on the premises whenever it is open for business:

1. The business permit-holder;

2. If the business permit-holder is a corporation, any of the corporation officers; or

3. If no person from subsection (A)(1) or (A)(2) of this section is present, then a person who possesses a valid manager’s permit as issued by the city of Bakersfield.

B. Any adult motion picture arcade shall be operated in accordance with the following:

1. Any adult motion picture arcade for use in any adult entertainment business may be enclosed on three sides only and the open side shall be one hundred percent open and the visibility of the inside of the arcade shall not be otherwise obstructed. All adult motion picture or video arcades open to the public shall be visible from the primary entrance to the hallway or room in which the arcades are located. No license-holder shall cause, permit or suffer to exist any opening between any adult motion picture or video or live adult entertainment arcade.

2. Any adult live entertainment arcade for use in any adult entertainment business may be enclosed on three sides only and the open side shall be one hundred percent open and the visibility of the inside of the arcade shall not be otherwise obstructed. All adult live entertainment arcades open to the public shall be visible from the primary entrance to the hallway or room in which the arcades are located. There shall be a barrier of plexiglass or similar substance between the entertainer and the patron which shall have no single opening larger than one-half inch in diameter. No license-holder shall cause, permit, or suffer to exist any opening between any adult motion picture arcade.

3. No exterior door on the premises of any adult entertainment business shall be locked or barred during hours when such business is open to the public. Doors on any adult motion picture arcade, adult mini-motion picture theater, and adult live entertainment theater which come into existence within an adult entertainment business after the effective date of this chapter are strictly prohibited.

C. No person shall enter, be, or remain in any part of an adult entertainment business while in the possession of, consuming, using, or under the influence of any alcoholic beverage, or any drug; and no permit-holder who, with knowledge that a person is in the possession of, consuming, using or under the influence of any alcoholic beverage or any drug, or who fails to exercise reasonable care in ascertaining that a person is in the possession of, consuming, using or under the influence of any alcoholic beverage or any drug, shall permit such person to enter, be, or remain on the premises.

D. No adult entertainment business shall operate, and no permit-holder shall permit such business to operate, at any time unless there is displayed in a location clearly visible to the public a valid business permit to so operate.

E. Any business or managerial permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit.

F. No business or managerial permit shall be issued for, or used in more than one adult entertainment business.

G. No harmful matter shall be displayed so as to be visible from any street, sidewalk, parking area or other area outside the premises.

H. No person under the age of eighteen years shall enter, be, or remain in any part of an adult entertainment business, and no permit-holder who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, shall permit such person to enter, be, or remain on the premises of an adult entertainment business.

I. Anyone performing live adult entertainment shall remain no less than six feet away from patrons, customers or members of the audience of the business.

J. No permit-holder shall permit any physical contact between a performer of live adult entertainment and any patron, customer or member of the audience of the adult entertainment business.

K. No adult entertainment business shall be conducted or carried on between the hours of two a.m. and six a.m. of any day. (Ord. 3956 § 2, 2000; Ord. 3729 § 3, 1996; Ord. 3529 § 1, 1993; Ord. 3424 § 1, 1991; Ord. 3350 § 1, 1991)