§ 3-17-12. Adult entertainment establishment, regulations.

(a)

No later than October 31 of each year, an adult entertainment licensee shall file a verified report with the license officer showing the licensee's gross receipts and amounts paid to dancers for the preceding calendar year.

(b)

An adult dance establishment licensee shall maintain and retain for a period of two (2) years the names, addresses, and ages of all persons it has employed as dancers.

(c)

No adult dance establishment licensee shall employ or contract with as a dancer a person under the age of twenty-one (21) years or a person not licensed pursuant to this chapter.

(d)

No person under the age of twenty-one (21) shall be admitted to an adult dance establishment. No person under the age of eighteen (18) shall be admitted to any other adult entertainment establishment.

(e)

An adult entertainment establishment may be open only between the hours of 8:00 a.m. and 12:00 a.m. (midnight) Monday through Saturday. No licensee shall permit its place of business to be open on Christmas Day.

(f)

Entertainers may only perform on a platform intended for that purpose, which shall be raised at least eighteen (18) inches from the level of the floor.

(g)

In addition to the crime of "public indecency" provided for in O.C.G.A. § 16-6-8, and Henry County Code section 3-4-209, which is applicable throughout the county and the State of Georgia, and in order to provide for more specific and clearer regulations pertaining to nudity in adult entertainment establishments in the county as expressly permitted in O.C.G.A. § 16-6-8(e), it shall be unlawful for any person to appear in any portion of an adult entertainment establishment or any other business open to the public, in a state of nudity. The term "nudity" as used herein, shall mean and include the showing of the human male or female genitals, pubic area, or the anus, with less than fully opaque covering, the showing of the female breast with less than fully opaque covering the nipple or the areola thereof, or the showing of the covered male genitals in a discernibly turgid state. Examples of attire that would comply with this section include, but are not limited to, those items commonly known as pasties, G-strings, T-backs, dental floss, and thongs. In case of any conflict between this subsection and any other provision in chapter 3-17 of the Henry County Code of Ordinances, this subsection shall prevail.

(h)

No dancing or other performance by an adult entertainer at an adult entertainment establishment shall occur closer than four (4) feet to any patron, customer, or guest. No patron, customer, or guest shall be permitted to touch, caress or fondle any specified anatomical area of, or any part of, the body of any adult entertainer.

(i)

No patron shall directly pay or give any gratuity to any entertainer.

(j)

No entertainer shall solicit or accept any pay or gratuity directly from any patron.

(k)

All areas of an adult entertainment establishment shall be fully lighted at all times patrons are present.

(l)

"Full lighting" shall mean illumination equal to three and five-tenths (3.5) footcandles per square foot.

(m)

No adult entertainment establishment shall be permitted to serve or sell alcoholic beverages, nor shall any license holder allow alcoholic beverages of any kind on the premises of its adult entertainment establishment.

(n)

No sex club shall be allowed in Henry County.

(Ord. No. 11-10, 12-19-11)