1. A licensed manager shall be on duty at an adult cabaret business premises at all times any person appears nude or any live performance which is characterized by the exposure of specified anatomical areas or by specified sexual activities is provided. Where there is more than one performance area, or the performance area is of such size or dimension that one manager is unable to visually observe, at all times, each person appearing nude or exhibiting specified anatomical areas or specified sexual activities, a licensed manager shall be provided for each performance area or portion of a performance area visually separated from other portions of the performance area. The licensed manager(s) shall maintain visual contact with each entertainer at all times the entertainer is present in the public, performance or customer areas of the adult cabaret.

2. The licensed manager on duty shall not be an entertainer.

3. It shall be the responsibility of the manager to verify that any entertainer who works or appears within the premises possesses a current and valid entertainer’s license posted in the manner required by this chapter.

4. The name of the manager on duty shall be prominently displayed during business hours.

1. The portion of the adult cabaret premises in which any person appears nude or where any live performance characterized by the exposure of specified anatomical areas or the depiction of specified sexual activities is conducted (“adult entertainment performance area”) shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least 10 feet from all areas of the premises to which patrons have access. A continuous railing at least three feet in height and located at least 10 feet from all points of the performance area shall separate the performance area and the patron areas.

2. Sufficient lighting shall be provided and equally distributed throughout the parts of the premises which are open to and used by patrons so that all objects are plainly visible at all times and so that a program, menu or list printed in eight-point type may be read by a person with normal vision.

1. No employee or entertainer shall appear nude on any part of the premises open to view of patrons or other members of the public, except on or in the entertainment performance area described in subsection (B)(1) of this section.

2. No patron or customer shall go into or upon the adult entertainment performance area as described above while live adult entertainment including the exhibition of specified anatomical areas or specified sexual activities is being performed.

3. No person shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of any other person in any area of the premises open to the public or to patrons.

4. No person shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public or patron, which contact is intended to arouse or excite sexual desires.

5. No employee or entertainer shall perform acts of: sexual intercourse, masturbation, bestiality, sodomy, oral copulation, flagellation, or any sexual acts which are prohibited by law, in or in view of any area of the premises open to members of the public or patrons.

6. No entertainer shall be visible from any public place outside the premises during the actual or apparent hours of his or her employment or performance on the premises.

7. No entertainer may receive or solicit payment of any gratuity directly from any patron. Patrons may give gratuities to a licensed manager for distribution to an entertainer.

8. Signs at least two feet by two feet, with letters at least one inch high, shall be conspicuously displayed in the public area of the premises stating the following:

THIS ADULT CABARET IS REGULATED BY THE CITY OF BELLINGHAM. ENTERTAINERS ARE:

(A) NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.

(B) NOT PERMITTED TO APPEAR NUDE, EXCEPT ON STAGE.

(C) NOT PERMITTED TO PERFORM WITHIN 10' OF PATRONS.

(D) NOT PERMITTED TO RECEIVE TIPS OR GRATUITIES DIRECTLY FROM PATRONS. ALL TIPS MUST BE GIVEN TO THE MANAGER FOR DISTRIBUTION TO ENTERTAINERS.