§ 2.3-37. Use of restrooms or dressing rooms.

(a)

Notwithstanding any provision of this chapter to the contrary, it is not unlawful for any worker of an adult entertainment establishment or sexually oriented business, regardless of whether it is licensed under this chapter, to expose any specified anatomical area during the worker's bona fide use of a restroom or dressing room which is occupied at the time only by workers of the same sex.

(b)

Notwithstanding any provision of this chapter to the contrary, it shall not be unlawful for any customer of an adult entertainment establishment or sexually oriented business, regardless of whether it is licensed under this chapter, to expose any specified anatomical area during the customer's bona fide use of a restroom which is occupied at the time only by customers of the same sex.

(c)

It is unlawful to be an operator of an adult performance establishment that has a dressing room for use by its workers that is also accessible to customers.

(d)

It is unlawful to be an operator of a sexually oriented business which has a dressing room for use by its customers that is accessible to workers.

(e)

Notwithstanding any provision of this chapter to the contrary, a worker engaged in the work of a restroom attendant or valet may occupy a restroom which is also occupied by customers provided that the valet or attendant does not expose any specified anatomical area to the view of a customer and is of the same sex as the customer occupying the restroom.

(f)

Notwithstanding any provision of this chapter to the contrary, it is not unlawful for a worker or customer to touch his or her own specified anatomical areas during his or her bona fide use of a restroom, dressing room or bath room when such touching is necessary and inherent to the activity of changing clothes or excretory functions.

(Ord. No. 2015-8, § 1, 3-24-15)