Division 16. High Risk Sexual Conduct

Fellatio;

Anal intercourse;

Vaginal intercourse.

Enclosures specifically offered to persons for a fee or as a place to perform high risk sexual conduct; or

Enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. Booths, stalls, or partitioned portions of a room or individual rooms does not mean enclosures which are private offices used by the owners, managers, or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees.

Partitions between subdivisions of a room, portion or part of a building, structure, or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition.

Booths, stalls, or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or other forms of entertainment, having doors, curtains, or portal partitions, unless such booths, stalls, partitioned portions of a room, or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.

Notify the management, owner, or tenant of the premises that the Director has reasonable belief that the building, structure, premises, or part thereof, is a hazardous site.

Issue warnings to the management, owner, or tenant of the premises stating the reasons for the Director's belief that the building, structure, or premises, or part thereof, is a hazardous site.

After the management, owner, or tenant has been notified in writing as to the basis of the Director's determination, the management, owner, or tenant shall have ten (10) days to request a hearing before a Hearing Officer designated by the Director for a determination as to the existence of such hazardous site. If the management, owner, or tenant does not request a hearing within ten (10) days of the notice, the Director shall then cause the building, structure, or premises to be posted with a warning advising the public that the premises have been declared a hazardous site. The Director shall cause orders to be issued to the management, owner, or tenant to take corrective measures to prevent high risk sexual conduct from taking place within the premises.

If the management, owner, or tenant requests a hearing in writing, the hearing shall be held before the Hearing Officer no more than thirty (30) days after the request. After considering all evidence, the Hearing Officer shall make a recommendation to the Director as to whether the building, structure, premises, or parts thereof, constitute a hazardous site. The Director shall then issue a decision. If the Director determines that the building, structure, premises, or parts thereof, constitute a hazardous site, the Director shall then issue an order and cause the building, structure, or premises to be posted with a warning advising the public that the building, structure, or premises has been declared a hazardous site.