High risk sexual conduct means: Fellatio; Anal intercourse; Vaginal intercourse. Hazardous site means any commercial premises, building or structure, or any part thereof, which is a site of high risk sexual conduct. Booths, stalls, or partitioned portions of a room or individual rooms means: 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. Doors, curtains, or portal partitions means full, complete, nontransparent closure devices through which one cannot see or view activity taking place within the enclosure. Open to an adjacent public room so that the area inside is visible to persons in the adjacent public room means either the absence of any door, curtain, or portal partition or a door or other device which is made of clear, transparent material meeting building code and safety standards, which permits the activity inside the enclosure to be viewed or seen by persons outside the enclosure.

No commercial building, structure, premises, or part thereof, or facilities therein, shall be so constructed, used, designed or operated for the purpose of engaging in, or permitting persons to engage in, sexual activities which include high-risk sexual conduct. No person shall own, operate, manage, rent, lease, or exercise control of any commercial building, structure, premises, or part thereof, which contains: 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. The standards as set forth in this Section shall not apply to buildings, structures, or premises which are lawfully operating as hotels, motels, rooming houses, or dwellings.

The Director of the Department of Permitting, Inspections, and Enforcement, or his designee, shall have full power and authority to inspect or cause to be inspected, and to issue violation notices regarding a violation of this Division by any commercial building, structure, or premises, or any part thereof, which may be a site of high risk sexual conduct. If the Director determines that a hazardous site exists, he shall declare it to be a public nuisance and shall then: 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. Once such notice and warnings have been issued, the Director shall proceed as follows: 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. If, within thirty (30) days from the issuance of the orders to the management, owner, or tenant of the hazardous site, the Director determines that such corrective measures have not been undertaken, then the Director may order the abatement of the hazardous site as a public nuisance, which shall be enforced by mandatory or prohibitory injunction in a court of competent jurisdiction; or may secure a court order for the closure of the premises constituting the "hazardous site" until the premises, building, or structure is in compliance with the standards set forth in this Division.

Any person who owns, operates, manages, rents, leases, or exercises control of any commercial building, structure, premises, or portion thereof, which is in violation of this Division shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not exceeding six months, or both such fine and imprisonment. Each day such violation is committed shall constitute a separate violation. Any person who removes, destroys, or defaces warnings posted on premises shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not exceeding Two Hundred Dollars ($200.00) for a first offense and Five Hundred Dollars ($500.00) for each subsequent offense or imprisonment not exceeding ten days, or both such fine and imprisonment.