§ 10-12. Nude and seminude entertainment prohibited on licensed premises.
(a)
Intent. It is the intent of the city to:
(1)
Prohibit nude and seminude entertainment in commercial establishments holding alcoholic beverage licenses;
(2)
Prohibit the commercial advertisement, promotion, and exploitation of nude and seminude entertainment in commercial establishments holding alcoholic beverage licenses; and
(3)
Proscribe conduct and activities which encourage the competitive commercial exploitation of nude and seminude entertainment in commercial establishments holding alcoholic beverage licenses.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Advertisement means a display, notice, or other information designed to attract public attention, including, but not limited to, handbills, signs, billboards, soundtracks, placards, signboards, and written notices.
Commercial means operated for pecuniary gain, which shall be presumed for any establishment which has received a local business tax receipt from any county or municipality. For purposes of this section, operating for pecuniary gain shall not depend on actual profit or loss.
Establishment means a physical place or location, or the commercial activities or operations being conducted at such place or location, or both, as the context of this section may require.
Nude or seminude entertainment consists of the following:
(1)
The actual or simulated display of the genitals, vulva, pubic area, buttocks, anus, or anal cleft or cleavage.
(2)
The actual or simulated display by a female of the area of the human breast at or below the areola.
Person means any individual, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, government official, government entity, or any other group or combination of groups.
Premises means the area wherein alcoholic beverage sales or consumption are permitted by the license.
(c)
Prohibited activities.
(1)
It is unlawful for any person to engage in nude or seminude entertainment in any commercial establishment holding an alcoholic beverage license.
(2)
It is unlawful for any female person, while on the premises of a commercial establishment holding an alcoholic beverage license, to expose to public view that area of the human female breast at or below the areola or to employ any device or covering which is intended to give the appearance of or simulate such areas of the female breast as described in this subsection.
(3)
It is unlawful for any person, while on the premises of a commercial establishment holding an alcoholic beverage license, to expose to public view such person's genitals, pubic area, buttocks, anus, or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, or anal cleft or cleavage.
(4)
It is unlawful for any person owning, maintaining, operating, or leasing any commercial establishment holding an alcoholic beverage license to suffer or permit any person on the premises to engage in nude or seminude entertainment.
(5)
It is unlawful for any entertainer, performer, or employee, while on the premises of a commercial establishment regulated under this section, to dance in such a manner as to simulate sexual activity with any patron, spectator, employee or other person not employed therein.
(6)
It is unlawful for any entertainer, performer, or employee, while on the premises of a commercial establishment regulated under this section, to sit upon or straddle the leg, legs, lap, or body of a patron, spectator, or other person therein, or to engage in or simulate sexual activity while touching or being touched by such patron, spectator, or other person.
(7)
It is unlawful for any person owning, maintaining, operating or leasing a commercial establishment regulated under this section to suffer or permit any violation of subsection (c)(3) or (c)(6) of this section.
(8)
It is unlawful for any licensee to permit any person, while on the premises of a commercial establishment regulated under this section, to use, or be present in, any area partitioned or screened from public view that is designed to be occupied by any persons for sexual contact or private dancing performances.
(9)
It is unlawful for any person owning, maintaining, operating or leasing a commercial establishment regulated under this section to suffer or permit the construction, maintenance or use of any area partitioned or screened from public view that is designed to be occupied by any persons for sexual contact or private dancing performances.
(10)
It is unlawful for any person owning, maintaining, operating or leasing a commercial establishment regulated under this section to suffer or permit any outside advertisement which encourages, solicits, induces or promotes conduct or activities proscribed by this section in such establishment.
(d)
Presumptions. The following presumptions shall apply in actions brought for violation of this section:
(1)
Any person who owns, maintains, operates, leases or enters a commercial establishment where nude or seminude entertainment actually takes place on the premises in violation of this section is presumed to be aware that such nude or seminude entertainment is taking place in the establishment.
(2)
Any establishment which has received a local business tax receipt from the city to operate commercially is presumed to be a commercial establishment.
(e)
Penalty. Anyone convicted of a violation of the provisions of this section is guilty of a violation of this Code, punishable as provided in section 1-16 and by revocation of any license and the privilege of doing business for a period of one year.
(Ord. No. 90-17, § 1, 6-12-90; Ord. No. 2008-06, § 3, 9-16-09)