§ 5-28. Location of establishments permitting partial nudity.

(a)

For purposes of this section:

(1)

Alcoholic beverage establishment means any establishment located in the city at which alcoholic beverages, beer or wine are offered for sale for consumption on the premises.

(2)

Partial nudity means the showing of the human male or female buttocks or any portion thereof with less than a full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof; or the depiction of covered male genitals in a discernably turgid state.

(b)

No alcoholic beverage establishment permitting partial nudity is permitted on a parcel of land located:

(1)

Within seven hundred fifty (750) feet of any parcel of land which is either zoned or used for residential uses or purposes;

(2)

Within seven hundred fifty (750) feet of any parcel of land upon which a church, school, public park or playground is located; or

(3)

Within seven hundred fifty (750) feet of any parcel of land upon which another alcoholic beverage establishment permitting nudity is located.

An alcoholic beverage establishment permits partial nudity under this section if any person maintaining, owning, managing or operating such establishment knowingly, or with reason to know, suffers or permits nudity to occur on the premises of such establishment.

(c)

For purposes of this section, distance shall be by airline measurement from property line to property line, using the closest property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

(d)

It shall be unlawful for any person maintaining, owning, managing or operating an alcoholic beverage establishment to knowingly, or with reason to know, suffer or permit partial nudity to occur on the premises of any alcoholic beverage establishment in violation of subsection (b) above.

(e)

It shall be unlawful for any person, while on the premises of an alcoholic beverage establishment to expose to public view any portion of his or her anatomy defined herein as nudity in violation of subsection (b) above.

(Code 1953, § 5-9; Ord. No. C-84-91, § 1, 10-16-84; Ord. No. C-84-100, § 1, 12-4-84; Ord. No. C-87-74, §§ 1, 2, 10-20-87; Ord. No. C-89-87, § 1, 10-3-89)