§ 5-28.1. Nudity, sexual conduct prohibited.

(a)

For purposes of this section:

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.

Employee shall mean a person who works or performs or dances partially nude in an alcoholic beverage establishment, irrespective of whether the person is paid a salary or wage by the owner, manager, or operator of said establishment or accepts tips or splits tips with the owner, manager or operator of said establishment. This includes a person who pays any form of consideration to an owner, manager or operator of an establishment for the privilege of working, performing or dancing or appearing partially nude within any establishment.

Independent contractor shall mean any person who, pursuant to a formal or informal agreement, a written or verbal agreement, works, performs, dances or appears partially nude in an alcoholic beverage establishment.

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 discernibly turgid state. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

(b)

No person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage, or any portion of the foregoing specified anatomical areas, or any simulation thereof in any establishment at which alcoholic beverages, beer or wine are offered for sale for consumption on the premises.

(c)

No female person shall expose to public view any portion of her breasts encompassed within an area falling below the horizontal line one would have to draw to intersect a point above the top of the areola, or any portion of the areola, or any simulation thereof in any establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, but shall not include any portion of the cleavage of the human exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

(d)

No person maintaining, owning, or operating an establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises shall suffer or permit any person to expose to public view the anus, anal cleft or cleavage, or any portion of the foregoing specified anatomical areas, or simulation thereof, within any establishment at which alcoholic beverages, beer or wine are offered for sale for consumption on the premises.

(e)

No person maintaining, owning or operating an establishment at which alcoholic beverages, beer or wine are offered for sale for consumption on the premises shall suffer or permit any female person to expose to public view any portion of her breasts encompassed within an area fall below the horizontal line one would have to draw to intersect a point immediately above the top of the areola, or any portion of the areola, or any simulation thereof, within any establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises. This prohibition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

(f)

No person shall engage in and no person maintaining, owning, or operating an establishment at which alcoholic beverages, beer or wine are offered for sale for consumption on the premises shall suffer or permit any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, touching, caressing or fondling of the breasts, buttocks or any portion thereof, anus or genitals or the simulation thereof, within any establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises.

(g)

It shall be unlawful to suffer, permit or display partial nudity in any alcoholic beverage establishment, as defined above in section 5-28(a), unless the following is provided by the establishment:

(1)

It shall have a stage provided for the display or exposure of partial nudity, or any simulation thereof, as defined in section 5-28(a), by an employee or independent contractor to a person other than another employee or independent contractor consisting of a permanent platform (or other similar permanent structure) raised a minimum of eighteen (18) inches above the surrounding floor and encompassing an area of at least one hundred (100) square feet; and

(2)

The exposure by an employee or independent contractor of partial nudity, as defined in section 5-28(a) or any simulation thereof, to public view shall be restricted to the stage required in (1) above.

(h)

It shall be unlawful for any nonemployee or patron to be or remain within a distance of less than four (4) feet from any partially nude employee or independent contractor, while within any alcoholic beverage establishment.

(i)

No employee or independent contractor, while partially nude, shall suffer, permit or allow any nonemployee or patron to be within a distance of four (4) feet of said employee or independent contractor, while within any alcoholic beverage establishment. It shall be a violation of this section for an employee or independent contractor while partially nude to fail or refuse to withdraw from or move away from a nonemployee or patron to a distance of at least four (4) feet.

(j)

No manager, operator, owner or any other person in charge of an alcoholic beverage establishment, shall suffer, permit or allow an employee or independent contractor, while partially nude, to be within four (4) feet of any nonemployee or patron while within any alcoholic beverage establishment.

(k)

No manager, operator, owner or any other person in charge of an alcoholic beverage establishment, shall suffer, permit or allow any nonemployee or patron to be within a distance of four (4) feet of any employee or independent contractor, while partially nude, while within any alcoholic beverage establishment.

(Ord. No. C-89-87, § 2, 10-3-89; Ord. No. C-96-8, § 1, 3-5-96; Ord. No. C-98-44, § 1, 7-21-98)