§ 10-34. Nudity on licensed premises.

(a)

It is unlawful for any person on premises licensed under this article to:

(1)

Employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing so as to expose or to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft or the buttocks, vulva or genitals.

(2)

Employ or use services of any host or hostess while such host or hostess is unclothed or in such attire, costume or clothing as described in subsection (1) above.

(3)

Employ or use any dancers, musicians, or other performers or entertainers, who are unclothed or in such attire, costume or clothing as described in paragraph (1) above.

(4)

Directly or indirectly sponsor any contests which may foreseeably cause, result in, or lead to the occurrence of the acts or incidents described in subsection (6) below.

(5)

Encourage or permit any person on the licensed premises to touch, caress or fondle breasts, buttocks, anus or genitals of any employee of the licensee or any performers or entertainers who are employed or whose services are used by the licensee.

(6)

Permit any person to perform acts of or acts which simulate:

a.

With or upon another person sexual intercourse, sodomy, oral copulation, flagellation or any sexual act which is prohibited by law;

b.

Masturbation or bestiality;

c.

With or upon another person the touching, caressing or fondling of the buttocks, anus, genitals, or female breasts;

d.

The displaying of pubic hair, anus, vulva, genitals or female breasts below the top of the areola.

(7)

Permit any person to use artificial devices or inanimate objects depicting any of the prohibited activities described.

(8)

Permit any person to remain in or upon the licensed premises, or any area owned or controlled by the licensee upon the licensee's premises, who permits the public to view any portion of his genitals or anus.

(9)

Permit the showing of film, still pictures, electronic reproduction or other visual reproduction depicting:

a.

Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law;

b.

Any person being touched, caressed or fondled on the breast, buttock, anus, or genitals;

c.

Scenes wherein a person displays the vulva, the anus or the genitals;

d.

Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described in this section.

(b)

The provisions of this section shall not apply to any theatrical production performed in a theater by a professional theatrical or musical company that has serious artistic merit.

(c)

Both the licensee and the person(s) actually engaging in any of the acts prohibited by subsection (a) shall be criminally liable. Any violation of this section shall also constitute grounds for revocation or suspension of the licensee's license.

(Ord. No. 299, § 1, 3-13-00)