[HISTORY: Adopted by the Mayor and Council of the City of
Española as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Ch. 10, Art. III, Div. 1, and Ch. 70, Art. V,
Div. 1, of the Code of Ordinances]
A.
Indecent
dancing consists of a person knowingly and intentionally exposing
his intimate parts to public view while dancing or performing in a
licensed liquor establishment. The term "intimate parts" means the
mons pubis, penis, testicles, mons veneris, vulva, female breast or
vagina. As used in this section, the term "female breast" means the
areola, and the word "exposing" does not include any act in which
the intimate part is covered by any nontransparent material.
B.
Whoever
commits indecent dancing is guilty of a misdemeanor. A liquor licensee,
his transferee or their lessee or agent who allows indecent dancing
on the licensed premises is guilty of a petty misdemeanor and his
license may be suspended or revoked pursuant to the provisions of
law.
A.
Indecent waitering consists of a person knowingly and intentionally
exposing his intimate parts to public view while serving beverage
or food in a licensed liquor establishment. The expression "intimate
parts" means the mons pubis, penis, testicles, mons veneris, vulva,
female breast or vagina. As used in this section, the term "female
breast" means the areola, and the word "exposing" does not include
any act in which the intimate part is covered by any nontransparent
material.
B.
Whoever commits indecent waitering is guilty of a misdemeanor.
C.
A liquor licensee or his lessee or agent who allows indecent waitering
on the licensed premises is guilty of a petty misdemeanor, and his
license may be suspended or revoked pursuant to the provisions of
law.
A.
Prohibition. It shall be unlawful for any person to commit any of
the acts defined or described in this section.
B.
Prostitution. Prostitution consists of knowingly engaging in or offering
to engage in sexual intercourse for hire.
D.
Promoting prostitution. Promoting prostitution consists of any person:
(1)
Knowingly establishing, owning, maintaining or managing a house of
prostitution, or participating in the establishment, ownership, maintenance
or management of a house of prostitution;
(2)
Knowingly permitting any place which a person partially or wholly
owned or controlled to be used as a house of prostitution;
(3)
Knowingly procuring a prostitute for a house of prostitution;
(4)
Knowingly inducing another to become a prostitute;
(5)
Knowingly soliciting a patron for a prostitute or for a house of
prostitution;
(6)
Knowingly procuring a prostitute for a patron;
(7)
Knowingly procuring transportation for, paying for the transportation
of, or transporting a person within this state with the intention
of promoting that person's engaging in prostitution; or
(8)
Knowingly being employed by a house of prostitution to perform any
function which constitutes promoting prostitution.
[Amended 12-13-1988 by Ord. No. 436]
A.
It shall be unlawful for any person to intentionally possess marijuana
unless it was obtained pursuant to a valid prescription or order of
a practitioner while acting in the course of his professional practice,
or except as otherwise authorized by the Controlled Substances Act,
NMSA 1978 § 30-31-1 et seq.
B.
Any person convicted of violating Subsection A of this section shall pay a fee of $75 to defray the costs of chemical or other analyses. This fee shall be in addition to other penalties for violations which may be provided by law. All funds collected pursuant to this subsection shall be transmitted to the administrative office of the courts pursuant to NMSA 1978 § 31-12-9.
It shall be unlawful to practice or engage in fortunetelling,
palmistry, reading futures and the like.
