[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
The purpose of this section is to regulate the sale of books,
photographs, magazines, periodicals or newspapers of an adult nature
to certain specified and designated areas of business establishments
in the City.
(1)
Prohibitions. It is unlawful for any business establishment to display
or cause to be displayed for sale: photographs, covers of magazines,
newspapers, periodicals or other printed matter which exposes or shows
genitals, pubic hair, buttocks, perineum, anus or female breasts at
or below the aureole thereof, unless displayed in a specially designated
adult area in such business establishment and not visible to children
or disinterested adults entering such business establishment. It shall
be unlawful to sell, offer for sale or procure for a minor any magazine,
newspaper, periodical or other printed matter which is labeled as
adult reading material.
(2)
Penalty. Any violation of this article is punishable by a fine as prescribed in Section 1-12 for each offense. Each day that such violation continues shall be considered a separate offense. In addition to any other penalty provided by the law, the commission of acts prohibited by this section shall constitute a nuisance and may be abated by the City seeking an injunction to prohibit further and continued violation thereof.
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
(a)
Purpose. This section is to regulate nudity as a form of commercial
exploitation and to regulate dress as a form of conduct and not to
impede the free exchange and expression of ideas. The conduct regulated
is that which the citizens and members of the municipal officers of
the City have clearly found to be offensive to the general welfare,
public welfare, public safety, order and morals of the City and its
citizens.
(b)
Prohibitions.
(1)
It is unlawful for a person, while acting as a salesperson,
waiter, waitress, entertainer or in any other capacity as an owner,
manager or employee in a business subject to license under the ordinances
of the City to:
(2)
It is unlawful for a person to cause, permit, procure, counsel
or assist any person to expose himself as prohibited by Subsection
(b)(1) of this section.
(3)
Entertainment outlined in this section is not allowed in any
establishment unless such establishment has a current victualer and
or entertainment license issued by the City Clerk.
(c)
Notice to be filed. The owner or agent of the owner of a business
establishment must notify the City Clerk when nude entertainment will
be scheduled at least two weeks prior to the event. This notification
will include time and date of the proposed entertainment.
(d)
Penalty for violation of section; abatement of nuisance.
(1)
Any act made unlawful by this section and any violation of this section is punishable by a fine as prescribed in Section 1-12 for each offense. Each day that such unlawful act or violation continues shall be considered a separate offense.
(2)
In addition to any other penalty provided by the law, the commission
of acts prohibited by this section shall constitute a nuisance and
may be abated by the City seeking an injunction to prohibit further
and continued violation thereof.
