As to restaurants generally, see Ch. 27 of this code.
[Ord. No. 537, §§ 2,
3.]
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
(a)
ENTERTAINER — Means any person who entertains in an establishment
which has as its business, in whole or in part, the service of food,
beverages or food and beverages, including but not limited to alcoholic
beverages, whether or not the owner of such establishment in which
such activity is performed employs or pays any compensation to such
person to perform such activity.
(b)
WAITER OR WAITRESS — Means any person who serves food, beverages
or food and beverages, including but not limited to alcoholic beverages,
in an establishment, which has as its business, in whole or in part,
the service of such food or beverages, whether or not the owner of
such establishment in which such activity is performed employs or
pays any compensation to such person to perform such activity.
[Ord. No. 537, § 1.]
The city council finds and declares that this article is necessary
to effectuate the health and safety of the public. It is the intention
of the city council in enacting this article to eliminate any conditions
conducive to the spread of disease and creation of health hazards
which may arise as a result of the unclad exposure of the human body
while in close proximity to food or beverages or food and beverages.
[Ord. No. 537, § 4.]
A person acting in the capacity of a waiter or waitress shall
wear a clean washable outer garment or other clean uniform over his
or her torso, as the case may be, so that the outer garment or uniform
(a) shall be worn completely (1) over the torso from the clavicle
(collarbone) measured from the inner end at the point where it joins
the sternum (breastbone) to at least twelve inches below the pelvis
measured from the lowest point of the pubic bone, and (2) over the
shoulders and around the arms extending downward on the arms not less
than six inches below the clavicle measured from the outer end of
the clavicle at the point it joins the scapula (shoulder blade); and
(b) shall be sufficient, as determined by the health officer of the
city, to provide a shield from the food or beverage, against the portion
of the body over which it is worn. A person working in the capacity
of a waiter or waitress shall keep clean all parts of the body which
are unclothed.
[Ord. No. 537, § 5.]
A person, acting in the capacity of an entertainer, while in
an area which is ordinarily used to serve food, beverages or food
and beverages, including, but not limited to, alcoholic beverages,
shall wear a clean washable outer garment or other clean uniform over
his torso so that the outer garment or uniform (a) shall be worn completely
(1) over the torso from the clavicle (collarbone) measured from the
inner end at the point where it joins the sternum (breastbone) to
at least twelve inches between the pelvis measured from the lowest
point of the pubic bone, and (2) over the shoulders and around the
arms extending downward on the arms not less than six inches below
the clavicle measured from the outer end of the clavicle at the point
it joins the scapula (shoulder blade); and (b) shall be sufficient,
as determined by the health officer of the city, to provide a shield
from the food or beverage, against the portion of the body over which
it is worn. A person working in the capacity of an entertainer while
in an area which is ordinarily used to serve food, beverages or food
and beverages, including, but not limited to, alcoholic beverages,
shall keep clean all parts of the body which are unclothed.
[Ord. No. 720, § 1
(part), 1978.]
Every person is guilty of a misdemeanor who, while acting as
a waiter, waitress or entertainer in an establishment which serves
food, beverages or food and beverages, for consumption on the premises
of such establishment:
(a)
Exposes his or her genitals, pubic hair, buttocks or pubic hair region;
or
(b)
Exposes any device, costume or covering which give the appearance
of or simulates the genitals, pubic hair, buttocks or pubic hair region;
or
(c)
Exposes any portion of the female breast at or below the areola thereof.
[Ord. No. 720, § 1
(part), 1978.]
Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in Section 14-5.
[Ord. No. 720, § 1
(part), 1978.]
Every person is guilty of a misdemeanor who, while participating
in any live act, demonstration or exhibition in any public place,
place open to the public or place open to public view:
(a)
Exposes his or her genitals, pubic hair, buttocks or pubic hair region;
or
(b)
Exposes any device, costume or covering which gives the appearance
of or simulates the genitals, pubic hair, buttocks or pubic hair region;
or
(c)
Exposes any portion of the female breast at or below the areola thereof.
[Ord. No. 720, § 1
(part), 1978.]
Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in Section 14-7.
[Ord. No. 720, § 1
(part), 1978.]
The provisions of this chapter shall not apply to a theater,
concert hall or similar establishment which is primarily devoted to
theatrical performances.
[Ord. No. 720, § 1
(part), 1978; Ord. No. 750, § 1,
1979.]
The following adult entertainment businesses are prohibited
in the city:
(a)
Nude encounter studios;
(b)
Nude theaters;
(c)
Peep shows;
(d)
Nude or adult art or photography studios;
(e)
Nude wrestling centers;
(f)
Adult book stores;
(h)
Moving picture theaters which show films denominated as "X-rated"
and which depict genital, anal, and oral copulation between persons
of the opposite sex, or the same sex, or sexual acts between human
beings and animals.
