Note Prior ordinance history: Ords. 1615-73, 1685-73 and 2295-89.
The city council finds that:
(a) 
Adult business establishments which conduct nude or semi-nude entertainment have been associated with incidents of unlawful conduct and disorderly behavior, generating a disproportionate demand for responses by public safety.
(b) 
Sections 318.5 and 318.6 of the California Penal Code authorize cities to regulate nude and semi-nude activity in an adult business.
(c) 
The findings contained in Section 3 of Ordinance No. 2658-01 pertaining generally to the negative secondary effects associated with adult businesses are incorporated herein by this reference.
(d) 
The prohibition against exposure of female breasts and private parts in adult businesses is intended to reduce the potential for negative secondary effects and is in no way intended to limit expressive conduct protected under the First Amendment.
(Ord. 2658-01 § 1)
(a) 
No person shall knowingly or intentionally appear in an adult business, as defined in and licensed pursuant to Chapter 9.40, in a state of nudity as defined therein, and no owner or other person with managerial control over an adult business shall permit any person on the premises of the adult business to appear in a state of nudity. This provision may not be complied with by applying an opaque covering simulating the appearance of a "specified anatomical area" as defined in Chapter 9.40.
(b) 
The prohibition set forth in this section shall not apply to any establishment in existence and offering nude entertainment as of January 1, 2001 provided that the establishment does not serve, sell or allow the on-site consumption of alcoholic beverages.
(Ord. 2658-01 § 1)
(a) 
A violation of the provisions of this chapter shall be deemed to be grounds for suspension or revocation of an adult business license issued pursuant to Chapter 9.40, and shall be enforced in accordance with the procedures for license violations as set forth therein.
(b) 
Nothing in this chapter shall be construed to impose criminal penalties for any violation of this chapter.
(c) 
Nothing in this chapter shall be construed to authorize any act or conduct prohibited under Title 4, Division 1, of the California Code of Regulations.
(Ord. 2658-01 § 1)
The provisions of this chapter do not apply to any act authorized or prohibited by any state statute.
(Ord. 2658-01 § 1)