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.
(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)