A.
Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or entertainer in an establishment which serves or offers for sale alcoholic beverages for consumption on the premises of such establishment:
1.
Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or
2.
Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or
3.
Exposes any portion of the female breast at or below the areola thereof.
B.
Every person is guilty of a misdemeanor who, while participating in live act, demonstration or exhibition in an establishment which serves or offers for sale alcoholic beverages for consumption on the premises of such establishment:
1.
Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or
2.
Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or
3.
Exposes any portion of the female breast at or below the areola thereof.
C.
Every person is guilty of a misdemeanor who permits, counsels or assists any person to violate any provision of this section. Any business whose owner(s) or manager(s) permits, counsels or assists any person to violate any provision of this section, and any business which is operated, conducted or maintained contrary to the provisions of this chapter shall be, and is deemed to be, unlawful and a public nuisance. In addition to or in lieu of any criminal prosecution provided for herein, the city attorney may commence proceedings to revoke the business license pursuant to the procedure set forth in Section 5.28.320, commence an action or actions, proceeding or proceedings, at law or in equity in any court or administrative tribunal of competent jurisdiction, for the abatement, removal and enjoining thereof in the manner provided by law.
D.
The provisions of this section shall not be construed to apply to any business that, on or before July 1, 1998, has been adjudicated by a court of competent jurisdiction to be a theater, concert hall, or similar establishment primarily devoted to theatrical performances, or to a business that has, by action of the city of La Habra taken on or before July 1, 1998, been acknowledged to be or allowed to operate as a theater, concert hall, or similar establishment primarily devoted to theatrical performances.
(Ord. 872 § 1, 1973; Ord. 1263, 1986; Ord. 1549 §§ 1, 2, 1999)