The city council finds:
(1) 
That there is an increasing commercial exploitation of human sexuality by owners and operators of commercial establishments within the city where alcoholic beverages are served or offered for sale for consumption on the premises, or where alcoholic beverages are permitted to be consumed;
(2) 
Such exploitation takes place in the form of employing or permitting persons to perform or exhibit their nude or seminude bodies to other persons as an inducement to such other persons to purchase alcoholic beverages or to consume alcoholic beverages while on the premises;
(3) 
Such exploitation is often accompanied by serious and dangerous criminal activity, such as the possession or use of controlled substances, the proliferation of drug-related activity, prostitution, disorderly conduct, assaults, and the like;
(4) 
The direct result of such exploitation, in the context of the location where it is permitted, threatens the preservation of property values of adjoining and adjacent properties and neighborhoods;
(5) 
The direct results of such exploitation are the moral degradation and disturbances of the peace and good order of the community; and
(6) 
Such commercial exploitation of such nude and seminude acts are averse to the public's interest and the quality of life, tone of commerce, and total community environment in the city.
(Ordinance 05-468-9, § 1, adopted 7/7/2005)
The facts and matters contained in the preamble of the ordinance from which this article was derived are hereby found to be true and correct.
(Ordinance 05-468-9, intro ¶, adopted 7/7/2005)
The purpose of this article is to prohibit certain acts of commercial exploitation of human sexuality in commercial establishments within the city limits of the city where alcoholic beverages are served, offered for sale for consumption on the premises, or permitted to be consumed on the premises, and to reduce the likelihood of criminal activity, moral degradation, and disturbances of the peace and good order of the community, to prohibit lewd and unlawful activity, such as prostitution and the proliferation of controlled substances, all of which may occur when such commercial exploitation is permitted in such places, and to promote the preservation of property values of neighborhoods and adjacent properties.
(Ordinance 05-468-9, § 2, adopted 7/7/2005)
(a) 
It shall be unlawful for any person maintaining, owning, or operating a commercial establishment located within the boundaries of the city, at which alcoholic beverages are served or offered for sale for consumption on the premises, or at which alcoholic beverages are permitted to be consumed:
(1) 
To suffer or permit any female person, while on the premises of said commercial establishment, to expose that area of the human female breast at or below the top of the areola thereof;
(2) 
To suffer or permit any female person, while on the premises of said commercial establishment, to use any device or covering which is intended to give the appearance of or simulate such portions of the human female breasts as described in subsection (a)(1) of this section;
(3) 
To suffer or permit any person, while on the premises of said commercial establishment, to expose his genitals, pubic area, buttocks, anus, or anal cleft or cleavage;
(4) 
To suffer or permit any person, while on the premises of said commercial establishment, to use any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, or anal cleft or cleavage.
(b) 
It shall be unlawful for any female person, while on the premises of a commercial establishment located within the boundaries of the city at which alcoholic beverages are served or offered for sale for consumption on the premises, or at which alcoholic beverages are permitted to be consumed, to expose that area of the human female breast at or below the top of the areola thereof, or to use any device or covering which is intended to give the appearance or simulate such areas of the female breast as described herein.
(c) 
It shall be unlawful for any person, while on the premises of a commercial establishment located within the boundaries of the city, at which alcoholic beverages are served or offered for sale for consumption on the premises, or at which alcoholic beverages are permitted to be consumed, to expose his genitals, pubic area, buttocks, anus, or anal cleft or cleavage, or to use any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, or anal cleft or cleavage.
(Ordinance 05-468-9, § 3, adopted 7/7/2005)
Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fpunished as provided in section 1-13. Each day of violation shall constitute a separate offense.
(Ordinance 05-468-9, § 4, adopted 7/7/2005)