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)