The city council finds as follows:
A. 
That nude and semi-nude acts, exhibitions, and entertainments, and/or undress by employees of food, drink, and the like establishments serving the public, with the resulting commercial exploitation of nudity, is adverse to the public health, safety, morals, and general welfare, and that it is in the best interest of this city to restrict such activities as hereinafter set forth as permitted within the scope of its police power.
B. 
That:
1. 
The public parks and public streets of the city of San Bruno are maintained for the use and benefit of all citizens and residents of the city;
2. 
Other places in the city open to the public are also visible to a large segment of citizens and residents of the city;
3. 
It is in the public interest, and necessary to the public health, safety, and welfare that the public parks, public streets, and places open to the public be utilized and enjoyed by as many people as possible;
4. 
The maximum utilization and enjoyment of such parks, streets, and places can only be obtained through the imposition of regulations regarding activities thereon;
5. 
The appearance of some persons utilizing public parks, public streets and places open to the public, by appearing thereat without clothing and with private parts of their bodies exposed unreasonably interferes with the right of all persons to use and enjoy such places by causing persons to leave and others not to come.
(Prior code § 16-6.1; Ord. 1411 § 1, 1982; Ord. 1897 § 3, 2021)
A. 
Sections 6.24.040 and 6.24.050 are adopted pursuant to Sections 318.5 and 318.6 of the Penal Code, and all words used in this article which are also used within said Section 318.6 are used in the same sense and mean the same as the same respective words used in said Sections 318.5 and 318.6 of the Penal Code.
B. 
Section 6.24.060 is adopted pursuant to Article XI, Section 7 of the State Constitution.
(Prior code § 16-6.2; Ord. 1411 § 1, 1982; Ord. 1897 § 3, 2021)
As used in this article, and in Sections 318.5 and 318.6 of the Penal Code, the phrase, "theater, concert hall, or other similar establishments which is primarily devoted to theatrical performances" shall mean a building, playhouse, room, hall, or other place having permanently fixed seats so arranged that a body of spectators can have an unobstructed view of the stage, upon which theatrical or vaudeville or similar performances are given, and in which the serving of food and/or beverages is clearly incidental to such performances (and for which any city license which is required for a theater is in full force and effect). This definition does not supersede the provisions of Section 6.24.010.
(Prior code § 16-6.3; Ord. 1411 § 1, 1982; Ord. 1897 § 3, 2021)
A. 
Every female is guilty of a misdemeanor who, while participating in any live act, demonstration, or exhibition in any place or establishment licensed by the state for the sale of alcoholic beverages for consumption on the premises:
1. 
Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line; or
2. 
Employs any device or covering, which is intended to simulate such portion of the breast; or
3. 
Wears any type of clothing so that any portion of such part of the breast may be observed.
B. 
Every person is guilty of a misdemeanor who, while participating in any live act, demonstration, or exhibition in any place or establishment licensed by the state for the sale of alcoholic beverages for consumption on the premises:
1. 
Exposes his or her genitals or buttocks, or employs any device or covering which is intended to simulate the private parts or pubic hair of such person; or
2. 
Permits, procures, or assists any person to expose himself or herself, or to employ any such device.
(Prior code § 16-6.4; Ord. 1411 § 1, 1982; Ord. 1417 § 1, 1983; Ord. 1897 § 3, 2021)
A. 
Every female is guilty of a misdemeanor who, while serving food or drink or both to any customer in a public place, place open to the public, or place open to public view:
1. 
Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line; or
2. 
Employs any device or covering, which is intended to simulate such portion of the breast; or
3. 
Wears any type of clothing so that any portion of such part of the breast may be observed.
B. 
Every person is guilty of a misdemeanor who, while serving food or drink or both to any customer in a public place, place open to the public, or place open to public view:
1. 
Exposes his or her genitals or buttocks, or employs any device or covering which is intended to simulate the private parts or pubic hair of such person; or
2. 
Permits, procures, or assists any person to expose himself or herself, or to employ any such device.
(Prior code § 16-6.5; Ord. 1411 § 1, 1982; Ord. 1417 § 1, 1983; Ord. 1897 § 3, 2021)
A. 
Except as provided in subsection C, every person is guilty of a misdemeanor who appears, bathes, sunbathes, walks, or is in any place designated in subsection B in such a manner that the genitals, vulva, pubis, pubic syphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by any opaque covering.
B. 
This section shall apply to the following places:
1. 
Public parks;
2. 
Public streets;
3. 
Places open to the public.
C. 
This section shall not apply to:
1. 
Any person under the age of ten years;
2. 
Any person in any public restroom or facility the use of which is restricted to members of the same sex as that person.
(Prior code § 16-6.6; Ord. 1411 § 1, 1982; Ord. 1897 § 3, 2021)
Every person who permits, counsels, or assists any person to violate any provision of this article is guilty of a misdemeanor.
(Prior code § 16-6.7; Ord. 1411 § 1, 1982; Ord. 1897 § 3, 2021)
This article does not apply to:
A. 
A theater, concert hall, or similar establishment which is primarily devoted to theatrical performances.
B. 
Any act authorized or prohibited by any state statute.
(Prior code § 16-6.8; Ord. 1411 § 1, 1982; Ord. 1897 § 3, 2021)