This chapter is adopted pursuant to Sections 318.5 and 318.6
of the
Penal Code. All words used in this chapter which also are used
in said Sections 318.5 and 318.6, are used in the same sense and mean
the same as the same respective words used in the said Sections 318.5
and 318.6 of the
Penal Code.
(Ord. 991 § 1, (1973))
As used in this chapter and in Sections 318.5 and 318.6 of the
Penal Code, "theater" means a building, playhouse, room, hall or other place having a permanent stage with movable scenery upon which theatrical or vaudeville or similar performances are given, and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage and for which a city license for a theater is in full force and effect. This definition does not supersede the provisions of Section
10.60.010 of this chapter.
(Ord. 991 § 1, (1973))
Every person is guilty of a misdemeanor who:
(a) Exposes his or her private parts or buttocks or employs any device
or covering which is intended to simulate the private parts or pubic
hair while participating in any live act, demonstration or exhibition
in any public place, place open to the public or place open to public
view, or while serving food or drink or both to any customer; or
(b) Permits, procures or assists any person to so expose him or herself,
or to employ any such device.
(Ord. 991 § 1, (1973))
Every female is guilty of a misdemeanor who, while participating
in any live act, demonstration or exhibition in any public place,
place open to the public or place open to public view, or while serving
food or drink or both to any customer:
(a) Exposes any portion of either breast at or below the areola thereof;
or
(b) Employs any device or covering, which is intended to simulate such
portions of the breast; or
(c) Wears any type of clothing so that any portion of such part of the
breast may be observed.
(Ord. 991 § 1, (1973))
Every person is guilty of a misdemeanor who permits, counsels
or assists any person to violate any provision of this chapter.
(Ord. 991 § 1, (1973))
This chapter does not apply to:
(a) A theater, concert hall or similar establishment which is primarily
devoted to theatrical performance;
(b) Any act authorized or prohibited by any state statute.
(c) An adult-oriented business operating in conformance with Chapters
10.58 and
25.76 of this code.
(Ord. 991 § 1, (1973); Ord. 1727 § 4, (2004))