In this chapter, unless the context otherwise requires, the following words and phrases shall be construed as follows:
A. 
"Entertainer"
means any person who performs any dance, show, exhibition, or performance for any number of persons. The entertainer need not receive compensation from any source to be covered under this chapter.
B. 
"Employee"
means any employee, independent contractor, agent, consultant, or other like person.
C. 
"Opaque"
means not allowing any light to pass through; not transparent, semi-transparent, or translucent.
D. 
"Qualified establishment"
means any restaurant, nightclub, bar, tavern, taproom, theater or private, fraternal, social, golf, or country club, or any place that holds a valid Arizona liquor license, which serves spirituous liquors as defined by ARS Title 4, Chapter 1, Article 1 (ARS 4-101 et seq.). This includes the entire premises owned, leased, or otherwise occupied by such establishment, whether the liquor license extends to that portion of the premises or not.
(prior code § 11-5-1; Ord. 1996-11; Ord. 2019-137 § 1)
The purpose of this chapter is to:
A. 
Provide for the clothing requirements of entertainers, employees serving spirituous liquors, and other employees in qualified establishments that serve spirituous liquors as defined by ARS Title 4, Chapter 1, Article 1 (ARS 4-101 et seq.);
B. 
Provide for conduct requirements of entertainers, employees serving spirituous liquors, employees, patrons, and operators in qualified establishments;
C. 
Provide for requirements of employment for entertainers, employees serving spirituous liquors, and employees in qualified establishments;
D. 
Provide for penalties, to be enforced by the town of Sahuarita, for anyone violating the provisions of this chapter;
E. 
Regulate the conduct and dress of entertainers, employees serving spirituous liquors, and other employees in qualified establishments so as to encourage public health, morals, and safety.
(prior code § 11-5-2; Ord. 1996-11; Ord. 2019-137 § 1)
Any female entertaining or performing any dance, show, exhibition, or performance, or any female serving spirituous liquors as defined by ARS Title 4, Chapter 1, Article 1, as amended, or any female employee in a qualified establishment, who appears clothed, costumed, unclothed, or uncostumed in such a manner that any portion of the nipple and the areola (the more darkly pigmented portion of the breast encircling the nipple) is visible and not firmly covered by a fully opaque material, which does not resemble or simulate the actual appearance of an areola and/or nipple, is guilty of a criminal offense as specified under STC § 5.45.040.
(prior code § 11-5-3; Ord. 1996-11; Ord. 2019-137 § 1)
Any person entertaining or performing any dance, show, exhibition, or performance, or any person serving spirituous liquors as defined by ARS Title 4, Chapter 1, Article 1, as amended, in a qualified establishment, who appears clothed, costumed, unclothed, or uncostumed in such a manner that the lower portion of his or her torso, consisting of the genitals, pubic hair, or anal cleft or buttocks, is not covered by a fully opaque material or is so thinly covered as to appear uncovered, is guilty of a criminal offense as specified under STC § 5.45.040.
(prior code § 11-5-4; Ord. 1996-11; Ord. 2019-137 § 1)
A. 
A person who knowingly conducts, maintains, owns, manages, and/or operates any qualified establishment where any person is in violation of the provisions of this chapter is guilty of a criminal offense as specified under STC § 5.45.040.
B. 
If any entertainer, employee serving spirituous liquors, employee, owner, operator, manager, or patron in a qualified establishment is able to view, either on or off the premises of the qualified establishment, any person who would be in violation of this chapter if that person were on the premises of a qualified establishment, he or she shall effectively screen such person or persons from view. A person who knowingly conducts, maintains, owns, manages, and/or operates any qualified establishment where any person is in violation of this section is guilty of a criminal offense as specified under STC § 5.45.040.
(prior code § 11-5-5; Ord. 1996-11; Ord. 2019-137 § 1)
A. 
The following acts are prohibited by entertainers, employees serving spirituous liquors, employees, owners, operators, managers, and patrons in qualified establishments:
1. 
No licensee, operator, manager, or owner of a qualified establishment shall permit, on the licensed premises, any employee, entertainer, or person to wear or use any device or covering exposed to view which simulates the breast, genitals, anus, pubic hair or any private portion thereof.
2. 
No licensee, operator, manager, or owner of a qualified establishment shall permit, on the licensed premises, any person to perform acts of or acts which constitute or simulate:
a. 
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law;
b. 
The touching, caressing or fondling of the breast, buttocks, anus or genitals.
B. 
Any violation of this section by a party, regardless of knowledge of the violation, shall be a criminal offense as specified under STC § 5.45.040.
(prior code § 11-5-6; Ord. 1996-11; Ord. 2019-137 § 1)
A. 
No entertainer under the age of 18 years shall be employed in a qualified establishment. All entertainers employed at a qualified establishment must provide the following to the employer to be kept on permanent file:
1. 
Valid Arizona driver's license or state ID card; and
2. 
A certified copy of the entertainer's birth certificate.
B. 
Failure to have and keep these documents on file at the qualified establishment by the operator, manager, or owner shall be a criminal offense as specified under STC § 5.45.040.
(prior code § 11-5-7; Ord. 1996-11; Ord. 2019-137 § 1)