It shall be unlawful for any employee of a commercial
establishment, regardless of whether it is licensed under this Part
2, where said employee knows or should have known that alcoholic beverages
are on the premises, to exhibit or display the human genital or pubic
region, the cleavage of the human buttocks or the areola of the human
female breast.
A.
It shall be unlawful for any employee, customer or
patron of a commercial establishment, regardless of whether it is
licensed under this Part 2, to participate, while on the premises,
in a straddle dance, as that term is defined in this Part 2, where
said employee, customer or patron knows or has reason to know, that
alcoholic beverages are sold, dispensed or brought onto the premises
for consumption on the premises.
B.
No employee, while on the premises or within the scope
of his employment, shall contract or agree to perform for any form
of consideration a straddle dance and actually perform said straddle
dance, regardless of where such performance takes place.
C.
It shall be unlawful for a customer or patron of a
premises to touch with the hands an employee's pubic area or genitals,
whether said employee is clothed or not.
Notwithstanding any provisions of this Part
2 to the contrary, it shall not be unlawful for any person or employee
of a commercial establishment or adult entertainment establishment
to expose specified anatomical areas in connection with the use of
approved sanitary facilities commonly known as "restrooms." However,
specified anatomical areas shall be exposed or displayed only in connection
with excretory functions.
A.
Employers of commercial establishments within the
Town of Clarkstown are responsible for the acts of their employees.
B.
It shall be unlawful for any person maintaining or
operating a commercial establishment, regardless of whether it is
licensed under this Part 2, where said person knows or has reason
to know that alcoholic beverages are on the premises of the commercial
establishment, to knowingly, or with reason to know, permit, suffer
or allow any employee on the premises to perform or participate in
a straddle dance, as broadly defined by this Part 2, or to exhibit
or display the human genital or pubic region, the cleavage of the
human buttocks or the areola of the human female breast.
C.
Any establishment which has received an occupational
license to operate commercially is presumed to be a commercial establishment.
A.
In all actions, civil or criminal, for violation of
this Part 2, testimonial evidence that a beverage was an alcoholic
beverage, beer or wine may be offered by any person who, by experience
in the past in handling or using alcoholic beverages, beer or wine,
or who, by taste, smell or drinking of such liquids, has knowledge
of the presence of the alcoholic content thereof or the intoxicating
effect thereof.
B.
The presence of alcoholic content of any beverage,
beer or wine may be shown by hydrometer or gravity test made in or
away from the presence of the fact finder by any person who has knowledge
of the use of said instrument, but the production of such evidence
is optional.
Uses in existence on the effective date of this
Part 2 shall be deemed preexisting nonconforming uses. Any additions
or alterations to such existing premises shall conform to this Part
2. Additionally, any such preexisting uses must conform to the annual
licensing requirements of this Part 2.
