a. It shall be unlawful for and a person is guilty of performing nude or nearly nude activity when that person performs or appears on premises licensed for the sale of alcoholic beverages in a manner or attire as to expose to view of the patrons of the establishment at any time the portion of the female breast below a horizontal line across the top of the areola at its highest point, human genitals, pubic region, anus, cleft of the buttocks, or male genitals in a discernible, turgid state, even if completely and opaquely covered, or employ any device or covering intended to give the appearance of or to simulate male or female genitals, pubic region, anus, cleft of the buttocks or female breast below a horizontal line across the top of the areola.
The definition of breast shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
b. No alcoholic beverage licensee, employee or agent thereof shall permit any person to perform or appear on its premises in a manner or attire as to expose to view of the patrons of the establishment at any time the portion of the female breast below a horizontal line across the top of the areola at its highest point, human genitals, pubic region, anus, cleft of the buttocks, or human or simulated male genitals in a discernible, turgid state, even if completely and opaquely covered, or permit any person to employ any device or covering intended to give the appearance of or to simulate male or female genitals, pubic region, anus, cleft of the buttocks or female breast below a horizontal line across the top of the areola. The definition of breast shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
c. No alcoholic beverage licensee, employee or agent thereof shall allow, encourage or permit any person on the licensed premises to touch, caress or fondle the breast, buttocks, anus or genitals of any other person.
d. No alcoholic beverage licensee, employee or agent thereof shall allow, encourage or permit any person on the licensed premises to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic region or any portion thereof.
e. No alcoholic beverage licensee, employee or agent thereof shall allow, encourage or permit any person to perform acts of or acts which simulate or to show film, still pictures, electronic reproductions or other visual reproductions depicting:
1. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
2. The touching, caressing or fondling of the breast, buttocks, anus or genitals;
3. The displaying of the pubic hair, anus, vulva or genitals; or,
4. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.
f. Subject to the provisions of this Section, any entertainer employed or used by the licensee or permitted to dance or to entertain at the licensed premises shall perform, dance or entertain only upon a stage at least twelve (12) inches above the immediate floor level and removed at least six (6) feet from the nearest patron. No spectator, patron or persons other than entertainers or dancers shall be present on the stage during the course of the entertaining or dancing. No entertainer or dancer shall be permitted to have any physical contact with any patron or spectator while that entertainer or dancer is performing.
g. Performing of acts prohibited by this Section is a violation and punishment shall be fixed as set forth in the Kentucky Revised Statutes.
h. The second violation of this Section within a twelve (12) month period shall constitute a Class B misdemeanor with punishment as set forth in the Kentucky Revised Statutes.
i. Three (3) or more violations of this Section within a twelve (12) month period shall constitute a Class A misdemeanor with punishment as set forth in the Kentucky Revised Statutes.
j. In the event that a violation of this Section occurs, the City Administrator shall forthwith conduct a hearing pursuant to KRS 243.520 (in conjunction with 241.160 and 241.190), to determine whether the licensee, at whose business establishment the activity prohibited by this Section occurred, shall have his or its license suspended or revoked.
k. In the event three (3) or more violations of this Section occur at a business establishment within a twelve (12) month period, the City Administrator, after a hearing, shall revoke the said retail drink license or retail malt beverage license or both.
l. If any provision of this Section, or the application thereof, is held invalid, such invalidity shall not affect other provisions or other applications of this Section which can be given effect without the invalid provisions or applications, and to this end, the provisions of the Section are declared to be severable.
(Ord. BG87-3, 1/20/87; Ord. BG90-9, 2/20/90; Ord. BG2000-13, 5/16/2000; Ord. BG2011-14, 4/5/2011; Ord. BG2013-42, 12/3/2013)