(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AVAILABLE TO THE PUBLIC. The matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance.
DISSEMINATE. To transfer possession of, with or without consideration.
KNOWINGLY. Being aware of the character and the content of the material.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
OBSCENE MATERIAL. Any representation, depiction or description of sexual conduct, whether in any form or medium including still photographs, un-developed photographs, motion pictures, undeveloped film, videotape, CD-ROM, magnetic disk memory, magnetic tape memory or a purely phonographic product or a reproduction of such product in any book, pamphlet, magazine, or other publication, if the items contain the elements of this section.
PERFORMANCE.
(1) Any live or cinematic show of whatever nature over any broadcast media, if the performance contains the following:
(a) The obscene material or perform-ance has as one of its participants or portrayed observers a child under the age of 18 or who appears as prepubescent;
(b) The obscene material or perform-ance contains depictions or descriptions of sexual conduct which are patently offensive as found by the average person applying contemporary community standards.
(c) The obscene material or perform-ance taken as a whole has as the dominant theme an appeal to prurient interest as found by the average person applying contemporary community standards; and
(d) A reasonable person would find the obscene material or performance taken as a whole lacks serious literary, artistic, educational, political, or scientific purposes or value.
(2) Any preview, play, show, skit, film, dance or other exhibition performed before an audience.
PERSON. Any individual, partnership, firm, association, corporation or other legal entity.
PROMOTE. To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS. The provision of services to paying guests in establishments providing food and beverages; including but not limited to hostessing, hat checking, cooking, bar tending, serving, table setting and clearing, waiter and waitressing, and entertaining.
SEXUAL CONDUCT.
(1) (a) Acts of sexual intercourse includ-ing any intercourse which is normal or perverted, actual or simulated;
(b) Acts of deviate sexual conduct, including oral and anal sodomy;
(c) Acts of masturbation;
(d) Acts of sadomasochistic abuse including but not limited to:
1. Flagellation or torture by or upon any person who is nude or clad in under-garments or in a costume which is of a revealing nature; or
2. The condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed.
(e) Acts of excretion in a sexual context; or
(f) Acts of exhibiting human genitals or pubic areas.
(2) The types of sexual conduct described in this definition are intended to include situations when, if appropriate to the type of conduct, the conduct is performed along or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or ratification.
(`83 Code, § 10-409) (Ord. 98-57, passed 12-21-98)
(B) It is unlawful for any person to:
(1) Knowingly disseminate, distribute or make available to the public any obscene material;
(2) Knowingly engage in commerce for commercial gain with materials depicting and describ-ing explicit sexual conduct, nudity, or exhibition utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal;
(3) Knowingly engage or participate in any obscene performance made available to the public; or
(4) Provide service to patrons in such a manner as to expose to public view:
(a) His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(b) Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(c) Any portion of the female breast at or below the areola thereof; or
(d) Knowingly promote the commis-sion of any of the above listed unlawful acts.
(`83 Code, § 10-410) Penalty, see § 133.99