A. Certain Actions Declared Nuisance: It is hereby declared to be a public nuisance and it is unlawful as follows:
1. Any female entertaining or performing any dance or in any play, exhibition, show, or other entertainment, or any female serving food or spirituous liquors as defined by Arizona Revised Statutes title 4, chapter 1, article 4-101, as amended, in a restaurant, nightclub, bar, tavern, taproom, theater, or in a private, fraternal, social, golf or country club, as defined by Arizona Revised Statutes title 4, chapter 1, article 4-101, as amended, or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the bare female breast or breasts are not firmly covered below the top of the nipple by a brassiere consisting of a fully opaque material, is guilty of a misdemeanor.
2. Any person entertaining or performing any dance or in any play, exhibition, show or other entertainment, or any person serving food or spirituous liquors as defined by Arizona Revised Statutes title 4, chapter 1, article 4-101, as amended, in a restaurant, nightclub, bar, tavern, taproom, theater, or in a private, fraternal, social, golf or country club, as defined in Arizona Revised Statutes title 4, chapter 1, article 4-101, as amended, or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the lower part of his or her torso, consisting of the private parts or anal cleft or cleavage of the buttocks, is not covered by a fully opaque material or is so thinly covered as to appear uncovered, is guilty of a misdemeanor.
3. Any person who employs any female entertaining or performing any dance or in any play, exhibition, show, or other entertainment, or any female serving food or spirituous liquors as defined by Arizona Revised Statutes title 4, chapter 1, article 4-101, as amended, in a restaurant, nightclub, bar, tavern, taproom, theater, or in a private, fraternal, social, golf or country club, as defined by Arizona Revised Statutes title 4, chapter 1, article 4-101, as amended, or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the bare female breast or breasts are not firmly covered below the top of the nipple by a brassiere consisting of a fully opaque material, is guilty of a misdemeanor.
4. Any person who employs any person entertaining or performing any dance or in any play, exhibition, show or other entertainment, or any person serving food or spirituous liquors as defined by Arizona Revised Statutes title 4, chapter 1, article 4-101, as amended, in a restaurant, nightclub, bar, tavern, taproom, theater, or in a private, fraternal, social, golf or country club, as defined in Arizona Revised Statutes title 4, chapter 1, article 4-101, as amended, or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the lower part of his or her torso, consisting of the private parts or anal cleft or cleavage of the buttocks, is not covered by a fully opaque material or is so thinly covered as to appear uncovered, is guilty of a misdemeanor.
5. Any person who aids and abets in any commission of any of the offenses defined by subsections A1, A2, A3, and A4 of this section is guilty of a misdemeanor.
6. Any person who touches, caresses, or fondles the breasts, buttocks, anus, or genitals of another who is entertaining or performing any dance, is guilty of a misdemeanor.
B. Copy Of Section Provided To Owner; Posting: The city clerk shall, upon request, furnish to the owner or operator of each restaurant a copy of this section. The owner or operator shall post the copy of this section in a place conspicuous to the entertainers, but not necessarily in view of the general public. The owner or operator of the establishment shall acquaint his entertainers with the terms of this section.
C. Dances Performed Upon Stage: All dances, including go-go and striptease performances, shall be conducted upon a stage, platform or portion of the floor raised at least thirty six inches (36") above the main portion of the floor.
D. Penalty Clause: Any person found guilty of violating any provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not to exceed three hundred dollars ($300.00) or by imprisonment for a period of not to exceed three (3) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove prescribed. (Ord. 88-291, 3-28-1988)