(A) Definitions. 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.
MATERIAL. Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical, or electrical reproduction or any other articles, equipment or machines.
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 discernible turgid state.
OBSCENE. To the average person applying contemporary community standards:
(a) The predominant appeal of the matter taken as a whole, is to prurient interest; i.e., shameful or morbid interest in sexual conduct, nudity or excretion;
(b) The matter depicts or describes in a patently offensive manner sexual conduct regulated by 21 O.S.; and
(c) The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERFORMANCE. 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.
(B) Prohibited obscene conduct. 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 describing 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 commission of any of the above listed unlawful acts.
(C) Nudity; improper dress; indecent exposure.
(1) It is unlawful for any person to:
(a) Appear in any public place in the city in a state of nudity;
(b) Appear in any public place in the city in any offensive, indecent or lewd dress; or
(c) Make an indecent public exposure of his or her person.
(2) It is unlawful for any person to procure, counsel or assist any person to commit any of the acts in this division (C).
(Prior Code, § 5-2D-5) Penalty, see § 133.99