(A) Definitions. As used in this section, these terms shall have the following meanings:
(1) ALCOHOL BEVERAGE CONTROL ADMINISTRATOR. The duly appointed Alcoholic Beverage Control Administrator of the city.
(2) BUSINESS ESTABLISHMENT. Business within the city where distilled spirits, wine and/or malt beverages are sold by the drink for consumption on the premises pursuant to a retail distilled spirits, wine and/or malt beverage license that has been issued by the city.
(3) LICENSE. A retail drink distilled spirits, wine and/or malt beverage license issued by the city.
(4) LICENSEE. Any person to whom a retail distilled spirits, wine and/or malt beverage by the drink license has been issued by the city, including the officers and agents of the licensee.
(5) PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental authority.
(6) PREMISES. The land and building in and upon which any business establishment regulated by alcoholic beverage statutes, is carried on.
(7) RETAIL LICENSEE. Any licensee, including its officers, employee and/or agents, who sell at retail, any alcoholic beverage for the sale of which an occupational license is required.
(B) Prohibited activities. It shall be unlawful for, and a person is guilty of, performing nude or nearly nude activity when that person appears on a business establishment’s premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals, or any simulation thereof, or when any female appears on a business establishment’s premises in such manner or attire as to expose to view the portion of the breast below a horizontal line across the top of the areola at its highest point or simulation thereof. This definition 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) Licensees permitting nude or nearly nude activities. A licensee or retail licensee is guilty of permitting nude or nearly nude activity when, having control of the business establishment’s premises, such licensee knowingly organizes, supervises, promotes, permits, acquiesces, or fails to make a reasonable and timely effort to halt or abate, any nude or nearly nude activity, as defined and prohibited in division (B) above, on said premises.
(D) Revocation of liquor license.
(1) In the event that a violation of divisions (B) and/or (C) above of this section occurs, the Alcoholic Beverage Control Administrator shall forthwith conduct a hearing in conformity with this chapter, to determine whether the alcoholic beverage licensee, at whose business establishment the activity prohibited by this section occurred, shall have its distilled spirits, wine and/or malt beverage licenses suspended or revoked.
(2) In the event that three or more violations of divisions (B) and/or (C) of this section occur at a business establishment within a 12-month period, the Alcoholic Beverage Control Administrator, after a hearing, shall revoke the retail drink liquor license or retail malt beverage liquor license or both.
(Ord. 19-8, passed 12-12-19) Penalty, see § 111.99