(a) Definitions. As used in this section, except where the context otherwise requires:
(1) "Person" means any individual, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary or corporation, or any combination thereof, or any other entity.
(2) "Establishment dealing in alcoholic beverages" means any business establishment operating within the corporate limits of the City which sells alcoholic beverages for consumption on the premises.
(b) Nudity and Sexual Conduct.
(1) No person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage, or any simulation thereof, in an establishment dealing in alcoholic beverages.
(2) No female person shall expose to public view any portion of her breasts below the top of the areola, or any simulation thereof, in an establishment dealing in alcoholic beverages.
(3) No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any person to expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage, or any simulation thereof, within such establishment.
(4) No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any female person to expose to public view any portion of her breasts below the top of the areola, or any simulation thereof, within such establishment.
(5) No person shall engage in, and no person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit, any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, sexual act prohibited by law, or touching, caressing or fondling of human breasts, buttocks, anus or genitals, or any simulation thereof, within an establishment dealing in alcoholic beverages.
(6) No person shall cause, and no person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit, the exposition of any graphic representation, including pictures or the projection of film, which depicts human genitals, the human pubic area, vulva, anus, anal cleft or cleavage, the female breasts below the top of the areola, sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, a sexual act prohibited by law, or touching, caressing or fondling of human breasts, buttocks, anus or genitals, or any simulation thereof, within any establishment dealing in alcoholic beverages, except that the exhibition or showing of motion picture films which have received a rating of "General," "Parental Guidance," "Parental Guidance 13" or "Restricted" from the Motion Picture Association of America shall not be restricted or prohibited.
(c) Finding of Fact; Intent. It is hereby declared that the acts prohibited in subsection (b) hereof encourage conduct in and around establishments dealing in alcoholic beverages, which conduct results in violation of law and is dangerous to the health, safety and welfare of the public, and it is the intent of this section to prohibit nudity, gross sexuality and the simulation and depiction thereof in establishments dealing in alcoholic beverages.
(d) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 597.02.
(Ord. 1993-5. Passed 1-25-93.)