(A) The following conduct is prohibited on the premises of any business where a city liquor license has been issued or where alcoholic liquor is sold, dispensed, served, or consumed:
(1) For any employee to expose his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region, pubic hair region, or any portion of the female breast at or below the areola thereof (excluding any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part) to a patron;
(2) For any employee to touch, caress, or fondle the breast, buttocks, anus, or genitals of any patron; or
(3) For any person to perform any act of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts prohibited by law.
(B) Division (A)(1) above does not apply to conduct in theaters, concerts halls, art centers, museums, or similar establishments that are primarily devoted to the arts of theatrical performances, when the performances that are presented are expressing matters of serious literary, artistic, scientific, or political value. The exception in the previous sentence shall not be construed to apply to any sexually oriented business or adult entertainment facility as defined by applicable law.
(C) For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. Any person who regularly performs any service on a full-time, part-time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, lessee, or otherwise, on the premises of any business where a city liquor license has been issued or where alcoholic liquor is sold, dispensed, served, or consumed. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
REGULARLY. The consistent and repeated doing of an act on an ongoing basis.
(Ord. 93-32, passed 9-27-1993; Am. Ord. 2011-02, passed 2-14-2011; Am. Ord. 2020-02, passed 1-27-2020) Penalty, see § 10.99