(a) Exposure in Bars and Restaurants. No person who, while acting as a waiter, waitress, entertainer or employee, in an establishment which serves food or beverages, or food and beverages, including, but not limited to, alcoholic beverages, for consumption on the premises of the establishment, shall:
(1) Expose his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
(2) Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
(3) Expose any portion of the female breast before the top of the areola thereof.
(b) Employment or Payment not Necessary for Offense. A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity, without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(c) Exposure in Live Act, Demonstrations and Exhibitions. No person shall, while participating in any live act, demonstration or exhibition, in any public place, place open to the public, or place open to public view:
(1) Expose his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
(2) Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
(3) Expose any portion of the female breast before the top of the areola thereof; or
(4) Commit actual or simulated touching, caressing or fondling of the breasts, buttocks, anus or genitals; or
(5) Display films or pictures depicting acts or a live performance which would be prohibited by this section.
(d) Complicity. No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in divisions (a) through (c) of this section.
(e) Exemption of Theatrical Establishments. The provisions of divisions (a) through (d) of this section shall not apply to a theater which is primarily devoted to theatrical performances.
(f) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.