The following prohibitions and criteria shall apply within existing and/or newly created establishments dealing in alcoholic beverages and the curtilages thereof:
(A) No person shall knowingly, intentionally or recklessly appear, or cause another person to appear, nude or expose to public view his or her genitals, pubic area, vulva, or buttocks, or any simulation thereof.
(B) No female person shall knowingly, intentionally or recklessly expose, or cause another female person to expose her breasts or any simulation thereof to public view.
(C) No person or entity maintaining, owning, or operating an establishment dealing in alcoholic beverages shall encourage, allow or permit any person to appear nude or to expose to public view his or her genitals, pubic area, vulva, anus, or any portion of the buttocks or simulation thereof. This Section shall be violated if any portion of the buttocks is visible from any vantage point.
(D) No person or entity maintaining, owning, or operating an establishment dealing in alcoholic beverages shall encourage, allow or permit any female person to expose her breasts or any simulation thereof to public view.
(E) No person shall engage in and no person or entity maintaining, owning, or operating an establishment dealing in alcoholic beverages shall encourage, allow or permit any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, lap dancing, straddle dancing, any sexual act which is prohibited by law, touching, caressing, or fondling of the breasts, buttocks, anus, or genitals, or the simulation thereof.
(F) The prohibitions of this Section shall not apply when a person appears nude in a place provided or set apart for nudity provided: 1) such person is nude for the sole purpose of performing the legal function(s) that is customarily intended to be performed within such place provided or set apart for nudity and 2) such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity.
(G) Each female person may determine which one-fourth (1/4) of her breast surface area (see definition of "breast" in Section 6-6-3 of this Chapter) contiguous to and containing the areola is to be covered.
(H) This Section shall not be deemed to address photographs, movies, video presentations, or other nonlive performances. (Ord. 623, 8-12-1996)