For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGES. All distilled spirits and all beverages containing 0.5% or more alcohol by volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water.
BREAST. A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such outside area is:
(1) Reasonable compact and contiguous to the areola; and
(2) Contains at least the nipple and the areola and one-half of the outside surface area of such gland.
BUTTOCKS. (For a short general description, see the last sentence of this subsection.) The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two imaginary straights lines running parallel to the ground when a person is standing, the first or top such line being one-half inch below the top of the vertical cleavage of the nates (in other words, the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being one-half inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the “gluteal fold”), and between two imaginary straight lines, one on each side of the body (the “outside line”), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the outer side of each leg. Notwithstanding the above, BUTTOCKS shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fascia latae muscle or any of the above-described portion of the human body that is between either: (i) the left inside anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above and (ii) that is one-third of the distance from the anus to the right outside line. (The above description can generally be described as covering one-third of the buttocks centered over the cleavage for the length of the cleavage.)
ENTITY. Any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company or other for profit and/or not for profit organization.
ESTABLISHMENT DEALING IN ALCOHOLIC BEVERAGES. Any business, commercial or other establishment (whether for profit or not for profit and whether open to the public at large or where entrance is limited by cover charge or membership requirement) including those licensed by the state for sale and/or service of alcoholic beverages, and any bottle club; hotel; motel; restaurant; night club; country club; cabaret; meeting facility utilized by any religious, social fraternal or similar organization; business, commercial or other establishment where a product or article is sold, dispensed, served or provided with the knowledge, actual or implied, that the same will be, or is intended to be mixed, combined with or drunk in connection or combination with an alcoholic beverage on the premises or curtilage of said business, commercial or other establishment; or business, commercial or other establishment where the consumption of alcoholic beverages is permitted. Premises, or portions thereof such as hotel rooms used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be an ESTABLISHMENT DEALING IN ALCOHOLIC BEVERAGES.
NUDE. Any person insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering:
(1) The male or female genitals;
(2) The male or female pubic area;
(3) The female breast (see the last sentence in this subsection); or
(4) The buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, G-Strings, T-Backs, dental floss and thongs.
PERSON. Any living human being aged ten years of age or older.
PLACES PROVIDED OR SET APART FOR NUDITY. Enclosed single-sex public restrooms, enclosed single sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person’s conduct of being nude is used for his or her profit or where being nude is used for the promotion of business or is otherwise commercially exploited.
PUBLIC PLACE. Any location frequented by public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. PUBLIC PLACES include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether fro profit or not for profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets, and meeting facilities utilized by any religious, social fraternal or similar organization. Premises, or portions thereof, such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature shall not be deemed to be a PUBLIC PLACE.
(Ord. passed 1-20-2004)