A. Prohibited: It shall be unlawful for any licensee to permit any person under the age of twenty one (21) years, not an employee of the licensee, to loiter in or about his or her or its place of business or to sell, give or deliver alcoholic liquor to any person or persons under the age of twenty one (21) years, or to any intoxicated person or to any person known to him or to any servant or employee of the licensee to be a habitual drunkard, spendthrift or insane person or a feeble minded or distracted person. Provided, however, that this subsection shall not apply to any person under the age of twenty one (21) years who is accompanied by his or her parent or guardian or spouse, who is over the age of twenty one (21), or to any licensed premises which derives its principal business from the sale of service or other commodities other than alcoholic liquor.
B. Presence Of Minors Restricted: It shall be unlawful for any person under the age of twenty one (21) years to be present in a class A tavern during the times that alcoholic liquor is sold. If the license is issued for a business which is not predominantly for the sale of alcoholic liquor, such as hotels or bowling alleys, this subsection shall only apply to the room or area set aside for the sale and consumption of alcoholic liquor; provided, that persons under the age of twenty one (21) years may be present in said licensed premises during times at which a meal is being served as long as they are accompanied by a parent, guardian, or spouse twenty one (21) years of age or older.
C. After Hours: No person, except peace officers in the performance of law enforcement duties, the licensee and licensee's employees or agents actually working, shall be present in a class A tavern between the hour of closing and the hour of opening as established in this chapter; provided, that if the license is issued for a business which is not predominantly for the sale of alcoholic liquor such as hotels or bowling alleys, this subsection shall apply only to the room or area set aside for the sale and consumption of alcoholic liquor.
D. Conduct Of Place Of Business: Every licensee shall conduct his, her or its place of business in a quiet, decent and respectable manner and shall eject therefrom or refuse admittance thereto all persons rendering themselves objectionable or undesirable by reason of undue noise or other acts disturbing the peace.
E. Unlawful Conduct: Every licensee shall immediately report to the police department of the city any act by any person or patron rendering such person or patron objectionable, causing undue noise or disturbance, causing a breach of the peace or participating in other unlawful conduct. Such report shall be made immediately upon the occurrence of any act described herein to the end that the police department shall be notified to come to the aid or assistance of the licensee in maintaining the peace in and about the licensed premises.
F. Disturbances: No person licensed under the provisions hereof shall make or allow any loud or boisterous talking or obscene or profane language, quarreling, fighting or other disturbance of persons passing along any street or public way in the vicinity thereof or to the disturbance of the peace and quiet of persons doing business or residing in the neighborhood thereof.
G. Clothing: All licensees dispensing or serving food or alcoholic liquor shall be decently clothed. Topless or similar attire is prohibited. Shoes must be worn in the licensed premises by all employees and patrons at all times.
H. Obscene Acts: It shall be unlawful for any licensee to permit or allow any act or form of entertainment which, when considered as a whole, would be considered "obscene" (i.e., has a predominant appeal to prurient interest) such as that term is defined by law.
I. Inspection: Every licensee shall notify the chief of police or his designee and the liquor commissioner at least forty eight (48) hours in advance of the date and time of any private party to be held or conducted on the licensed premises and the licensed premises shall be subject to inspection during any such private party.
J. Employee Actions Prohibited: It shall be unlawful for any person, while acting as a waiter, waitress, bartender, entertainer, vendor or in any other position, to:
1. Expose his or her genitals, pubic hair, buttocks, natal cleft, 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, natal cleft, perineum, anal region or pubic hair region; or
3. Expose any portion of the female breast at or below the areola thereof.
4. It shall be unlawful to allow any customer or any other person to perform any of the foregoing acts.
K. Licensee Actions Prohibited: It shall be unlawful for any licensee to:
1. Permit or allow any waiter, waitress, bartender, entertainer, vendor or any other employee or any person to commit any of the unlawful acts in this section. A person shall be deemed to be a waiter, waitress, bartender, vendor 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.
2. Permit or allow any act or form of entertainment which, when considered as a whole, would be considered obscene (i.e., has its predominant appeal to prurient interest) as such term is defined by state law.
3. Permit or allow any of the following: "male or female striptease" (defined to be the removal of substantially all of their clothes), lingerie (either male or female) fashion shows, lingerie raffles, wet T-shirt contests, mud or jello wrestling or wrestling in any substance, and any similar contest or performance which would constitute obscene conduct as defined pursuant to 720 Illinois Compiled Statutes 5/11-20(6)(b) as follows:
Any material or performance is obscene if: (1) the average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and (2) the average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and (3) taken as a whole, it lacks serious literary, artistic, political or scientific value.
4. To suffer in his, her or its premises or any part thereof or any places adjacent thereto under his, her or its control any violation of this section.
5. To suffer or permit the following conduct on licensed premises:
a. Performance of acts, or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or other sexual act.
b. The actual or simulated touching, caressing or fondling of the breasts, buttocks, pubic hair, anus or genitals.
c. The actual or simulated display of the breasts, buttocks, pubic hair, anus, vulva or genitals.
d. Permitting any person to remain upon licensed premises who exposes to public view a portion of his or her breasts, buttocks, genitals, vulva or anus. (Ord. 2013-22, 10-28-2013)