(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXPOSE. Unclothed or uncostumed or not covered by a fully opaque material.
THEATER. Means the following:
(a) A building, playhouse, hall or other place having a permanent stage upon which movable scenery and theatrical or vaudeville or similar performances are given and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage;
(b) A building, room, hall or other place whose primary function is to present movies or motion pictures and which has a permanent movie screen and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of said screen; or
(c) An open air or drive-in movie having a permanently affixed movie screen and permanently affixed devices for broadcasting the soundtracks of movies or motion pictures inside of the patrons’ vehicles.
(B) Prohibited.
(1) It is unlawful, and punishable as a misdemeanor, for any person who, while acting as a waiter, waitress, entertainer, salesperson or in any other capacity as an owner, manager or employee, in an establishment which serves food, beverages or food and beverages, including, but not limited to, alcoholic beverages, for consumption on the premises of such establishment:
(a) To expose his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
(b) To expose any portion of the female breast at or below the areola thereof.
(2) It is unlawful, and punishable as a misdemeanor, for any person to cause, permit, procure, counsel or assist any person to expose himself or herself as prohibited in division (B)(1) above.
(3) A person shall be deemed a salesperson, 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 establishment in which the activity is performed or by any other person.
(C) Exemption. This section does not apply to a theater or similar establishment, which is primarily devoted to theatrical performances or the presentation of movies.
(Prior Code, § 4-2-1) Penalty, see § 130.99