For the purpose of this Chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.
A. "Dine and dance clubs, " and "night clubs, " mean and include all hotels, restaurants, cafes, road houses, inns, taverns, bars, or any place open to the public, wherein or whereat beverages, meals or dinners are served, and where the public and patrons thereof may dance, or where entertainers may perform.
B. A "public dance", "dancing club", or "public dance hall" means and includes any place open to the public wherein or whereat the public may engage in dancing as a result of the entertainment provided, including places and dances where admission thereto is by membership or other special privilege.
C. "Entertainment" means:
1. Any act, play, review, pantomime, scene, dance act, song and dance act, concert, or gathering and playing of band(s) and/or musical groups, performed by one or more persons, whether or not such person or persons are compensated for such performance, when the same is performed at a public dance hall, public dance, dancing club, dine and dance club or night club; or
2. Any fashion or style show, except:
a. When the same is conducted by a nonprofit club, organization or association, as a part of the social activities of such club, organization or association to which members of the general public are not invited; or
b. When the same is conducted by a person as a part of a commercial business which primarily involves the sale or manufacture of clothing or wearing apparel.
3. The following is included in the term "entertainment": The presence of any performer, dancer, employee, agent, model or other person, collectively and/or individually referred to as "entertainer", in any place of entertainment as defined in Sections 5.14.010 (A) or (B) who engages in any specified sexual activity (as that term is defined in Chapter 19.06 of this Code) not otherwise prohibited by local, State or Federal law, or who exposes any specified anatomical part (as that term is defined in Chapter 19.06 of this Code) not otherwise prohibited by local, State or Federal law, or who performs in attire commonly referred to as pasties or a G-string, or any other opaque covering which does not expose the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area. Entertainment as described in this subsection shall be subject to all regulations as described in Chapter 19.06 of this Code, including but not limited to, the requirement for a Development Permit II.
D. "Notice" means written notice, given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of the United States Postal Service.
E. "License" means a license required and issued pursuant to the provisions of this Chapter.
(Ord. MC-1129, 8-20-02; Ord. MC-1100, 7-24-01)