A. Unwholesome Food: It shall be unlawful to sell or offer for sale any unwholesome or polluted food or drink of any kind in the City. (1979 Code Ch. 16, Art. III, §1)
B. Premises: All premises used in the sale or storage of food or drink intended for human consumption shall be kept in a clean and sanitary condition. Premises shall be kept free from flies and vermin of all kinds.
C. Employees: It shall be unlawful to permit any person who is afflicted with a contagious disease to handle any food or drink intended for sale. (1979 Code Ch. 16, Art. III, §2)
D. Utensils: Utensils for personnel use in all places serving food or drink to the public shall be thoroughly cleaned and sterilized after such usage. (1979 Code Ch. 16, Art. III, §9)
E. Nudity in Places Serving Food and/or Beverages Prohibited:
1. Intent: The City Council hereby finds that the competitive commercial exploitation of nudity is adverse to the public health, safety, morals and welfare and that it is in the best interests of the public health, safety, morals and welfare to restrict such nudity in places serving food and/or beverages in an effort to suppress disease.
2. Purpose: The purpose of this subsection E is to proscribe conduct which encourages competitive commercial exploitation of nudity, in places serving food and/or beverages, where such conduct is not related to any live artistic performance or entertainment which may be protected by the United States and Illinois constitutional provisions guaranteeing freedom and expression.
3. Definitions:
ESTABLISHMENT: Every kind of establishment where members of the public are served food and/or beverages for consumption on the premises.
FOOD: Any raw, cooked or processed edible substance, ice, beverage including liquor or ingredient used or intended for use or for sale in whole or in part for human consumption.
PERSON: An individual, firm, partnership, corporation, association, joint stock company, joint venture or any other private legal entity.
THEATER: A building, playhouse, room, hall or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, upon which theatrical or vaudeville performances or similar forms of artistic expression are presented, and where such performances are not incidental to the promoting of the sale of food, drink or other merchandise.
4. Conduct Prohibited:
a. It shall be unlawful for any person maintaining, owning or operating an establishment as defined herein to permit, allow, require or otherwise direct any person, while selling food and/or beverages to any customer, or while seating or directing customers to seats within any establishment, to expose his or her genitals, pubic hair, pubic hair region or buttocks or any portion of the female breast below the top of the areola, where the areola and nipple are not covered by a fully opaque covering.
b. It shall be unlawful for any person while serving food and/or beverages, or while seating or directing customers to seats within any establishment as defined herein to expose his or her genitals, pubic hair, pubic hair region or buttocks or any portion of the female breast below the top of the areola, where the areola and nipple are not covered by a fully opaque covering.
c. It shall be unlawful for any person maintaining, owning or operating an establishment as defined herein to suffer, permit, require or otherwise direct any person, while such person is mingling, coming in contact with, or likely to come into contact with, or in close proximity to customers of said establishment, within areas where food and/or beverages is served, to expose his or her genitals, pubic hair, pubic hair region or buttocks, or any portion of the female breast below the top of the areola, where the areola and nipple are not covered by a fully opaque covering.
d. It shall be unlawful for any person while mingling, coming in contact with, or likely to come in contact with, or in close proximity to customers of an establishment within areas where food and/or beverages is served, to expose his or her genitals, pubic hair, pubic hair region, or buttocks or any portion of the female breast below the top of the areola, where the areola and nipple are not covered by a fully opaque covering.
e. The provisions of subsections c and d of subsection E4 herein shall not apply to persons participating in any live act, exhibition or performance upon a stage at least eighteen inches (18") above the immediate floor level and removed at least six feet (6') from the nearest patron.
5. Exemption of Theatrical Establishment: The provision of this subsection E shall not apply to any exhibition, presentation, showing or performance in any theater which is principally devoted to theatrical performances.
6. Penalty: Any person who shall violate any provision of this subsection E shall be fined in an amount not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. (Ord. 2464, 6-15-92)