(A) The purpose of this section is to promote the health, safety, and general welfare of the citizens of the City of Winner by furthering the government's interest in avoiding the harmful secondary effects of this activity such as prostitution, sexual assaults, criminal activity, degradation of women, and other activities that break down family structure. It is not the purpose of this section to suppress expression that is protected by the First Amendment to the Constitution of the United States or by Article 6, Section 5 of the Constitution of the State of South Dakota.
(B) STATE OF NUDITY in this section means the showing of the human male or female genitals or pubic area with less than fully opaque material covering; body paint or similar self-adhering substance, by itself, shall not be sufficient to comply with this provision.
(C) It shall be unlawful for:
(1) Any person on premises licensed for the sale of alcoholic beverages, while in the presence of any other person, to appear in a state of nudity as defined herein.
(2) A licensee in alcoholic beverages, its manager or agent to authorize, permit, or suffer any person on the licensed premises to violate the provisions of division (C)(1) of this section.
(D) There shall be no physical contact, such as kissing, fondling, or embracing between performers and patrons for gratuity, pay or other remuneration, direct or indirect, or in conjunction with or as part of any performance or entertainment in premises licensed by the governing body of the city for consumption of liquor, including beer, on such premises.
(E) Any person upon whom a duty is placed by the provisions of this section, who shall fail, neglect, or refuse to perform such duty, or who shall knowingly violate any provision hereof, shall be deemed guilty of a Class 2 misdemeanor. Each day that a violation of this section continues shall constitute a separate and distinct offense and shall be punishable as such.
(F) At any time when entertainment as described in this section is presented, the licensee's windows shall be covered by glazing, shades, curtains, or other material sufficient to prevent persons outside the establishment from being able to observe the performer and/or the performance.
(G) The violation of any of the provisions of this section in connection with the operation of the licensed business by the licensee or by any employees or agents of the licensee, shall be sufficient to cause the revocation or suspension of the license of such licensee by the City Council. Such revocation or suspension shall be cumulative with the addition to any penalty or fine imposed by the code of the city.
(H) Any employee and/or independent contractor of a business licensed for the sale of alcohol shall be at least 21 years of age and shall possess proper identification and proof of age and shall display the identification to appropriate officials upon request.
(Prior Code, § 6.01.16) (Ord. 688, passed - -; Ord. 731, passed - -; Ord. 746, passed - -; Ord. 952, passed 5-18-2020; Ord. 994, passed 2-15-2021) Penalty, see
§ 110.99