(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic regions, buttocks, female breasts from below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, whether or not covered.
SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state or simulated state of sexual stimulation or arousal; acts or simulated acts of human masturbation, sexual intercourse or sodomy, fondling or other erotic touching of the human genitals, pubic regions, buttocks or female breasts.
(B) Unlawful to employ or engage an unlicensed dancer or entertainer. It shall be unlawful for any owner, tenant, person, licensee, agent or employee, of any theater, establishment, bar, tavern, club or business offering any kind of show or exhibition emphasizing specified sexual activities or specified anatomical areas to employ or engage any person as a dancer or entertainer unless such dancer or entertainer possesses a valid entertainer’s license issued by the city.
(C) Licenses required. It shall be unlawful for any person to provide his or her services as a dancer or entertainer in any theater, establishment, bar, tavern, club, business or other location, offering any kind of show or exhibition emphasizing specified sexual activities or specified anatomical areas, unless such person possesses at the place of employment, engagement, show or exhibition, a valid entertainer’s license issued by the city.
(D) Prohibitions. It shall be unlawful for any person providing his or her services as a dancer or entertainer in any theater, establishment, bar, tavern, club, business or other location, to engage in any specified sexual activities or engage in any physical contact with specified anatomical areas with any customer, patron or any other person.
(E) Application.
(1) Any person desiring employment as a dancer or entertainer in a theater, establishment, bar, tavern, club, business or any other place for which an entertainer’s license is required shall first make application to the city’s Police Department for a license as required in this section.
(2) At the time the application is filed, a non-refundable application fee in the amount of $100 shall be payable to the city and shall be in addition to any other fee required by this section.
(3) Any applicant for a license pursuant to this section shall submit the following information and submittals to the city’s Police Department:
(a) The full correct name, Social Security number and present address of the applicant;
(b) The two previous addresses immediately prior to the present address of the applicant and the dates of residence;
(c) A complete description in writing of the services to be performed;
(d) The location, name and mailing address of all prospective employers;
(e) Written proof (by birth certificate or sworn affidavits) that the applicant is at least 18 years of age;
(f) The individual applicant’s height, weight, color of eyes and hair and sex;
(g) One recent portrait photograph depicting a reasonable likeness of the applicant that is at least two inches by two inches and a complete set of the applicant’s fingerprints, which shall be taken by the Police Chief or his or her designee;
(h) All criminal convictions other than traffic violations and the specifics thereof;
(i) The application shall be signed and its truthfulness sworn to by the applicant;
(j) A complete list of all stage names, pseudonyms, aliases or nicknames under which the applicant has or will appear and documentation of any legal name changes by any court of record within the last seven years, or name changes resulting from marriage or divorce; and
(k) Such other identification and information necessary to discover the truth of the matters specified in this section, as required by the Police Chief or his or her designees.
(F) Issuance.
(1) The Police Department shall issue or renew an entertainer’s license after the city police have completed a criminal record check of local and state police records.
(2) A record of conviction for an offense involving gambling, narcotics, prostitution, pandering, pornography or any crime involving moral turpitude, or a violation of any provision of this section within the preceding two years shall be grounds for refusal to issue or renew an entertainer’s license.
(G) Renewal. The entertainer’s license shall be renewed on or before the first Monday in June of each year.
(H) Revocation. A license issued pursuant to this section shall remain the property of the city and shall be revoked and surrendered upon demand when proof is submitted to any police officer of any violation of the conditions of its issuance.
(Prior Code, § 25-83) (Ord. 902, passed 1-28-1991) Penalty, see § 153.999