(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. All alcohol, distilled spirits, beer, malt beverage, wine or fortified wine, as defined under state law and/or by the state’s Liquor Control Commission.
LICENSED PREMISES. Any premises in which alcoholic beverages are sold or dispensed for consumption on the premises and licensed and/or regulated by the state’s Liquor Control Commission.
OPERATOR. The owner, license holder, operator, manager and person in charge of any licensed premises.
PARTIALLY NUDE or SEMI-NUDE. A person having any or all of the following body parts exposed: buttocks; genitals; anus; pubic area; or female breasts.
PERSON. A natural person, proprietorship, partnership, corporation, association or other legal entity.
(B) Nudity and certain sexual conduct prohibited.
(1) No person shall, on licensed premises, perform acts of or acts which constitute or simulate:
(a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts or sexual activities which are prohibited by law;
(b) The touching, caressing or fondling of the breast, buttocks, anus, human genitals or pubic region;
(c) The displaying of human genitals, buttocks, pubic region, anus or the female breast below the top of the nipple; or
(d) Topless dancing and/or bottomless dancing, partially nude or semi-nude dancing, strippers or similar entertainers, or topless and/or bottomless and/or partially nude or semi-nude waitpersons or employees or any other form of nude or partially nude or semi-nude service or entertainment.
(2) No person shall, on licensed premises, use artificial devices or inanimate objects to perform, simulate or depict any of the prohibited conduct or activities described in division (B)(1) above.
(3) It shall be unlawful for any person to show, display or exhibit, on licensed premises, any film, video, still picture, electronic reproduction or any other visual reproduction or image of any act or conduct described in divisions (B)(1) and (B)(2) above.
(C) Allowing persons to engage in prohibited acts. No operator shall allow or permit to remain in or about the licensed premises any person who performs acts of or acts which constitute or simulate:
(1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts or sexual activities which are prohibited by law;
(2) The touching, caressing or fondling of the breast, buttocks, anus, human genitals or pubic region;
(3) The displaying of human genitals, buttocks, pubic region, anus or the female breast below the top of the nipple; or
(4) Topless dancing and/or bottomless dancing, partially nude or semi-nude dancing, strippers or similar entertainers, or topless and/or bottomless and/or partially nude or semi-nude waitpersons or employees or any other form of nude or partially nude or semi-nude service or entertainment.
(D) Amortization of licensed premises.
(1) Any licensed premises lawfully operating on the effective date of this section that is in violation of the provisions or requirements of this section shall be deemed a non-conforming licensed premises. The non-conforming licensed premises will be permitted to continue for a period not to exceed six months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more; provided, however, said non-conforming licensed premises shall be permitted to continue for an additional six-month period if said licensed premises applies for said extension to the City Council within the first six-month period.
(2) Such non-conforming licensed premises shall not be increased, enlarged, extended or altered; except that, said non-conforming licensed premises may be changed and operated to conform to all of the requirements of this section.
(E) Violations. The violation of any provision of this section by the operator of any licensed premises shall constitute grounds for the suspension and/or revocation of any and all alcoholic beverages licenses issued to said premises or to such operator by the state’s Liquor Control Commission.
(F) Public nuisance per se. Any violation of any provisions of this section is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(G) Rights and remedies are cumulative. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(Prior Code, § 25-84) (Ord. 941, passed 7-22-1992) Penalty, see § 153.999