(a) Exposure by Patrons, Customers, Waiters, Waitresses, Independent Contractors, Owners, Employees, Entertainers and Performers. No patron or customer, and no person while acting as a waiter, waitress, independent contractor, owner, employee, entertainer or performer not performing, in an establishment which serves food, beverages or food and beverages, including, but not limited to, alcoholic beverages, for consumption on the premises of the establishment, shall:
(1) Expose his or her genitals, pubic area, buttocks, perineum or anal region;
(2) Expose any device, costume or covering that gives the appearance of or simulates the genitals, pubic area, buttocks, perineum or anal region; or
(3) Expose any portion of the female breast below the top of the areola thereof.
(b) Counseling or Assisting in Unlawful Exposure. No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in division (a) of this section.
(c) Employment or Payment not Necessary for Offense. A person shall be deemed to be a waiter, waitress, performer or entertainer if such person acts in that capacity, without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(d) Exposure of Performers or Entertainers in Public. No person shall, while participating in any live act, demonstration, performance or exhibition in any public place, place open to the public or place open to public view:
(1) Expose his or her genitals, pubic area, buttocks, perineum or anal region;
(2) Expose any device, costume or covering that gives the appearance of or simulates the genitals, pubic area, buttocks, perineum or anal region; or
(3) Expose any portion of the female breast below the top of the areola thereof.
(e) Counseling or Assisting Unlawful Public Exposure. No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in division (d) of this section.
(f) Exemption of Theatrical Establishments. The provisions of division (d) of this section shall not be interpreted to prevent live performances with serious literary, artistic or political value in a legitimate theater setting for high culture as that concept is used in Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991).
(g) Regulations for Establishments Offering Live Dancing Performances. Any establishment offering live dancing performances shall conform to the following regulations:
(1) The dancing performance shall be confined to a clearly defined stage or platform area that is elevated at least two feet (2') above the normal floor elevation of the establishment;
(2) There shall be a clearly defined and delineated three-foot (3') buffer area or space between the aforesaid stage or platform and any area of the establishment in which customers are customarily seated and/or served;
(3) The buffer zone shall be clearly and permanently delineated by a rail, rope, enclosure or other similar means;
(4) All dancing or entertainment shall be confined to the stage or platform area as described herein;
(5) At no time during the performance shall the patrons or the entertainer be permitted to encroach on the aforesaid buffer zone; and
(6) Patrons are prohibited from co-mingling with or touching the entertainers on the stage or platform.
(h) Use of Premises Declared to be a Nuisance. Any premises used in violation of division (a), (b), (c), (d), (e) or (f) of this section shall be deemed to be a nuisance and such nuisance may be abated as provided for by law. Such remedy shall be in addition to the penalty provided in division (i) of this section.
(i) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
(Ord. 96-71. Passed 08/22/96)