§ 4-27. Conduct in premises licensed to sell intoxicating liquor (alcoholic liquors).

(a)

Purpose and intent. It is hereby determined that display or depiction of nudity and sexual acts in establishments licensed to sell intoxicating liquors deteriorates the residential, business and commercial environment of the city. It is also determined that establishments that engage in these activities negatively affect property values. It is further determined that the prohibitions contained in this article are the minimum amount necessary to achieve its purposes.

(b)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Female breast means and is considered uncovered if the nipple only or the nipple and areola only are covered.

Nudity means uncovered, or less than completely and opaquely covered human genitals, pubic regions, buttocks and human female breasts below a point immediately above the top of the areola or the covered human male genitals in a discernibly turgid state.

(c)

Acts prohibited. No person holding a license pursuant to the state liquor control act or the person in charge of the licensed premises, or any employee of the licensee, shall engage in or permit on the licensed premises, any person, brutes, beasts or animals to perform acts of or acts, whether live, on film, video tape, broadcast or by any other means which constitute or simulate:

(1)

Sexual intercourse, fellatio, cunnilingus, masturbation, sodomy, bestiality, flagellation or any other act by a person involving the touching or contacting of the genitals or any sexual acts which are prohibited by law.

(2)

The touching, caressing or fondling of the breast, buttocks, pubic region or genitals or the stimulation thereof by any device, tool, implement or object.

(3)

The actual or simulated displaying or exposure of simulations of the pubic hair, pubic region, anus, vulva or genitals of humans, brutes, beasts or animals.

(4)

The exposure of postpubertal female breast by any person. For the purpose of this subsection, a female breast is considered exposed if any portion of the breast, below a line immediately above the top of the areola is exposed.

(5)

Scenes wherein artificial devices or inanimate objects are employed to depict any of the prohibited activities described in subsections (1) through (5) of this section.

No licensee shall permit any person to remain in or about the licensed premises who is nude or engaging in acts prohibited by this Code.

(d)

Addition to other liabilities. Prosecution under this Code is additional to any other liabilities to which the defendant may be subjected by law.

(Prior Code, § 9.300; Ord. No. 92-05, 2-3-1992)