§ 8-6

This section is adopted pursuant to Sections 318.5 and 318.6 of the California Penal Code. All words used in this section which also are used in Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in Sections 318.5 and 318.6 of the California Penal Code.

As used in this section:

THEATER — Shall mean a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery and theatrical or vaudeville or similar performances are given, with permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, and which primary function is to give such performances.

Every female is guilty of a misdemeanor who, while participating in any live act, demonstration or exhibition in any public place, place open to the public or place open to public view, or who while acting as a waitress or entertainer, whether or not the owner of the establishment in which the activity is performed employs or pays any compensation to such person to perform such activity, in an establishment which serves food, beverages or food and beverages, including, but not limited to alcoholic beverages, for consumption on the premises of such establishment:

• a. Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line; or

• b. Employs any device or covering which is intended to simulate such portions of the breast; or

• c. Wears any type of clothing so that any portion of such part of the breast may be observed.

Every person is guilty of a misdemeanor who while participating in any live act, demonstration or exhibition in any public place, place open to the public or place open to public view or who while acting as a waiter, waitress or entertainer, whether or not the owner of the establishment in which the activity is performed employs or pays any compensation to such person to perform such activity, in an establishment which serves food, beverages or food and beverages, including, but not limited to alcoholic beverages, for consumption on the premises of such establishment:

• a. Exposes his or her genitals, pubic area or buttocks; or

• b. Employs any device or covering which is intended to simulate the genitals or pubic hair.

Every person is guilty of a misdemeanor who permits, counsels, procures or assists any person to so expose himself or herself, or to employ any such device.

City of Albany, CA § 8-6.6 ALBANY CODE

§ 8-6.7

This section does not apply to:

• a. A theater, concert hall or similar establishment which is primarily devoted to theatrical performances.

• b. Any act authorized or prohibited by any State statute.

A violation of this section is punishable by a fine not exceeding five hundred ($500.00) dollars or by imprisonment in the County Jail for not exceeding six (6) months, or by both such fine and imprisonment.