Colton Municipal Code Ch. 9.11 Lewd Conduct—indecent Exposure

A. The City Council finds it to be a fact that a place where female nude dancing is combined with drinking Alcoholic Beverages creates a concentration of adult male Persons with stimulated aggressive impulses and diminished inhibitions who are disposed to engage in obnoxious conduct, the Commission of crime and the injury of Persons and Property.

B. The purpose of this chapter is to regulate the exposure of Designated portions of the human anatomy by Persons in Establishments which serve Alcoholic Beverages for consumption on the Premises of such Establishments. Such Establishments are herein sometimes referred to as saloons. Saloons are licensed by the Department of Alcoholic Beverage Control of the State of California. The holder of such a license is referred to herein as "licensee." The location of the saloon is referred to herein as "licensed Premises."

C. This chapter is adopted pursuant to the provisions of Sections 318.5 and 318.6 of the Penal Code of the State. All words Used in this chapter which are also Used in said Sections 318.5 and 318.6 are Used in the same sense and mean the same as the same respective words Used in said Sections 318.5 and 318.6 of the Penal Code of the State.

(Ord. 0-1-86 § 1 (part), 1986)

As Used in this chapter and in Sections 318.5 and 318.6 of the Penal Code of the State, the phrase "Theater, Concert Hall, or Other Similar Establishment which is Primarily Devoted to Theatrical Performances" means a Building, room, hall, or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage upon which theatrical, vaudeville, or similar performances are given and in which the serving of food and/or beverages is clearly Incidental to such performances. This definition Shall not, however, supersede the provisions of Section 9.11.010 of this chapter.

(Ord. 0-1-86 § 1 (part), 1986)

The provisions of this chapter Shall not apply to:

A. A theater, concert hall, or other similar Establishment which is primarily devoted to theatrical performances; or

B. An Establishment not serving Alcoholic Beverages for consumption on its Premises; or

C. Any Act authorized or prohibited by any statute of the State.

(Ord. 0-1-86 § 1 (part), 1986)

It is unlawful and a misdemeanor for any Person, while acting as an entertainer in a saloon, to be unclothed, or in such attire, costume or clothing, as to expose to view any portion of her breasts below the top of the areola.

(Ord. 0-1-86 § 1 (part), 1986)

It is unlawful and a misdemeanor for any Person to employ, procure, Permit or assist any female Person to engage in conduct prohibited by the provisions of Section 9.11.040.

(Ord. 0-1-86 § 1 (part), 1986)

It is unlawful and a misdemeanor for any licensee to Permit any female Person who exposes to public view any portion of her breasts below the top of the areola to remain in or upon the licensed Premises.

(Ord. 0-1-86 § 1 (part), 1986)

It is unlawful and a misdemeanor for any manager or managing Employee of a licensee, or officer or Director of a corporate licensee, who is then present on the licensed Premises, to Permit any female Person, who exposes to public view any portion of her breasts below the top of the areola, to remain in or upon the licensed Premises.

(Ord. 0-1-86 § 1 (part), 1986)

Any Act made a misdemeanor by the provisions of this chapter Shall, upon conviction, be punishable by a fine of not to exceed five hundred dollars, or by imprisonment for a term not exceeding six Months, or by both such fine and imprisonment.

(Ord. 0-1-86 § 1 (part), 1986)

In addition to any other penalty provided by Law, the Violation of the provisions of this chapter Shall also constitute a Nuisance and May be abated by action by the City seeking an injunction to prohibit the further and continued Violation thereof.

(Ord. 0-1-86 § 1 (part), 1986)

It is declared that it is the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this chapter are severable and, if any thereof are held to be invalid, that Shall not affect the remainder.

(Ord. 0-1-86 § 1 (part), 1986)