East Palo Alto Municipal Code Art. III Nude Waiters, Waitresses and Performers

This article is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code of the state. All words used in this article which are also 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 Penal Code.

(Prior code § 5-5.301)

As used in this article, and in Sections 318.5 and 318.6 of the Penal Code, "theater," "concert hall," or "other similar establishment which is primarily devoted to theatrical performances" means a building, playhouse, 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 or vaudeville performances or similar forms of artistic expression are presented, and where such performances are not incidental to promoting the sale of food, drink or other merchandise, and for which a city license for a theatre is in full force and effect. This definition does not supersede the provisions of Section 9.16.050.

(Prior code § 5-5.302)

Every person is guilty of a misdemeanor who exposes his or her private parts or buttocks; or employs any device or covering to simulate the private parts or pubic hair of such person, while participating in any live act, demonstration or exhibition in any public establishment, establishment open to the public, or establishment open to public view, or while serving food or drink or both to any customer.

(Prior code § 5-5.303)

Every person is guilty of a misdemeanor who permits, procures, counsels or assists any person to violate any provision of Section 9.16.070.

(Prior code § 5-5.304)

This article does not apply to:

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

B. Any act authorized or prohibited by any state statute.

(Prior code § 5-5.305)

A violation of this article is punishable as a misdemeanor.

(Prior code § 5-5.306)

(Ord. No. 334, § 24, 7-20-2010)