Fairfield Municipal Code § 12.6 Handbills, posters, etc. - Distributing and scattering

(a) Authority for adoption. This section is adopted pursuant to sections 318.5 and 318.6 of the penal code. All words used in this section which also are used in such 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.

(b) "Theater" defined. As used in this section and in sections 318.5 and 318.6 of the penal code, the phrase "theater, concert hall or other similar establishment which is primarily devoted to theatrical performances" shall mean a building, playhouse, 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 or vaudeville or similar performances are given, and in which the serving of food and/or beverages is clearly incidental to such performances, and for which a city license for a theater is in full force and effect. This definition does not supersede the provisions of subsection (a) of this section.

(c) Prohibition against the display of female breasts. Every female is guilty of a misdemeanor who, while participating in any live act, demonstration, or exhibition, or while serving food or drink or both to any customer in any premises with an on-sale liquor license:

(1) Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a difference pigmentation than that of the main portion of the breasts are below such straight line, or

(2) Employs any devise or covering, which is intended to simulate such portions of the breast, or

(3) Wears any type of clothing so that any portion of such part of the breast may be observed.

(d) Prohibition against display of private parts. Every person is guilty of a misdemeanor who:

(1) Exposes his or her private parts or buttocks, or employs any device or covering which is intended to simulate the private parts or pubic hair of such person, while participating in any live act, demonstration, or exhibition, or while serving food or drink on premises with an on-sale liquor license, or

(2) Permits, procures, or assists any person to so expose himself or herself, or to employ any such device.

(e) Accessories. Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provisions of this section.

(f) Exceptions. This section does not apply to:

(1) A theater, concert hall or similar establishment which is primarily devoted to theatrical performance.

(2) Any act authorized or prohibited by any state statute.

(Ord. No. 73-15, § 1-6; Ord. No. 84-31, § 1)