Huntington Park Municipal Code Ch. 23 Exposure by Waiters, Waitresses, Entertainers, and Performers

The Council does hereby find that there exists in the City an increasing trend toward nude and semi-nude acts, exhibitions, and entertainment and of undress by female employees of food, drink, and like establishments serving the public; and that such acts and such competitive commercial exploitation of nudity are adverse to the public peace, morals, and good order; and that it is in the best interests of the public safety and convenience of the City to restrict such nudity and the commercial promotion and exploitation thereof as set forth in this chapter.

All words used in this chapter which are also used in Sections 318.5 and 318.6 of the Penal Code of the State 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.

(§ 1, Emergency Ord. 84-NS, eff. May 7, 1973; reenacted by § 1, Ord. 86-NS, eff. July 4, 1973)

As used in Sections 5-23.03 through 5-23.06 of 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" 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 performances or similar forms of artistic expression are presented, and where such performances are not incidental to the promoting of the sale of food, drink, or other merchandise, and for which a City business license and permit for a theater are in full force and effect. This definition shall not supersede the provisions of Section 5-23.01 of this chapter.

(§ 1, Emergency Ord. 84-NS, eff. May 7, 1973; reenacted by § 1, Ord. 86-NS, eff. July 4, 1973)

Every female shall be 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 while serving food or drink, or both, to any customer:

(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.

(§ 1, Emergency Ord. 84-NS, eff. May 7, 1973; reenacted by § 1, Ord. 86-NS, eff. July 4, 1973)

Every person shall be guilty of a misdemeanor who 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 in any public place, place open to the public, or place open to public view or while serving food or drink, or both, to any customer.

(§ 1, Emergency Ord. 84-NS, eff. May 7, 1973; reenacted by § 1, Ord. 86-NS, eff. July 4, 1973)

Every person shall be guilty of a misdemeanor who permits, procures, counsels, or assists any person to violate any provision of Sections 5-23.03 or 5-23.04 of this chapter.

(§ 1, Emergency Ord. 84-NS, eff. May 7, 1973; reenacted by § 1, Ord. 86-NS, eff. July 4, 1973)

The provisions of Sections 5-23.03 through 5-23.05, inclusive, of this chapter shall 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.

(§ 1, Emergency Ord. 84-NS, eff. May 7, 1973; reenacted by § 1, Ord. 86-NS, eff. July 4, 1973)

A person shall be deemed to be a waiter, waitress, or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.

(§ 1, Emergency Ord. 84-NS, eff. May 7, 1973; reenacted by § 1, Ord. 86-NS, eff. July 4, 1973)