Los Gatos Municipal Code Art. IV Nude Waiters, Waitresses and Entertainers

The Town Council, duly assembled, has received evidence concerning the police and other problems created by nude performances conducted outside of a theatre, concert hall or other similar establishment which is primarily devoted to theatrical performances, in public places or places open to the public, or places open to view; and finds that police problems occur as a result thereof which substantially increase the load of work upon law enforcement agencies, provide greater opportunity for lewd conduct, result in the causation of nuisances and disturbances to owners or occupants of surrounding properties and adversely affect the general welfare.

(Code 1968, § 4-35)

This article is adopted pursuant to the provisions of Penal Code sections 318.5 and 318.6. All words used in this article which are also used in such sections are used in the same sense and mean the same as the same respective words used in such sections.

(Code 1968, § 4-36)

(a) Every person, with or without compensation, who acts as a waiter, waitress or entertainer in any establishment which serves food, beverages, or food and beverages, including but not limited to alcoholic beverages, for consumption on the premises of such establishment and performs such activity in the nude, is guilty of an infraction.

(b) "Nude" as used in this section means the uncovered or less than opaquely covered:

(1) Male or female genitals;

(2) Pubic areas;

(3) Buttocks;

(4) Female breast below a point immediately above the top of the nipple; or

(5) Female breast with only the nipple and areola covered.

(c) The provisions of this section shall not apply to a theatre, concert hall or similar establishment which is primarily devoted to theatrical performances.

(Code 1968, § 4-37)

Any person who employs, procures, permits or assists any person to engage in conduct prohibited by section 3.40.020 is guilty of a violation of the Town Code.

(Code 1968, § 4-38; Ord. No. 2026, § III, 2-18-97)

In addition to any other remedy provided or authorized by law, the violation of this article may be abated by civil suit through an application for a temporary or permanent injunctive relief.

(Code 1968, § 4-39)