Article I — Waitresses and Entertainers

As to restaurants generally, see Ch. 27 of this code.

§ 14-1. Definitions. [Ord. No. 537, §§ 2, 3.]

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

• (a) ENTERTAINER — Means any person who entertains in an establishment which has as its business, in whole or in part, the service of food, beverages or food and beverages, including but not limited to alcoholic beverages, whether or not the owner of such establishment in which such activity is performed employs or pays any compensation to such person to perform such activity.

• (b) WAITER OR WAITRESS — Means any person who serves food, beverages or food and beverages, including but not limited to alcoholic beverages, in an establishment, which has as its business, in whole or in part, the service of such food or beverages, whether or not the owner of such establishment in which such activity is performed employs or pays any compensation to such person to perform such activity.

§ 14-2. Intent of article. [Ord. No. 537, § 1.]

The city council finds and declares that this article is necessary to effectuate the health and safety of the public. It is the intention of the city council in enacting this article to eliminate any conditions conducive to the spread of disease and creation of health hazards which may arise as a result of the unclad exposure of the human body while in close proximity to food or beverages or food and beverages.

§ 14-3. Attire and cleanliness of waiters or waitresses. [Ord. No. 537, § 4.]

A person acting in the capacity of a waiter or waitress shall wear a clean washable outer garment or other clean uniform over his or her torso, as the case may be, so that the outer garment or uniform (a) shall be worn completely (1) over the torso from the clavicle (collarbone) measured from the inner end at the point where it joins the sternum (breastbone) to at least twelve inches below the pelvis measured from the lowest point of the pubic bone, and (2) over the shoulders and around the arms extending downward on the arms not less than six inches below the clavicle measured from the outer end of the clavicle at the point it joins the scapula (shoulder blade); and (b) shall be sufficient, as determined by the health officer of the city, to provide a shield from the food or beverage, against the portion of the body over which it is worn. A person working in the capacity of a waiter or waitress shall keep clean all parts of the body which are unclothed.

§ 14-4. Attire and cleanliness of entertainers. [Ord. No. 537, § 5.]

A person, acting in the capacity of an entertainer, while in an area which is ordinarily used to serve food, beverages or food and beverages, including, but not limited to, alcoholic beverages, shall wear a clean washable outer garment or other clean uniform over his torso so that the outer garment or uniform (a) shall be worn completely (1) over the torso from the clavicle (collarbone) measured from the inner end at the point where it joins the sternum (breastbone) to at least twelve inches between the pelvis measured from the lowest point of the pubic bone, and (2) over the shoulders and around the arms extending downward on the arms not less than six inches below the clavicle measured from the outer end of the clavicle at the point it joins the scapula (shoulder blade); and (b) shall be sufficient, as determined by the health officer

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of the city, to provide a shield from the food or beverage, against the portion of the body over which it is worn. A person working in the capacity of an entertainer while in an area which is ordinarily used to serve food, beverages or food and beverages, including, but not limited to, alcoholic beverages, shall keep clean all parts of the body which are unclothed.

§ 14-5. Prohibitions – Definitions – Waiters, waitresses, entertainers. [Ord. No. 720, § 1 (part), 1978.]

Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or entertainer in an establishment which serves food, beverages or food and beverages, for consumption on the premises of such establishment:

• (a) Exposes his or her genitals, pubic hair, buttocks or pubic hair region; or

• (b) Exposes any device, costume or covering which give the appearance of or simulates the genitals, pubic hair, buttocks or pubic hair region; or

• (c) Exposes any portion of the female breast at or below the areola thereof.

§ 14-6. Counseling or assisting – Waiters, waitresses, entertainers. [Ord. No. 720, § 1 (part), 1978.]

Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in Section 14-5.

§ 14-7. Prohibitions – Definitions – Public performance. [Ord. No. 720, § 1 (part), 1978.]

Every person is 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:

• (a) Exposes his or her genitals, pubic hair, buttocks or pubic hair region; or

• (b) Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks or pubic hair region; or

• (c) Exposes any portion of the female breast at or below the areola thereof.

§ 14-8. Counseling or assisting – Public performance. [Ord. No. 720, § 1 (part), 1978.]

Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in Section 14-7.

§ 14-9. Exemption of theatrical establishments. [Ord. No. 720, § 1 (part), 1978.]

The provisions of this chapter shall not apply to a theater, concert hall or similar establishment which is primarily devoted to theatrical performances.

§ 14-10. Prohibited businesses. [Ord. No. 720, § 1 (part), 1978; Ord. No. 750, § 1, 1979.]

The following adult entertainment businesses are prohibited in the city:

• (a) Nude encounter studios;

• (b) Nude theaters;

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• (c) Peep shows;

• (d) Nude or adult art or photography studios;

• (e) Nude wrestling centers;

• (f) Adult book stores;

• (g) Any business, use of land or occupation similar or related to those listed in subsections (a) through (f).

• (h) Moving picture theaters which show films denominated as "X-rated" and which depict genital, anal, and oral copulation between persons of the opposite sex, or the same sex, or sexual acts between human beings and animals.

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