San Francisco County Municipal Code Art. 15.3 Prohibiting Nude Performers, Waiters and Waitresses

Sec. 1071. Definition. Sec. 1071.1. Regulating Public Nudity in Restaurants and Public Seating Areas. Sec. 1071.2. Employment or Payment Not Necessary For Offense. Sec. 1071.3. Counseling or Assisting. Sec. 1071.4. Exceptions. Sec. 1071.5. Severability. Sec. 1071.6. Penalty.

SEC. 1071. DEFINITION. For the purpose of this Article, the following words and phrases shall mean and include: (a) Theater. A building, playhouse, room, hall or other place having a permanent stage upon which movable scenery and theatrical or vaudeville or similar performances are given, with permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, whose primary function is to give such performance. (Added by Ord. 260-73, App. 7/5/73)

AREAS. (a) Waiters, Waitresses, and Entertainers. 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, including but not limited to, alcoholic beverages; (1) exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or (2) exposes or employs any device, costume or cover which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or (3) exposes any portion of the female breast at or below the areola thereof; or (4) employs any device or covering which is intended to simulate such portion of the breast. (b) Members of the Public in Restaurants and on Public Seating. Except as provided herein, every person is guilty of an infraction who, (1) while present as a customer in the public eating and drinking areas of an establishment whose primary business is to serve food, exposes his or her genitals, buttocks, or anal region; or (2) sits on any public bench, public steps, or other public seating area without clothing or other separate material as a barrier between his or her genitals, buttocks, or anal region and the public seating. Any person who violates this Section 1071.1(b) shall be deemed guilty of an infraction and upon conviction thereof such person shall be punished by a fine not to exceed one hundred dollars ($100) for a first violation, and not to exceed two hundred dollars ($200) for a second violation of this Section 1071.1(b) within a twelve-month period. Upon the third or subsequent conviction within a twelve-month period, such person shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed one year or by both such fine and imprisonment. This Section 1071.1(b) shall not apply to children under the age of sixteen years. (Added by Ord. 260-73, App. 7/5/73; amended by Ord. 219-11, File No. 110967, App. 11/15/2011, Eff. 12/15/2011)

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. (Added by Ord. 260-73, App. 7/5/73)

Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this Article. (Added by Ord. 260-73, App. 7/5/73)

This Article does not apply to: (a) a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances; (b) any act authorized or prohibited by any state statute; (c) entertainment as defined in Section 1060, Article 15.1 of this Code, and as regulated by Section 1060.9.1 of said Code. (Added by Ord. 260-73, App. 7/5/73; amended by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article, or application thereof to any person or circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 260-73, App. 7/5/73)

A violation of this Article is punishable by a fine not exceeding $500 or by imprisonment in the County Jail for not exceeding six months, or by both such fine and imprisonment. (Added by Ord. 260-73, App. 7/5/73)