San Jose Municipal Code Part 4 Nude Displays in Public Places

Footnotes:

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State Law reference— For statutory provisions authorizing cities to regulate indecent exposure by waiters, waitresses and performers, see Penal Code § 318.5 and 318.6.

As used in this chapter, "theater, concert hall or similar establishment" means 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.

(Prior code § 4503.)

No female person shall, while participating in any live act, demonstration or exhibition, in any place open to the public or open to public view, or while serving food or drink to any customer in such public place:

A. Expose any portion of either breast below a straight line so drawn that both nipples and 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. Employ any device or covering, which is intended to simulate such portions of the breast; or

C. Wear any type of clothing so that any portion of such part of the breast may be observed.

(Prior code § 4500.)

No male or female person shall, while participating in any live act, demonstration or exhibition, in any place open to the public or open to public view, or while serving food or drink to any customer in such public place:

A. Expose his or her private parts or buttocks, or employ any device or covering which is intended to stimulate the private parts or pubic hair of such person;

B. Permit, procure or assist any person to so expose himself or herself, or to employ any such device.

(Prior code § 4501.)

No person shall permit, counsel or assist any person to violate any provision of this chapter.

(Prior code § 4502.)

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

(Prior code § 4503.)