San Rafael Municipal Code Ch. 8.16 Obnoxious Conduct

This chapter is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this chapter which also are used in the said Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in the said Sections 318.5 and 318.6 of the Penal Code.

(Ord. 986 § 1 (part), 1970).

As used in this chapter, and in Section 318.5 and 318.6 of the Penal Code, the phrase "theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances" 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 and for which a city license for a theater is in full force and effect. This definition does not supersede the provisions of Section 8.16.010.

(Ord. 986 § 1 (part), 1970).

(a) "Encounter studio" means an establishment to which patrons or members are invited and is so arranged as to provide booths, cubicles, room or rooms, compartments or stalls wherein an entertainer provides entertainment as defined herein to patrons or members or groups of members or patrons within the aforesaid booths, cubicles, room or rooms, compartments or stalls.

(b) "Entertainment" means any act, play, review, pantomime, scene, dance act, song and dance act, poetry recitation, reading, style show or conversation while exhibiting the human body as set forth in Sections 8.16.030 and 8.16.040.

(Ord. 1135 § 1, 1974).

Every female 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, or while serving food or drink or both to any customer, or as an owner or employee of an encounter studio:

(a) Exposes any portion of either breast or 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.

(Ord. 1135 § 2, 1974: Ord. 986 § 1 (part), 1970).

Every person is guilty of a misdemeanor who:

(a) 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, or as an owner or employee of an encounter studio; or

(b) Permits, procures or assists any person to so expose himself or herself, or to employ any such device.

(Ord. 1135 § 3, 1974: Ord. 986 § 1 (part), 1970).

Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this chapter.

(Ord. 986 § 1 (part), 1970).

This chapter 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.

(Ord. 986 § 1 (part), 1970).