Santa Ana Municipal Code § 12-2 Counseling or assisting

Footnotes:

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Editor's note— Ord. No. NS-1662, §§ 1—5, enacted Dec. 20, 1982, amended Art. I, §§ 12-1, 12-3 and 12-4 to read as herein set out, and repealed former §§ 12-5 and 12-6. Prior to the enactment of said Ord. No. 1662, such sections were derived from Ord. No. NS-1166, § 2, adopted June 4, 1973, and Ord. No. NS-1174, § 1, adopted July 2, 1973.

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

(a) Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

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

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

(Ord. No. NS-1662, § 1, 12-20-82)

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 12-1.

(Ord. No. NS-1166, § 2, 6-4-73)

For purposes of section 12-1, 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.

(Ord. No. NS-1662, § 2, 12-20-82)

The provisions of sections 12-1 through and including section 12-3 shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances.

As used in this article, and in Sections 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" shall mean 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 alcoholic beverages is clearly incidental to such performances, and where the revenue derived from the sale of alcoholic beverages is insubstantial when compared to all other sources of gross revenue.

(Ord. No. NS-1662, § 3, 12-20-82)

The sections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional, invalid, illegal or unenforceable for any reason, by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity, illegality or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this chapter.

(Ord. No. NS-1166, § 3, 6-4-73)