Vallejo Municipal Code Ch. 7.74 Certain Nude and Seminude Conduct Prohibited

The city council does find that there exists and has existed an increasing trend toward nude and seminude live acts, exhibitions and entertainment, and of undress by female employees in food, drink and like establishments serving the public, and that such competitive, commercial exploitation of nudity is adverse to the public peace, morals and good order, and that it is in the best interest of the public safety, welfare and convenience of the city to strict such nudity, and the commercial promotion and exploitation thereof, as hereinafter set forth.

Sections 7.74.010 through 7.74.060, inclusive, are adopted pursuant to the provisions of Sections 318.5 and 318.6 of the Penal Code of the state of California. All words in these sections which also are used in Sections 318.5 and 318.6 of the Penal Code are used in the a sense and mean the same as the same respective words used in Sections 318.5 and 318.6 of the Penal Code.

(Ord. 203 N.C. (2d) § 1 (part), 1973.)

As used in Sections 7.74.030 through 7.74.060, inclusive, 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" means a building, playhouse, room, hall, or other place having a permanent stage and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, upon which theatrical or vaudeville performances or similar forms of artistic expression are presented, and where such performances are not incidental to the promoting of the sale of food, drink or other merchandise, and for which a city license for a theater is in full force and effect. This definition does not supersede the provisions of Section 7.74.010.

(Ord. 203 N.C. (2d) § 1 (part), 1973.)

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:

A. Exposes any portion of either breast 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 sight 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 breasts may be observed.

(Ord. 203 N.C. (2d) § 1 (part), 1973.)

Every person is guilty of a misdemeanor who 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.

(Ord. 203 N.C. (2d) § 1 (part), 1973.)

Every person is guilty of a misdemeanor who permits, procures, counsels, or assists any person to violate any provision of Sections 7.74.030 or 7.74.040.

(Ord. 203 N.C. (2d) § 1 (part), 1973.)

Sections 7.74.030 through 7.74.050, inclusive, do 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 statute of the state of California.

(Ord. 203 N.C. (2d) § 1 (part), 1973.)