Ventura Municipal Code Ch. 10.50 Indecent Exposure

This chapter is adopted pursuant to the legislative authorization of Sections 318.5 and 318.6 of the California Penal Code. All words used in this chapter which are used in Sections 318.5 and 318.6 are used in the same sense and shall have the same meaning as used therein. (Code 1971, § 6171)

As used in this chapter, except insofar as inconsistent with the valid scope of Sections 318.5 and 318.6 of the California Penal Code, in which case the definitions and meanings given to the terms utilized therein shall control, 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:

A. Having seats so arranged that a body of spectators have an unobstructed view of the stage, upon which theatrical or vaudeville or similar performances are given;

B. In which the serving of alcoholic beverages is clearly incidental and/or immaterial to such performances, and where the gross revenue derived from the sale of alcoholic beverages is insubstantial and/or immaterial when compared to revenue derived from all other sources of gross revenue; and

C. Having a stage which is at least 18 inches above the surface on which the nearest spectator seats are placed and at least five feet from the nearest spectator.

In calculating gross revenue derived from the sale of alcoholic beverages, the reasonable value of any alcoholic beverages which a spectator is entitled to consume as a result of the purchase of a ticket or payment of consideration to see a theatrical performance shall be subtracted from the gross revenue derived from theatrical performances and added to the revenue derived from the sale of alcoholic beverages. (Code 1971, § 6172)

No person who acts as a waiter, waitress, or entertainer, including model, mannequin, or attendant, whether for compensation or otherwise, in any establishment which serves alcoholic beverages or food and alcoholic beverages for consumption on the premises of such establishment, shall, while acting in any such capacity:

A. Expose, in any public place, place open to the public, or place open to public view, their genitals, pubic hair, buttocks, natal cleft, perineum, anal region, or pubic hair region; or

B. Expose, in any public place, place open to the public, or place open to public view, 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. In the case of a female, expose to public view any portion of either breast at or below the areola thereof. (Code 1971, § 6173)

In any establishment serving alcoholic beverages for consumption on the premises, no person shall, while participating in any live act, demonstration, or exhibition in any public place, place open to the public, or place open to public view, whether for compensation or otherwise:

A. Expose their genitals, pubic hair, buttocks, natal cleft, perineum, anal region, or pubic hair region; or

B. Expose 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. In the case of a female, expose any portion of either breast at or below the areola thereof. (Code 1971, § 6174)

No person who acts as a waiter, waitress, or entertainer, including model, mannequin, or attendant, whether for compensation or otherwise, in any establishment which serves food, beverages, or food and beverages, for consumption on the premises of such establishment, shall, while acting in any such capacity:

A. Expose, in any public place, place open to the public, or place open to public view, their genitals, pubic hair, buttocks, natal cleft, perineum, anal region, or pubic hair region; or

B. Expose, in any public place, place open to the public, or place open to public view, 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. In the case of a female, expose to public view any portion of either breast at or below the areola thereof.

This section shall not apply to constitutionally protected nude or partially nude dancing. (Code 1971, § 6175)

No person shall, while participating in any live act, demonstration, or exhibition in any public place, place open to the public, or place open to public view, whether for compensation or otherwise:

A. Expose their genitals, pubic hair, buttocks, natal cleft, perineum, anal region, or pubic hair region; or

B. Expose 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. In the case of a female, expose any portion of either breast at or below the areola thereof.

This section shall not apply to constitutionally protected nude or partially nude dancing. (Code 1971, § 6176)

This chapter shall not apply to:

A. A theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances.

B. Any act expressly authorized or prohibited by any state statute. (Code 1971, § 6177)

Every person who violates any provision of this chapter or who causes, permits, procures, assists, aids, or abets any person to violate or be in violation of any provision of this chapter is guilty of a misdemeanor. (Code 1971, § 6178)