West Covina Municipal Code Art. VI Unlawful Exposure of Private Parts and Female Breasts

This article is adopted pursuant to sections 318.5 and 318.6 of the California Penal Code.

(Code 1960, § 4700(a); Ord. No. 1408, § 1, 10-9-78)

This article is necessary for the preservation of the public peace, health, morals and safety in that the city council does hereby find that there exists in this city an increasing trend toward nude and semi-nude acts, exhibitions and entertainment, and/or undress by female employees of food, drink and like establishments serving the public, and that such competitive commercial exploitation of nudity is adverse to the public peace, health, morals and safety.

(Code 1960, § 4700(b); Ord. No. 1408, § 1, 10-9-78)

(a) All words used in this article which are also used in sections 318.5 and 318.6 of the California Penal Code are used in the same sense and mean the same as those words as used in such Penal Code sections.

(b) As used in this article, "theater" means a building, playhouse, room, hall or other place having a permanent stage upon which moveable scenery and theatrical or vaudeville or similar performances are given and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, and for which a municipal license for a theater is in full force and effect. This definition does not supersede the provisions of paragraph (a) of this section.

(Code 1960, § 4700(c); Ord. No. 1408, § 1, 10-9-78)

Every person is guilty of a misdemeanor who, while acting as a waiter, waitress, or in any other employment capacity wherein food and/or beverages are handled or served in an establishment which serves food, beverages or food and beverages, including but not limited to alcoholic beverages, for consumption on the premises of such establishment:

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

(2) Wears any device, costume or covering which exposes, or reveals, as by its non-opaque nature, or gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

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

(Code 1960, § 4701.1; Ord. No. 1408, § 1, 10-9-78; Ord. No. 1935, § 1, 4-19-94)

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 15-124.

(Code 1960, § 4701.1; Ord. No. 1408, § 1, 10-9-78)

A person shall be deemed to be a waiter, waitress, or other employee who handles or serves food and/or beverages if such person acts in that capacity without regard to whether or not such person is paid any compensation for that purpose by the management of the establishment in which the activity is performed.

(Code 1960, § 4701.2; Ord. No. 1408, § 1, 10-9-78; Ord. No. 1935, § 2, 4-19-94)

Editor's note— Ord. No. 1935, § 3, adopted April 19, 1994, repealed former section 15-127 in its entirety which pertained to exposure by performers in public and derived from the Code of 1960, § 4702 and Ord. No. 1408, § 1, adopted Oct. 9, 1978.

Editor's note— Ord. No. 1935, § 3, adopted April 19, 1994, repealed former section 15-128 in its entirety which pertained to counseling or assisting exposure and derived from the Code of 1960, § 4702.1; Ord. No. 1408, § 1, adopted Oct. 9, 1978.

Editor's note— Ord. No. 1935, § 3, adopted April 19, 1994, repealed former section 15-129 in its entirety which pertained to an exemption for theatrical establishments and derived from the Code of 1960, section 4703 and Ord. No. 1408, § 1, adopted Oct. 9, 1978.