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HomeMy WebLinkAboutOrd 890-1982ORDINANCE NO. 890-82 AN ORDINANCE ADDING CHAPTER 10.10 ENTITLED "REGULATIONS PROHIBITING CERTAIN EXPOSURES OF THE HUMAN BODY" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE FOLLOWS: THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS SECTION 1. ADDITION OF CHAPTER 10.10. Chapter 10.10 is hereby added to the South San Francisco Municipal Code and shall read as follows: Code. "Chapter 10.10 REGULATIONS PROHIBITING CERTAIN EXPOSURES OF THE HUMAN BODY Sections: lO.lO.OlO lO.lO.020 10. l0.030 10.10.040 lO.lO.050 lO.lO.060 lO.lO.070 Legislative Authorization. Definitions. Certain Exposures by Waiters, Waitresses or Entertainers Prohibited. Employment or Payment Not Necessary. Counseling or Assisting. Exemption of Theatrical Establishments. Violations of Provisions: Nuisances. lO.lO.OlO. LEGISLATIVE AUTHORIZATION. This Chapter is adopted pursuant to Sections 318.5 and 318.6 of the Penal lO.lO.020. DEFINITIONS. For the purpose of this Chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section. A. "Establishment" means any bar, restaurant, cabaret,nightclub or similar establishment having a fixed place of business which, as a regular feature CENTRAL RECORDS of such business, serves alcoholic beverages for consumption on the premises. Such definition includes any reception hall, dance hall or similar place which can be rented for special parties or occasions and for which a license by the State for the consumption of alcoholic beverages on the premises must be obtained as set forth in the Business and Professions Code Section 23000 et seq. B. The phrase "theater, concert hall, or 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 performances are held and are not incidental to the promotion and sale of alcoholic beverages or other merchandise, and for which a city business license is in full force and effect. 10.10.030. CERTAIN EXPOSURES BY WAITERS, WAITRESSES OR ENTERTAINERS PROHIBITED. 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 appear- ance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic region; or (c) Exposes any portion of the female breast at or below the areola thereof. 10.10.040. EMPLOYMENT OR PAYMENT NOT NECESSARY. A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard of whether or not such person is paid C~,~TRAL ~ECORDS ~LE ~I0,: '-~''''''''~'''''' ..... any compensation by the management of the establishment in which the activity is performed. 10.10.050. COUNSELING OR ASSISTING. 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 10.10.030 herein. 10.10.060. EXEMPTION OF THEATRICAL ESTABLISHMENTS. The provisions of Sections 10.10.030 and 10.10.050 shall not apply to a theater, concert hall or similar establishment which is primarily devoted to theatrical performances. 10.10.070. VIOLATIONS OF PROVISIONS: NUISANCES. In addition to any other penalty provided by law, the violation of the provisions of this Chapter shall also constitute a nuisance and may be abated by an action by the City seeking an injunction to prohibit the further and continued violation thereof." SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, ~sentences, clauses or phrases be de- clared unconstitutional. SECTION 3. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the "Enterprise-Journal", a newspaper of general circulation in the City of South San Francisco, as required by e law, and shall become effective thirty (30) days from and after its adoption. Introduced this 3rd day of February , 1982. Passed and adopted as an Ordinance of the City of South San Francisco at a regular South San Francisco this vote: 17th meeting of the City Council of the City of day of February , 1982, by the following AYES: NOES: ABSENT: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teqlia None None ATTEST: ~City Cler~k~ As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 17thday of February , 1982.