Chapter 9.48
TOPLESS WAITRESSES
Sections:
9.48.010 Legislative authorization.
9.48.010 Legislative authorization.
This chapter is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this chapter which also are used in Sections 318.5 and 318.6 of the Penal Code are used in the same sense and mean the same as the same respective words used in Sections 318.5 and 318.6 of the Penal Code. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1055 § 1, 1969].
9.48.020 Theater defined.
As used in this chapter and in Sections 318.5 and 318.6 of the Penal Code, “theater” means a building, playhouse, room, hall or other place having a permanent stage upon which movable 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 city license for a theater is in full force and effect. This definition does not supersede the provisions of RCMC 9.48.010. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1055 § 2, 1969].
9.48.030 Prohibition.
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 straight line; or
B. Employs any device or covering which is intended to simulate such portion of the breast; or
C. Wears any type of clothing so that any portion of such part of the breast may be observed. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1055 § 3, 1969].
9.48.040 Accessories.
Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1055 § 4, 1969].
9.48.050 Exceptions.
This chapter does 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 state statute. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1055 § 5, 1969].
9.48.060 Operative date.
This chapter shall become operative on the latest of the following dates:
A. The effective date of Chapter 1534, Statutes of 1969;
B. The effective date of Chapter 1535, Statutes of 1969;
C. November 19, 1965. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1055 § 8, 1969].