CHAPTER 12. REGULATION OF CONDUCT BY WAITERS, WAITRESSES, ENTERTAINERS, AND OTHER PUBLIC PERFORMERS

4-12.01 Prohibition of Topless and Bottomless Waiters, Waitresses and Entertainers.

No person, while acting as a waiter, waitress or entertainer on premises where alcoholic beverages are sold, shall:

a. expose his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region;

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. expose any portion of the female breast at or below the areola; more specifically, 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. Tassels, pasties, stars or transparent material are not acceptable coverage. (§1, Ord. 1188, eff. 8/24/73; and by §6, Ord. 1821, eff. 6/17/93)

4-12.02 Counseling or Assisting.

No person shall cause, permit, procure, counsel or assist a person to expose or simulate the exposure prohibited in §4-12.01 of this Code. (§1, Ord. 1188, eff. 8/24/73; and by §6, Ord. 1821, eff. 6/17/93)

4-12.03 Employment or Payment Not Necessary for Offense.

A person is considered a waiter, waitress or entertainer if he or she acts in that capacity without regard to whether or not he or she is entitled to compensation by the management of the establishment in which the activity is performed. (§1, Ord. 1188, eff. 8/24/73; and by §6, Ord. 1821, eff. 6/17/93)

4-12.04 Penalty.

Any person who violates any provision of this chapter shall be guilty of a misdemeanor or an infraction.

a. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in section 1-2.01 of this Code.

b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or a fine not exceeding $1,000 or by both such fine and imprisonment. (§1, Ord. 1188, eff. 8/24/73; and by §6, Ord. 1821, eff. 6/17/93)