Chapter 9.26
REGULATED PUBLIC EXPOSURE
Sections:
9.26.020 Prohibited acts designated.
9.26.030 Facilitation of unlawful public exposure prohibited.
9.26.010 Definitions.
As used in this chapter, the following words and terms shall have the meanings set forth in this section:
A. “Exposed” means the state of being revealed, exhibiting or otherwise rendered open to public view.
B. “Person” means and includes natural persons of either sex, firms, corporations and associations of natural persons, whether acting by themselves or by a servant or employee.
C. “Public exposure” means the act of revealing, exhibiting or otherwise rendering open to public view.
D. “Public place” means any place in which the general public has a right to be present, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food or drink is served or entertainment provided.
E. “Sexual contact” means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party.
F. “Sexual intercourse” means:
1. Its ordinary meaning, and occurs upon any penetration, however slight; and
2. Also means any penetration of the vagina or anus, however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; and
3. Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another, whether such persons are of the same or opposite sex.
G. “Sexually explicit material” means any pictorial or three-dimensional material depicting sexual intercourse, masturbation, sodomy, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or emphasizing the depiction of genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition. In determining whether material is prohibited for public display by this section, such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection.
H. “Unlawful public exposure” means:
1. A public exposure of any portion of the human anus or genitals;
2. A public exposure of any portion of the female breast lower than the upper edge of the areola; or
3. A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breast, whether clothed or unclothed. (Ord. 668 § 1, 1982).
9.26.020 Prohibited acts designated.
The following acts or conduct on premises licensed under the authority of the Washington State Liquor Control Board, on premises not licensed by the Washington State Liquor Control Board and in any other public place, are prohibited:
A. To employ or use any person in the sale or service of alcoholic beverages, nonalcoholic beverages, or to allow any person in or upon the premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals;
B. To employ or use the services of or to allow any hostess or any person, including any entertainer, to mingle with the patrons while such hostess or other person or entertainer is unclothed or in such attire, costume or clothing as described in subsection (A) of this section;
C. To employ, contract with or allow any person to solicit a patron for any beverage and/or accept any beverage from a patron in or upon the premises and to receive therefor, either directly or indirectly, any commission, remuneration or compensation;
D. To employ or contract with any person or to allow any person for the purpose of having such person dance with a patron or for the purpose of having such person spend time with a patron in or upon the premises and for which said person is to receive, either directly or indirectly, any commission, remuneration or compensation;
E. To permit any dancer-entertainer or permit any person to perform on the premises, except when removed at least six feet from the nearest patron and except when on a permanent stage at least 18 inches high;
F. To encourage or permit any person on the premises to touch, caress or fondle the breast, buttocks, anus or genitals of any other person;
G. To permit any employee or any person to wear or use any device or covering, exposed to view, which stimulates the breast, genitals, anus, pubic hair or any portion thereof;
H. To permit any person to perform acts of or acts which simulate:
1. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law,
2. The touching, caressing or fondling of the breast, buttocks, anus or genitals,
3. The displaying of the pubic hair, anus, vulva or genitals;
I. To permit entertainers or any other person whose breasts and/or buttocks are exposed to perform anywhere on the premises;
J. To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above;
K. To permit any person to remain in or upon the premises who exposes to the public view any portion of his or her genitals or anus. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 668 § 2, 1982).
9.26.030 Facilitation of unlawful public exposure prohibited.
Any person, firm or corporation who commits, attempts to commit, conspires to commit, or aids and abets in the commission of any act which is in violation of the provisions of this chapter, whether individually in connection with one or more persons and whether as principal, agent or accessory, or who falsely, fraudulently, forcefully or wilfully induces, causes, coerces, requires, permits or directs others to commit such violation, shall be deemed guilty of a misdemeanor. (Ord. 668 § 3, 1982).
9.26.040 Violation – Penalty.
Any knowing violation of the provisions of this chapter or any knowing failure to comply with the requirements of this chapter shall be a misdemeanor (Ord. 1777 § 1 (Exh. A), 2012; Ord. 842 § 8, 1986; Ord. 668 § 4, 1982).