§ 33.17. Possession, Consumption, Purchase, Sale, Dispensing or Giving Away of Alcoholic Beverages Prohibited on Premises of Certain Commercial Establishments.

(1)

For the purposes of this section, the following definitions shall apply:

(a)

Areola. The term "areola" shall mean the circular colored area which surrounds the nipple of a human female breast.

(b)

At or Below the Areola. The term "at or below the areola" shall mean the areola, the nipple of a human female breast, or that area of a human female breast below the areola thereof.

(c)

Commercial Establishment. The term "commercial establishment" shall mean any establishment which operates for pecuniary gain.

(d)

Lap. The term "lap" shall mean the area between a person's knees and his or her waist.

(e)

Patron. The term "patron" shall mean any person who is physically present on the premises of a commercial establishment and who is not an owner, employee, agent or subcontractor of said establishment or an entertainer or performer at said establishment.

(f)

Premises. The term "premises" shall mean a building that is under one roof or has common entrances and the area immediately surrounding the building.

(g)

Touching. The term "touching" shall include any form of intentional, interpersonal, physical, bodily contact, whether or not exposed or unclothed parts of the body are involved.

(2)

It shall be unlawful for any person to possess, consume, purchase, sell, dispense, or give away alcoholic beverages on the premises of any commercial establishment where such person knows or has reason to believe that:

(a)

any person is engaging in the actual or simulated display of his or her genitals, pubic hair, pubic area, vulva, buttocks or anus to public view; or

(b)

any female is engaging in the actual or simulated display of the area of her breast at or below the areola to public view; or

(c)

within the past two hours, any person has engaged in the actual or simulated display of his or her genitals, pubic hair, pubic area, vulva, buttocks or anus to public view; or

(d)

within the past two hours, any female has engaged in the actual or simulated display of the area of her breast at or below the areola to public view;

(e)

any employee of or entertainer or performer at said establishment is sitting on or in or otherwise occupying the lap of any patron of said establishment; or

(f)

any employee of or entertainer or performer at said establishment is touching the clothed or unclothed breast of any female patron; or

(g)

any employee of or entertainer or performer at said establishment is touching the clothed or unclothed body of any patron at any point below the waist and above the knee of said patron; or

(h)

within the past two hours, any employee, entertainer or performer has sat on or in or otherwise occupied the lap of any patron of said establishment; or

(i)

within the past two hours, any employee, entertainer or performer has touched the clothed or unclothed breast of any female patron; or

(j)

within the past two hours, any employee, entertainer or performer has touched the clothed or unclothed body of any patron at any point below the waist and above the knee of said patron; or

(k)

any patron of said establishment is sitting on or in or otherwise occupying the lap of any owner, employee, agent or subcontractor of said establishment or of any entertainer or performer at said establishment; or

(l)

any patron of said establishment is touching the clothed or unclothed breast of any female owner, employee, agent or subcontractor of said establishment or of any female entertainer or performer at said establishment; or

(m)

any patron of said establishment is touching the clothed or unclothed body of any owner, employee, agent, subcontractor, entertainer or performer below the waist and above the knee of said owner, employee, agent, subcontractor, entertainer or performer; or

(n)

within the past two hours, any patron of said establishment has sat on or in or otherwise occupied the lap of any owner, employee, agent or subcontractor of said establishment or of any entertainer or performer at said establishment; or

(o)

within the past two hours, any patron of said establishment has touched the clothed or unclothed breast of any female owner, employee, agent or subcontractor of said establishment or of any female entertainer or performer at said establishment; or

(p)

within the past two hours, any patron of said establishment has touched the clothed or unclothed body of any owner, employee, agent, subcontractor, entertainer or performer below the waist and above the knee of said owner, employee, agent, subcontractor, entertainer or performer.

(3)

The following presumptions shall apply to this section:

(a)

Any establishment which has received an occupational license to operate commercially is presumed to be a commercial establishment.

(b)

Any person who enters a commercial establishment which displays on the premises, by sign or otherwise, advertisement that reasonably indicates that nude or semi-nude activity takes place at the establishment is presumed to be aware that the activity defined in Subsection (2) above is taking place in the establishment.

(4)

Any person violating any of the provisions of this section shall, upon conviction, be punished as provided in Section 1.08 of this Code.

(Ord. of 4-5-1982, Doc. #16891)