§ 43.40. Topless Performers, Waitresses, etc., Obscene Manner; Prohibited.

(1)

For the purpose of this section the following terms are defined as follows:

(a)

Nude Breasts. Female breast, including the nipple or the pigmented portion adjacent thereto, otherwise defined as the areola.

(b)

Public Place. A place to which the general public has a right to resort; not necessarily a place devoted solely to the uses of the public, but a place which is in point of fact public rather than private, and shall include any motion picture theater, other theater or place used for presentation of performances, barroom, tavern, hotel, nightclub or similar establishment used for public entertainment, in which the public has an interest by nature of its effect on the safety, health, morals and welfare of the community.

(c)

Obscene Manner. The exposure of the nude female breast or breasts is obscene if its dominant theme taken as a whole appeals to the prurient interest in sex, is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value.

(2)

It shall be unlawful for any female person to expose, exhibit, display or reveal her nude breast or breasts in an obscene manner while performing any dance, performance, exhibit or any other type of entertainment, or while serving any food or beverages, in or at any public place where food or beverages are sold, offered for sale, or given away.

(Ord. of 12-13-1971, § 1; Ord. of 5-16-1977, § 1)