§ 6-193. Disturbance of the peace, obscenity or public indecency prohibited.

(a)

It shall be unlawful to permit any disturbance of the peace, obscenity or public indecency on such premises licensed to sell alcohol by the drink or otherwise licensed to sell alcoholic beverages.

(b)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Alcoholic beverages establishment means any restaurant, lounge or supper club holding a license under this chapter for the sale of alcoholic beverages for consumption on premises.

(2)

Substantially nude means dressed or undressed in a manner so as to plainly expose to view any portion of a male's or female's pubic hair, anus, cleft of the buttocks, vulva, or genitals, or any portion of the breasts below the top of the areola.

(c)

No person shall appear substantially nude in any alcoholic beverage establishment, and no owner or manager of an alcoholic beverage establishment shall permit any person to appear substantially nude on the licensed premises.

(d)

No owner or manager of an alcoholic beverage establishment shall permit any person to perform acts of or acts which constitute or simulate:

(1)

Sexual intercourse, masturbation, sodomy, bestiality, oral copulation or any sexual acts which are prohibited by law.

(2)

The touching, caressing or fondling of the breasts, buttocks, anus or genitals, provided that random acts of patrons or employees, whose actions do not constitute actions taken pursuant to encouragement or acquiescence of the management of the establishment and are not for the purposes of entertainment, promotion, publicity, or notoriety shall not constitute violations of this section.

(e)

No person shall engage in any of the acts identified in subsection (d)(2) on the premises of an alcoholic beverage establishment.

(f)

It shall be unlawful to permit on the premises so licensed any contest or form of entertainment which consists of wetting or soaking of the upper torso of a female or the pelvic areas of a male or female.

(g)

The restrictions of subsection (d)(2) shall apply to all persons physically present on the licensed premises regardless of whether such persons are categorized as employees, patrons, independent contractors or otherwise.

(h)

In addition to prosecution of any person for violation of this section, the business license of any premises upon which a violation of this section occurs shall be subject to suspension or revocation action shall follow the procedures outlined in the Code of Ordinances. Any conviction or plea of guilty or nolo contendere in the municipal court or any other court having jurisdiction of such charges to a charge of violating this section shall be admissible in a license suspension or revocation proceeding.

(i)

In addition to other provisions of this section, violation of the provisions of this section shall be punishable as for a misdemeanor in the municipal court or any other court having jurisdiction of violations of city ordinances and it shall be in the discretion of the court in which a violation is found to suspend the license of the violator. The failure of the municipal court to suspend the license of a violator shall not preclude the mayor and alderman from doing so.

(Ord. of 9-26-1995; Ord. of 8-24-1999)