HomeMy WebLinkAboutNS-1166ORDINANCE NS - 1166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REPEALING ARTICLE III OF CHAPTER
12 AND AMENDING AND ADDING SECTIONS 12-1 THROUGH
12-9 OF ARTICLE I CHAPTER 12 MAKING IT A MISDEMEANOR
FOR THE UNLAWFUL EXPOSURE OF PRIVATE PARTS AND FEMALE
BREASTS, WHILE ACTING OR EMPLOYED AS A WAITER,
WAITRESS OR ENTERTAINER IN AN ESTABLISHMENT SERVING
FOOD AND BEVERAGES, INCLUDING BUT NOT LIMITED TO
ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That Article III of Chapter 12 is hereby
repealed.
SECTION 2: That Chapter 12 Article I Sections 12-1
through 12-6 of the Santa Ana Municipal Code are hereby
amended to read as follows:
Chapter 12
ENTERTAINMENT REGULATIONS
Article I
Unlawful Exposure of Private Parts & Female Breasts
Sec. 12-1 Prohibitions: Definitions: Waiters, Waitresses,
Entertainers.
Every person is guilty of a misdemeanor who, while
acting as a waiter, waitress or entertainer in an establish-
ment which serves food, beverage, or food and beverage, in-
cluding, but not limited to, alcoholic beverages, for con-
sumption on the premises of such establishment:
(a) Exposes his or her genitals, pubic hair, buttocks,
natal cleft, perineum, anal region or pubic hair region; or
(b) Exposes any device, costume or covering which gives
the appearance of or simulates the genitals, pubic hair, but-
tocks, natal cleft, perineum, anal region or pubic hair region;
or
(c) Exposes any pQrtion of the female breast at or below
the areola thereof.
Sec. 12-2. Counselin9 or Assisting.
Every person is guilty of a misdemeanor who causes, per-
mits, procures counsels or assists any person to expose or
simulate exposure as prohibited in Sec. 12-1.
sec. 12-3. Employment or P~ment Not Necessary for Offense.
A person shall be deemed to be a waiter, waitress or
entertainer if such person acts in that capacity without re-
gard to whether or not such person is paid any compensation
by the management of the establishment in which the activity
is performed.
1
ORDINANCE NS- 1166
Sec. 12-4. Prohibitions: Definitions: Public Performance.
Every person is guilty of a misdemeanor, who while par-
ticipating in any live act, demonstration, or exhibition in
any public place, place open to the public, or place open to
public view:
(a) Exposes his or her genitals, pubic hair, buttocks,
natal cleft, perineum, anal region, or pubic h~r region or;
(b) Exposes any device, costume or covering which gives
the appearance of or simulates the genitals, pubic hair, but-
tocks, natal cleft, perineum, anal region or pubic hair region;
or
(c) Exposes any portion of the female breast at or below
the areola thereof.
Sec. 12-5. Counseling or Assisting.
Every person is guilty of a misdemeanor who causes, per-
mits, procures, counsels or assists any person to expose or
simulate exposure as prohibited in Section 12-4.
Sec. 12-6. Exemption of Theatrical Establishments.
The provision of Section 12-1 through and including Sec.
12-4 shall not apply to a theater, concert hall, or similar
establishment which is primarily devoted to theatrical per-
formances.
SECTION 3: That the Santa Ana Municipal Code, is hereby
amended by adding a section, to be n~mbered 12-9, which said
section reads as follows:
Sec. 12-9. Severabilit~ of Parts of this Chapter.
The sections, paragraphs, sentences, clauses and phrases
of this chapter are severable, and if any phrase, clause,
sentence, paragraph or section of this chapter shall be declared
unconstitutional, invalid, illegal or unenforceable for any
reason, by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality, invalidity, illegality
or unenforceability shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this chapter.
SECTION 4: Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner affect
the prosecution for violation of ordinances, which viola-
tions were committed prior to the effective date hereof,
nor be construed as affecting any of the provisions of such
ordinances relating to the collection of any such license
or penalty or the penal provisions applicable to any viOla-
tion thereof, ~nor to affeot the validity of any bond or case
deposit in lieu thereof, required to be posted, filed or
deposited pursuant, to any ordinance, and all rights and obli-
gations thereunder appertaining shall continue in full force
and effect.
SECTION 5: This Ordinance shall take effect thirty (30)
days from and after the date of its adoption.
2
ORDINANCE NS 1166
SECTION ~: The Clerk of the Council shall certify to the
passage of this ordinance and cause the same to be published
in some daily newspaper printed and published in the City of
Santa Ana.
PASSED AND ADOPTED by the City Council of the City of
Santa Ana at its regular meeting held on the 4th day of
June , 1973.
ATTEST:
CLERK OF THE COUNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I am
the Clerk of the Council of the City of Santa Ana; that
the foregoing Ordinance was introduced to said Council at
its regular meeting held on the ~lst day of
, 1973 and was again considered by
said Council at its meeting held on the ~th day of
June , 1973, and was at said meeting passed and
adopted by the following vote, to wit:
AYES,
COUNCILM~N: Griset, Y&mamoto, Markel, Gar%he
NOES,
COUNCILMEN: Ward, Patterson
ABSENT,
COUNCILMEN: Evans
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
3