Ordinance - 1408ORDINANCE NO. 1408
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, ADDING CHAPTER 7
TO ARTICLE IV OF THE WEST COVINA MUNICIPAL
CODE RELATING TO TOPLESS ENTERTAINMENT.
0 The City Council of the City of West Covina does ordain
as follows:
SECTION 1. Chapter 7 is hereby added to Article IV of
the West Covina Municipal Code to read as follows:
"CHAPTER 7
UNLAWFUL EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS
4700. AUTHORIZATION, PURPOSE, AND DEFINITIONS
(a) LEGISLATIVE AUTHORIZATION: This ordinance
is adopted pursuant to Sections 318.5 and 318.6 of the California
Penal Code.
(b) PURPOSE: This ordinance is necessary for the
preservation of the public peace, health, morals and safety in that
the City Council does hereby find that there exists in this city an
increasing trend toward nude and semi-nude acts, exhibitions and
entertainment, and or undress by female employees of food, drink
and like establishments serving the public, and that such competi-
tive commercial exploitation of nudity is adverse to the public
peace, health, morals, and safety.
• (c) DEFINITIONS:
1. All words used in these City Municipal
Code Sections which are also used in Sections 318.5 and 318.6 of
the California Penal Code are used in the same sense and mean the
same as those.words as used in said Penal Code sections.
2. Theater: As used in this ordinance,
"theater" means a building, playhouse, room, hall or other place
having a permanent stage upon which moveable scenery and theatrical
or vaudeville or similar performances are given and permanently
affixed seats so arranged that a body of spectators can have an
unobstructed view of the stage, and for which a municipal license
for a theater is in full force and effect. This definition does
not supercede the provisions of Section 4700 (c) J of the Ordinance.
4701. EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS
Every person is guilty of a misdemeanor who, while
acting as a waiter, waitress or entertainer in an establishment
which serves food, beverage or food and beverages, including but
not limited to, alcoholic beverages, for consumption 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,
buttocks, natal cleft, perineum, anal region or pubic hair region; or
(c) Exposes any portion of the female breast at
or below the areola thereof.
4701.1 COUNSELING OR ASSISTING:
Every person is guilty of a misdemeanor who causes,
permits, procures, counsels or assists any person to expose or simulate
exposure as prohibited in Section 4701.
4701.2 EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE:
A person shall be deemed to be a waiter, waitress
or entertainer if such person acts in that capacity without regard
to whether or not such person is paid any compensation by the manage-
ment of the establishment in which the activity is performed.
4702. EXPOSURE BY PERFORMERS IN PUBLIC
Every person is guilty of a misdemeanor, who, while
participating in any live act, demonstration or exhibition in any
public place, place open to the public or place open to the public
view:
(a) Exposes his or her gentials, 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, buttocks,
natal cleft, perineum, anal region or pubic hair region; or
(c) Exposes any portion of the female breast at
or below the areola thereof.
4702.1 COUNSELING OR ASSISTING:
Every person is guilty of a misdemeanor who causes,
permits, procures, counsels or assists any person to expose or simulate
exposure as prohibited in Section 4702.
• 4703. ..:EXEMPTION OF THEATRICAL ESTABLISHMENTS
The provisions of Sections 4701 through 4702.1 of
this CHAPTER shall not apply to a theater, concert hall or similar
establishment which is primarily devoted to theatrical performances.
4704. SEVERABILITY
If any provision or clause of this ordinance or
application thereof to any person or circumstances is held invalid,
such invalidity shall not affect other provisions or applications
of this ordinance which can be given effect without the invalid
provisions of the Ordinance are declared to be severable."
SECTION 2. The City Clerk shall certify to the passage of
this Ordinance and shall cause the same to be published as required
by law.
PASSED AND APPROVED this 9th day of October , 1978.
• ATTEST:
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City- Clerk
ayor
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I, LELA W. PRESTON, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 1408 was regularly
introduced and placed upon its first reading at a regular meeting of
the City Council on the 25th day of September , 1978. That,
thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 9th day of October , 1978,
by the following vote, to wit:
AYES: Councilmen: Miller, Shearer, Browne, Tice.
NOES: Councilmen: None
ABSENT: Councilmen: Chappell
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APPROVED AS TO FORM:
City Attorney
0
446
City Clekk-
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