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HomeMy WebLinkAbout73-18 - Urgency - Nude Entertainers, Waiters, and WaitressesORDINANCE NO. 73-18 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKING IT A MISDEMEANOR FOR THE UNLAWFUL EX- POSURE OF PRIVATE PARTS AND FEMALE BREASTS, WHILE ACTING OR EMPLOYED AS A WAITER, WAITRESS OR ENTERTAINER IN AN ESTABLISHMENT SERVING FOOD AND BEVERAGE, INCLUDING BUT NOT LIMITED TO ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa hereby finds and declares that since 1968 followed the policy of being opposed to the exposure of the human private parts and female breasts in public places, by persons acting as waiters, waitresses or entertainers, where such public place serves food and beverage. The City Council of the City of Costa Mesa further finds and declares that the aforesaid practice is detrimental to the mental and moral state of the people of this City, justifying prohibition. The City Council of the City of Costa Mesa further finds and declares that such conduct which tends to encourage the prurient interest in nudity and sex is conduct which taken as a whole goes substantially beyond customary limits of candor, and as such is conduct which is utterly without redeeming social importance. The City Council of the City of Costa Mesa finally finds and declares that the health, safety and welfare of the community requires that such conduct be prohibited. Accordingly, the City Council of the City of Costa Mesa hereby adopts Article 13 of Chapter VII of the Costa Mesa Municipal Code which reads as follows: SECTION 2. "Chapter VII BUSINESS, PROFESSIONS & TRADES Article 13 Unlawful Exposure of Private Parts & Female Breasts Section 61300 Prohibitions: Definitions: Waiters, Waitresses, Entertainers. Every person is guilty of a misdemeanor who, while acting as waiter, waitress or entertainer in an establishment which serves food, beverage, or food and beverage, 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. Section 61301 Counseling or Assisting. Every person is guilty of a misdemeanor who causes, permits, procures counsel or assists any person to expose or simulate exposure as prohibited in Section 61300. Section 61302 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 management of the establishment in which the activity is performed. Section 61303 Prohibitions: Definitions: Public Performance. 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 public view: (a) Exposes his or hes 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. Section 61304 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 61303. Section 61305 Exemption of Theatrical Establishments. The provision of Section 61300 through and including Section 61304 shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances. SECTION 3. This Ordinance is declared to be an urgency measure necessary for the immediate preservation of the public peace, health and safety, and shall become effective on this date. The facts constituting the emergency are as follows: The present ordinances of the City of Costa Mesa found in Section 61300 through and including Section 61321 have been declared unconstitutional by the Superior Court of the County of Orange, State of California, and the conduct heretofore described is neither regulated or pro- hibited in this City at this time. The City Council finds that the right of local agencies to prohibit and regulate this conduct has been finally determined by the California Supreme Court in the case of Crownover vs. Musick. The Council finds that the conduct herein prohibited is presently taking place within the City of Costa Mesa, and is so detrimental to the mental and moral state of the people of this County as to justify its immediate prohi- bition. SECTION 4. Chapter VII, Article 13 Sections 61300 through and including Section 61321 are hereby repealed." SECTION 5. This Ordinance shall take effect and be in full force and effect immediately after its passage, and before the expiration of fifteen (15) days after its passage, shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 7th day of May, 1973. ATTEST: City Clerk of the City of C to Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CM OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 73-18 was introduced and considered section by section at a regular meeting of said City Council held on the 7th day of May, 1973 and thereafter passed and adopted as a whole at a regular meet- ing of said City Council held on the 7th day of May, 1973 by the following roll call vote: AYES: COUNCILMEN: Hammett, Jordan., Wilson, Pinkley, Raciti : NOES: COUNCILMENNone ABSENT: COUNCILMEN: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 8th day of May, 1973. ©W�w City Clerk and ex -officio Cleri f the City Council of the City of Co Ka Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of Cal- ifornia, and I certify that City Ordinance Number (see reverse) 73-18 of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on May 12,1973 I declare, under penalty of perjury, that the foregoing is true and correct. Exec, at Costa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA) 1, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No 73-1$ was introduced and con- sidered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 7th day of — May , 197--L and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 71th day of May 197L, by the following roll -call vote: AYES: COUNCILMEN- Hammett, Jordan, Pinkley, Wilson, Raciti NOES: COUNCILMEN. None ABSENT: COUNCILMEN - I FURTHER CERTIFY that said Ordinance No. 73-18 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 12th day of May , 1973. say p Q- ..-.e�.L,,r City Clerk and ex -officio Clerk of the oty Council of the City of Costa MesaV