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HomeMy WebLinkAboutORD NO 2944ORDINANCE NO. 2944 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 9.12 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO NUDE ENTERTAINMENT. BE IT ORDAINED by the Council of the City of Bakersfield that Chapter 9.12 of the Bakersfield Municipal Code is hereby amended to read as follows: Sections: 9.12.010 9.12.020 9.12.030 9.12.040 9.12.050 SECTION 1. Chapter 9.12 NUDE ENTERTAINMENT Legislative authorization. Theater defined. Prohibitions. Accessories. Exceptions. 9.12.010 Legislative A. This section pursuant to Sections 318.5 authorization. through Section 9.12.050 are adopted and 318.6 of the Penal Code. B. All words used in this section through Section 9.12.050, which also are used in the said Sections 218.5 and 218.6, are used in the same sense and mean the same as the same respective words used in the said Sections 318.5 and 318.6 of the Theater defined. As used in Sections 9.12.010 through 9.12.050, "theater" means a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery and theatrical or vaudeville or similar performances are given, the primary function of which is to give such performances, and for which a city license for a theater is in full force and effect. B. This definition does not supersede the provisions of Section 9.12.010. Penal Code. 9.12.020 A. 9.12.030 Prohibitions. A. Every female is guilty of a misdemeanor who, in a bar, restaurant, or similar establishment. in which alcoholic beverages are sold, while participating in any live act, demonstration, or exhibition, or while serving food or drink or both to any customer: 1. Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line; or 2. Employs any device or covering which is intended to simulate such portions of the breast; or 3. Wears any type of clothing so that any portion of such part of the breast may be observed. B. Every person is guilty of a misdemeanor who exposes his or her genitals, pubic area, or buttocks, or employs any device or covering which is intended to simulate the genitals or pubic hair, while participating in any live act, demonstration, or exhibition, or while serving food or drink or both to any customer. 9.12.040 Accessories. Every person is guilty of a misdemeanor who counsels or assists any person in violating any provision of Section 9.12.030. 9.12.050 Exceptions. Sections 9.12.030 through 9.12.040 do not apply to: A. A theater, concert hall, or similar establishment which is primarily devoted to theatrical performances; B. Any act authorized or prohibited by any state statute. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o ......... -2- I HEREBY CERTIFY that the foregoing Ordinance was passed an~ adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the l~th day of November, 198__~, by the following vote: CITY CL/~RK and Ex Officio Clerk of the Council of the City of Bakersfield APPRg~~ this 14th day of November , MAYO,,of th~ City of Bakersfield 198~ APPROVED as to form: CI Y AT~~ the~Cit~y~akersfield AJS/bl/mro 3. Aff a tt of os tng r tnan es STATE OF CALIFORNIAI ss. County of Kern } MARGUERITE ANDERSON, Being duly sworn, desposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on November 16 , 195/4 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on November 1/4 , 19.8/4 , which ordinance was numbered 29/44 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 9.12 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO NUDE ENTERTAINMENT. City Clerk Subscribed and sworn to before me this 10th .~y of ~ov~)er ........ ]~8.~ ~ f?~'~t CAROl. WILLIAMS