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.
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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