HomeMy WebLinkAbout89-1 - Amending Sections 5.28.010 and 5.28.041 of Newport Beach Municipal Code Pertaining to Regulations for Entertainment EstablishmentsORDINANCE NO. 89- 1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTIONS
5.28.010 and 5.28.041 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
REGULATIONS FOR ENTERTAINMENT
ESTABLISHMENTS.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
is ORDAIN AS FOLLOWS:
Section 1: Section 5.28.010 of the Newport Beach Municipal
Code shall be amended to read as follows:
5.28.010. Entertainment Defined. The term "entertainment" as
used in this Chapter shall mean any act, play, burlesque show,
revue, pantomime, fashion or style show, scene, song, song and
dance act, or instrumental music participated in by one or more
employees, guests, customers or any other person or persons.
The following is included in the term "entertainment ":
(a) The presence of any performer, employee or model in any
place described in Section 5.28.020, unclothed or in such
attire or costume as to expose to public view any portion
of the genitals, pubic hair, crease of the buttocks,
perineum, anus, anal region or pubic hair region of any
such person; and
(b) The presence of any female performer, employee or model in
any place described in Section 5.28.020 unclothed or in
such attire or costume as to expose to public view any
portion of either breast at or below the areola.
Section 2: Section 5.28.041 of the Newport Beach Municipal
Code shall be amended to read as follows:
5.28.041. Additional Regulations. The following regulations
shall apply to all establishments described in Section
5.28.020 which are licensed to serve or serves alcoholic
beverages. The permittee shall enforce all regulations and
inform his or her employees thereof.
(a) Female performers, employees, or models shall be so
clothed that the breasts shall be completely covered by
nontransparent material from the top of the areola to the
lowest portion of the breast. The genitals, pubic hair,
crease of the buttocks, perineum, anus, anal region and
pubic hair region of all performers, employees or models
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shall be completely covered by nontransparent material.
(b) No performer, employee, or model shall be clothed with any
device, costume or covering which gives the appearance of
or simulates the genitals, pubic hair, crease of the
buttocks, perineum, anus, anal region or pubic hair
region.
(c) No performer, employee, or model shall perform any of the
following sexual activities:
1. Actual or simulated intercourse, oral copulation,
anal intercourse, oral anal copulation, bestiality,
direct physical stimulation of unclothed genitals,
flagellation or torture in the context of a sexual
relationship, or the use of excretory functions in
the context of a sexual relationship; or
2. Use of human or animal masturbation, sodomy, oral
copulation, coitus, ejaculation; or
3. Fondling or touching of nude human genitals, pubic
region, buttocks or female breasts; or
4. Masochism, erotic or sexually oriented torture,
beating or the infliction of pain; or
5. Erotic or lewd touching, fondling or other contact
with an animal by a human being; or
6. Human excretion, urination, menstruation, vaginal or
anal irrigation.
(d) The permittee shall abide by the rules and regulations set
forth by the California Department of Alcoholic Beverage
Control.
(e) Stage or entertainment areas shall not be open to view
from outside the premises.
Section 3: The Mayor shall sign and the City Clerk shall
Asattest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within fifteen (15) days after its adoption.
Section 4: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
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the 9th day of Januar„ , 1989, and adopted on the 23rd day of
January , 1989, by the following vote, to -wit:
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ATTEST:
CITY CLERK /
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AYES, COUNCILMEMBERS TURNER, SANSONE,
PLUMMER, STRAUSS, HART, COX, WATT
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
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