Loading...
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 1 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 2 the 9th day of Januar„ , 1989, and adopted on the 23rd day of January , 1989, by the following vote, to -wit: • ATTEST: CITY CLERK / • AYES, COUNCILMEMBERS TURNER, SANSONE, PLUMMER, STRAUSS, HART, COX, WATT NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE 01 i,.......�. .....