HomeMy WebLinkAbout1981-2532 PROHIBITING NUDITY & SEMI-NUDITY IN PREMISES WHERE LIQUOR IS SERVED, SOLD, OR CONSUMED. ORDINANCE NO. Igg
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AN ORDINANCE relating to public safety and morals; prohibiting
nudity and semi-nudity in premises where liquor
is served, sold or consumed; enacting Chapter 6.10,
"Nudity and Semi-Nudity Prohibited On Licensed Premises",
and various sections thereof; and declaring an
emergency.
WHEREAS, the City is currently involved in litigation which .
threatens to constitutionally invalidate all or a portion of its
lewd and indecent conduct. ordinance, and
WHEREAS, a hearing which will determine the constitutionality
of said ordinance is set for July-17, 1981, in Federal District
Court, and
WHEREAS, if such ordinance is invalidatedin whole or in part,
the City will be left without an effective means of enforcement to
prevent and punish lewd and indecent conduct, all to the detriment
of public peace, property, health, safety and welfare of the people
of the City. of Yakima, all so as to create • an emergency making it
necessary for this ordinance, to'become immediately effective, now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
• Section 1. Chapter 6.10 "Nudity and Semi-Nudity Prohibited
On Licensed Premises",.and the various sections thereof, are hereby
enacted as a new chapter and new sections ,of the City of Yakima
Municipal Code to read as follows:
"Chapter.6.10
NUDITY AND SEMI-NUDITY PROHIBITED ON LICENSED PREMISES
6.10.010 Declaration of Policy.
The City Council finds that the public health and safety in
the City of Yakima is impaired by nudity and semi-nudity in any
premises licensed to serve, sell or have consumed in it alcoholic
beverages. The City Council also finds that commercial exploitation
410 of nudity and semi-nudity is offensive to the public morals and, in
licensed premises, creates•an increased risk of disorderly conduct
on and in the vicinity of said licensed premises. In enacting this
ordinance, the Council is aware of the related regulation of the
State Liquor Board, WAC 314-16-125 (filed 6/24/75), but intends
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this ordinance to be more restrictive and to prohibit nudity and
semi-nudity on licensed premises.
6.10.020 Prohibited Acts.
41' A. (1) It is unlawful for any person, while in any premises
which is licensed to serve, sell or have consumed in it, alcoholic
beverages, to expose any prohibited portion of his or her body
anywhere on the premises, with the exception of designated restrooms
therein.
(2) "Prohibited portion" of a person's body means:
1. Any portion of the female breast or breasts below
the top of the areola, and
2. Any portion of the pubic hair, anus, cleft of the
buttocks or genitals of any person.
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(3) "To expose" means:
I. to be uncovered, or
2. to be covered with a material that is not opague,
such that the prohibited portion of the body is substantially
visible.
B. It .is unlawful for any owner, manager, operator or other
person in charge of any premises which is licensed to serve, sell,
or have consumed in it, alcoholic beverages, to permit, encourage .
or allow any person to expose any prohibited portion of that
person's body, as defined in sub-section A hereof, anywhere on
such premises, with the exception of the designated restrooms
therein."
Section 2. This ordinance is one to provide for the immediate
preservation of the public peace, property, health, safety and
welfare of the people of the City of Yakima and an emergency is
hereby declared to exist and this ordinance shall be in full force
411 and. effect immediately upon its passage, approval and publication
as provided by law and by the City Charter. Ada
ADOPTED BY THE CITY COUNCIL this day of 411, 1981.
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