§ 10-12. Shows/performances depicting nudity or sexual conduct prohibited in licensed establishments.

(a)

The following words and terms when used in this section shall, for the purpose of this section, have the meanings respectively ascribed to them by this section.

(1)

Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the darkened area surrounding the nipple, or the depiction of covered male genitals in a discernibly turgid state.

(2)

Sexual conduct means the performance of acts, or simulated acts, of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.

(3)

Knowingly means having actual or constructive knowledge of the character and content of the subject matter. A person has constructive knowledge if a reasonable inspection under the circumstances would disclose the nature of the subject matter and the failure to inspect for the purpose of avoiding such disclosure.

(b)

It shall be unlawful for any manager, officer, agent, servant, employee, or person in charge of any establishment within the city licensed to sell spirituous or vinous liquors or malt or brewed beverages under the laws of the state, knowingly to exhibit, allow, engage in, participate in, or be connected with, any motion picture, show, performance, or other presentation upon the licensed premises, which, in whole or in part, depicts nudity or sexual conduct.

(Ord. No. 1994-5, 2-21-94)