HomeMy WebLinkAbout1962Ordinance No.
AN ORDINANCE ADDING ARTICLE TV OF CHAPTER 15
TO THE BUTTE COUPdTY CODE RELATIVE TO TOPLESS
DANCING
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The Board of Supervisors of the County of Butte, State
o.f California,--DO ORDAIN-as follows..:.... ...
Section 1. That Article IV of Chapter 15 of the Butte
County Code is hereby added to read as follows:
-:_:ARTICLE IV. TOPLESS DANCING
§15-100. Authority for Article, This article is
adopted pursuant to California Penal Code Sections 318.5 and 318.b
as added by Chapters 1534 and 1535, statutes 19b9, respectively.
§15-101. "Theater" and "Concert Hall" Defined. As used
in this article "theater" or "concert hall" means any building,
iplayhouse, room, hall or other place having a permanent stage upon
I', which movable scenery and theatrical or vaudeville or similar per-
!,,formances are given, permanently affixed or temporarily installed
seating devices so arranged that a body of spectators can have an
unobstructed view of the stage and whose primary or included
function is to give such performances.
§15~=102.Exposure Prohibited--Female Breasts. Every
female person who, while participating in any live act, demonstra-
tion or exhibition in any public place, place open to public view
or place open to the public, or;
Every female person who while acting as a
waitress, hostess or entertainer, whether or not the owner or
person in charge of the establishment in which the activity is
performed, employs or pays any compensation to such person to
perform such activity, in any establishment which serves food,
beverages or food and beverages, including but not limited to
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alcoholic beverages, for consumption on the premises of such
establishment.;,
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(a) exposes any portion of either breast below a
straight line so drawn that either or both nipples and all por-
tions of either or both breasts which have a pigmentation or :}.~.
similar coloration different than that of the surrounding main
portion of the breasts are below such straight line, or
{b) employs any device covering or facsimile which is
designed or intended to simulate such portion of the breast, or
(c) wears any type of clothing or device so that any
portion of such part of the breast can or may be observed;
is guilty of a misdemeanor, and upon conviction thereof, shall be
confined in the county Sail not exceeding six months, or fined
not exceeding five hundred dollars ($500.00), or be punished by
both such fine and imprisonment.
X15-103. Exposure-Prohibited--Genitals, Pubic Area, Etc
Every person who while participating in any live act, demonstra-
tion or exhibition in any public place, place open to the public
or place open to public view, or;
Who, while acting as a waiter, waitress, host,
hostess or entertainer, whether or not the owner or person in
charge of the establishment in which the activity is performed,
employs or pays any compensation to such person to perform such
activity, in an establishment. which serves faod,.beverages or
food and beverages, including, but not limited to alcoholic
beverages, for consumption on the premises of such establishment:
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1 (a) exposes his or her genitals, pubic area or
2 buttocks., or
g (b) employs any device, covering or facsimile which is
4 designed. or intended to simulate the genitals or pubic area, or
5 (c) wears any type of clothing or device so that any
g portion of the genitals, pubic area or buttocks can or may be
q observed;
g is guilty of a misdemeanor, and upon conviction thereof, shall be
g confined in the county jail not exceeding six months, ox fix~.ed not
10 exceeding five hundred dollars ($500.00), or be punished by bath
it such fine and imprisonment.
12 §15-104. Accessories. Any person who permits, counsels
13 procures ar assists any person to so expose himself or to employ
14 any prohibited de'v'ice or to wear any type of prohibited clothing
15 or device, is guilty of a misdemeanor, and-upon conviction
16 thereof, shall be confined in the county jai-1 not exceeding six-
17 months, or fined not exceeding five hundred dollars ($500.00), or
18 be punished by both fine and imprisonment.-
19 §15-105. Exceptions. This article does not apply to
2A any bona fide theater or concert hall, as defined in §15-101.
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Section 2. This. ordinance shall be and it is hereby
declared to be in full force and effect. from and after,thirty_
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{30) days after the date of its passage, and before the expiration
of fifteen (15) days after its passage, this ordinance shall. be
published once with the names of the members of the Board of
Supervisors voting for and against it in the Ch~.co Enterprise
a newspaper published in the County of Butte,
State of California.
PASSED AND ADOPTED by the Butte County Board of Super-
visors, State of California, this 29th day o.f August
1978 , by the following zr~+-n
AYES : Supervisors
NOES : Supervisor
ABSENT : None
NOT VOTING : None
ATTEST:
CLARK A. NEL50N, County Clerk and
ex-officio Clerk of the Board
By ~ ~~ ~2~~-~
Deputy
_~
..~._
Butte County Board of Supervisors