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Home My WebLink AboutNS-1662EJC:ar 11/23/82 ORDINANCE NO. NS-1662 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 12-1, 12-3, AND 12-4, AND REPEALING SECTIONS 12-5 AND 12-6 OF THE SANTA ANA MUNICIPAL CODE RELATING TO UNLAWFUL EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 12-1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 12-1. Prohibitions: Definitions: Waiters, Waitresses, Entertainers. Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or entertainer in an establishment which serves alcoholic beverages for consumption on the premises of such establishment: (a) Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or (b) Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or (c) Exposes any portion of the female breast at or below the areola thereof. SECTION 2. That Section 12-3 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 12-3. Employment or Payment Not Necessary for Offense. For purposes of Section 12-1, a person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without re- gard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed. ORDINANCE NO. NS- 1662 PAGE TWO SECTION 3. That section 12-4 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 12-4. Exemption of Theatrical Establishments. The provisions of Sections 12-1 through and in- cluding Section 12-3 shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances. As used in this article, and in Sections 318.5 and 318.6 of the Penal Code, the phrase "theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances" shall mean a building, playhouse, room, hall, or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage upon which theatrical or vaudeville or similar performances are given, and in which the serving of alcoholic beverages is clearly incidental to such perform- ances, and where the revenue derived from the sale of alco- holic beverages is insubstantial when compared to all other sources of gross revenue. SECTION 4. That Section 12-5 of the Santa Ana Municipal Code is hereby repealed. SECTION 5. That Section 12-6 of the Santa Ana Municipal Code is hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such deci- sion shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordin- ance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 7. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner ORDINANCE NO. NS- 1662 PAGE THREE affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 20th day of December , 1982 by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: Bricken, Luxembourger, Acosta, Serrato, Griset, Markel, McGuigan None ABSENT: COUNCI LMEMBERS None ATTEST: APPROVED AS TO FORM: