Sec. 14-96. Female nudity for commercial exploitation.

(a) It is unlawful conduct in any commercial establishment for any person to procure, counsel, aid, assist or permit a female person to appear and expose, exhibit, display or reveal or for any female person to appear, expose, exhibit, display or reveal her nude breast or breasts or lower part of the torso, beginning at the hip line and buttocks, uncovered or covered by any costume or garment which, by virtue of construction or transparency of material, exposes, exhibits, displays or reveals the nipple of the breast or the pigmented area adjacent thereto or the lower part of the torso as described in this subsection under any of the following conditions:

(1) While performing customary “barroom” type of nude dancing commonly referred to as “topless” and/or “bottomless” dancing;

(2) While serving any food or beverage;

(3) In connection with the promotion or the sale of any product or service.

(b) For the purpose of this section, the “nude breast” is hereby defined as the exposure, exhibition, display and revelation, either continually or intermittently, of the nipple or the pigmented portion adjacent thereto, otherwise defined as the areola.

(c) The provisions contained in this section shall not apply to the exhibition, presentation, showing or performance of any play, ballet, drama, tableau, production or motion picture in any theater, concert hall, museum, school or other similar establishment which is devoted to such presentation as a form of expression, as differentiated from commercial or business promotion or exploitation of nudity for the purpose of advertising, promoting, selling or serving products or services or otherwise advancing the economic welfare of a commercial or business enterprise.

(Ord. No. 89-238, � 2(24-76), 9-28-89)