HomeMy WebLinkAboutORD09ORDINANCE NO.9
AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,
AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF APACHE
JUNCTION BY ADDING SECTION 10-1-22 RELATING TO THE
OPERATION OF CERTAIN PUBLIC PLACES OF ENTERTAINMENT,
AND PRESCRIBING PENALTIES AND DELCARING AND EMERGENCY.
BE IT ORDAINED BY TH MAYOR AND COMMON COUNCIL AS FOLLOWS:
A.It is hereby declared to be a public nuisance and
it is unlawful as follows:
1.Any female entertaining or performing any
dance or in any play, exhibition, show, or other
entertainment, or any female serving food or spirituous
liquors as defined by Title 4, Chapter 1, Article 1, A.R.S.
1956, as amended, in a restaurant, nightclub, bar, tavern,
taproom, theatre, or in a private, fraternal, social, golf
or country club, as defined by Title 4, Chapter 1, Article
1, A.R.S. 1956, as amended, or in any public place who
appears clothed, costumed, unclothed or uncostumed in such a
manner that the bare female breast or breasts are not firmly
covered below the top of the nipple by a braissiere
consisting of a fully opaque material, is guilty of a
misdemeanor.
2.Any person entertaining or performing any
dance or in any play, exhibition, show or other
entertainment, or any person serving food or spirituous
liquors as defined by Title 4, Chapter 1, Article 1, A.R.S.
1956, as amended, in a restuarant, nightclub, bar, tavern,
taproom, theatre, or in a private, fraternal, social, golf
or country club, as defined in Title 4, Chapter 1, Article
1, A.R.S. 1956, as amended, or in any public place, who
appears clothed, costumed, unclothed or uncostumed in such a
manner that the lower part of his or her torso, consisting
of the private parts or anal cleft or cleavage of the
buttocks, is not covered by a fully opaque material or is so
thinly covered as to appear uncovered, is guilty of a
misdemeanor.
3.Any person who employs any female entertaining
or performing any dance or in any play, exhibition, show, or
other entertainment, or any female serving food or
spirituous liquors as defined by Title 4, Chapter 1, Article
1, A.R.S. 1956, as amended, in a restaurant, nightclub, bar,
tavern, taproom, theatre, or in a private, fraternal,
social, golf or country club, as defined by Title 4, Chapter
1, Article 1, A.R.S. 1956, as amended, or in any public
place, who appears clothed, costumed, unclothed or
uncostumed in such a manner that the bare female breast or
breasts are not firmly covered below the top of the nipple
by a braissiere consisting of a fully opaque material, is
guilty of a misdemeanor.
4.Any person who employs any person entertaining
or performing any dance or in any play, exhibition, show or
other entertainment, or any person serving food or
spirituous liquors as defined in Title 4, Chapter 1, Article
1, A.R.S. 1956, as amended, in a restaurant, nightclub, bar,
tavern, taproom, theatre, or in a private, fraternal,
social, golf or country club, as defined in Title 4, Chapter
1, Article 1, A.R.S. 1956, as amended, or in any public
place, who appears clothed, costumed, unclothed or
uncostumed in such a manner that the lower part of his or
her torso, consisting of the private parts or anal cleft or
cleavage of the buttocks, is not covered by a fully opaque
material or is so thinly covered as to appear uncovered, is
guilty of a misdemeanor.
5.Any person who aids and abets in any
commission of any of the offenses defined by paragraphs 1,
2, 3 and 4 of this section is guilty of a misdemeanor.
6.Any person who touches, caresses, or fondles
the breasts, buttocks, anus, or genitals of another who is
entertaining or performing any dance is guilty of a
misdemeanor.
B.
C.
D.
The city clerk shall upon request furnish to the
owner or operator of each cabaret a copy of this
article.The owner or operator shall post the copy of
this article in a place conspicuous to the
entertainers, but not necessarily in view of the
general public.The owner or operator of the cabaret
shall acquaint his entertainers with the terms of this
article.
All dances, including go go and strip tease
performances, shall be conducted upon a stage, platform
or portion of the floor raised at least 36 inches
above the main portion of the floor.
Penalty Clause:Any person found guilty of
violating any provisions of this ordinance shall be
guilty of a misdemeanor, and upon conviction thereof
2
shall be punished by a fine of not to exceed $300.00 or
by imprisonment for a period of not to exceed three (3)
months, or by both such fine and imprisonment.Each day
that a violation continues shall be a separate offense
punishable as hereinabove prescribed.
E.Emergency Clause:
WHEREAS the immediate operation of the
provisions of this ordinance is necessary for the
preservation of the public peace, health and safety
of the City of Apache Junction, an emergency is
hereby declared to exist, and this ordinance shall
be in full force and effect from and after its
passage, adoption and approval by the City Council
of Apache Junction.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF APACHE JUNCTION this / 7 1-ft day of A g ,4*.ez
1979.
ATTEST:
eCity Clerk
APPROVED AS TO FORM:
\,.••<"._
City Attorney
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