§ 5-9.405. Certain Conduct in Bars Prohibited.

The City Council of the City of Modesto finds that barroom nudity is a direct cause of increased demand for police services in and about such establishments, and finds further that the activities commonly engaged in by both employees and patrons of such establishments are inimical to the public welfare in that nudity in such establishments has been demonstrated to increase the occurrence of illegal activity in and occurring around such establishments. Accordingly, the following acts or conduct on the premises of any bar are deemed contrary to the public interest and welfare and the best interests of the community and, therefore:

(a)

No bar owner or operator or an employee thereof shall permit any person on the premises to display or expose his or her genitals, pubic hair, buttocks, anal region, or any portion of the female breast at or below the areola thereof.

(b)

No bar owner or operator or employee thereof shall permit any person on the premises to perform "specified sexual activities" as defined in Section 5-9.102.

Any bar owner, operator or employee thereof who permits any of the above while alcoholic beverages are being sold or in the presence of anyone who has consumed any alcoholic beverages on the premises at any time during the four (4) hours immediately preceding the act or display referred to above shall be guilty of a misdemeanor.

Any person who exposes his or her genitals, pubic hair, buttocks, anal region, or any portion of the female breast at or below the areola thereof on the premises while alcoholic beverages are being sold, or on the premises and in the presence of anyone who has consumed any alcoholic beverages at such premises at any time during the four (4) hours immediately preceding such display or exposure shall be guilty of a misdemeanor.

(Added by Ord. 2953-C.S., § 3, effective 11-2-95)