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Home My WebLink AboutORD 661ORD 661x ôÎÃORDINANCE NO. 661 / AN ORDINANCE OF THE CITY COUNCIL Of\ THE CITY OF BALDWIN PARK AMENDING CERTAIN SECTIONS OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO WAITERS, WAITRESSES AND ENTERTAINERS. URGENCY ORDINANCE) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Part 2 of Chapter VI of Article IV, consisting of Section 4650, through and including Section 4656 of the Baldwin Park Municipal Code are here- by repealed and rescinded. SECTION 2. That Part 2 of Chapter IV of Article IV, consisting of Section 4650, is hereby added to the Baldwin Park Municipal Code to read as follows: Part 2 EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS Section 4650 EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS 1) Prohibitions Waiters, Waitresses. Enter- tainers. Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or enter- tainer in an establishment which serves food, bever- ages, or food and beverages, including, but not limited to, alcoholic beverages for consumption on the premises of such establishments: 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 cover- ing which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal clefc, perineum, anal region or pubic hair region; or c) Exposes any portion of the female breast at or below the areola thereof. 2) Employment or Payment Not Necessary for Offense, A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether such person is paid any compensation by the management of the establishment in which the activity is performed. 3) Prohibitions Public Performance- Every person is guilty of a misdemeanor who, while parti- cipating in any live act, demonstration or exhibi- tion in any public place, place open to the public or place open to public view: a) Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or BIB] 37950-U01 ORD-U02 661-U02 LI2-U03 FO31548-U03 FO31816-U03 DO31824-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 661x ôÎÃOrdinance No, 661___ Page 2 b) Exposes any device, costume or cover- ing 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. 4) Counseling or Assisting. Every person is guilty of a misdemeanor who causes, permits, pro- cures, counsels or assists any person to expose or simulate exposure as prohibited by this Chapter, 5) Exemption of Theatrical Establishments. The provisions of this Chapter shall not apply to a theater, concert hall or similar establishment which is primarily devoted to theatrical perform- ances. SECTION 3. That this Ordinance is hereby declared to be an urgency Ordinance and shall take effect immediately upon its adoption. The facts constituting the basis of such urgency are as follows: The City Council does hereby find that there exists in this City an increasing trend toward nude and semi-nude acts, exhibitions and entertainment, and of undress by female employees of food, drink and like es- tablishments serving the public, and that such acts and such competitive commercial exploitation of nudity is adverse to the public peace, morals and good order; and that it is in the best interest of the public safety and convenience of this City to restrict such nudity, and the commercial pro- motion and exploitation thereof, as hereinafter set forth. The California State Legislature has adopted Chapters 1534 and 1535, Statutes of 1969, authorizing cities to adopt legislation of the sort contained herein. Said legisla- tion became effective November 10, 1969. On May 1, 1973, the Supreme Court validated the said statutes and ordinances adopted thereunder. This City Council finds that the con- duct prohibited herein is presently taking place within the City limits and is so detrimental to the mental and moral state of the people of this City as to justify its immediate prohibition. SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. APPROVED and PASSED this 16th day of May, 1973. YOR ATTEST: T 5^^^ \ /JP^^L^^ City Clerk———————— BIB] 37950-U01 ORD-U02 661-U02 LI2-U03 FO31548-U03 FO31816-U03 DO31824-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 661x ôÎÃOrdinance No. 661 Page 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS/ City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 661 was duly adopted and passed as an Urgency Ordinance at a regular meeting of the City Council on the 16th day of May, 1973, by the following vote: AYES: COUNCILMEN MC CARON, HAMILTON, GREGORY AND MAYOR KING NOES COUNCILMEN__________________________________________ ABSENT: COUNCILMEN BLEWETT THELMA L. BALKUS, CITY CLERK BIB] 37950-U01 ORD-U02 661-U02 LI2-U03 FO31548-U03 FO31816-U03 DO31824-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04