Chapter 9.10
CABARET CONTROL

Sections:

9.10.010    Definitions.

9.10.020    Males and females.

9.10.030    Notice to chief of police.

9.10.040    Posting requirements.

9.10.050    Performance to be on stage.

9.10.060    Clothing requirements.

9.10.070    Performers and employees –Movements prohibited.

9.10.080    Mingling with patrons prohibited.

9.10.090    Impersonation of member of opposite sex.

9.10.100    Restrictions on employment of dancers.

9.10.110    Persons under age of 18 – Unlawful acts.

9.10.120    Violations – Penalties.

9.10.010 Definitions.

In this chapter, unless the context otherwise requires:

“Cabaret” means any restaurant, nightclub, bar, tavern, taproom, theatre or private, fraternal, social, golf or country club, which serves food or spirituous liquors as defined by ARS Section 4-101, as amended.

“Striptease” means a performance, exhibition, dance or appearance in which a person appears in various degrees of undress, or removes from or places upon his or her body clothing or covering, and as part of or an addition to such performance, exhibition, dance or appearance, employs body motions, including but not limited to torso gyrations, bumps and grinds or gesticulations while exhibiting his or her body in various stages of undress. (Prior code § 11-2-1)

9.10.020 Males and females.

The provisions of this chapter apply to males and females. (Prior code § 11-2-2)

9.10.030 Notice to chief of police.

The owner or operator of a cabaret conducting or presenting burlesque, strip acts or go-go dancers shall notify the chief of police, in writing, not less than 10 days prior to the presentation of such entertainment, and the provisions of this chapter shall apply to all such performances. (Prior code § 11-2-3)

9.10.040 Posting requirements.

The clerk shall upon request furnish to the owner or operator of each cabaret a copy of this chapter. The owner or operator shall post the copy of this chapter 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, male or female, with the terms of this chapter. (Prior code § 11-2-4)

9.10.050 Performance to be on stage.

All dances, including go-go and strip tease performances, shall be conducted upon a stage, platform or portion of the floor raised at least 18 inches above the main portion of the floor. (Prior code § 11-2-5)

9.10.060 Clothing requirements.

A. Any female performing any dance or in any play, exhibition, show or other entertainment, or any female serving food or spirituous liquors as defined by ARS Section 4-101, as amended, in a restaurant, nightclub, bar, tavern, taproom, theater or in a private, fraternal, social, golf or country club, as defined by ARS Section 4-101, as amended, or in any public place, or any person who employs such a female who appears or permits her to appear clothed, costumed, unclothed or uncostumed in such manner that the nipple and areola (the more darkly pigmented portion of the breast encircling the nipple) are not firmly covered by fully opaque material, is guilty of a misdemeanor.

B. Any person performing any dance or in any play, exhibition, show or other entertainment, or any person serving food or spirituous liquors as defined by ARS Section 4-101, as amended, in a restaurant, nightclub, bar, tavern, taproom, theater or in a private, fraternal, social, golf or country club, as defined in ARS Section 4-101, as amended, or in any public place, or any person who employs such a person, who appears or permits one to appear clothed, costumed, unclothed or uncostumed in such a manner that the lower part of his or her torso, consisting of the human male or female genitals or pubic area 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.

C. 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 ARS Section 4-10, as amended, in a restaurant, nightclub, bar, tavern, taproom, theater or in a private, fraternal, social, golf or country club, as defined by ARS Section 4-101, as amended, or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the nipple and areola (the more darkly pigmented portion of the breast encircling the nipple) are not firmly covered by a fully opaque material, is guilty of a misdemeanor.

D. 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 ARS Section 4-101, as amended, in a restaurant, nightclub, bar, tavern, taproom, theater or in a private, fraternal, social, golf or country club, as defined in ARS Section 4-101, 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 human male or female genitals or pubic area 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.

E. Any person who aids and abets in any commission of any of the offenses defined by subsections A and B of this section is guilty of a misdemeanor. (Prior code § 11-2-6)

9.10.070 Performers and employees –Movements prohibited.

Strip tease performers shall not pass their hands over their bodies or the body of any other person or performer in such a manner that the hands touch the body or engage in any motion simulating a sex act. Bumps and grinds shall not be made adjacent to a curtain or any other object, thing or person, nor from a reclining or horizontal position. (Prior code § 11-2-7)

9.10.080 Mingling with patrons prohibited.

Dancers, go-go dancers or strip tease performers while employed in a cabaret shall not be permitted to mingle with the patrons or customers when not performing. Entertainers shall not be allowed to accept drinks or alcoholic beverages from customers, management or its employees, while on duty, whether or not their employment is on a salary or contract basis. (Prior code § 11-2-8)

9.10.090 Impersonation of member of opposite sex.

No entertainment shall be conducted in which any performer impersonates by means of costume, dress or actions, a person of the opposite sex, unless special permission has been granted by the chief of police. (Prior code § 11-2-9)

9.10.100 Restrictions on employment of dancers.

No dancer who has been arrested and charged with prostitution or immoral acts shall be permitted to perform any strip tease act or dance bordering on the strip tease performance, including a go-go dance performance. (Prior code § 11-2-10)

9.10.110 Persons under age of 18 – Unlawful acts.

A. It is unlawful for any person conducting, managing, operating or maintaining a cabaret to employ as a dancer, go-go dancer or strip tease performer any person under the age of 18 years.

B. It is unlawful for any person under the age of 18 years to falsify his/her age in any manner to an employee or an employer in order to obtain a position as a dancer, go-go dancer or strip tease performer. (Prior code § 11-2-11)

9.10.120 Violations – Penalties.

Any person who violates any of the provisions of this chapter is guilty of a class one misdemeanor, and upon conviction thereof may be punished by a fine not exceeding $1,000, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment, at the discretion of the town magistrate. Probation may be imposed in accordance with the provisions of Title 13, Chapter 9, Arizona Revised Statutes. Each day any violation of any provision of this chapter or the failure to perform any act or duty required by this chapter continues shall constitute a separate offense. (Ord. 01-015 § 8, 2001; prior code § 11-2-12)