HomeMy WebLinkAboutOrdinance 95.12 Adopting clothing and conduct requirements for certain establishments
ORDINANCE NO. 95.12
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING "CLOTHING
& CONDUCT REQUIREMENTS FOR QUALIFIED ESTABLISHMENTS"; ESTABLISHING
EFFECTIVE DATES AND PROVIDING PENALTIES FOR VIOLATIONS.
BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona.
Section I: The following Code, known as the "Clothing & Conduct Requirements for
Qualified Establishments Code" is hereby adopted and made a part of the Marana Town Code.
TOWN OF MARANA, ARIZONA
CLOTHING & CONDUCT REQUIREMENTS
FOR QUALIFIED ESTABLISHMENTS
1. PURPOSE
The purpose of this Article is to:
A. Provide for the clothing requirements of entertainers, employees serving
spirituous liquors, and other employees in Qualified Establishments that serve
spirituous liquors as defined by Arizona Revised Statutes title 4, chapter I, article
1 (A.R.S. ~ 4-101 et seq.).
B. Provide for conduct requirements of entertainers, employees serving spirituous
liquors, employees, patrons, and operators in Qualified Establishments.
C. Provide for requirements of employment for entertainers, employees serving
spirituous liquors, and employees in Qualified Establishments.
D. Provide for penalties, to be enforced by the Town of Marana, for anyone
violating the provisions of this Article.
E. Regulate the conduct and dress of entertainers, employees serving spirituous
liquors, and other employees in Qualified Establishments so as to encourage
public health, morals, and safety.
2. DEFINITIONS
A. "Entenainer" means any person who performs any dance, show, exhibition, or
performance for any number of persons. The entertainer need not receive
compensation from any source to be covered under this Article.
B. "Employee" means any employee, independent contractor, agent, consultant, or
other like person.
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C.
"Opaque" means not allowing any light to pass through; not transparent, semi-
transparent, or translucent.
D. "Qualified Establishment" means any restaurant, nightclub, bar, tavern, taproom,
theater or private, fraternal, social, golf, or country club, or any place that holds
a valid Arizona liquor license, which serves spirituous liquors as defmed by
Arizona Revised Statutes title 4, chapter 1, Article 1 (A.R.S. ~ 4-101 et seq.).
This includes the entire premises owned, leased, or otherwise occupied by such
establishment, whether the liquor licence extends to that portion of the premises
or not.
3. CWTHING REQUIREMENTS AND PENALTIES FOR FEMALE
ENTERTAINERS AND EMPLOYEES SERVING SPIRITUOUS LIQUORS IN
QUALIFIED ESTABLISHMENTS
Any female entertaining or performing any dance, show, exhibition, or
performance, or any female serving spirituous liquors as defined by A.R.S. title 4,
chapter 1, article 1, as amended, or any female employee, in a Qualified Establishment,
who appears clothed, costumed, unclothed, or uncostumed in such a manner that any
portion of the nipple and the areola (the more darkly pigmented portion of the breast
encircling the nipple) is visible and not firmly covered by a fully opaque material, which
does not resemble or simulate the actual appearance of an areola and/or nipple, is guilty
of a Class 1 misdemeanor.
4. CLOTHING REQUIREMENTS AND PENALTIES FOR ALL ENTERTAINERS,
EMPWYEES SERVING SPIRITUOUS LIQUOR, AND EMPLOYEES, IN
QUALIFIED ESTABLISHMENTS
Any person entertaining or performing any dance, show, exhibition, or
performance, or any person serving spirituous liquors as defined by A.R.S. title 4,
chapter 1, article 1, as amended, in a Qualified Establishment, who appears clothed,
costumed, unclothed, or uncostumed in such a manner that the lower portion of his or
her torso, consisting of the genitals, pubic hair, or anal cleft or buttocks, is not covered
by a fully opaque material or is so thinly covered as to appear uncovered, is guilty of a
Class 1 misdemeanor.
5. OPERATION OF QUALIFIED ESTABLISHMENTS IN VIOLATION OF
CWTHING REQUIREMENTS IS DEEMED A MISDEMEANOR
A. A person who knowingly conducts, maintains, owns, manages, and/or operates
any Qualified Establishment where any person is in violation of the provisions of
this Article, is guilty of a Class 1 misdemeanor.
B. If any entertainer, employee serving spirituous liquors, employee, owner,
operator, manager, or patron in a Qualified Establishment is able to view, either
on or off the premises of the Qualified Establishment, any person who would be
in violation of this Article if that person were on the premises of a Qualified
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Establishment, shall effectively screen such person or persons from view. A
person who knowingly conducts, maintains, owns, manages, and/or operates any
Qualified Establishment where any person is in violation of this section is guilty
of a Class 1 misdemeanor.
6.
PROHIBITED ACTS
The following acts are prohibited by entertainers, employees serving spirituous
liquors, employees, owners, operators, managers, and patrons, in Qualified
Establishments:
A. No licensee, operator, manager, or owner of a Qualified Establishment shall
permit, on the licensed premises, any employee, entertainer, or person to wear
or use any devise or covering exposed to view, which simulates the breast,
genitals, anus, pubic hair or any private portion thereof.
B. No licensee, operator, manager, or owner of a Qualified Establishment shall
permit, on the licensed premises, any person to perform acts of or acts which
constitute or simulate:
1. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation, or any sexual acts which are prohibited by law;
2. The touching, caressing or fondling of the breast, buttocks, anus or
genitals.
C. Any violation of this Section by a party, regardless of knowledge of the violation,
shall be a Class 1 misdemeanor.
7. RESTRICTIONS ON EMPLOYMENT OF ENTERTAINERS
A. No entertainer under the age of eighteen (18) years shall be employed in a
Qualified Establishment. All entertainers employed at a Qualified Establishment
must provide the following to the employer to be kept on permanent file;
1. Valid Arizona driver's license or State ill card, and,
2. A certified copy of the entertainer's birth certificate.
B. Failure to have and keep these documents on file at the Qualified Establishment
by the operator, manager, or owner, shall be a Class 1 misdemeanor.
Section II: If any section, subsection, sentence, clause, phrase or portion of this
,- ordinance or any part of these amendments to the tax code adopted herein by reference is for
any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
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SECTION ill: Whereas it is necessary for the preservation of the peace, health and safety
of the Town of Marana, Arizona, an emergency is declared to exist and this Ordinance shall
become immediately operative and in force from and after the date of posting hereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
23rd day of May, 1995.
rCt1.~ --l 1)2 JL)\l~A .J
Mayor Ora Ham/
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AS TO FORM:
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Town Attorney
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Ordinance 95.12
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