§ 27-10.2. Live exhibitions or performances.

(a)

For purposes of this section, the following words and phrases shall be construed as follows:

Business establishment shall be deemed to include the real property of a business, or any entity serving food or beverages to the public for compensation, charging an admission fee or receiving a donation, or in any private club or organization wherein dues or membership fees are charged, as well as all appurtenances thereto and buildings thereon, including, but not limited to, the grounds, private walkways and parking lots or garages adjacent thereto which are owned or controlled by the property owner, lessee, or employees or agents thereof.

Direct line of sight means the ability to directly view an area without the benefit of assistance of a mirror, video camera or similar aid.

Live exhibition or performance means modeling, dancing or any similar activity which involves a person or persons physically performing for the benefit of one (1) or more other persons.

Manager's station means any check-out counter, desk, or other place or position where an employee, agent, manager or owner of a business establishment sits or stands or is assigned to sit or stand.

Performer means a person engaged in a live exhibition or performance in a business establishment.

Person means an individual, proprietorship, partnership, corporation, limited liability company, association, organization or other legal entity.

State of nudity means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof immediately below the top to the areola.

Viewing area means any area within a business establishment where a live exhibition or performance is taking place.

(b)

The City of Newport News hereby finds and declares that the unregulated practice of live exhibitions or performances in any viewing area, private or semi-private rooms, booths, or cubicles within business establishments (i) encourages criminal activities of a sexual nature including, but not limited to, fornication, masturbation, prostitution, public nudity and sodomy, (ii) facilitates sexual liaisons of a casual nature which create unhealthy conditions, and (iii) increases the likelihood that other criminal activities, such as sexual assaults and drug-related offenses, will occur.

The concern over sexually-transmitted diseases, and the deleterious effect on both existing businesses and surrounding neighborhoods caused by increased crime and the downgrading of property values, demands reasonable regulation of live exhibitions or performances in business establishments which provide such exhibitions or performances in any viewing areas, private or semi-private rooms, booths, or cubicles within business establishments in order to (i) protect the health, safety and welfare of the city's citizens and visitors; (ii) protect citizens and visitors from increased crime; and (iii) preserve the quality of life, property values, the character of surrounding neighborhoods, and the city's tourism industry and other economic interests.

The intent of this section is not to suppress any activities protected by the First Amendment, but is to enact content-neutral regulations which are specifically designed and intended to prevent the deleterious secondary effects associated with live exhibitions or performances in business establishments which provide such exhibitions or performances in private or semi-private rooms, booths, viewing areas or cubicles.

(c)

It shall be unlawful for any person to maintain or operate for himself or herself, or as an officer, employee or agent, a business establishment where live exhibitions or performances take place, unless the following requirements have been met.

(1)

No viewing area of the business establishment shall be obstructed by curtains, doors, walls, display racks or any other permanent or temporary enclosure or barrier.

(2)

At lease one (1) employee other than the performer must be on duty at all times that any patron, customer or member of the audience is inside the business establishment, and such employee must have a direct line of sight of any viewing area during any live exhibition or performance.

(3)

In any business establishment which is configured to include a manager's station, there must be an unobstructed view, from the manager's station, of all viewing areas and any other area of the business establishment, except restrooms, to which any patron, customer or member of the audience is permitted access for any purpose. If the business establishment has two (2) or more manager's stations, all viewing areas and any other area of the business establishment, except restrooms, to which any patron, customer or member of the audience is permitted access for any purpose must be visible from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(4)

No performer shall be permitted to touch the breasts, genitals, anus, buttocks or groin of any person or persons, including himself or herself or any patron, customer or member of the audience, regardless of whether such parts of the body are fully or partially covered by clothing, or are uncovered.

(5)

No patron, customer or member of the audience shall be permitted to touch the breasts, genitals, anus, buttocks or groin of any performer regardless of whether such parts of the body are fully or partially covered by clothing, or are uncovered.

(6)

No sofa, futon, cot, bed, mattress or similar furnishings shall be located in any viewing area or in any other area of the business establishment to which patrons, customers or members of the audience are permitted access.

(7)

No performer shall appear in a state of nudity in the viewing area or in any other area of the business establishment to which any patron, customer or member of the audience is permitted access.

(d)

It shall be unlawful for any performer in a business establishment to touch the breasts, genitals, anus, buttocks or groin of any person or persons, including himself or herself, or any patron, customer or member of the audience, regardless of whether such parts of the body are fully or partially covered by clothing, or are uncovered.

(e)

It shall be unlawful for any patron, customer or member of the audience to touch the breasts, genitals, anus, buttocks or groin of any performer in a business establishment, regardless of whether such parts of the body are fully or partially covered by clothing, or are uncovered.

(f)

Nothing contained in this section shall be construed to apply to the exhibition, presentation, showing or performance of any play, ballet, drama, tableau, production or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher learning or other establishment which is primarily devoted to such exhibitions, presentations, shows or performances as a form of expression of opinion, communication, speech, ideas, information, art or drama.

(g)

Any person who violates any of the provisions of this section shall be guilty of a Class 1 misdemeanor.

(h)

If any subsection, clause or other portion of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section.

(Ord. No. 5362-99, § 1)

(Ord. No. 5362-99, § 1)