ACKNOWLEDGMENT

143.2 Attire and Conduct

The following acts or conduct on licensed premises are deemed contrary to public welfare and morals, and therefore no on-sale licenses shall be held at any premises where such conduct or acts are permitted:

1. To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view an portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.

2. To employ or use the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in paragraph (1) above.

3. To encourage or permit any person on the licensed premises to caress or fondle the breasts, buttocks, anus or genitals of any other person.

4. To permit any employee or person to wear or use any device or covering exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.

If any provision of this rule or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provision or application of the rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule are severable.

143.3 Entertainers and Conduct

Acts or conduct on licensed premises in violation of this rule are deemed contrary to public welfare and morals, and therefore no on-sale license shall be held at any premises where such conduct or acts are permitted.

Live entertainment is permitted on any licensed premises, except that:

1. No licensee shall permit any person to perform acts of or acts which simulate:
   
   (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
   
   (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals.
   
   (c) The displaying of the pubic hair, anus, vulva or genitals.

2. Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron.

No licensee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities describe above.

No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of this or her genitals or anus.

If any provision of this rule or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule are severable.

Note: Authority cited: Section 25730, Business and Professions Code and Section 22 of Act. XX, Calif. Constitutions. Reference: See 23001, Bus. & Prof. Code.

HISTORY:

1. New section filed 7-8-79, designated effective 8-10-79 (Register 70, No. 93).

143.4 Visual Displays

The following acts or conduct on licensed premises are deemed contrary to public welfare and morals, and therefore no on-sale license shall be held at any premises where such conduct or acts are permitted.

The showing of film, still pictures, electronic reproduction, or other visual reproductions depicting:

1. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

2. Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.

3. Scenes wherein a person displays the vulva or the anus or the genitals.

4. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.

If any provision of this rule or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule are severable.

143.5 Ordinances

Notwithstanding any of the provisions of Rules 143.2, 143.3 and 143.4, no on-sale licensee shall employ, use the services of, or permit upon his licensed premises, any entertainment or person so attired as to be in violation of any city or county ordinance.