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4406ORDINANCE NO. 4406 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 4.18.015 AND 4.18.060 OF CHAPTER 4.18 - OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELAT- ING TO AMUSEMENT AND ENTERTAINMENT PREMISES -- RESTAURANTS. FOLLOWS: THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 4.18.015 of Chapter 4.18 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 4.18.015 REQUIRED ATTIRE FOR PERSONS SERVING FOOD OR BEVERAGES. .010 Notwithstanding any other provision of this Code and regardless of whether an entertain- ment permit is otherwise required by the provisions of this Chapter, any person while acting in the cap- acity of bartender, barmaid, waiter, waitress, or other person preparing or serving food, beverages, or food and beverages in any restaurant, bar, tavern, or other place where food, beverages, or food and beverages are served to the public, shall be required to wear clothing which completely and opaquely covers such person's (1) genitals, pubic hair, buttocks, natal cleft, perineum, anal region and pubic hair region, and (2) female breasts below a point immediately above the top of the areola. .020 No person or entity controlling or operating any premises or business to which the pub- lic or any portion thereof is invited or admitted shall permit or allow any of the acts prohibited by subsection .010 hereof to occur on said premises. .030 A person shall be deemed a bar- tender, barmaid, waiter, waitress, or other person preparing or serving food, beverages, or food and beverages, for purposes of this Section if such person acts in such capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed." -1- SECTION 2. That Section 4.18.060 of Chapter 4.18 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.18.060 REQUIRED ATTIRE FOR ENTERTAINERS IN PREMISES SERVING ALCOHOLIC BEVERAGES. .010 Notwithstanding any other provision of this Code, and regardless of whether an entertain- ment permit is otherwise required by the provisions of this Chapter, any person, while acting as an en- tertainer in any establishment which serves alcoholic beverages for consumption on the premises of such establishment, shall be required to wear clothing which completely and opaquely covers such person's (1) genitals, pubic hair, buttocks, natal cleft, per- ineum, anal region and pubic hair region, and (2) female breasts below a point immediately above the top of the areola. .020 The term "entertainer" as used in this Section shall include, but not be limited to, any person while acting as a host or hostess or while mixing, mingling or circulating among the patrons of any establishment identified in subsection .010 hereof. Said term shall not include any person while acting in a capacity which is subject to the provi- sions of Section 4.18.015 of this Code. .030 No person or entity controlling or operating any premises or business to which the pub- lic or any portion thereof is invited or admitted shall permit or allow any of the acts prohibited by subsection .010 hereof to occur on said premises. .040 A person shall be deemed an enter- tainer for purposes of this Section if such person acts in such capacity without regard to whether or not such person is paid any compensation by the man- agement of the establishment in which the activity is performed. .050 The provisions of subsection .010 above shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances." -2- SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordi- nance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which viola- tions were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal pro- visions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ord- inance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and con- tinuations, and not as new enactments. SECTION 5. CERTIFICATION The City Clerk shall certify to the passage of this or- dinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 29th day of March, 1983. ATTEST: CITY'CLERK OF THE CITY OF ANAHEIM JLW: fm 0542M 1-21-83 MAYOR OF THE CITY MF ANAHEIM -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4406 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of March, 1983, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 29th day of March, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4406 on the 29th day of March, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of March, 1983. CITY-CLM OF THE CITY ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4406 and was published once in the Anaheim Bulletin on the 7th day of April, 1983.