San Jose |
Code of Ordinances |
Title 20. ZONING |
Chapter 20.80. SPECIFIC USE REGULATIONS |
Part 1. ADULT USES |
§ 20.80.010. Businesses involving nude activity.
A.
No business otherwise permitted in any district shall be permitted on any lot or parcel of land any part of which is located within five hundred feet of the campus of any public or private elementary or secondary school (schools containing grades kindergarten through twelfth grade or any one or more of such grades), or any child day care center:
1.
If the business is an establishment which serves food, beverages, or food and beverages, including, but not limited to, alcoholic beverages, for consumption on premises of such establishment and if any person who acts as a waiter, waitress, or entertainer (with or without compensation) in such establishment does so in the nude; or
2.
If in the conduct of such business, any live act, demonstrations, or exhibitions occur by persons in the nude in public places, or places open to public view.
B.
The provisions of this section shall not apply to any theater, concert hall, or similar establishment which is primarily devoted to theatrical performances.
C.
For the purposes of this section, a person shall be deemed to be nude if:
1.
In the case of a male person, his genitals, pubic areas, or buttocks are visible.
2.
In the case of a female person, (i) her genitals, pubic areas, or buttocks are visible, or (ii) the nipple or areola of either of her breasts is visible.
(Ord. 26248.)