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HomeMy WebLinkAboutord1985-0041 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 I DATE: 1 -3 -85 PROPOSED BY: COLE /JOHNSON INTRODUCED BY: Consent ORDINANCE NO. 85 -4 AN ORDINANCE PROHIBITING NUDITY IN PLACES WHERE LIQUOR IS SOLD OR CONSUMED. WHEREAS, the public health, safety, welfare and con- venience require that nudity be prohibited in places where liquor is sold or,consumed; NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL as follows: SECTION 1. DEFINITIONS The following terms shall have the meanings which follow: a) Liquor - As defined by RCW 66.04.010 as now or hereafter amended. b) Nude Condition - The display or exposure, with less than a full opaque covering, of any portion of a person's genitals, pubic area, or buttocks or of that portion of the female breast lower than the upper edge of the areola. c) Person - A natural person of either sex or any corporation, partnerhsip, or association, excluding non - profit organizations. d) Place - An establishment or function of any sort which is, or is required to be, licensed by the Washington State Liquor Control Board pursuant to RCW 66.24. SECTION 2. NUDITY PROHIBITED No person shall appear, cause the appearance, or suffer the appearance in any place where liquor is sold or consumed of any person in a nude condition. SECTION 3. PENALTY Any person violating this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than ONE THOUSAND DOLLARS ($1,000.00), or by imprisonment ORDINANCE - 1. 1/3/85 Revised 1/15/85 per L & J Committee I j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 26 27 28 29 30 31 32 for not more than NINETY (90) days, or by both such fine and im- prisonment. Each day the prohibited acts continue constitutes a separate violation. SECTION 4. NUISANCE DECLARED Any violation of this ordinance is hereby declared to be a public nuisance and, upon any violation thereof, the Pro- secuting Attorney may commence an action for the abatement, removal and enjoinment of such nuisance. SECTION 5. SEVERABILITY If any section, subsection, clause or phrase of this ordinance or its application to any person or circumstances is held invalid, the remainder of the application to other persons or circumstances shall not be affected. SECTION 6. EXCLUDED ACTS Nothing in this ordinance is intended to include or proscribe any matter which, when considered as a whole, and in the context in which it is used, possess serious literary, artistic, political or scientific value. Nor does it prohibit recreational facilities which necessarily have public dressing rooms from having a separate lounge area for its members. PASSED this 7th day of February , 1985. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON �- WILLIAM P . ROEHL -Creik of the 96uncil Council Chairperson .APPROVED AS TO FORM: APPROVED ( ) VETOED " L I i V � �ajL SHIRLEY V N ZAN N, DALL J. ' (RATTTW County Executive Deputy Pros uting Attorney DATE: 2 -8 -85 Published 1 -16 -85 and 2 -13 -95 This ordinance becomes effective on 2 -18 -85 ORDINANCE - 2. 1/3/85