§ 6-22. Shows.

(a)

License required. It is unlawful for any person to present any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition without first having obtained a license therefor from the city. This section shall not apply to premises licensed under Chapter 5 of the City Code.

(b)

Exceptions. No license shall be required in the following instances:

(1)

Performances presented in the local schools and colleges, under the sponsorship of such schools and colleges, and primarily for the students thereof only.

(2)

Performance of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only.

(3)

Any performance or event in, or sponsored by, bona fide local church and nonprofit organizations, provided that such organization shall be incorporated.

(c)

Obscenity prohibited.

(1)

Definitions. As used in this subsection, the following words and terms shall have the meanings stated:

a.

Nudity: Uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.

b.

Obscene performance: A performance which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sado-masochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct.

c.

Obscenities: Those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.

d.

Performance: Any play, motion picture film, dance, or other exhibition pictured, animated, or live, performed before an audience.

e.

Sado-masochistic abuse: Flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

f.

Sexual conduct: Human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

g.

Sexual excitement: The condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.

(2)

It is unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly (1) exhibit an obscene performance, or, (2) directly or indirectly sell an admission ticket or other means to gain entrance to an obscene performance, or, (3) directly or indirectly permit admission of a person to premises whereon there is exhibited an obscene performance.

(3)

In any prosecution under this subsection it is an affirmative defense and for the defendant to prove (1) that the defendant was a bona fide school, museum or public library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization, or, (2) that the defendant was charged with exhibiting, selling an admission ticket, or permitting admission to a performance, those portions of which might otherwise be contraband forming merely an incidental part of an otherwise non-offending whole, and serving some legitimate purpose therein other than titillation, or, (3) that the defendant is a licensed movie theater, or an employee of a licensed movie theater, that the act complained of refers to a show presented by such licensee, and that revenues from shows prohibited hereunder constitute less than 25 percent of gross revenues in any calendar year.