[HISTORY: Adopted by the Board of Trustees
of the Village of Clayton 8-18-1987 by L.L. No. 4-1987. Amendments noted where
applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 34.
The Village of Clayton, New York, has determined
that certain regulations in the field of public entertainment are
needed and are necessary in order to promote the general good, health
and welfare of its citizens, including the children of the community.
The Village Board of Trustees is cognizant of the constitutional guaranty
of the freedom of expression contained in Section 8, Article I, of
the New York State Constitution, but, as a matter of the exercise
of the Village's authority to regulate public entertainment which
may violate or cause the citizens of the Village to have their tranquility
breached, it has determined the regulation of topless and bottomless
performances to be within the legitimate interest and power of the
Village to control, especially in those circumstances where alcohol
consumption is involved. The Board further recognizes that alcohol
consumption can, when coupled with nudity or quasi-nudity, cause otherwise
responsible individuals to behave in an unacceptable manner so as
to cause disturbances of the public peace and unacceptable behavior.
The Village of Clayton, therefore, invokes the privilege and authority
given to it under the provisions of the Penal Law of the State of
New York and the general powers granted to said Village.
It shall be unlawful for any waitress, barmaid
or any female person to appear, work, entertain, act or display herself
in any cabaret, dance hall, bar, tavern, lounge, discotheque, restaurant
and any other public place in the Village of Clayton, New York, clothed
or costumed in such a manner that the portion of her breast below
the areola is not covered with a fully opaque covering or in such
a manner that her genitals, pubic area or buttocks are not covered
with a fully opaque covering or by utilizing water or mud or the like
applied to clothing so as to accomplish a display of
private areas not normally or lewdly displayed.
It shall be unlawful for any male to appear,
work, entertain, act or display himself in any cabaret, dance hall,
bar, tavern, lounge, discotheque, restaurant and any other public
place in the Village of Clayton, New York, clothed or costumed in
such a manner that his genitals, pubic area or buttocks are not covered
with a fully opaque covering or by utilizing water or mud or the like
applied to clothing so as to accomplish a display of private areas
not normally or lewdly displayed.
It shall be unlawful for any person to knowingly conduct, allow the operation of, maintain, own, lease, manage or operate any cabaret, dance hall, bar, tavern, lounge, discotheque, restaurant and any other public place in the Village of Clayton, New York, where a female person or male person is not clothed, costumed or covered as required in §§ 62-2 and 62-3 of this chapter as well as any allowed actions and/or activities which are designed to violate the sense of this chapter by various efforts which tend to violate the sense of this chapter but which are, perhaps, intended to circumvent the underlying intent of this chapter. The knowing use of closed-circuit television or movies or similar techniques intended to display the same violations previously enumerated shall be deemed an intentional violation of this chapter and shall be deemed a violation.
Any person, firm, corporation, management, promoter
or those who are knowingly involved in the violation of this chapter
shall be guilty of a violation and, upon conviction thereof, shall
be fined in an amount not to exceed $250 or imprisoned for a period
not to exceed 15 days, or both such fine and imprisonment.
