9-4-9. Legitimate artistic modeling.

(1) The County does not intend to unreasonably or improperly prohibit legitimate modeling which may occur in a state of nudity for purposes protected by the First Amendment or similar state protections. The County does intend to prohibit prostitution and related offenses occurring under the guise of nude modeling. Notwithstanding the provisions of subsection (11) of Section 9-4-22, a licensed Out call employee may appear in a state of nudity before a customer or patron providing that a written contract for such appearance was entered into between the customer or patron and the employee and signed at least 24 hours before the nude appearance. All of the other applicable provisions of this chapter shall still apply to such nude appearance.

(2) In the event of a contract for nude modeling or appearance signed more than 48 hours in advance of the modeling or appearance, the individual to appear nude shall not be required to obtain a license pursuant to this chapter. During such unlicensed nude appearance, it is unlawful to:

(a) appear nude or seminude in the presence of persons under the age of 18;

(b) allow, offer or agree to any touching of the contracting party or other person by the individual appearing nude;

(c) allow, offer or agree to commit prostitution, solicitation of prostitution, solicitation of a minor, or committing activities harmful to a minor;

(d) allow, offer, commit or agree to any sex act as validly defined by County ordinances or state statute;

(e) allow, offer, agree or permit the contracting party or other person to masturbate in the presence of the individual contracted to appear nude; or

(f) allow, offer or agree for the individual appearing nude to be within five feet of any other person while performing or while nude or seminude. (Ord. 95-19, 9/12/95;Ord. 92-5, 9/1/92)