Section 318.5 Of Chapter 8. Indecent Exposure, Obscene Exhibitions, And Bawdy And Other Disorderly Houses From California Penal Code >> Title 9. >> Part 1. >> Chapter 8.
318.5
. (a) Nothing in this code shall invalidate an ordinance of,
or be construed to prohibit the adoption of an ordinance by, a county
or city, if that ordinance directly regulates the exposure of the
genitals or buttocks of any person, or the breasts of any female
person, who acts as a waiter, waitress, or entertainer, whether or
not the owner of the establishment in which the activity is performed
employs or pays any compensation to that person to perform the
activity, in an adult or sexually oriented business. For purposes of
this section, an "adult or sexually oriented business" includes any
establishment that regularly features live performances which are
distinguished or characterized by an emphasis on the exposure of the
genitals or buttocks of any person, or the breasts of any female
person, or specified sexual activities that involve the exposure of
the genitals or buttocks of any person, or the breasts of any female
person.
(b) The provisions of this section shall not be construed to apply
to any adult or sexually oriented business, as defined herein, that
has been adjudicated by a court of competent jurisdiction to be, or
by action of a local body such as issuance of an adult entertainment
establishment license or permit allowing the business to operate on
or before July 1, 1998, as, a theater, concert hall, or similar
establishment primarily devoted to theatrical performances for
purposes of this section.
This section shall be known and may be cited as the "Quimby-Walsh
Act."