ORDINANCE NO. 114-14 (5/23/14)

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ORDINANCE NO.  114-14

ORDINANCE TO AMEND SECTION 19-552 OF THE

CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA

BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1.  Amendment. That Section 19-552 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read as follows:

Sec. 19-552. Nudity, sexual conduct prohibited.

(a)    No person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage, or any simulation thereof in an establishment dealing in alcoholic beverages.

(b)    No female person shall expose to public view any portion of her breasts below the top of the areola or any simulation thereof in an establishment dealing in alcoholic beverages.

(c)     No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any person to expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage or simulation thereof within the establishment dealing with alcoholic beverages.

(d)     No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any female person to expose to public view any portion of her breasts below the top of the areola or any simulation thereof within the establishment dealing in alcoholic beverages.

(e)     No person shall engage in, and no person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit, any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, touching, caressing or fondling of the breasts, buttocks, anus, or genitals or the simulation thereof within an establishment dealing in alcoholic beverages.

(f)       No person shall cause and no person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit the exposition of any graphic representation, including pictures or the projection of film, which depicts human genitals, pubic area, vulva, anus, anal cleft or cleavage, female breasts below the top of the areola, sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act prohibited by law, touching, caressing or fondling of the breasts, buttocks, anus, or genitals, or any simulation thereof within any establishment dealing in alcoholic beverages.

(g)  The above subsections (a) through (f) shall not apply to any legitimate, mainstream movie theater that shows G, PG, PG-13, or R rated movies, as designated by the Motion Picture Association of America. As used in this subsection, “movie theater” means a motion picture theater that is being utilized solely for exhibition of motion pictures.  No films, still pictures, electronic reproductions or other visual reproductions which are in violation of the Alabama Anti-Obscenity Enforcement Act codified at §§13A-12-200.1 to 13A-12-200.12 of the Code of Alabama, or are in violation of federal law regarding pornography, indecency or obscenity shall be shown or displayed in any movie theater that is allowed to sell alcoholic beverages for on premises consumption pursuant to a valid license.

Section 2.  Repeal of Conflicting Provisions.   All other ordinances or parts thereof which are in conflict with this Ordinance and the section hereby adopted are hereby repealed.

Section 3.  Severability.  The provisions of this Ordinance are declared to be severable and if any provision of this Ordinance is declared to be invalid by a court of competent jurisdiction, this determination shall not affect, impair, or invalidate the remainder of this Ordinance, but shall be confined in its operation to the section, paragraph, subparagraph, clause or phrase of this Ordinance in which such determination shall have been made.

Section 4.  Effective Date.  This Ordinance shall take effect and be enforced immediately upon its adoption and publication as required by law.

Section 5.  Publication.  The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED this the 20th day of May, 2014.

/s/ C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE

CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 21st, day of May, 2014.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 2st, day of May, 2014.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 5/23/14

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