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4 14 <br /> 1 Commissioner Rich said the wording of this definition was strange and discriminatory to <br /> 2 the female body by identifying the bare female chest as obscene but not the bare male chest as <br /> 3 such. <br /> 4 Michael Harvey said this stems from the obscenity statute. <br /> 5 Commissioner Rich asked if the language must follow the statute. She said the <br /> 6 woman's body is constantly being put down and this reinforces that a woman's breasts should <br /> 7 not be seen. <br /> 8 James Bryan said he could review the issue. <br /> 9 Commissioner Rich asked if there could be clarity regarding the definition of male <br /> 10 genitalia. <br /> 11 Michael Harvey said he is unsure of her question. <br /> 12 Commissioner Rich said she does not understand why male genitalia is listed as <br /> 13 obscene, and that her teenage sons were naked in their home. <br /> 14 Michael Harvey said these definitions are referring to sexually oriented businesses and <br /> 15 an effort to keep these businesses operating appropriately. <br /> 16 Commissioner Dorosin said the ordinance is designed to keep actual live sex shows <br /> 17 from taking place. <br /> 18 Commissioner Rich said is struggling with the definition and she would like it to be more <br /> 19 general. <br /> 20 Michael Harvey said the specificity insures that some of the concerns expressed by <br /> 21 Commissioner Rich do not fall into an over ambiguous category, where unnecessary regulation <br /> 22 occurs; while allowing for the regulation of activities that have been deemed to be classified as <br /> 23 sexually oriented businesses. <br /> 24 Commissioner Dorosin said nude dancing cannot be regulated as it is protected by the <br /> 25 first amendment; but actual live sex shows can be regulated. <br /> 26 Commissioner Rich said the language requires that a woman, who is dancing nude, <br /> 27 must cover her breasts. <br /> 28 Michael Harvey said the language says that a woman wearing pasties is not considered <br /> 29 to be nude, or in a state of nudity. <br /> 30 Commissioner Rich said she would like to see the language include both male and <br /> 31 female. <br /> 32 Commissioner Jacobs asked if alcohol could be sold if the business is a private club. <br /> 33 Michael Harvey said he would refer to the attorney, but added that a private club could <br /> 34 serve alcohol but a private club could not be a sexually oriented business as alcohol is being <br /> 35 sold and consumed. <br /> 36 Commissioner Jacobs gave the example of a country club that served alcohol. He <br /> 37 asked if a man swimming topless at the country club pool would be in violation of the ordinance, <br /> 38 as alcohol is being served and he is shirtless. <br /> 39 Michael Harvey said the man would not be at a sexually oriented business or engaging <br /> 40 in a sexual activity. <br /> 41 Commissioner Jacobs asked if the country club would be a sexually oriented business if <br /> 42 the wait staff were to be topless. <br /> 43 Michael Harvey said yes. He said if one is engaging in a business practice or activity <br /> 44 where one is enjoying a meal while also ogling naked members of the opposite sex then the <br /> 45 nature of the business meets the standard of a sexually oriented business. He said getting out <br /> 46 of the pool without a shirt has nothing to do with offering a service for compensation or for any <br /> 47 form of pay. <br /> 48 Commissioner Jacobs asked what would happen if the wait staff were dressed in bathing <br /> 49 suits. <br />