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121 of 1971 - Amending Chapter 20, by adding Section 20-20-18, prohibiting conduct and representations for public ' M1VLL ♦..r.LL F December 21 1 VOTING Aye N Salt Lake City,Utah ,197. Barker . . . . r Cafmuli I move that the Ord'zar� e be passed. D ) Garn / Harrison Mr.Chairman . Result . AN ORDINANCE /' AN ORDINANCE AMENDING Chapter 20 of Title 20, of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to license and business regulation, by adding thereto a new section, to be known as Sec. 20-20-18. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That Chapter 20 of Title 20, of the Revised Ordin- ances of Salt Lake City, Utah, 1965, relating to license and business regulation, be, and the same hereby is, amended by adding thereto a new section, to be known as Sec. 20-20-18, relating to prohibited con- duct and representations, to read as follows: Sec. 20-20-18. Prohibited conduct and representations. It shall be unlawful for any licensee under Chapter 20 of Title 20 of these Revised Ordinances, or any operator, agent or employee of such licensee to hold, conduct, carry-on, exhibit or permit to be held, carried-on, or exhibited any motion picture, live exhibition, presentation or entertain- ment of any kind or nature which presents to public view any of the following: 1. The covered or uncovered male genitals in a discern- ible turgid state. 2. The human male or female genitals with less than a fully opaque covering; provided however, that this sub- section shall not apply to a motion picture sequence de- picting the birth of a child for educational purposes. 3. Acts of simulated or actual: a) Masturbation; b) Human sexual intercourse; c) Sexual copulation between a human and a beast; d) Fellation; e) Cunnilingus; f) Bestiality; g) Pederasty; h) Buggery; or i) Any anal copulation between a human male and another human male, human female, or beast. 4. The simulated or actual manipulating, caressing or fond- ling by any person of: a) the genitals of a human; b) the covered or uncovered pubic area of a human; or 21 c) the covered or uncovered human female breast; provided however, that this subsection shall not be inter- preted to include within the scope of its prohibition the nursing of an infant child. 5. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed. License granted by the city under Chapter 20 of Title 20 may be suspended or revoked by the Board of City Commissioners for a violation of any provision of this section. Any suspension or revocation of a license pursuant to this section shall not be had until a hearing is first held before the City Commission. Reasonable notice of the time and place of such hearing, together with notice of the nature of charges or complaint against the licensee or its premises, sufficient to reasonably inform the licensee and enable him to answer such charges or complaint, shall be served upon the licensee. The licensee shall have the right to appear at said hearing in per- son or by counsel, present evidence, present argument on licen- see's behalf, cross-examine witnesses and in all proper ways defend licensee's position. The Board of City Commissioners shall make a ruling and decision based on the evidence presented to it at the hearing so held; thereafter, it shall enter written Findings-of-Fact, Conclusions-of-Law and a written Order of Decision. If any part of this section or the application thereof to any person or circumstances, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this law or the application thereof to other persons and circumstances, but shall be confined in its oper- ation to the section, subdivision, sentence or part of the sec- tion and the persons and the circumstances directly involved in the controversy in which such judgment shall have been ren- dered. It is hereby declared to be the intent of the Board of City Commissioners that this section would have been adopted if such invalid section, provision, subdivision, sentence or part of the section or application had not been included. SECTION 2. In the opinion of the Board of Commissioners, it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City that this ordinance become effective immediately. SECTION 3. This ordinance shall take effect upon its first publication. FAILED OF PASSAGE Alma by the Board of Commissioners of Salt Lake City, Utah, this 21st day of December /1971. �7 ,<//2i.�j_ /1z.k',' CITY COIMISSIONER City ,r (SEAL) BILL NO. 121 of 1971 (NOT PUBLISHED) 1_21