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promoting the economic interests of any type of business enterprise. It is also the intent of the County to
<br /> further the government's interest in avoiding the harmful secondary effects of public nude conduct such
<br /> as prostitution, sexual assaults, and criminal activity.See, e.g., Barnes v. Glen Theatre, Inc., 501 U.S. 560
<br /> (1991); Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); Ways v. City of Lincoln, 331 F.3d 596 (8th Cir.
<br /> 2003). The legislative record documents and the Board's legislative findings concerning negative
<br /> secondary effects, which are found in Section 3.29 of the Hall County Zoning Resolution, are
<br /> incorporated herein by reference. This prohibition on public nude conduct is not intended to extend to any
<br /> expression of opinion or the performance of a bona fide play, ballet, or drama which may not be
<br /> prohibited under the First Amendment to the Constitution of the United States or by Article I, §5 of the
<br /> Constitution of the State of Nebraska. The provisions of this Ordinance have neither the purpose nor
<br /> effect of imposing a limitation or restriction on exercises of free speech that are protected by the First
<br /> Amendment.
<br /> SECTION 2. Definitions: For purposes of this Ordinance, and where not inconsistent with the
<br /> context of a particular section, the defined terms, phrases, word, abbreviations, and their derivations shall
<br /> have the meaning given in this section. When not inconsistent with the context, words in the present
<br /> tense include the future-tense, words used in the plural number include words in the singular number and
<br /> words in the singular number include words in the plural number. The word"shall" is always mandatory,
<br /> and not merely directory.
<br /> a) Nude, nudity, or a state of nudity means the showing of the
<br /> human male or female genitals or pubic area with less than a fully opaque
<br /> covering, the showing of the female breast with less than a fully opaque covering
<br /> on any part of the areola and nipple, or the showing of covered male genitals in a
<br /> discernibly turgid state.
<br /> b) Public place means all spaces owned by or open to the general
<br /> public, whether or not an admission or cover charge is levied for entrance
<br /> thereto; and public streets, sidewalks, alleys, or other public thoroughfares, and
<br /> areas in or such close proximity thereto, as to be observed by the public traveling
<br /> on such street, sidewalk,or other thoroughfare.
<br /> SECTION 3. Nudity,Prohibited:
<br /> It shall be unlawful for a person to, knowingly or intentionally, in a public place or in any place
<br /> open to the public, appear nude or in a state of nudity.
<br /> SECTION 4. Sexual Contact, Prohibited:
<br /> a) It shall be unlawful for any employee or performer (including
<br /> amateur performers) in any business or commercial establishment to have any
<br /> sexual contact with any other employee, performer, person,or patron for gratuity,
<br /> pay or other remuneration, direct or indirect, or in conjunction with or as part of
<br /> any performance or entertainment in any business or commercial establishment.
<br /> b) It shall be unlawful for any person or patron to have sexual
<br /> contact with any employee or performer in any business or commercial
<br /> establishment.
<br /> c) For the purposes of this section, sexual contact shall mean the
<br /> intentional touching between any person, patron, a performer, or employee
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