Sec. 23-67. Obscene live public performance.
A. Any person who willfully and knowingly performs or engages in an obscene live public performance, or who directs, manages, conducts, finances or presents an obscene live public performance is guilty of a misdemeanor.
B. Definitions.
1. Live public performance means any live dance, show, play or presentation before another person or persons in a place open to the public.
2. A live public performance is obscene within the meaning of this ordinance when:
a. The average person, applying contemporary State standards, would find that the performance, taken as a whole, appeals to the prurient interest; and
b. The performance depicts in a patently offensive way sexual activity as defined herein; and
c. The performance, taken as a whole, lacks serious literary, artistic, political or scientific value.
3. Sexual activity means:
a. Patently offensive presentations or depictions of ultimate sexual acts, normal or perverted, actual or simulated; or
b. Patently offensive presentation or depictions of nudity, masturbation, excretory functions, or sadomasochistic abuse.
4. Ultimate sexual acts means analingus, sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy. A sexual act is simulated when it depicts explicit sexual activity which gives the appearance of consummation of ultimate sexual acts.
5. Nudity means the showing of the human male or female genitals, pubic area, anus, or the areola or nipple of the female breast, with less than a fully opaque covering.
C. This ordinance does not apply where spirituous liquor as defined by A.R.S. § 4-101 is sold, served or dispensed and where a State liquor license is required by law. (Code 1962, § 27-38; Ord. No. G-1519, § 1)
State law reference—Public presentation of obscenity, A.R.S. § 13-3502.