Section 5.72.085 Legitimate artistic modeling

A. The City does not intend to unreasonably or improperly prohibit legitimate modeling which may occur in a state of nudity or semi-nudity for purposes protected by the First Amendment or similar State protections. The City does intend to prohibit prostitution and related offenses, including indecent public displays as defined in UCA annotated 76-10-1227, occurring under the guise of nude modeling. Notwithstanding the provisions of Section 5.72.240, a licensed outcall employee may appear in a state of nudity before a customer or patron, providing that a written contract for such appearance was entered into between the customer or patron and the employee and signed at least twenty-four hours before the nude appearance. All of the other applicable provisions of this Chapter shall apply to such nude appearance.

B. In the event a contract for nude modeling or appearance is signed more than forty-eight hours in advance of the modeling or appearance, the individual to appear shall not be required to obtain a license pursuant to this Chapter. During such unlicensed nude appearance, it is unlawful to:

1. Appear nude or semi-nude in the presence of persons under the age of eighteen;

2. Allow, offer, or agree to any touching of the contracting party or other person by the individual appearing nude;

3. Allow, offer, or agree to commit prostitution, solicitation of prostitution, solicitation of a minor, or committing activities harmful to a minor;

4. Allow, offer, or agree to any specified sexual activities as defined by City ordinances or State statute;

5. Allow, offer, agree or permit the contracting party or other person to masturbate in the presence of the individual contracted to appear nude;

6. Allow, offer, or agree for the individual who is appearing nude to be within five (5) feet of any other person who is nude or semi-nude.