ROV A$`

T FORM AND L.~

GALITY

INTRODUCED BY COUNCILMEMBER I ~ - CI Y ATTOR Y

ORDINANCE NO. 1 x.
918 C. M. S.
ORDINANCE AMENDING OAKLAND MUNICIPAL CODE CHAPTER
5,ARTICLE 4,SECTION 4.
07, RELATING TO LOCAL REGULATION
OF CABARETS AND FEMALE ENTERTAINERS

WHEREAS, Chapter 5, Article 4, Section 4. 07 of the Oakland Municipal Code (OMC),

enacted in 1972, regulates the operation of cabarets by prohibiting the construction within a
cabaret of private rooms or booths with closed stalls, and further prohibiting any female
entertainer or employee of the cabaret from leave thepremises of a cabaret in the company of a
patron; and

WHEREAS, the portion of Section 07 5- 4.prohibiting female entertainers or employees

from leaving a cabaret in the company of a patron is, by current standards, impermissibly vague,
not narrowly tailored to accomplish its intended
purpose, and violative of equal protection
standards;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND

HEREBY ORDAINS AS FOLLOWS:

Oakland Municipal Code Chapter 5,Article 4,Section

, 4.07 is hereby amended to remove
language that does not meet current legal standards, and as amended shall read:

SEC. 07_.
5- 4. CABARETS. BOOTHS. ENTERTAINERS, ETC. It shall be
unlawful for any person operating a cabaret under the provisions of Section 05
5- 4.
of this Article, or any cabaret whatsoever in the City of Oakland, or
any agent,
employee or representative of such person, to erect, construct, maintain, or cause
or permit to be erected, constructed or
maintained, within such cabaret any private
rooms, booths or compartments, or any closed stalls, or any alcoves of any nature,
so arranged that the entire inner portion of the same shall not at all times be visible;
or to permit any conduct in such
place prejudicial to public morals, or to permit
any entertainment in such cabaret, except that which is furnished by entertainers
employed by the management of such cabaret."

IN COUNCIL, OAKLAND, CALIFORNIA, _ 2 996

N~~ ~ , 19

PASSED BY THE FOLLOWING VOTE:

AYES- f'
D~
l
T dRI,'
CHANG, E, JORDAN, MILEY, S,
RUSSOI!~
6iiGf>:
WOODS-JONES, and PRESIDENT
HARRIS~-(~
NOES- ~~~

ABSENT-~N
F- ,
ABSTE~,NTIOoN-~~ S~~.
g~ ATTEST: `'
i

85446-1 ~~~~~~ ~ CEDA FLOYD

3 City Clerk and Clerk of the

600-241 (1/
95) of the City of Oakland, Ca