Kortz

Plaintiff Renba Lil, a corporation, brought this action for an injunction against the Chief of Police and the City Prosecutor of the City of Long Beach to restrain enforcement of Long Beach Municipal Code sections 4195 to 4195.4 relating to nudity of waiters, waitresses, and entertainers in establishments which serve food or beverages. The trial court granted a temporary restraining order and a preliminary injunction against enforcement of the ordinance. Defendants appeal from the order granting a preliminary injunction. (Code Civ. Proc., § 904.1, subd. (f).)

In Penal Code sections 318.5 and 318.6 the Legislature made clear its intent to permit cities and counties to regulate “topless” and “bottomless” exposure of waiters, waitresses, and entertainers in establishments serving food and drink, except theaters and similar establishments, and to regulate such exposure in relation to “live acts, demonstrations, or exhibitions in public places,” except theaters and similar establishments, insofar as any such regulation might otherwise have invaded a field previously held to have been preempted by the state. (Crownover v. Musick, 9 Cal.3d 405, 416 [ 107 Cal.Rptr. 681 , 509…