57-4-204 - Prohibited sexual or pornographic conduct Enforcement.
57-4-204. Prohibited sexual or pornographic conduct Enforcement.
(a) In addition to the other duties imposed under this title, the commission is authorized to enforce the provisions of subsections (b), (c), and (d); and upon violation of such subsections by any person, firm or corporation licensed under the provisions of this chapter, the commission shall revoke the privilege license of such violator.
(b) The following acts or conduct on licensed premises are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted:
(1) To employ, use or allow any person in the sale or service of alcoholic beverages or malt beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals;
(2) To employ, use or allow the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in subdivision (b)(1);
(3) To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person;
(4) To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
(c) (1) Conduct or acts on licensed premises in violation of this subsection are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted.
(2) Live entertainment is permitted on any licensed premises, except that:
(A) No licensee shall permit any person to perform acts of or acts which simulate:
(i) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
(ii) The touching, caressing or fondling of the breast, buttocks, anus or genitals; or
(iii) The displaying of the pubic hair, anus, vulva or genitals.
(B) Subject to the provisions of subdivision (2)(A), any entertainer who is employed in whole or in part by the licensee to dance at such licensee's premises shall perform only upon a stage at least eighteen inches (18²) above the immediate floor level and removed at least six feet (6¢) from the nearest patron.
(3) No licensee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above.
(4) No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of the person's genitals or anus.
(d) The following conduct or acts on licensed premises are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted:
(1) The showing of film, still pictures, electronic reproduction, or other visual reproductions depicting:
(A) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
(B) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals;
(C) Scenes wherein a person displays the vulva or the anus or the genitals; or
(D) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.
(e) Each county, city, or metropolitan government is empowered upon approval by a two-thirds (2/3) vote of its legislative body to authorize its law enforcement officers to conduct investigations into alleged violations of subsections (a)-(d), and such law enforcement officers shall report such violations to the commission for appropriate action by such commission.
(f) The commission shall be immune from liability resulting from conduct or acts of any law enforcement officers authorized to investigate violations of subsections (a)-(d) as provided in subsection (e).
[Acts 1980, ch. 904, §§ 1-3.]