ARTICLE II. - ENTERTAINMENT IN ESTABLISHMENTS WITH LIQUOR LICENSE
Part of the Code of Ordinances of Tiverton, RI.
The text
Footnotes:
--- (2) --- Editor's note— An ordinance of 4-24-00 repealed article II, §§ 6-26—6-31, in its entirety and replaced it with a new article II, §§ 6-26—6-30. Former article II pertained to similar material and derived from the Code of 1967, §§ 5-1, 5-3—5-7.
Cross reference— Businesses, ch. 22.
Sec. 6-26. - Legislative findings and intent.#
The town council has the authority and responsibility to regulate, conduct and legislate on matters of local concern affecting the public health, safety and welfare.
Business establishments that serve alcoholic beverages for consumption on the premises are subject to regulation by the town council due to the affects of consumption of alcoholic beverages. Conduct at or within those establishments merits appropriate regulation to prevent risks to public health, to preserve public safety and to minimize criminal activities.
Establishments which promote adult, sexually oriented entertainment of certain types, including but not limited to nudity and sexual performances have been known to have direct and secondary impacts on the surrounding community which negatively effect the public health, safety and welfare.
It is not the intent of this article to inhibit the free speech and expression of any art or speech nor to suppress any activities protected by the First Amendment to the Constitution of the United States, or article I., section 21 of the Constitution of the State of Rhode Island and Providence Plantations, nor is it the intent to condone or legitimatize any obscene, illicit or illegal acts, materials or activities.
The intent of this article is to promote sanitary conditions, prevent opportunities for criminal activity, preserve property values, prevent the spread of disease and promote the public health, safety, morals and welfare.
(Ord. of 4-24-00)
Sec. 6-27. - Definitions.#
Unless the context otherwise requires, as used in this article, the following words and phrases shall have the meaning and be defined as provided herein.
Alcoholic beverage shall mean and include any liquid which either by itself or by mixture with any other liquid or liquids is or may become fit for human consumption as a drink and which contains five-tenths of one percent or more of alcohol by weight, meaning and intending distilled spirits, wine or fortified wine, beer and malt beverages.
Employee shall mean and include any person providing services of any kind in or on a licensed premises for wages, gratuities, other remuneration, or compensation of any kind, or under any contract of employment, oral or written, express or implied with any person and meaning and intending to include but not be limited to: guides, ushers, escorts, waiters, waitresses, servers, hosts, hostesses, bartenders and the like.
Entertainer shall mean any person who performs or presents entertainment at or upon any licensed premises for a fee, tip, gratuity, compensation or other remuneration, either as an employee, contractor or invited guest of the business establishment.
Licensed premises shall mean and include any premises within and upon which alcoholic beverages are sold or served for consumption on the premises pursuant to a license or permit issued by the town or otherwise, and shall include premises which allow for the consumption of alcoholic beverages in or on the premises on a "bring your own" basis.
Operator shall mean and include the owner, license holder, manager, person in charge or any person operating a licensed premises.
Patron shall mean and include any natural person who is a guest, member, customer or invitee on or in the licensed premises.
Person shall mean and include any natural person, corporation, partnership, association or any other legally recognized entity.
(Ord. of 4-24-00)
Sec. 6-28. - Prohibited conduct.#
(a)
No operator shall, on licensed premises, suffer or permit:
(1)
Any female employee or entertainer to expose to public view the female breast uncovered or bare at or below the areola area or to exhibit the female breast covered with a transparent or semitransparent material which exposes to public view the breast at or below the areola area;
(2)
Any person to expose to public view the bare or uncovered buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair of any person or to exhibit the buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair of any person covered with a transparent or semitransparent material which exposes to public view the buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair of any persons;
(3)
Any person to perform, engage or participate in acts which constitute or simulate the following:
a.
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
b.
The touching fondling or caressing of the breast, buttocks, anus or genitals;
(4)
Any person to utilize artificial devices or inanimate objects to perform, simulate, or depict any of the acts prohibited in subsections (a), (b) and (c) hereof; and
(5)
Any person to show, display or exhibit in or on any licensed premises any film, video, still picture, electronic reproduction or image of any act or conduct prohibited by subsections (a), (b) and (c) hereof.
(b)
No person, including a patron, while present on licensed premises, shall:
(1)
Expose to public view his or her own bare or uncovered buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair or exhibits his or her buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair covered with a transparent or semi-transparent material which exposes to public view his or her buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair;
(2)
Perform, engage or participate in acts which constitute or simulate the following:
a.
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
b.
The touching, fondling or caressing of the breast, buttocks, anus or genitals;
(3)
Utilize artificial devices or inanimate objects to perform, simulate, or depict any of the acts prohibited by subsections (a), (b) and (c) hereof.
(c)
No female employee or entertainer shall expose to public view her breast uncovered or bare at or below the areola area or exhibit her breast covered with a transparent or semi-transparent material that exposes to public view the breast at or below the areola area.
(Ord. of 4-24-00)
Sec. 6-29. - Violations and penalties.#
(a)
It shall be unlawful for any person to fail to comply with the provisions of this article or to perform or commit any act prohibited by this article. The commission of any prohibited act or refusal to comply with any requirement of this article is hereby declared to be a violation. Each such act or event shall be and constitute a separate violation or offense.
(b)
Any person, entertainer, patron or operator who violates any provision of this article shall upon conviction be punished by a fine not to exceed $500.00 and/or imprisonment not to exceed one year.
(c)
The violation of any provision of this article by the operator of any licensed premises shall be deemed a public nuisance and shall constitute grounds for the suspension or revocation of any and all alcoholic beverage licenses or other licenses issued to the premises or operator.
(Ord. of 4-24-00)
Sec. 6-30. - On Sundays.#
Holders of restaurant and liquor licenses shall procure a further permit from the town clerk for dancing or any other form of entertainment on Sundays. The fee for such permit shall be set from time to time by the council and a schedule containing such fee is on file and available in the town offices. Such licensees shall pay for whatever police protection service may be necessary.
(Ord. of 4-24-00)