Every license issued under this section is subject to the following conditions.
(1) License nontransferable—close out of business. No license issued under this section shall be transferable or assignable. If a licensee voluntarily or involuntarily terminates the business for whatever reason or reasons during the term for which the license was issued, the licensee shall, within five days from the date of such termination, give the director of budget and fiscal services written notice thereof and surrender the licensee’s license for cancellation;
(2) Posting. Any license issued under this section shall be posted in a conspicuous place on the licensed premises where any person may examine same;
(3) Obscene, indecent, or immoral public show prohibited—applicable standard. No licensee shall present or permit the presentation of an obscene, indecent, or immoral public show on or within the licensed premises. To determine whether a public show is obscene, indecent, or immoral, the following standard which was established by the United States Supreme Court in Miller v. California (41 U.S. 15 (1973)), shall be applied:
(A) Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;
(B) Whether the work depicts or describes, in a patently offensive way, sexual conduct such as:
(i) Representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or
(ii) Representations or descriptions of masturbation, excretory functions, and lewd exhibitions of the genitals.
(C) Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(Sec. 13-38.3, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 41, Art. 15, § 41-15.3)