(A) Legislative Findings and Intent.
(1) The Town Council has the authority and responsibility to regulate conduct in places accessible to the public and to legislate on matters of local concern for the protection of the public health, safety, morals and welfare;
(2) Business establishments which serve alcoholic or cereal malt beverages for consumption on the premises are subject to intensive regulation due to the effects of consumption of intoxicating beverages. The conduct of all persons in such establishments merits appropriate regulation to prevent health risks, to preserve safety and welfare, and to minimize criminal activities.
(3) Establishments which promote adult, sexually oriented entertainment of certain types, including nudity and sexual performances, have been known to have direct and indirect adverse consequences which negatively affect the public health, safety and welfare of the surrounding community. Numerous studies have shown a direct relationship between the operation of adult entertainment businesses in a particular community and crime and deteriorating property values in that community.
(4) Nudity and sexual performances may be lawful in certain situations and non-public venues. It is not the intent of this section to inhibit free expression of any art or speech nor to suppress any speech activities protected by the First Amendment of the United States Constitution or Art. 1, Section 21, of the Rhode Island Constitution.
(5) The intent of this section is to regulate adult entertainment in establishments serving alcoholic beverages so as to promote sanitary conditions, prevent the spread of disease, reduce opportunities for criminal activity. preserve property values, and protect the public health, safety, morals and welfare.
(B) Applicability. This section shall apply to all business establishments in the town which serve alcoholic beverages or cereal malt beverages for consumption on the premises, whether licensed or not, or which allow alcoholic beverages or cereal malt beverages to be consumed on the premises on a so-called "bring-your-own" basis; to all operators, employees and entertainers of such establishments; and to all persons while patrons of such establishments.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. All alcoholic, distilled spirits, wine or fortified wine, and beer and malt beverages, whether or not diluted or mixed with any other liquid, which contain 0.5% or more alcohol by weight and are served or made available for human consumption.
EMPLOYEE. Any person providing services of any kind on licensed premises for wages, gratuities, or any other kind of compensation. Examples of such employees include guides, ushers, escorts, waiters, waitresses, servers, hosts, hostesses, and bartenders.
ENTERTAINER. Any person who performs or presents entertainment on licensed premises for wages, gratuities, or any other kind of compensation, whether as an employee, contractor or guest of the establishment.
LICENSED PREMISES. Any premises 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 any premises which allow for the consumption of alcoholic beverages on the premises on a "bring-your-own" basis.
OPERATOR. The property owner, owner of the business, license holder, manager, person in charge, or any person operating a licensed premises.
PATRON. Any person who is a guest, member, customer or invitee in or on a licensed premises.
PERSON. Any natural person, corporation, partnership, association or any other legally recognized entity.
PROSCRIBED SEXUAL ACTIVITY.
(a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts prohibited by law; and
(b) The display of post-pubertal human genitals, buttocks or pubic area, or the female breast below the top of the nipple.
(D) Prohibited Conduct.
(1) No person on a licensed premises shall:
(a) Perform or simulate any proscribed sexual activity.
(b) Use any artificial device or inanimate object to perform, simulate or depict any proscribed sexual activity.
(c) Show, display or exhibit any film, video, picture, electronic reproduction or any other visual reproduction or image of any proscribed sexual activity.
(d) Expose to public view his or her bare or uncovered buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair, and no person shall expose to public view breast or breasts below the top of the nipple. For the purposes of this subsection, exposure to public view occurs whether or not these body areas or parts are covered or screened with a transparent or semi-transparent material.
(e) Engage in or allow the touching, fondling or caressing of breasts, buttocks, anus or genitals.
(2) Every operator and employee of a licensed premises shall not allow and has an affirmative duty to prevent any violation of subsection (D)(1) above.
(Ord. 98-3, passed 3-2-98) Penalty, see § 111.99(B)