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Chapter 3 ALCOHOLIC BEVERAGES*
Section 3-56 Obscene, lewd or indecent entertainment prohibited on premises where alcoholic beverages are offered for sale.
(a) Findings; public purpose. Based on the demonstrated experience of other local governments, including, but not limited to, Peach County, Georgia; Oklahoma City, Oklahoma; Garden Grove, California, and Houston, Texas, which experience the mayor and council have found to be relevant to certain problems that face the City of Thomasville, Georgia, and based on the evidence reviewed by the mayor and council prior to the consideration of the ordinance codified in this section, the mayor and council take note of the notorious and self-evident conditions and secondary effects attendant to the commercial exploitation of human sexuality, particularly the problems of crime, blight, and deterioration which are brought about by alcohol and live nudity which do not vary greatly among the various communities within our country. Based on a review of the evidentiary materials from other communities referred to above, it is the finding of the mayor and council that public nudity (either partial or total) under circumstances related to the sale and consumption of alcoholic beverages in so-called "nude bars" or establishments offering so-called "nude entertainment" or "adult entertainment" in conjunction with the sale of alcoholic beverages begets criminal behavior and tends to create undesirable community conditions. Among the acts of criminal behavior reported to be associated with nudity and alcohol are disorderly conduct, prostitution, public indecency and drug trafficking. Among the undesirable community conditions identified with the concentration of adult entertainment establishments are depreciation of property values in neighborhoods surrounding nude bars or adult entertainment establishments where alcoholic beverages are sold, increased expenditures for and allocation of law enforcement personnel to preserve law and order, increased burdens on the judicial system as a consequence of the criminal behavior hereinabove described, and acceleration of community blight by the concentration of adult establishments in particular areas. Other negative effects learned about by the mayor and council are the apparent connection of these establishments to organized crime and illegal drug sales, the potential spread of communicable diseases to law enforcement personnel who answer calls at adult establishments and to patrons of such establishments, and the potential proliferation of adult entertainment establishments after the initial siting of an adult entertainment establishment in a particular neighborhood. The mayor and council therefore find that it is in the best interest of the health, welfare, safety and morals and preservation of Thomasville's businesses, neighborhoods, churches, schools, and parks to prevent the adverse impact of adult entertainment establishments. Therefore, the mayor and council find that the prohibition of live nude conduct in establishments licensed to serve alcohol for consumption on the premises is in the public welfare by furthering legitimate government interests, such as reducing criminal activity, protection against property devaluation and deterioration, and eliminating undesirable community conditions normally associated with establishments which serve alcohol and allow and/or encourage nudity, and that such prohibition will not infringe upon the protected constitutional rights of freedom of speech. To that end, this section is hereby adopted. (b) Definitions. As used in this section, the following words shall have the meaning as set forth below unless otherwise required by context: Alcoholic beverages means and includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine as more specifically defined in section 3-1 of this Code. Business establishment means a business within the city where alcoholic beverages are offered for sale for consumption on the premises pursuant to a license issued by the city. License means a license for sale for consumption on the premises of alcoholic beverages issued by the city. Licensee means any person to whom a license for sale for consumption on the premises of alcoholic beverages has been issued by the city, including the officers and agents of the licensee. Live means any activity or entertainment which is carried on by an actual living person in the physical presence of the patrons. Live entertainment means entertainment for the benefit of patrons which is carried on in the actual physical presence of such patrons, including, but not limited to dancing. Person means a human being. Specified anatomical areas means any of the following: a. Less than completely and opaquely covered human genitals or pubic region; cleft of the buttocks; or any portion of the female breast encompassed within an area falling below the horizontal line one would have to draw to intercept a point above the top of the areola, or any portion of the areola, or any simulation thereof. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed; b. Human male genitalia in a discernible turgid state, even if completely and opaquely covered. Specified sexual activities means and includes any of the following: a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; c. Masturbation, actual or simulated; d. The displaying of the male or female pubic hair, anus, vulva or genitals; or e. Excretory functions as part of or in connection with any of the activities set forth in items a. through d. above. (c) Conduct prohibited. The following types of entertainment, attire and conduct are prohibited upon any premises licensed to sell, serve or dispense alcoholic beverages for consumption on the premises with the city limits of Thomasville, Georgia: (1) The employment or use of any person live, in any capacity, in the sale or service of alcoholic beverages or food while such person is unclothed or in such attire, costume or clothing, as to expose any portion of his or her specified anatomical areas; (2) Live entertainment where any person appears unclothed or in such attire, costume or clothing as to expose any portion of his or her specified anatomical areas or where such person performs acts of specified sexual activities or acts which simulate specified sexual activity, as defined herein; (3) The holding, promotion, sponsoring or allowance of any contest, promotion, special night, event or any other activity where live patrons of the licensed establishments are encouraged or allowed to engage in any of the conduct prescribed in subsections (1) and (2) above. (d) Penalties. (1) It shall be unlawful for any person to perform any acts prohibited in subsection (c) of this section above and any such conduct will be a violation of this Code and shall be punishable in the municipal court of the city as provided under section 4.13 of the charter of the City of Thomasville. (2) It shall be unlawful for a licensee to permit any conduct prohibited in subsection (c) of this section above which he knows or has reasonable cause to know is taking place on the premises. Any such conduct by a licensee shall be a violation of this Code and shall be punishable in the municipal court of the city as provided under section 4.13 of the charter of the City of Thomasville. Also, upon conviction, a licensee may have his license revoked or suspended as provided in section 3-25 of this Code. (Ord. of 3-24-97(3), I)
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