§ 12-167. Nude entertainment prohibited in establishments that serve alcohol.

(a)

Public purpose.

(1)

Based upon the demonstrated experience of other counties and municipalities, including but not limited to, Austin, Texas, and Garden Grove, California, which experience is found to be relevant to the problems that face the City, and based upon documentary evidence and oral testimony made available by citizens and other interested persons, many of whom are familiar with conditions resulting in the City and in other localities, at a public hearing held November 21, 1996, and based on the evidence and testimony of persons who have appeared before members of the City Council on other occasions, the Mayor and City Council of the City take note of the notorious and self-evident conditions attendant to the commercial exploitation of human sexuality, which do not vary greatly among the various communities within our country, particularly the problems of crime, blight, and deterioration which are brought about by the combination of alcohol and live nudity.

(2)

It is the finding of the City that public nudity (either partial or total) under certain circumstances, particularly circumstances related to the sale and consumption of alcoholic beverages in establishments offering live nude entertainment or adult entertainment (whether such alcoholic beverages are sold on the premises or not) begets criminal behavior and tends to create undesirable community conditions.

(3)

Among the acts of criminal behavior identified with nudity and alcohol are disorderly conduct, public indecency, prostitution and drug trafficking and drug use. Among the undesirable community conditions identified with nudity and alcohol are depression of property values in the surrounding neighborhood, increased expenditure for and allocation of law enforcement personnel to preserve law and order, increased burden on the judicial system as a consequence of the criminal behavior described in this section, and acceleration of community blight by the concentration of similar establishments in particular areas.

(4)

The City, therefore, finds that to promote the health, welfare, safety and morals of the community, it is necessary and expedient to prevent or reduce the adverse impacts of live nude entertainment and alcohol. The City finds that such action promotes the public welfare by furthering legitimate public and governmental interests, including, but not limited to, reducing criminal activity and protecting against or eliminating undesirable community conditions and further finds that such will not infringe upon the protected Constitutional rights of freedom of speech or expression. To that end, this section is adopted.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Specified anatomical areas means and shall include the following:

(1)

Less than completely and opaquely covered human genitals or pubic region, cleft of the buttocks, or any portion of the female breast below a point immediately above the top of the areola; or

(2)

Human male genitalia in discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means and shall include any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(2)

Sex acts, actual or simulated, including, but not limited to, intercourse, sodomy, oral copulation, flagellation or any sexual acts that are prohibited by law;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) and (2) of this definition.

Traditional or live theater (mainstream theater) means a theater, concert hall, auditorium or similar establishment which regularly features live performances which are not distinguished or characterized by an emphasis on the depiction, description, or display or the featuring of specific anatomical areas or specified sexual activity in that the depiction, display, description or featuring is incidental to the primary purpose of any performance.

(c)

Prohibited activities. The following types of entertainment, attire and conduct are prohibited upon any business premises licensed to sell, serve or dispense alcoholic beverages for consumption or upon any business premises which suffers the consumption or possession of any whiskey, malt beverages, wine or other alcoholic beverages on such premises.

(1)

The employment or use of any person, in any capacity, in the sale or service of alcoholic beverages while such person is unclothed or in such attire, costume or clothing, so as to expose any portion of his specified anatomical areas, as defined in this section;

(2)

Live entertainment where any person appears unclothed or in such attire, costume or clothing as to expose any portion of his specified anatomical areas as defined in this section, or where such person performs any specified sexual activities as defined in this section;

(3)

The holding, promoting, sponsoring or allowing of any contest, promotion, special night, event or any other activity where live patrons of the establishment are encouraged or allowed to engage in any of the conduct described in subsections (c)(1) or (c)(2) of this section;

(4)

Nothing in this subsection shall apply to or prohibit traditional or live theater, as defined in this section.

(d)

Penalty for violation. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000.00 per violation or by imprisonment for a period not to exceed six months, or both. In addition to such fine and/or imprisonment, violation of this section shall also be grounds for suspension, revocation or nonrenewal of the business license issued by the City to such offending business.

(e)

Unlawful operation; declared nuisance. Any business operated, conducted or maintained contrary to the provisions of this section shall be and the same is hereby declared to be unlawful and a public nuisance. The City may, in addition to, or in lieu of, prosecuting a criminal action hereunder, commence actions or proceedings for the abatement, removal or enjoinment thereof, in the manner provided for in this Code.

(Code 1978, § 12-9; Ord. No. 1996-13, § 1, 12-19-1996)

State law reference

Public indecency, O.C.G.A. § 16-6-8.