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Statutes Text

Article - Alcoholic Beverages




§12–2102.

    (a)    In this section, “adult entertainment” means:

        (1)    the employment or use of an individual in the sale or service of alcoholic beverages in or on the licensed premises while the individual is unclothed or in attire, costume, or clothing so as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals;

        (2)    the employment or use of the services of a hostess or other individual to mingle with the patrons while the hostess or other individual is unclothed or in attire, costume, or clothing described in item (1) of this subsection;

        (3)    the encouragement of or allowing an individual on the licensed premises to caress or fondle the breasts, buttocks, anus, or genitals of any other individual; or

        (4)    allowing an employee or other individual to wear or use a device or covering exposed to view that simulates any portion of the breast, genitals, anus, or pubic hair;

        (5)    with respect to entertainment provided:

            (i)    allowing an individual to perform an act of or act that simulates:

                1.    sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or a sexual act that is prohibited by law;

                2.    the caressing or fondling of the breast, buttocks, anus, or genitals; or

                3.    the display of the pubic hair, anus, vulva, or genitals;

            (ii)    subject to item (i) of this item, allowing an entertainer whose breasts or buttocks are exposed to perform closer than 6 feet from the nearest patron; or

            (iii)    allowing an individual to use an artificial device or inanimate object to depict, perform, or simulate an activity prohibited under item (i) of this item; or

        (6)    show a motion picture, still picture, electronic reproduction, or other visual reproduction depicting:

            (i)    an act or simulated act of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or a sexual act that is prohibited by law;

            (ii)    an individual being caressed or fondled on the breast, buttocks, anus, or genitals;

            (iii)    a scene in which an individual displays the vulva, anus, or genitals; or

            (iv)    a scene in which an artificial device or inanimate object is used to depict, or a drawing is used to portray, a prohibited act described in this subsection.

    (b)    Except as provided in subsection (c)(2) of this section, this section does not apply to a license holder that:

        (1)    offered adult entertainment as of May 31, 1993, or the transferee of the license for the same premises if the transferee continues to offer adult entertainment; or

        (2)    operates a theater, a concert hall, an art center, a museum, or a similar establishment that is primarily devoted to the arts or theatrical performances, when the performances presented express matters of serious literary, artistic, scientific, or political value.

    (c)    The Board may not authorize and a license holder may not allow:

        (1)    adult entertainment on the licensed premises or on adjacent property over which the license holder has ownership or control; or

        (2)    an individual under the age of 21 years to enter an establishment of a license holder specified under subsection (b)(1) of this section, unless the individual is:

            (i)    an employee, an agent, or a contractor of the establishment; or

            (ii)    an active duty member of the armed forces of the United States.

    (d)    The Mayor and City Council may authorize the Board to enforce the laws and regulations of the City that govern adult entertainment business licenses.

    (e)    On finding that a violation of this section has occurred, the Board shall revoke or suspend the license or impose a fine or both.