§ 4-4. Unlawful practices.  


Latest version.
  • (a)

    It shall be unlawful for any licensee holding a license for the sale of alcoholic beverages of any kind who derives more than 20 percent of their gross annual income from the sale of such alcoholic beverages to permit, perform, promote, advertise, stage, suffer, or in any way to allow any person to expose specified anatomical areas or engage in specified sexual activities in, on or about the licensed premises.

    (b)

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

    Specified anatomical areas shall include any of the following:

    (1)

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

    (2)

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

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

    (1)

    Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral and anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship and any of the following sexually-oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

    (2)

    Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

    (3)

    Use of human or animal ejaculation, sodomy, or oral copulation, coitus or masturbation;

    (4)

    Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

    (5)

    Masochism, erotic or sexually-oriented torture, beating or the infliction of pain;

    (6)

    Erotic and lewd touching, fondling or other sexual contact with an animal by a human being;

    (7)

    Human excretion, urination, menstruation, vaginal or anal irrigation.

(Code 1985, § 9-200(9-3.1))