Ask the Hoglawyer: What rules govern the adult entertainment industry? | The Hoglawyer

Tuesday, January 29, 2008

Ask the Hoglawyer: What rules govern the adult entertainment industry?

Posted By on Tue, Jan 29, 2008 at 5:10 PM

Ask the Hoglawyer:

Mike H. from Hope, Arkansas asks:

The last time I was at my favorite strip club in Little
Rock, I noticed the dancers had on pasties on their breasts?
They don't have to do that in Iowa, New Hampshire or South Carolina.
What are the rules in Arkansas that regulate adult entertainment?



I'm glad you asked Mike. While there are some criminal rules, for the
most part the adult entertainment industry is regulated by the Alcohol
and Beverage Control. They have very specific regulations, most of which can be found at the Secretary of State's website. Of course, I wouldn't know anything about
these clubs in general, or the five in Pulaski County.

The rules, which I included in the extended entry, include specifically forbid:

A.     Prostitute Frequenting Premises. Permitted any prostitute to
frequent the permitted premises;

D. Immoral Conduct or Improper Entertainment On Premises. Permitted
any immoral, lewd, obscene, indecent or profane conduct, language,
literature, pictures or materials or improper entertainment on the
permitted premises.


So no lewd or indecent language please.


The following acts or conduct on licensed premises are deemed to
constitute lewd, immoral, or improper entertainment:

Section 3.19(1)D.1.a. To allow any person in or upon the licensed
premises while such person is unclothed or in such attire, costume or
clothing as to expose to view any portion of the female breasts below
the top of the areola, any portion of the public hair, anus, cleft of
the buttocks, vulva or genitals or any simulation thereof. (Amended
9-8-97)

c. To encourage or permit any person on the licensed premises to
touch, caress or fondle the breasts, buttocks, anus or genitals of any
other person;



In practice, I am told, this means the entertainer can touch you with
her breasts/ buttocks but you can't touch her ( or him I presume). Or
maybe this rule is just given wide latitude.

d. To permit any employee or person to wear or use any device or
covering, exposed to view, which simulates the breasts, genitals,
anus, pubic hair or any portion thereof.


I'd be scared to see what a simulation would look like. I'm guessing
this means no realistic looking nipple covers?  Otherwise the ABC
agents would have to somehow determine if they had on fake nipples or
if they were real - and who would want that job?

Live entertainment may be approved by the Director or Board at any on
premises license premises, except that:

a. No permittee shall permit any person to perform acts of or acts
which simulate:

1) Sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation or any sexual acts which are prohibited by
law;    How do you simulate bestiality?  I don't want to know.

2) The touching, caressing or fondling of the breasts, buttocks, anus
or genitals;

3) The displaying of the public hair, anus, vulva or genitals. (Amended 9-8-97)

b. Subject to the provisions of Sub-paragraph 2(a) hereof,
entertainers whose buttocks are exposed to view shall perform only on
a stage at least two (2) feet above the immediate floor level and
removed at least three (3) feet from the nearest patron. Physical
contact between customers/patrons and entertainers during any dancing
performance, including placing tips in the hand of or within or on any
article of clothing of any such dancer, is prohibited. (Amended 8-19-
93)   Again, from what I'm told – this isn't enforced strongly.

I hope that answers your question Mike.   Any legal questions, especially those involving sex, drugs, and rock and roll, may be sent to hoglawyer@gmail.com

 

SUBTITLE E - PROHIBITED CONDUCT AND ACTIVITIES

SECTION 3.19 In addition to the violation or failure to comply with
any of these Regulations or any Alcoholic Beverage Control Law of the
State of Arkansas, a permit to sell or dispense controlled beverages
at retail may be cancelled, suspended, revoked, or assessed a monetary
fine for any of the following prohibited activities committed by the
permittee or any employee, agent or servant of the permittee: (Amended
8-18-99)

(1) Conduct Prohibited On Premises. That the permittee or any agent,
servant, or employee of the permittee did or allowed any of the
following to occur on the permitted premises:



A. Prostitute Frequenting Premises. Permitted any prostitute to
frequent the permitted premises;



B. Employment of Certain Persons. Employment of or permitting any
person to solicit patrons for drinks or to accept drinks from patrons
and receive therefor any commission or any renumeration in any other
way; (Amended 8-19-93)



C. Gambling On Premises. Permitted gambling or games of chance or kept
any gambling device, machine or apparatus upon the permitted premises;
and



D. Immoral Conduct or Improper Entertainment On Premises. Permitted
any immoral, lewd, obscene, indecent or profane conduct, language,
literature, pictures or materials or improper entertainment on the
permitted premises.


1. General Attire and Conduct. The following acts or conduct on
licensed premises are deemed to constitute lewd, immoral, or improper
entertainment as prohibited by this Section:

Section 3.19(1)D.1.a. To allow any person in or upon the licensed
premises while such person is unclothed or in such attire, costume or
clothing as to expose to view any portion of the female breasts below
the top of the areola, any portion of the public hair, anus, cleft of
the buttocks, vulva or genitals or any simulation thereof. (Amended
9-8-97)

b. To employ or use the services of any hostess or other person to
mingle with the patrons while such hostess or other person is
unclothed or in such attire, costume or clothing as described in
Sub-paragraph 1(a) above;



c. To encourage or permit any person on the licensed premises to
touch, caress or fondle the breasts, buttocks, anus or genitals of any
other person;



d. To permit any employee or person to wear or use any device or
covering, exposed to view, which simulates the breasts, genitals,
anus, pubic hair or any portion thereof.



Section 3.19(1)D.2 Entertainers and Conduct Acts or conduct on
licensed premises in violation of this Section are deemed to
constitute lewd, immoral, or improper entertainment as prohibited by
this Section.



Live entertainment may be approved by the Director or Board at any on
premises license premises, except that:



a. No permittee shall permit any person to perform acts of or acts
which simulate:



1) Sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation or any sexual acts which are prohibited by
law;



2) The touching, caressing or fondling of the breasts, buttocks, anus
or genitals;



3) The displaying of the public hair, anus, vulva or genitals. (Amended 9-8-97)



b. Subject to the provisions of Sub-paragraph 2(a) hereof,
entertainers whose buttocks are exposed to view shall perform only on
a stage at least two (2) feet above the immediate floor level and
removed at least three (3) feet from the nearest patron. Physical
contact between customers/patrons and entertainers during any dancing
performance, including placing tips in the hand of or within or on any
article of clothing of any such dancer, is prohibited. (Amended 8-19-
93)



No permittee shall permit any person to use artificial devices or
inanimate objects to depict any of the prohibited activities described
above.


3. Visual Displays. The following acts or conduct on licensed premises
are deemed to constitute lewd, immoral, or improper entertainment as
prohibited by this Section.

The showing of films, still pictures, electronic reproduction, or
other visual reproductions depicting:

a. Acts or simulated acts of sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation or any sexual acts which are
prohibited by law;



b. Any person being touched, caressed or fondled on the breast,
buttocks, anus or genitals;



c. Scenes wherein a person displays the vulva or the anus or the genitals;



d. Scenes wherein artificial devices or inanimate objects are employed
to depict, or drawings are employed to portray, any of the prohibited
activities described above. (Amended 7-19-84)



The following acts or conduct on licensed premises are deemed to
constitute lewd, immoral, or improper entertainment:

Section 3.19(1)D.1.a. To allow any person in or upon the licensed
premises while such person is unclothed or in such attire, costume or
clothing as to expose to view any portion of the female breasts below
the top of the areola, any portion of the public hair, anus, cleft of
the buttocks, vulva or genitals or any simulation thereof. (Amended
9-8-97)

c. To encourage or permit any person on the licensed premises to
touch, caress or fondle the breasts, buttocks, anus or genitals of any
other person;

From the ArkTimes store

Favorite

Comments

Subscribe to this thread:

Add a comment

More by Hoglawyer

  • I want my two dollars !!!

    In the movie, "Better Off Dead," with John Cusack, there is this sub-plot of the local newspaper delivery boy stalking Cusack to get his $2.  Some people will go to great lengths to get their $2 in real life as well.
    • May 28, 2009
  • Publishing to Perish ?

    In an interesting twist, the Arkansas Supreme Court today amended Ark. Sup. Ct. Rule 5-2 and will now allow all cases to be cited, doing away with the distinction between published and unpublished opinions.
    • May 28, 2009
  • Death Penalty Reform

    The death penalty makes me nervous. It makes me nervous because there is always a chance the wrong person is being executed.
    • Mar 27, 2009
  • More »

Most Shared

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation