Town of Portsmouth, RI Chapter 75 Adult Entertainment

[HISTORY: Adopted by the Town Council of the Town of Portsmouth 2-10-1998 by Ord. No. 98-2-10. Amendments noted where applicable.]

§ 75-1 Findings; intent.

A. The Town Council of the Town of Portsmouth has the authority and responsibility to regulate conduct and legislate on matters of local concern affecting the public health, safety and welfare;

B. Business establishments which serve alcoholic beverages for consumption on the premises are subject to regulation by the Town Council due to the effects of consumption of alcoholic beverages. Conduct at or within those establishments merits appropriate regulation to prevent risks to public health, to preserve public safety and to minimize criminal activities;

C. Establishments which promote adult, sexually oriented entertainment of certain types, including but not limited to nudity and sexual performances, have been known to have direct and secondary impacts on the surrounding community which negatively affect the public health, safety and welfare;

D. It is not the intent of this chapter to inhibit the free speech and expression of any art or speech, nor to suppress any activities protected by the First Amendment to the Constitution of the United States or Article I, Section 21, of the Constitution of the State of Rhode Island and Providence Plantations, nor is it the intent to condone or legitimize any obscene, illicit or illegal acts, materials or activities;

E. The intent of this chapter is to promote sanitary conditions, prevent opportunities for criminal activity, preserve property values, prevent the spread of disease and promote the public health, safety, morals and welfare.

§ 75-2 Definitions.

Unless the context otherwise requires, as used in this chapter, the following words and phrases shall have the meanings and be defined as provided herein:

ALCOHOLIC BEVERAGE

Includes any liquid which either, by itself or by mixture with any other liquid or liquids, is or may become fit for human consumption as a drink and which contains 0.5% or more of alcohol by weight, meaning and intending to include distilled spirits, wine or fortified wine, beer, and malt beverages.

EMPLOYEE

Includes any person providing services of any kind on a licensed premises for wages, gratuities, other remuneration, or compensation of any kind or under any contract of employment, oral or written, express or implied, with any person and meaning and intending to include but not be limited to guides, ushers, escorts, waiters, waitresses, servers, hosts, hostesses, bartenders and the like.

ENTERTAINER

Any person who performs or presents entertainment at or upon any licensed premises for a fee, tip, gratuity, compensation or other remuneration, either as an employee, contractor or invited guest of the business establishment.

LICENSED PREMISES

Includes any premises upon which alcoholic beverages are sold or served for consumption on the premises pursuant to a license or permit issued by the Town of Portsmouth, or otherwise, and shall include premises which allow for the consumption of alcoholic beverages on the premises on a "bring your own" basis.

OPERATOR

Includes the owner, license holder, manager, person in charge or any person operating a licensed premises.

PATRON

Includes any person who is a guest, member, customer or invitee on or in the licensed premises.

PERSON

Includes any natural person, corporation, partnership, association or any other legally recognized entity.

§ 75-3 Prohibited conduct.

A. No operator shall, on a licensed premises, suffer or permit:

(1) Any female employee or entertainer to expose to public view the female breast uncovered or bare at or below the areola area or to exhibit the female breast covered with a transparent or semitransparent material which exposes to public view the breast at or below the areola area.

(2) Any person to expose to public view the bare or uncovered buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair of any person or to exhibit the buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair of any person covered with a transparent or semitransparent material which exposes to public view the buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair of any persons.

(3) Any person to perform, engage or participate in acts which constitute or simulate the following:

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

(b) The touching, fondling or caressing of the breast, buttocks, anus or genitals;

(c) Exhibitions commonly referred to as "wet T-shirt contests," "hot legs contests" and male and female striptease acts.

(4) Any person to utilize artificial devices or inanimate objects to perform, simulate, or depict any of the acts prohibited in Subsection A(3)(a), (b) and (c) hereof.

(5) Any person to show, display or exhibit on any licensed premises any film, video, still picture, electronic reproduction or image of any act or conduct prohibited by Subsection A(3)(a), (b) and (c) hereof.

B. No person, including a patron, while present on a licensed premises, shall:

(1) Expose to public view his or her bare or uncovered buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair or exhibit his or her buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair covered with a transparent or semitransparent material which exposes to public view his or her buttocks, anus, anal cleavage, anal cleft, genitals or pubic hair.

(2) Perform, engage or participate in acts which constitute or simulate the following:

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

(b) The touching, fondling or caressing of the breast, buttocks, anus or genitals;

(c) Exhibitions commonly referred to as "wet T-shirt contests," "hot legs contests" and male and female striptease acts.

(3) Utilize artificial devices or inanimate objects to perform, simulate, or depict any of the acts prohibited in Subsection B(2)(a), (b) and (c) hereof.

(4) Show, display or exhibit any film, video, still picture, electronic reproduction or image of any act or conduct prohibited by Subsection B(2)(a), (b) and (c) hereof.

C. No female employee or entertainer shall expose to public view her breast uncovered or bare at or below the areola area or exhibit her breast covered with a transparent or semitransparent material which exposes to public view the breast at or below the areola area.

§ 75-4 Violations and penalties.

A. It shall be unlawful for any person to fail to comply with the provisions of this chapter or to perform or commit any act prohibited by this chapter. The commission of any prohibited act or refusal to comply with any requirement of this chapter is hereby declared to be a violation. Each such act or event shall be and constitute a separate violation or offense.

B. Any person, entertainer, patron or operator who violates any provision of this chapter shall, upon conviction, be punished by a fine not to exceed $100 and/or imprisonment not to exceed one year.

C. The violation of any provision of this chapter by the operator of any licensed premises shall be deemed a public nuisance and shall constitute grounds for the suspension or revocation of any and all alcoholic beverage licenses or other licenses issued to the premises or operator.