[HISTORY: Adopted by the Town Council of the Town of Smithfield 11-21-1995
(Ch. 3, Art. III, of the 1985 Code of Ordinances). Amendments noted where
applicable.]
The Town Council finds that employing or permitting persons to perform
or exhibit their nude or seminude bodies to other persons as an inducement
to such other persons to purchase alcoholic beverages can lead to criminal
activity, moral degradation and disturbances of the peace and good order of
the community. In addition, such commercial exploitation of such nude and
seminude acts is adverse to the public's interest in the quality of life,
tone of commerce and total community environment m the Town of Smithfield.
A.
It shall be unlawful for any person maintaining, owning
or operating a commercial establishment located within the boundaries of the
Town of Smithfield at which alcoholic beverages are offered for sale for consumption
on the premises:
(1)
To suffer or permit any female person, while on the premises
of said commercial establishment, to expose to the public view that area of
the human female breast at or below the top of the areola thereof.
(2)
To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in Subsection A(1).
(3)
To suffer or permit any person, while on the premises
of said commercial establishment, to expose to public view his or her genitals,
pubic area, buttocks, anus or anal cleft.
(4)
To suffer or permit any person, while on the premises
of said commercial establishment, to employ any device or covering which is
intended to give the appearance of or simulate the genitals, pubic area, buttocks,
anus or anal cleft.
B.
It shall be unlawful for any female person, while on
the premises of a commercial establishment located within the Town of Smithfield,
at which alcoholic beverages are served or offered for sale for consumption
on the premises, to expose to public view that area of the human female breast
at or below the top of the areola thereof, or to employ any device or covering
which is intended to give the appearance or simulate such areas of the female
breast as described herein.
C.
It shall be unlawful for any person, while on the premises
of a commercial establishment located within the Town of Smithfield, at which
alcoholic beverages are offered for sale for consumption on the premises,
to expose to public view his or her genitals, pubic area, buttocks, anus,
or anal cleft.
Any person who shall violate any provision of this chapter shall be guilty of an offense against the Town punishable as provided in § 1-9, General penalty; continuing violations, of the Code of the Town of Smithfield.
The owner, operator, licensee, lessor, lessee, manager, employee, or
any other person participating in the operation of the establishment located
within the Town of Smithfield at which alcoholic beverages are offered for
sale for consumption on the premises, shall violate or be in violation of
any of the provisions of this chapter, the Town Council shall revoke the liquor
license for said establishment after giving a reasonable notice thereof to
the holder of said license and affording the holder an opportunity to be heard
as to why the license should not be revoked.
If any provision of this chapter, or its application to any person or
circumstances, shall be held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances, shall not
be affected.
