Town of Falmouth, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Selectmen of the Town of Falmouth 7-25-1980. Amendments noted where applicable.]
GENERAL REFERENCES
General powers of Selectmen — See Ch. 65, Art. V.
Alcoholic beverages — See Ch. 79.

§ 248-1 Adoption; statutory authority.

Following a public hearing held on Friday July 25, 1980, at 10:00 a.m. in Town Hall, the Board of Selectmen acting as the local licensing board voted the following rules and regulations for licenses for the sale of alcoholic beverages to be served and drunk on the premises granted pursuant to MGL C. 138, §§ 1 and 12.[1]
[1]
Editor's Note: These rules and regulations are enforced under MGL C. 138. Violations can result in revocation and forfeiture of the license after a public hearing by the Board of Selectmen.

§ 248-2 Prohibited acts.

The following acts conducted in or on licensed premises are deemed contrary to public need and to the common good, and, therefore, no license shall be held for sale of alcoholic beverages to be served and drunk on the licensed premises where such acts or conduct are permitted.
A. 
It is forbidden to employ or permit any person in or on the licensed premises while such person is unclothed or in such attire as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, cleft of the buttocks or genitals.
B. 
It is forbidden to employ or permit any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire as described in Subsection A above.
C. 
It is forbidden to encourage or permit any person in or on the licensed premises to touch, caress or fondle the breast, buttocks or genitals of any other person.
D. 
It is forbidden to employ or permit any person to wear or use any device or covering exposed to view which simulates the breast, buttock, pubic hair or any portion thereof.
E. 
It is forbidden to employ or permit any person in or on the licensed premises to perform an act or acts, or to simulate an act or acts of:
(1) 
Sexual intercourse, masturbation, sodomy, flagellation or any sexual act prohibited by law.
(2) 
Touching, caressing or fondling of the breast, buttocks or genitals of another.

§ 248-3 Visual displays.

It is forbidden to employ or permit any person in or on the licensed premises to show motion picture film, television-type cassettes, still pictures or other photographic reproductions depicting any of the acts, or any simulation of any of the acts, prohibited in § 248-2 of this chapter.

§ 248-4 Severability.

If any of the provisions of these rules and regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of these rules and regulations or the application of each provision, which can be given effect without the invalid provisions or application thereof, and for this purpose the provisions of these rules and regulations are acceptable.