[Adopted 6-21-2001 by Ord. No. 2001-3]
Whereas, the Town Board of the Town of St. Joseph
has explicit authority under W.S.A. s. 125.10(1), to adopt regulations
governing the sale of alcohol beverages which are in addition to those
set forth in W.S.A. ch. 125 and whereas, the Town Board has village
powers under W.S.A. s. 60.10(2)(c), that grants general police powers
as set forth in W.S.A. s. 61.34(1), to act for the good order of the
town, for its commercial benefit and for the health, safety and welfare
of the public and may carry out its powers by regulation and suppression;
and whereas, the Town Board recognizes it lacks authority to regulate
obscenity in light of W.S.A. s. 66.051(3), and does not intend, by
adopting this article, to regulate obscenity, since nudity in and
of itself is not obscene; it declares its intent to enact an article
addressing the secondary effects of live nude dancing in bars and
taverns; and whereas, bars and taverns featuring live nude dancing
have in other communities tended to further the increase of criminal
and other offensive activity, to disrupt the peace and order of the
communities, to depreciate the value of real property, to harm the
economic welfare of the communities and to negatively affect the quality
of life of the communities, and such secondary effects are detrimental
to the public health, safety and general welfare of citizens; and
whereas, the Town Board recognizes the United States Supreme Court
has held that nude dancing is expressive conduct within the outer
perimeters of the First Amendment to the United States Constitution
and therefore entitled to some limited protection under the First
Amendment, and the governing body further recognizes that freedom
of speech is among our most precious and highly protected rights and
wishes to act consistently with full protection of those rights; and
whereas, however, the Town Board is aware, based on the experiences
of other communities, that bars and taverns in which live nude dancing
occurs may and do generate secondary effects which the Town Board
believes are detrimental to the public health, safety and welfare
of the citizens of the City of St. Joseph; and whereas, among these
secondary effects are: the potential increase in prostitution and
other sex-related offenses, as well as other crimes and offenses;
the potential depreciation of property values in neighborhoods where
bars and taverns featuring live nude dancing exist; health risks associated
with the spread of sexually transmitted diseases; and the potential
for infiltration by organized crime for the purpose of unlawful conduct;
and whereas, the Town Board finds that the consumption of alcoholic
beverages exacerbates these negative secondary effects; and whereas,
the Town Board desires to minimize, prevent and control these adverse
secondary effects and thereby protect the health, safety and general
welfare of the citizens of the Town of St. Joseph; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of urban blight; and whereas, the Town Board has determined that the
enactment of an article prohibiting live nude dancing in bars and
taverns licensed to serve alcohol beverages promotes the goal of minimizing,
preventing and controlling the negative secondary effects associated
with such activity; now, therefore, the Town Board of the Town of
St. Joseph ordains as follows.
It is unlawful for any person to perform or
engage in or for any licensee or manager or agent of the licensee
to permit any person, employee, entertainer or patron to perform or
engage in any live act, demonstration, dance or exhibition on the
premises of a licensed establishment which:
A.
Shows his/her genitals, pubic area, vulva, anus, anal
cleft or cleavage with less than a fully opaque covering.
B.
Shows the female breast with less than a fully opaque
covering of any part of the nipple and areola.
C.
Shows the human male genitals in a discernibly turgid
state, even if fully and opaquely covered.
The provisions of this article do not apply
to the following licensed establishments or portions of licensed establishments:
A.
Licensed theaters, performing arts centers, civic
centers and dinner theaters where live dance, ballet, music and dramatic
performances of serious artistic merit are offered on a regular basis
and in which the predominant business or attraction is not the offering
to customers of entertainment which is intended to provide sexual
stimulation or sexual gratification to such customers and where the
establishment is not distinguished by an emphasis on or the advertising
or promotion of, nude dancing.
B.
Places in licensed establishments that are provided
or set apart for nudity, provided that:
(1)
Persons appearing nude in a place provided or set
apart for nudity do so for the sole purpose of performing a lawful
function(s) that is customarily intended to be performed within such
place provided or set apart for nudity.
(2)
Persons appearing nude in a place provided or aet
apart for nudity are not nude for the purpose of obtaining money or
other financial gain for such person or for another person or entity.
C.
A performance(s) in a licensed establishment of a
work(s) of serious literary or artistic merit where the performance
is not intended for the sexual interest or titillation of customers
and where the performance is not distinguished by an emphasis on or
the advertising or promotion of entertainment involving nudity.
As used in this article, the following terms
shall have the meanings indicated:
Any establishment licensed by the Town Board of the Town
of St. Joseph to sell alcohol beverages pursuant to W.S.A. ch. 125.
The holder of a retail "Class A," "Class B," Class "B," Class
"A" or "Class C" license granted by the Town Board of the Town of
St. Joseph pursuant to W.S.A. ch. 125.
The showing of human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering; the showing of the female breast with less than a fully
opaque covering of any part of the nipple and areola; the showing
of the human male genitals in a discernible turgid state, even if
fully and opaquely covered.
Enclosed single-sex public restrooms, enclosed single sex
functional shower, locker and/or dressing room facilities, enclosed
motel rooms and hotel rooms designed and intended for sleeping accommodations
and similar places in which nudity or exposure is necessarily and
customarily expected outside of the home and the sphere of privacy
constitutionally protected therein. This term shall not be deemed
to include places where a person's conduct of being nude is used for
his or her profit or where being nude is used for the promotion of
business or is otherwise commercially exploited.
Any person, partnership or corporation who violates
any of the provisions of this article shall be subject to a forfeiture
of not less than $200, and not more than $700 per violation. A separate
offense and violation shall be deemed committed on each day on which
a violation occurs or continues. In addition, violation of this article
constitutes sufficient grounds for suspending, revoking or nonrenewing
an alcohol beverage license under W.S.A. s. 125.12.
