7.24.030 Prohibited acts or conduct - Enforcement authority.
A. In addition to the other duties imposed by the metropolitan
beer
permit board by the Metropolitan Code of Laws, it shall be the
duty of such
board to enforce the provisions of this section and revoke or
suspend the
beer permit of any person, firm, corporation, syndicate or association,
upon
notice and hearing, for violation of the provisions of this section.
B. The following acts or conduct have been declared contrary
to public
policy by the General Assembly of the State of Tennessee when
such
activities take place upon premises licensed by the alcoholic
beverage commission,
pursuant to Tennessee Code Annotated Sections 57-4-101, et seq.;
and the same are declared to be against the public policy of
the metropolitan
government of Nashville and Davidson County, and therefore, no
beer permit
shall be held at any premises where such contract or acts are
permitted:
1. To employ, use or allow any person in the sale or service
of beer or
like alcoholic beverages in or upon the premises of a permittee
while such
person is unclothed or in such attire, costume or clothing as
to expose to
view any portion of the female breast below the top of the areloa
or any
portion of the pubic hair, anus, cleft of the buttocks, vulva
or genitals;
2. To employ, use or allow 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 subdivision
1 of this
subsection;
3. To encourage or permit any person on the premises of a permittee
to touch, caress or fondle the breast, buttocks, anus or genitals
of any other
person;
4. To permit any employee or person to wear or use any device
or
covering, exposed to view, which simulates the breast, genitals,
anus, pubic
hair or any portion thereof.
C. Acts or conduct on premises licensed by the alcoholic beverage
commission pursuant to Tennessee Code Annotated Sections 57-4-101,
et
seq. have been deemed contrary to the public policy by the General
Assembly
of the State of Tennessee, and are declared against the public
policy of
the metropolitan government of Nashville and Davidson County;
and, therefore,
no beer permit shall be held at any premises where such conduct
or
acts are permitted. Live entertainment is permitted on premises
of a permittee
except that:
1. No permittee shall permit any person to perform acts of or
acts
which simulate:
a. Sexual intercourse, masturbation, sodomy, bestiality, oral
copulation,
flagellation or any sexual acts which are prohibited by law;
b. The touching, caressing or fondling of the breast, buttocks,
anus or
genitals;
c. The displaying of the pubic hair, anus, vulva or genitals.
2. Subject to the provisions of subdivision 1 of this subsection,
any
entertainer who is employed in whole or in part by the permittee
to dance at
such permittee's premises shall perform only upon a stage at
least eighteen
inches above the immediate floor level and removed at least six
feet from
the nearest patron.
3. No permittee shall permit any person to use artificial devices
or
inanimate objects to depict any of the prohibited activities
described above.
4. No permittee shall permit any person to remain in or upon
the premises
who exposes to public view any portion of his or her genitals
or anus.
D. The following acts or conduct have been declared contrary
to public
policy by the General Assembly of the state of Tennessee when
such
activities take place upon premises licensed by the alcoholic
beverage commission,
pursuant to Tennessee Code Annotated Sections 57-4-101, et seq.;
and the same are declared to be against the public policy of
the metropolitan
government of Nashville and Davidson County; and, therefore,
no beer
permit shall be held at any premises where such conduct or acts
are permitted:
1. The showing of film, 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. (Ord. 90-1339 § 1 (5-7), 1990;
prior code § 5-1-34)