R81-1-25. Sexually-Oriented Entertainers and Stage Approvals

  (1) Authority. This rule is pursuant to:

  (a) 32B-1-501 to -506 that prescribe the attire and conduct of sexually-oriented entertainers in premises regulated by the commission and require them to appear or perform only in a tavern or bar and only upon a stage or in a designated area approved by the commission in accordance with commission rule in accordance with 32B-1-505(4).

  (2) Purpose. This rule establishes guidelines used by the commission to approve stages and designated performance areas in a tavern or bar where sexually-oriented entertainers may appear or perform in a state of seminudity.

  (3) Definitions.

  (a) "Seminude", "seminudity, or "state of seminudity" means a state of dress as defined in 32B-1-102(102).

  (b) "Sexually-oriented entertainer" means a person defined in 32B-1-102.

  (4) Application of Rule.

  (a) A sexually-oriented entertainer may appear or perform seminude only on the premises of a tavern or bar.

  (b) A tavern or bar licensee, or an employee, independent contractor, or agent of the licensee shall not allow:

  (i) a sexually-oriented entertainer to appear or perform seminude except in compliance with the conditions and attire and conduct restrictions of 32B-1-502 to -506;

  (ii) a patron to be on the stage or in the performance area while a sexually-oriented entertainer is appearing or performing on the stage or in the performance area; and

  (iii) a sexually-oriented entertainer to appear or perform seminude except on a stage or in a designated performance area that has been approved by the commission.

  (c) Stage and designated performance area requirements.

  (i) The following shall submit for commission approval a floor-plan containing the location of any stage or designated performance area where sexually-oriented entertainers appear or perform:

  (A) an applicant for a tavern or bar license from the commission who intends to have sexually-oriented entertainment on the premises;

  (B) a current tavern or bar licensee of the commission that did not have sexually-oriented entertainment on the premises when application was made for the license or permit, but now intends to have such entertainment on the premises; or

  (C) a current tavern or bar licensee of the commission that has sexually-oriented entertainment on the premises, but has not previously had the stage or performance area approved by the commission.

  (ii) The commission may approve a stage or performance area where sexually-oriented entertainers may perform in a state of seminudity only if the stage or performance area:

  (A) is horizontally separated from the portion of the premises on which patrons are allowed by a minimum of three (3) feet, which separation shall be delineated by a physical barrier or railing that is at least three (3) feet high from the floor;

  (B) is configured so as to preclude a patron from:

  (I) touching the sexually-oriented entertainer;

  (II) placing any money or object on or within the costume or the person of any sexually-oriented entertainer;

  (III) is configured so as to preclude a sexually-oriented entertainer from touching a patron; and

  (IV) conforms to the requirements of any local ordinance of the jurisdiction where the premise is located relating to distance separation requirements between sexually-oriented entertainers and patrons that may be more restrictive than the requirements of Sections (4)(c)(i) and (ii) of this rule.

  (iii) The person applying for approval of a stage or performance area shall submit with their application:

  (A) a diagram, drawn to scale, of the premises of the business including the location of any stage or performance area where sexually-oriented entertainers will appear or perform;

  (B) a copy of any applicable local ordinance relating to distance separation requirements between sexually-oriented entertainers and patrons; and

  (C) evidence of compliance with any such applicable local ordinance.