Utah Code 32B-1-505. Sexually oriented entertainer
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(1) Subject to the requirements of this part, live entertainment is permitted on premises or at an event regulated by the commission.
Terms Used In Utah Code 32B-1-505
- Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License. See Utah Code 32B-1-102
- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102 - Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Licensee: means a person who holds a license. See Utah Code 32B-1-102
- Minor: means an individual under 21 years old. See Utah Code 32B-1-102
- Opaque: means impenetrable to sight. See Utah Code 32B-1-102
- Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:(87)(a) a customer;(87)(b) a member;(87)(c) a guest;(87)(d) an attendee of a banquet or event;(87)(e) an individual who receives room service;(87)(f) a resident of a resort; or(87)(g) a hospitality guest, as defined in Section
32B-6-1002 , under a hospitality amenity license. See Utah Code 32B-1-102- Permittee: means a person issued a permit under:
(89)(a) Chapter 9, Event Permit Act; or(89)(b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- Sexually oriented entertainer: means a person who while in a state of seminudity appears at or performs:
(119)(a) for the entertainment of one or more patrons;(119)(b) on the premises of:(119)(b)(i) a bar licensee; or(119)(b)(ii) a tavern;(119)(c) on behalf of or at the request of the licensee described in Subsection (119)(b);(119)(d) on a contractual or voluntary basis; and(119)(e) whether or not the person is designated as:(119)(e)(i) an employee;(119)(e)(ii) an independent contractor;(119)(e)(iii) an agent of the licensee; or(119)(e)(iv) a different type of classification. See Utah Code 32B-1-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State of nudity: means :
(129)(a) the appearance of:(129)(a)(i) the nipple or areola of a female human breast;(129)(a)(ii) a human genital;(129)(a)(iii) a human pubic area; or(129)(a)(iv) a human anus; or(129)(b) a state of dress that fails to opaquely cover:(129)(b)(i) the nipple or areola of a female human breast;(129)(b)(ii) a human genital;(129)(b)(iii) a human pubic area; or(129)(b)(iv) a human anus. See Utah Code 32B-1-102- State of seminudity: means a state of dress in which opaque clothing covers no more than:
(130)(a) the nipple and areola of the female human breast in a shape and color other than the natural shape and color of the nipple and areola; and(130)(b) the human genitals, pubic area, and anus:(130)(b)(i) with no less than the following at its widest point:(130)(b)(i)(A) four inches coverage width in the front of the human body; and(130)(b)(i)(B) five inches coverage width in the back of the human body; and(130)(b)(ii) with coverage that does not taper to less than one inch wide at the narrowest point. See Utah Code 32B-1-102- Tavern: means an on-premise beer retailer who is:
(135)(a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and(135)(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102(2) Notwithstanding Subsection (1), a retail licensee or permittee may not permit a person to:(2)(a) appear or perform in a state of nudity;(2)(b) perform or simulate an act of:(2)(b)(i) sexual intercourse;(2)(b)(ii) masturbation;(2)(b)(iii) sodomy;(2)(b)(iv) bestiality;(2)(b)(v) oral copulation;(2)(b)(vi) flagellation; or(2)(b)(vii) a sexual act that is prohibited by Utah law; or(2)(c) touch, caress, or fondle the breast, buttocks, anus, or genitals.(3) A sexually oriented entertainer may perform in a state of seminudity:(3)(a) only in:(3)(a)(i) a tavern; or(3)(a)(ii) a bar license premises; and(3)(b) only if:(3)(b)(i) the windows, doors, and other apertures to the premises are darkened or otherwise constructed to prevent anyone outside the premises from seeing the performance; and(3)(b)(ii) the outside entrance doors of the premises remain unlocked.(4) A sexually oriented entertainer may perform only upon a stage or in a designated performance area that is:(4)(a) approved by the commission in accordance with rules made by the commission;(4)(b) configured so as to preclude a patron from:(4)(b)(i) touching the sexually oriented entertainer; or(4)(b)(ii) placing any money or object on or within the performance attire or the person of the sexually oriented entertainer; and(4)(c) configured so as to preclude the sexually oriented entertainer from touching a patron.(5) A sexually oriented entertainer may not touch a patron:(5)(a) during the sexually oriented entertainer’s performance; or(5)(b) while the sexually oriented entertainer is dressed in performance attire.(6) A sexually oriented entertainer, while in the portion of the premises used by patrons, shall be dressed in opaque clothing which covers and conceals the sexually oriented entertainer’s performance attire from the top of the breast to the knee.(7) A patron may not 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.(8) A patron may not:(8)(a) touch a sexually oriented entertainer:(8)(a)(i) during the sexually oriented entertainer’s performance; or(8)(a)(ii) while the sexually oriented entertainer is dressed in performance attire; or(8)(b) place money or any other object on or within the performance attire or the person of the sexually oriented entertainer.(9) A minor may not be on premises described in Subsection (3).(10) A person who appears or performs for the entertainment of patrons on premises or at an event regulated by the commission that is not a tavern or bar licensee:(10)(a) may not appear or perform in a state of nudity or a state of seminudity; and(10)(b) may appear or perform in opaque clothing that completely covers the person’s genitals, pubic area, and anus if the covering:(10)(b)(i) is not less than the following at its widest point:(10)(b)(i)(A) four inches coverage width in the front of the human body; and(10)(b)(i)(B) five inches coverage width in the back of the human body;(10)(b)(ii) does not taper to less than one inch wide at the narrowest point; and(10)(b)(iii) if covering a female, completely covers the breast below the top of the areola. - Permittee: means a person issued a permit under: