DAR File No. 32599

Alcoholic Beverage Control, Administration

R81-5-16

Sexually Oriented Adult Entertainment or Businesses

NOTICE OF PROPOSED RULE

DAR File No.: 32599
Filed: 04/30/2009, 01:30
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This section is being deleted in its entirety because the provisions in this section are now found in Subsections 32A-1-601 through 604.

Summary of the rule or change:

This section will be deleted in its entirety.

State statutory or constitutional authorization for this rule:

Section 32A-1-107

Anticipated cost or savings to:

the state budget:

None--The provisions of this rule are not changing. They are now in statute and do not need to be duplicated in rule. There is no cost or savings to the state budget in deleting this rule.

local governments:

None--Local governments have their own ordinances dealing with sexually-oriented businesses. They are not regulated by state government.

small businesses and persons other than businesses:

None--The provisions of this rule are not changing. They are now in statute and do not need to be duplicated in rule. Since there are no changes from what is already mandated, there will be no cost to businesses.

Compliance costs for affected persons:

None--The provisions of this rule are not changing. They are now in statute and do not need to be duplicated in rule. Since there are no changes from what is already mandated, there will be no cost to businesses.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact to businesses as a result of the deletion of this section. Dennis R. Kellen, Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Alcoholic Beverage Control
Administration
1625 S 900 W
SALT LAKE CITY UT 84104-1630

Direct questions regarding this rule to:

Sharon Mackay at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/15/2009

This rule may become effective on:

06/22/2009

Authorized by:

Dennis R. Kellen, Director

R81. Alcoholic Beverage Control, Administration.

R81-5. Private Clubs.

[R81-5-16. Sexually Oriented Adult Entertainment or Businesses.

(1) Pursuant to 32A-5-107(8)(a)(v), a minor may not be admitted into, use, or be on the premises of any private club that provides sexually oriented adult entertainment or operates as a sexually oriented business. This includes any club:

(a) that is licensed by local authority as a sexually oriented business;

(b) that allows any person on the premises to dance, model, or be or perform in a state of nudity or semi-nudity; or

(c) that shows films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified anatomical areas or specified sexual activities.

(2) "Nudity"or "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any part of the nipple.

(3) "Semi-nudity" means a state of dress in which any opaque clothing covers the genitals, anus, anal cleft or cleavage, pubic area, and vulva narrower than four inches wide in the front and five inches wide in the back, and less than one inch wide at the narrowest point, and which covers the nipple and areola of the female breast narrower than a two inch radius.

(4) "Specified anatomical areas" means:

(a) human male genitals in a state of sexual arousal; or

(b) less than completely and opaquely covered buttocks, anus, anal cleft or cleavage, male or female genitals, or a female breast.

(5) "Specified sexual activities" means acts of, or simulating:

(a) masturbation;

(b) sexual intercourse;

(c) sexual copulation with a person or a beast;

(d) fellatio;

(e) cunnilingus;

(f) bestiality;

(g) pederasty;

(h) buggery;

(i) sodomy;

(j) excretory functions as part of or in connection with any of the activities set forth in (a) through (i).

 

]KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [June 27, 2008]2009

Notice of Continuation: September 7, 2006

Authorizing, and Implemented or Interpreted Law: 32A-1-107; 32A-5-107(18); 32A-5-107(23)