§ 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 areola 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 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 touch, 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)