§ 6-87. Live nudity and sexually explicit conduct.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alcohol beverage establishment means any licensee holding a license under this chapter for the sale of alcoholic beverages for consumption on the premises.

Substantially nude means dressed or undressed in a manner so as to plainly expose to view any portion of a male's or female's pubic hair, anus, cleft of the buttocks, vulva, or genitals, or any portion of the female breasts below the top of the areola.

(b)

Prohibited acts enumerated:

(1)

No person shall appear substantially nude in any establishment holding a license to sell alcohol.

(2)

No owner or manager of an alcoholic beverage establishment shall permit any person to appear substantially nude on the licensed premises.

(3)

No owner or manager of an alcoholic beverage establishment shall permit any person to perform live acts of or live acts which constitute or simulate:

a.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship and any of the following sexually oriented acts or conduct: Anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty or any sexual acts which are prohibited by law.

b.

The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; provided that random acts of patrons or employees, whose actions do not constitute actions taken pursuant to encouragement or acquiescence of the management of the establishment and are not for the purposes of entertainment, promotion, publicity, or notoriety, shall not constitute violations of this section.

c.

The holding, promotion, sponsoring or allowing of any contests, promotion, special night, event, or any other activity, where patrons of a licensed establishment are encouraged or allowed to engage in any of the conduct described in subsection (b)(3)a. and b. of this section; provided, however, that nothing contained in this section shall apply to the premises of any mainstream performance house, museum, or theater which derives less than 20 percent of its gross annual income from the sale of alcoholic beverages.

(c)

Acts prohibited. No person shall engage in any of the acts identified in subsections (b)(3)a., b., or c. of this section on the premises of an alcoholic beverage establishment.

(d)

Application of restrictions. The restrictions of subsections (b) and (c) shall apply to all persons physically present and only physically present on the licensed premises regardless of whether such persons are categorized as employees, patrons, independent contractors or otherwise.

(e)

Suspension or revocation of business license. In addition to prosecution of any person for violation of this section, the business license of any premises upon which a violation of this section occurs shall be subject to suspension or revocation action, which shall follow the procedures outlined in this chapter. Any conviction or plea of guilty or nolo contendere in the municipal court to a charge of violation of this section shall be admissible in a license suspension or revocation proceeding.

( Ord. No. 04-2014, § 1(Exh. A), 5-28-14 )

State law reference

Nudity and related acts on premises, O.C.G.A. § 3-3-41.