R82-6-404. Bars -- Sexually Oriented Entertainers and Stage Approvals

(1) Authority. This rule is pursuant to sections 32B-1-501 through 32B-1-506, which 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. (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 section 32B-1-102. (b) "Sexually-oriented entertainer" has the same meaning as that term is defined in section 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 sections 32B-1-502 through 32B-1-506; (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 floorplan 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 subparts (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.