§ 4-3. Nudity and similar offenses.

The following acts or conduct on licensed premises are deemed contrary to the public welfare and morals and, therefore, it shall be unlawful and a violation of this article for any person or corporation who has been issued a license pursuant to this article to permit within the licensed premises, any of the following acts or conduct:

(1)

To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises 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 or use the services of any hostess while such hostess is unclothed or in such attire, costume, or clothing as described in subsection (1) of this section.

(3)

To encourage or permit any person on the licensed premises to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person.

(4)

To permit any employee or person to wear or use any device for covering exposed to view, which simulates the breast, genitals, anus, pubic hair, or any portion thereof.

(5)

To permit any person to perform acts of or acts which simulate:

a.

With or upon another person, sexual intercourse, sodomy, oral copulation, flagellation, or any sexual acts which are prohibited by law.

b.

Masturbation or bestiality.

c.

With or upon another person the touching, caressing, or fondling on the buttocks, anus, genitals, or female breast.

d.

The displaying of the pubic hair, anus, vulva, genitals, or female breast below the top of the areola.

(6)

To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described in subsections (1) through (5) of this section.

(7)

To permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus.

(8)

To permit the showing of film, still pictures, electronic reproductions, 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 touched, caressed, or fondled on the breast, buttocks, anus, or genitals.

c.

Scenes wherein a person displays the vulva, anus or 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 in subsections (1) through (5) of this section.

(Code 1999, § 6.1.10)

State law reference

Public nudity, Minn. Stat. § 617.23.