NC Strip Club Law


Our Wonderful NC Legislature

Hog wash.

When the Wize Old Man sees such blatant hog wash passed by legislators it really causes him to wonder who brings 'em in when it rains. This identical working has already been declared illegal by the Federal Courts when it was a "rule" of the ABC Board. Instead of accepting that people have a legal right to free speech, our elected officials are attempting to ban it.

Several years ago, the city of Lexington, KY tried a similar move. The clubs there stopped selling alcohol, when totally nude, and started letting 18 year olds in. Hopefully, that will happen in North Carolina as well.

Not only is topless dancing harmless, it has helped a lot of woman get a college education who otherwise wouldn't have been able to afford it. Guess there are still a lot of people who want to keep women down. This is nothing more than another case of Religious Extremists trying to use government police powers to impose their narrow views. This is not what Separation of Church and State is suppose to be about!

 


 


              GENERAL ASSEMBLY OF NORTH CAROLINA
                          SESSION 2003
S                                                             2
                         SENATE BILL 996
        Judiciary I Committee Substitute Adopted 4/28/03
                             

                              
                             

Short Title: ABC-Sexually Explicit Conduct Banned.
(Public)
Sponsors:
Referred to:
                          April 3, 2003
                               
                      A BILL TO BE ENTITLED
AN ACT TO PREVENT THE NEGATIVE SECONDARY EFFECTS CAUSED BY
  SEXUALLY EXPLICIT CONDUCT ON PREMISES LICENSED BY THE
  ALCOHOLIC BEVERAGE CONTROL COMMISSION.
       Whereas, the United States District Court for the Middle
District of North Carolina has issued a preliminary injunction,
in the case of Carandola v. Bason, enjoining the State of North
Carolina from enforcing regulations which prohibit certain
sexually explicit conduct on premises licensed by the Alcoholic
Beverage Control Commission, and
       Whereas, the federal District Court concluded that the
regulations are likely to be held to be unconstitutional, and
       Whereas, upon review of the federal District Court
decision in Carandola, the United States Circuit Court of
Appeals for the Fourth Circuit has found that the federal
District Court did not abuse its discretion, and has allowed the
injunction to remain in place, and
       Whereas, the Circuit Court of Appeals for the Fourth
Circuit has stated that entertainment such as nude or topless
dancing at bars and clubs has "a long history of spawning
deleterious effects," including "prostitution and the criminal
abuse and exploitation of young women," and
       Whereas, the General Assembly has reviewed studies of
the secondary effects of sexually oriented businesses that have
been conducted in locations across the United States, including:
Phoenix, Arizona; Los Angeles, California; Minneapolis,
Minnesota; Austin, Texas; New York City, New York; Oklahoma
City, Oklahoma; and other cities, and
       Whereas, studies show that negative secondary effects of
sexually oriented businesses include increases in crime, such as
prostitution, drug offenses, assaults, and sex crimes, and
       Whereas, it is not the intent of the General Assembly to
suppress the conduct of entertainment at premises licensed by
the Alcoholic Beverage Control Commission, but it is the desire
of the General Assembly to address the harmful secondary effects
of such entertainment, including higher crime rates, public
sexual conduct, sexual assault, prostitution, and other
secondary negative effects, and
       Whereas, it is the intent of the General Assembly to
prohibit entertainment at premises licensed by the Alcoholic
Beverage Control Commission that provides an atmosphere
conducive to violence, sexual harassment, public intoxication,
prostitution, and the spread of sexually transmitted diseases.
Now, therefore,
The General Assembly of North Carolina enacts:
       SECTION 1.  G.S. 18B-1005(a) reads as rewritten:
  "(a) Certain Conduct. - It shall be unlawful for a permittee
or his agent or employee to knowingly allow any of the following
kinds of conduct to occur on his licensed premises:
       (1)  Any violation of this Chapter;
       (2)  Any fighting or other disorderly conduct that can
            be prevented without undue danger to the permittee,
            his employees or patrons; or
       (3)  Any violation of the controlled substances,
            gambling, or prostitution statutes, or any other
            unlawful acts.
       (4)  Any conduct or
            entertainment by any person whose private parts are
            exposed or who is wearing transparent clothing that
            reveals the private parts;

       (5)  Any entertainment that
            includes or simulates sexual intercourse or any
            other sexual act; or

       (6)  Any other lewd or
            obscene entertainment or conduct, as defined by the
            rules of the Commission.
"
       SECTION 2.  Chapter 18B of the General Statutes
is amended by adding a new section to read:
" 18B-1005.1. Sexually explicit conduct on licensed
       premises.

 
(a)   It shall be unlawful for a permittee or
his agent or employee to knowingly allow or engage in any of the
following kinds of conduct on his licensed premises:

       (1)  Any conduct or entertainment by any
            person whose private parts are exposed or who is
            wearing transparent clothing that reveals the
            private parts;

       (2)  Any conduct or entertainment that
            includes or simulates sexual intercourse,
            masturbation, sodomy, bestiality, oral copulation,
            flagellation, or any other sexual act;

       (3)  Any conduct or entertainment that
            includes the fondling of the breasts, buttocks,
            anus, vulva, or genitals; or

       (4)  Any other lewd or obscene
            entertainment or conduct, as defined by the rules
            of the Commission.

       (b)  Supervision. - It shall be unlawful
            for a permittee to fail to superintend in person or
            through a manager the business for which a permit
            is issued.

  (c)  Exception. - This section does not apply to
persons operating theaters, concert halls, art centers, museums,
or similar establishments that are primarily devoted to the arts
or theatrical performances, and are engaged in expressing a
matter of serious literary, artistic, scientific, or political
value.
"
       SECTION 3.  If any provision of this act or its
application is held invalid, the invalidity does not affect
other provisions or applications of this act that can be given
effect without the invalid provisions or application, and to
this end the provisions of this act are severable.
       SECTION 4.  This act is effective when it becomes
law.
 

 

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