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.
Disagree? Agree? Write the WizeOldMan@wizeoldman.com.
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