32B-1-504. General requirements on attire and conduct.
(1)
As used in this section, “obscene” means that:
Terms Used In Utah Code 32B-1-504
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State of seminudity: means a state of dress in which opaque clothing covers no more than:
(a)
the nipple and areola of the female human breast in a shape and color other than the natural shape and color of the nipple and areola; and
(b)
the human genitals, pubic area, and anus:
(i)
with no less than the following at its widest point:
(A)
four inches coverage width in the front of the human body; and
(B)
five inches coverage width in the back of the human body; and
(ii)
with coverage that does not taper to less than one inch wide at the narrowest point. See Utah Code 32B-1-102
(a)
the average individual, applying contemporary community standards, would find the conduct or material, taken as a whole, appeals to the prurient interest;
(b)
the conduct or material depicts or describes sexual conduct in a patently offensive way; and
(c)
the conduct or material, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(2)
The following attire and conduct on premises or at an event regulated by the commission under this title are considered contrary to the public health, peace, safety, welfare, and morals, and are prohibited:
(a)
employing or using a person in the sale, offer for sale, or furnishing of an alcoholic product while the person is in:
(i)
a state of nudity;
(ii)
a state of seminudity; or
(iii)
performance attire or clothing that exposes to view any portion of:
(A)
the female breast below the top of the areola; or
(B)
the cleft of the buttocks;
(b)
employing or using the services of a person to mingle with patrons while the person is in:
(i)
a state of nudity;
(ii)
a state of seminudity; or
(iii)
performance attire or clothing that exposes to view any portion of:
(A)
the female breast below the top of the areola; or
(B)
the cleft of the buttocks;
(c)
encouraging or permitting a person to:
(i)
engage in or simulate an act of:
(A)
sexual intercourse;
(B)
masturbation;
(C)
sodomy;
(D)
bestiality;
(E)
oral copulation;
(F)
flagellation; or
(G)
a sexual act that is prohibited by Utah law; or
(ii)
caress or fondle the breast, anus, or genitals of any other person;
(d)
permitting a person to wear or use a device or covering that:
(i)
is exposed to view; and
(ii)
simulates all or any portion of the human genitals, anus, pubic area, or female breast;
(e)
permitting a person to use an artificial device or inanimate object to depict an act prohibited by this section;
(f)
permitting a person to remain on premises or at an event who exposes to public view any portion of that person’s:
(i)
genitals, pubic area, or anus; or
(ii)
in the case of a female, the areola and nipple of the breast; or
(g)
showing a film, still picture, electronic reproduction, or other visual reproduction depicting conduct or material that is obscene or in violation of other state or federal law regarding pornography or obscenity.
(3)
Subsection (2) does not apply to artistic expression that:
(a)
when taken as a whole, has serious literary, artistic, political, or scientific value;
(b)
is not in violation of state or federal law regarding pornography or obscenity; and
(c)
occurs on premises or at an event regulated by the commission under this title that is not predominantly used for performances by sexually oriented entertainers.
