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2008 SESSION

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HB 1171 Alcoholic mixed beverages; grounds for suspension, etc. of license if obscene material upon premise.

Introduced by: John A. Cosgrove | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Alcoholic beverage control; prohibited acts; grounds for suspension or revocation of license; exceptions. Removes the authority of the Alcoholic Beverage Control Board to revoke or suspend a license if an establishment has allowed noisy, lewd, or disorderly conduct upon the licensed premises. The bill clarifies that the Board may revoke or suspend a license if a licensee allows obscene literature, pictures or materials upon the licensed premises. The Board may also revoke a license if the licensee allows any striptease act or any person connected with the licensed business to appear nude or partially nude unless the licensee is operating a theatre, concert hall, art center, museum, or similar establishment that is devoted primarily to the arts or theatrical performances, when the performances are expressing matters of serious literary, artistic, scientific, or political value. For a mixed beverage licensee, the Board may revoke or suspend the license if the licensee allows entertainment of an obscene nature, stripteasing, topless entertaining, or entertainment that has employees who are not clad both above and below the waist unless the licensee is operating a theatre, concert hall, art center, museum, or similar establishment that is devoted primarily to the arts or theatrical performances, when the performances are expressing matters of serious literary, artistic, scientific, or political value.

SUMMARY AS PASSED HOUSE:

Alcoholic beverage control; prohibited acts; grounds for suspension or revocation of mixed beverage license; exceptions. Clarifies what lewd or disorderly conduct is and also provides that the grounds for suspension or revocation of a mixed beverage license relating to lewd entertainment, strip tease acts, or full or partial nudity do not apply to persons operating theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are not obscene and are expressing matters of serious literary, artistic, scientific, or political value. Nor do the prohibitions on bad language, strip tease acts, or full or partial nudity apply to licensees operating theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances when the performances are not obscene and are expressing matters of serious literary, artistic, scientific, or political value.

SUMMARY AS INTRODUCED:

Alcoholic beverage control; prohibited acts; grounds for suspension or revocation of mixed beverage license; exceptions. Clarifies that lewd or disorderly conduct is such conduct as defined by existing ABC Board regulations. The bill also provides that the grounds for suspension or revocation of a mixed beverage license relating to lewd entertainment, strip tease acts, or full or partial nudity do not apply to persons operating theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are not obscene and are expressing matters of serious literary, artistic, scientific, or political value. Nor do the prohibitions on bad language, strip tease acts, or full or partial nudity apply to licensees operating theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances when the performances are not obscene and are expressing matters of serious literary, artistic, scientific, or political value.