Ask the Hoglawyer:

Mike H. from Hope, Arkansas asks:

The last time I was at my favorite strip club in Little
Rock, I noticed the dancers had on pasties on their breasts?
They don’t have to do that in Iowa, New Hampshire or South Carolina.
What are the rules in Arkansas that regulate adult entertainment?

I’m glad you asked Mike. While there are some criminal rules, for the
most part the adult entertainment industry is regulated by the Alcohol
and Beverage Control. They have very specific regulations, most of which can be found at the Secretary of State’s website. Of course, I wouldn’t know anything about
these clubs in general, or the five in Pulaski County.

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The rules, which I included in the extended entry, include specifically forbid:

A.     Prostitute Frequenting Premises. Permitted any prostitute to
frequent the permitted premises;

D. Immoral Conduct or Improper Entertainment On Premises. Permitted
any immoral, lewd, obscene, indecent or profane conduct, language,
literature, pictures or materials or improper entertainment on the
permitted premises.

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So no lewd or indecent language please.

The following acts or conduct on licensed premises are deemed to
constitute lewd, immoral, or improper entertainment:

Section 3.19(1)D.1.a. To allow any person 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 breasts below
the top of the areola, any portion of the public hair, anus, cleft of
the buttocks, vulva or genitals or any simulation thereof. (Amended
9-8-97)

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c. 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;

In practice, I am told, this means the entertainer can touch you with

her breasts/ buttocks but you can’t touch her ( or him I presume). Or
maybe this rule is just given wide latitude.

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

I’d be scared to see what a simulation would look like. I’m guessing
this means no realistic looking nipple covers?  Otherwise the ABC
agents would have to somehow determine if they had on fake nipples or
if they were real – and who would want that job?

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Live entertainment may be approved by the Director or Board at any on
premises license premises, except that:

a. No permittee shall permit any person to perform acts of or acts
which simulate:

1) Sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation or any sexual acts which are prohibited by
law;    How do you simulate bestiality?  I don’t want to know.

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2) The touching, caressing or fondling of the breasts, buttocks, anus
or genitals;

3) The displaying of the public hair, anus, vulva or genitals. (Amended 9-8-97)

b. Subject to the provisions of Sub-paragraph 2(a) hereof,
entertainers whose buttocks are exposed to view shall perform only on
a stage at least two (2) feet above the immediate floor level and
removed at least three (3) feet from the nearest patron. Physical
contact between customers/patrons and entertainers during any dancing
performance, including placing tips in the hand of or within or on any
article of clothing of any such dancer, is prohibited. (Amended 8-19-
93)   Again, from what I’m told – this isn’t enforced strongly.

I hope that answers your question Mike.   Any legal questions, especially those involving sex, drugs, and rock and roll, may be sent to hoglawyer@gmail.com

 

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