[HISTORY: Adopted by the Town Council of
the Town of Franklin 4-1-1981 by Bylaw Amendment 81-12; amended in its entirety 3-5-2008by Bylaw Amendment
08-614. Subsequent amendments noted where applicable.]
The following acts, conduct and dress in or
on a premises licensed in accordance with MGL c. 138 or c. 140 are
deemed contrary to the public need and to the common good, and therefore
are prohibited; no holder of any license issued under either MGL c.
138 or c. 140 shall cause or permit any prohibited act, conduct or
dress to take place in or upon the licensed premises.
It is forbidden to employ or permit any person in or on the licensed premises while such person is unclothed or in such attire as to expose to view any portion of the areola of the female breast or any portion of the male and/or female genitals, pubic hair, buttocks or groin. Entertainers shall wear a nontransparent material which conceals the areola of the female breast. This section shall not apply to premises located within the Adult Use Overlay District as defined in Chapter 185, § 185-47, of the Town Code and which holds a valid special permit thereunder as an "adult live entertainment establishment."
It is forbidden to employ or permit any hostess,
waitress or other person to mingle with the patrons while such hostess,
waitress or other person is unclothed or in such attire as would expose
to view any portion of the areola of the female breasts or any portion
of the male and/or female pubic hair, genitals, buttocks or groin.
It is forbidden to encourage or permit any person
in or on the licensed premises to touch, caress or fondle the breasts,
buttocks or genitals of one's own person or of any other person.
It is forbidden to employ or permit any person to wear or use any device, apparatus or covering exposed to view which simulates the breasts, buttocks, pubic hair or genitals or any portion thereof which would be a violation of § 43-4 above.
It is forbidden to employ or permit any person
in or on the licensed premises to perform any act or acts or to simulate
the act or acts of:
It is forbidden to allow any entertainer to
perform in or on the licensed premises, while in the course of his
or her entertainment or performance, so to entertain or perform less
than three feet from any patron in or on the licensed premises.
At all times the entire area of the premises
must be continually illuminated to the degree of not less than one
footcandle (measured 30 inches from the floor) except those portions
of the room covered by furniture.
No employee and/or entertainer shall solicit,
induce or request a patron to purchase any alcoholic or nonalcoholic
beverage for him/her or any other person. Nothing shall prohibit the
above activity between any employee and/or entertainer and any person
who is related by blood or marriage.
No devices, mechanical, electrical or otherwise,
shall be utilized by any licensee or anyone for whose conduct said
licensee is responsible for the purpose of signaling employees, entertainers
and/or patrons that agents of licensing authorities or law enforcement
authorities are present.
Violation of any provision of this chapter shall
be deemed to be a violation of a condition of the licensee's license
and, in the case of an alcoholic beverages license, may constitute
grounds for the local licensing authority to modify, suspend, revoke
or cancel the license as provided in MGL c. 138, § 64. A
violation of any provision of this chapter shall also be punishable
by a fine in the amount of $300; each violative act or omission shall
constitute a separate offense. The Town Council or its designated
agent(s), the Town Administrator or his designated agent, and the
Franklin Police Department shall be the enforcing agents for purposes
of MGL c. 40, § 21D.
