[Adopted 4-12-2000; amended in its entirety 9-11-2002]
Private and/or public clubs serving alcoholic beverages, or
providing facilities for the consumption of alcoholic beverages, or
admitting members of the public for a membership fee or similar charge
shall not open before 5:00 a.m. on any day and shall not remain open
beyond 1:00 a.m. on the following day.
The following are definitions of certain words as used in this
article:
ADULT PERFORMER
Any person in a live entertainment establishment who engages
in a mode of expression which constitutes a part of a bona fide live
communication, demonstration or artistic performance by such person
in a state of expressive nudity wherein such expressive nudity is
expressive conduct incidental to and necessary for the conveyance
or communication of a genuine message or public expression, and as
such, is protected by the United States or New Hampshire Constitution,
or because it is otherwise protected by the United States or New Hampshire
Constitution.
ENTITY
Any proprietorship, partnership, corporation, limited liability
company, association, business trust, joint venture, joint-stock company,
or other for-profit or not-for-profit organization.
EXPRESSIVE NUDITY
A.
The public display of the body of an adult performer who wears
at a minimum any fully opaque non-flesh-colored covering devices,
such as costumes, covering, pasties or g-strings which do not give
the appearance of or simulate the genitals, pubic hair, natal cleft,
perineum, anal region or pubic hair region, or the nipples or areola
of the female breast, which devices, costumes, covering, pasties or
g-strings cover the human male or female genitals, pubic hair, the
pubic areas and nipples and areola of the female breast. Liquid latex,
whether wet or dried, and similar substances which give the appearance
of or simulate the body part they are covering, body paint, body dyes
and tattoos shall not be considered opaque covering.
B.
Fully opaque non-flesh-colored covering devices, such as costumes,
covering, pasties and g-strings that do not simulate or give the realistic
appearance of the genitals, pubic hair, natal cleft, perineum, anal
region, pubic hair region, or the nipples or areola of the female
breast, which devices, costumes, covering, pasties or g-strings cover
the human male or female genitals, pubic hair, the pubic areas and
nipples or areola of the female breast, shall be considered a minimum
adequate level of attire to comply with requirements of the definition
of expressive nudity for an adult performer as set forth in this article.
C.
Provided, however, the foregoing notwithstanding, for the current
license holders of a Town of Bedford clubs and live entertainment
license who have adult performers currently performing, such adult
performers shall be permitted to wear pasties of any opaque color
and/or pasties that are flesh-colored which simulate or give the realistic
appearance of the nipples or areola of the female breast. The provisions
in the foregoing sentence shall not apply in the event that i) the
business of said current license holders is sold, or ii) there is
a conveyance of any of the ownership interests of the license holder
(i.e., stock, partnership interests, limited liability company interests,
etc.), or iii) there is a change in control of any the individuals
who are operating the license holder, or iv) the license of said current
license holder is not renewed and that decision, if appealed, is upheld
upon final appeal by a court of competent jurisdiction, or v) the
building in which the business of the license holder is currently
located is expanded, which expansion requires a site plan approval,
or vi) the business of the current license holder is moved from its
current location. In addition, the provisions of the first sentence
of this subsection shall not apply to the adult performers of such
a current license holder in a place of business in Bedford that is
in addition to the current place of business. For the purposes of
this subsection, the words "current" or "currently" shall mean July
18, 2002, the date of posting of this article by the Town of Bedford.
LIVE ENTERTAINMENT ESTABLISHMENT
Business and commercial establishments (whether open to the
public at large, or whether entrance is limited by a cover charge
or membership requirement), including but not limited to hotels, motels,
restaurants, nightclubs, country clubs, cabarets, and indoor and outdoor
meeting facilities where live entertainment is provided.
NONPERFORMING PERSON
Any person of or within a live entertainment establishment
who is not an adult performer. Nonperforming persons include, but
are not limited to, waiters or waitresses, hosts or hostesses, coat-check
or door attendants, bartenders, cooks, chefs, janitors, cleaning and
maintenance personnel, customers, patrons and clientele.
NUDE or NUDITY
A.
The showing of the human male or female genitals, pubic hair or pubic area, or certain portions of the buttocks (see minimum level of attire in the Subsection
B below) with less than a fully opaque covering, or the showing of the female breast below a horizontal line across the top of the areola. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided that the areola is not exposed in whole or in part. Nudity shall include the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region, pubic hair region, or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola. Body paint, body dyes, tattoos, liquid latex, whether wet or dried, and similar substances shall not be considered opaque covering. Provided, however, this definition shall not include "expressive nudity," as that term is defined above, shall not be considered nudity as defined herein.
B.
The following shall be considered a minimum adequate level of
attire to comply with requirements in this article: the wearing of
at least a fully opaque material which covers the genitals, natal
cleft, perineum, anal region, the anal cleft, pubic hair region, and
the female breast below a horizontal line across the top of the areola
at its highest point. An example of this minimum adequate level of
attire is a bathing suit with a top covering the breast as stated
above (for women) and a T-back (three inches wide) bottom.
PERSON
Any live human being aged 10 years of age or older (it being
recognized that the protection of minors of certain ages, including
human beings under 10 years of age, with regard to activities governed
by this article, are covered statutes of the State of New Hampshire).
PLACE PROVIDED OR SET APART FOR NUDITY
Any place in which nudity or exposure is necessarily and
customarily expected outside of the home and sphere of privacy constitutionally
protected therein, including but not limited to enclosed single-sex
public rest rooms, enclosed single-sex functional shower, locker and/or
dressing room facilities, enclosed motel and hotel rooms designed
and intended for sleeping accommodations, doctors' offices, portions
of hospitals, art school nude modeling classes, and similar places
in which nudity or exposure is necessarily and customarily expected
outside of the home and sphere of privacy constitutionally protected
therein.
PLACE REQUIRING A LIVE ENTERTAINMENT LICENSE
Includes business and commercial establishments (whether
open to the public at large, or whether entrance is limited by a cover
charge or membership requirement), including but not limited to hotels,
motels, restaurants, nightclubs, country clubs, cabarets, and indoor
and outdoor meeting facilities where live entertainment is provided.
SEXUAL CONTACT
The intentional touching, whether directly, through clothing,
or otherwise, of another person's sexual or intimate parts, including
breasts and buttocks.
SEXUAL PENETRATION
E.
Any intrusion, however slight, of any part of the person's
body or any object manipulated by the person into the genital or anal
openings of another's body.
Any person or entity found guilty in a court of competent jurisdiction
of any provision of this article may be subject to a fine not to exceed
$1,000 for each violation. Furthermore, any person or entity may be
fined for each day that a violation of this article continues, if
found guilty of said violation.
The Town Council is hereby given authority to enforce the provisions
of this article pursuant to RSA 47:17. The Town Council shall be empowered
to revoke or not renew said license for violation of any Town of Bedford
ordinance or regulation, and to take action in any court of competent
jurisdiction in law or in equity to enjoin the violation of any Town
of Bedford ordinance or regulation, or for any other relief which
may be appropriate.
This article shall be known as the "Town of Bedford Minimum
Attire in a Public Place Ordinance."
It is the intent of this article to protect and preserve the
health, safety welfare of the citizens of Bedford, by prohibiting
a person from appearing or being nude or causing another person to
appear or be nude in a public place, except:
A. When such
person appears nude in a place provided or set apart for nudity, provided
that:
(1) Such
person is nude for the sole purpose of performing the legal function(s)
that is customarily intended to be performed within such place provided
or set apart for nudity; and
(2) Such
person is not nude for the purpose of obtaining money or other financial
gain for such person or for another person or entity; or
B. When the conduct of being nude cannot legally be prohibited by this article because it constitutes expressive nudity as that term is defined in §
170-10 below.
The following are definitions of certain words as used in this
article and in other articles of the ordinances of the Town of Bedford
when specifically referenced in such other ordinances:
ADULT PERFORMER
Any person in a live entertainment establishment who engages
in a mode of expression which constitutes a part of a bona fide live
communication, demonstration or artistic performance by such person
wherein such expressive nudity is expressive conduct incidental to
and necessary for the conveyance or communication of a genuine message
or public expression, and as such, is protected by the United States
or New Hampshire Constitution, or because it is otherwise protected
by the United States or New Hampshire Constitution.
ENTITY
Any proprietorship, partnership, corporation, limited liability
company, association, business trust, joint venture, joint-stock company,
or other for-profit or not-for-profit organization.
EXPRESSIVE NUDITY
A.
The public display of the body of an adult performer who wears
at a minimum any fully opaque non-flesh-colored covering devices,
such as costumes, covering, pasties or g-strings which do not give
the appearance of or simulate the genitals, pubic hair, natal cleft,
perineum, anal region or pubic hair region, or the nipples or areola
of the female breast, which devices, costumes, covering, pasties or
g-strings cover the human male or female genitals, pubic hair, the
pubic areas and nipples and areola of the female breast. Liquid latex,
whether wet or dried, and similar substances which give the appearance
of or simulate the body part they are covering, body paint, body dyes
and tattoos shall not be considered opaque covering.
B.
Fully opaque non-flesh-colored covering devices, such as costumes,
covering, pasties and g-strings that do not simulate or give the realistic
appearance of the genitals, pubic hair, natal cleft, perineum, anal
region, pubic hair region, or the nipples or areola of the female
breast, which devices, costumes, covering, pasties or g-strings cover
the human male or female genitals, pubic hair, the pubic areas and
nipples or areola of the female breast, shall be considered a minimum
adequate level of attire to comply with requirements of the definition
of "expressive nudity" for an adult performer.
NUDE or NUDITY
A.
The showing of the human male or female genitals, pubic hair or pubic area, or certain portions of the buttocks with less than a fully opaque covering, or the showing of the female breast below a horizonal line across the top of the areola. (See minimum level of attire in Subsection
B below.) This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided that the areola is not exposed in whole or in part. Nudity shall include the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region, pubic hair region, or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola. Body paint, body dyes, tattoos, liquid latex whether wet or dried, and similar substances shall not be considered opaque covering. This definition shall not include "expressive nudity," as that term is defined above, and "expressive nudity" shall not be considered nudity as defined herein.
B.
The following shall be considered a minimum adequate level of
attire to comply with requirements in this article: the wearing of
at least a fully opaque material which covers the genitals, natal
cleft, perineum, anal region, the anal cleft, pubic hair region, and
the female breast below a horizontal line across the top of the areola
at its highest point. An example of this minimum adequate level of
attire is a bathing suit with a top covering the breast as stated
above (for women) and a T-back (three inches wide) bottom.
PERSON
Any live human being aged 10 years of age or older (it being
recognized that the protection of minors of certain ages, including
human beings under 10 years of age, with regard to activities governed
by this article are covered statutes of the State of New Hampshire).
PLACE PROVIDED OR SET APART FOR NUDITY
Any place in which nudity or exposure is necessarily and
customarily expected outside of the home and sphere of privacy constitutionally
protected therein, including but not limited to enclosed single-sex
public rest rooms, enclosed single-sex functional shower, locker and/or
dressing room facilities, enclosed motel and hotel rooms designed
and intended for sleeping accommodations, doctors' offices, portions
of hospitals, art school nude modeling classes, and similar places
in which nudity or exposure is necessarily and customarily expected
outside of the home and sphere of privacy constitutionally protected
therein.
PUBLIC PLACE
Any locations frequented by the public, or where the public
is present or likely to be present, including but not limited to:
A.
All outdoor places owned by or open to the general public, and
all buildings and enclosed places owned by or open to the general
public, including but not limited to streets, sidewalks, business
and commercial establishments; and
B.
All buildings and enclosed theaters, dance halls, banquet halls,
party rooms or halls limited to specific members, restricted to adults
or to patrons invited to attend, whether or not an admission charge
is levied; and
C.
A restaurant, bar, or other establishment serving food or drink;
and
D.
An auditorium, convention center, lecture hall, or other place
of public gathering; and
E.
A bakery, grocery store, clothing store, shopping center, or
other sales or rental establishment; and
F.
A laundromat, bank, barbershop, beauty shop, office of an accountant
or lawyer, or other service establishment; and
G.
A terminal, depot, or other station used for specified public
transportation; and
H.
A golf course, park, playground, beach or other public place
of recreation; and
I.
A nursery, elementary, secondary, undergraduate or postgraduate
private school, or other place of education; and
J.
A day-care center, senior citizen center, homeless shelter,
or other social services center establishment; provided, however,
that such locations shall only be deemed to be public places during
the time periods that the public is present or likely to be present
and shall exclude those portions of any such locations in which the
public is not permitted.
Any person or entity not exempt from this article under the provisions set forth in §
170-8,
170-9C or
170-10, and found guilty in a court of competent jurisdiction of any provision of this article may be subject to a fine not to exceed $1,000 for each violation. Furthermore, any person, corporation or entity may be fined for each day that a violation of this article continues, if found guilty of said violation.
The Town Council is hereby given authority to enforce the provisions
of this article pursuant to RSA 47:17. The Town Council shall be empowered
to take action in any court of competent jurisdiction in law or in
equity to enjoin the violation of any Town of Bedford ordinance or
regulation, or for any other relief which may be appropriate.