[HISTORY: Adopted by the Town Meeting of the Town of Upton as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 4, Ch. 5, of the General Bylaws]
The acts or conduct enumerated in § 153-2 of this bylaw is deemed contrary to the public need and to common good and therefore is prohibited in or on premises licensed under the provisions of MGL c. 138, §§ 1 and 12, or MGL c. 140, § 181 or 183A.
The following acts or conduct is prohibited as provided in § 153-1 of this bylaw:
A. 
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 pubic hair, cleft of the buttocks, or genitals.
B. 
To employ or permit any host, hostess or other person to mingle with the patrons while such host, hostess or other person is unclothed or in such attire as described in Subsection A above.
C. 
To encourage or permit any host, hostess or other person in or on the licensed premises to touch, caress or fondle the breasts, buttocks, or genitals of any other person.
D. 
To employ or permit any person to wear or use any device or covering exposed to view which simulates the breasts, buttocks, pubic hair or genitals or any portions thereof.
E. 
To employ or permit any person in or on the licensed premises to perform an act or acts, or to simulate the act or acts of:
(1) 
Sexual intercourse, masturbation, sodomy, flagellation or any sexual acts prohibited by law.
(2) 
Touching, caressing or fondling of the breasts, buttocks or genitals of another.
F. 
To employ or permit any person in or on the licensed premises to show motion pictures, films, television tape cassettes, still pictures or other photographic reproductions depicting any acts, or any simulation of any of the acts prohibited in Subsections A and E hereof.
Nothing contained in this bylaw shall permit any other conduct or activity in or on any licensed premises in violation of any general or special bylaw or bylaw now in force or hereafter enacted or adopted.
Nothing contained in this bylaw shall limit or prohibit the appropriate licensing authority from adopting additional regulations relating to conduct or activity on licensed premises or from imposing additional conditions on the issuance of any license.
[Amended 5-8-2021 ATM by Art. 17]
In addition to the penalty imposed by § 153-5 hereof, violations of this bylaw shall be punished by a fine of not more than $300; each day a prohibited activity occurs shall constitute a separate offense.
If any of the provisions of this bylaw or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions of this bylaw, or the application thereof, and for this purpose the provision of this bylaw are severable.