There is hereby created a Board of Entertainment
Standards and Review. The Board is to be comprised of the Mayor, Chief
of Police, Town Solicitor and a member of the Town Council, all of
the Town of Johnston. The named members may designate an individual
citizen of the Town to act in their stead as representative members
when the named members are unavailable to perform their duties as
Board members.
The duties of the Board are to review and examine
all entertainment and/or publications offered to the public by licensed
establishments within the Town when, in its opinion, the Board has
reason to believe the entertainment may be concerned with sexual conduct
falling within the applicable state law prohibitions with regard to
its propriety for public view as it relates to the community standards,
using as guidelines:
A. Whether the average person applying contemporary community
standards would find that the work, taken as a whole, appeals to the
prurient interest;
B. Whether the work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by the applicable
state law; and
C. Whether the work, taken as a whole, lacks serious
literary, artistic, political or scientific value.
The Board will give reasonable notice to any
establishment so licensed that, upon examination and review, the work
offered by the establishment when taken as a whole appeals to the
prurient interest in sex, portrays sexual conduct in a patently offensive
way, and does not have serious literary, political or scientific value.
Upon such notice the establishment will cease and desist immediately
to offer the entertainment or publication.
Failure to comply with the notice or continued
offerings of works ordered withdrawn by the Board will be grounds
for a revocation of the license by the Town Council.
The Board will make rules and regulations not
inconsistent with existing law for the compliance of this article.