Topic:
LIQUOR;
Location:
LIQUOR;

OLR Research Report


August 13, 2004

 

2004-R-0649

EXOTIC DANCING

By: Kevin E. McCarthy, Principal Analyst

You asked for a summary of state law regulating exotic dancing, particularly the Department of Consumer Protection's (DCP) powers under the Liquor Control Act (CGS 30-1 et seq.).

REGULATION OF EXOTIC DANCING

DCP has authority to adopt regulations to inspect liquor permit premises (e.g., bars) and to ensure proper, safe, and orderly conduct of such premises. Under DCP regulations (Conn. Agencies Regs. 30-6-A24), no person can be employed or used on the premises while nude or while clothed in a way that exposes the lower half of her breast or any part of genitals, cleft of the buttocks, anus, vulva, or public hair. No dancer, entertainer, or other person can:

1. perform sexual acts, including intercourse, masturbation, oral copulation, or simulations of these acts;

2. touch, caress, or fondle the breasts, buttocks, anus, or genitals;

3. display the lower half of a woman's breast or any part of genitals, cleft of the buttocks, anus, vulva, or public hair.

No one can wear any clothing or device that simulates the breast, genitals, anus, or public hair, or parts of them. A permittee may not permit any person or entertainer who has exposed any part of the public hair, anus, cleft of the buttocks, vulva, or genitals to remain on the premises

Entertainers can only perform at fixed locations approved by DCP and no entertainment can be performed on the bar. Entertainers cannot mingle with the patrons unless DCP waives this provision in writing. No minor can be employed as a dancer on the premises unless she is legally emancipated or her parent or guardian has agreed to such employment in writing.

No person on the premises over whom the permittee can reasonably exert control can touch, fondle, or caress the breasts, buttocks, anus, or genitals of any other person. Permittees are held strictly accountable for the conduct of their premises.

The above provisions only apply to bars and other liquor establishments regulated by DCP. As discussed in OLR Report 96-R-0825, municipalities can regulate adult uses under zoning law (CGS 8-2) under certain circumstances, even if they do not sell liquor. In addition, CGS 19a-345 to 352 authorizes closing a building used for lewdness or prostitution and selling all property used for those purposes.

KM:ro