§ 10-169. Conduct constituting offenses by licensees.

(a)

Tumultuous conduct. The licensee shall not knowingly allow on any licensed premises any person to disturb, tend to disturb, or aid in disturbing the peace of others of ordinary sensibilities or to be disorderly by violent, tumultuous, offensive or obstreperous conduct; or to permit or gather a crowd, audience or patrons to witness any entertainment, amusement or show as to create a dangerous condition because of fire or other risks in derogation of the public health, comfort, convenience, safety or welfare.

(b)

Riots. The licensee shall not allow on any licensed premises any public entertainment or amusement or show of any kind which tends to or is calculated to cause or promote any riot or disturbance.

(c)

Unnecessary noise. The licensee shall not allow on any licensed premises the making, creation or maintenance of excessive, unusually loud noise which disturbs, annoys, injures or prejudices, or endangers the comfort, repose, health, peace or safety of individuals of ordinary sensibilities or the public in general, or the property rights of others, and which noises affect and are a detriment to public health, comfort, convenience, safety, welfare or the prosperity of the residents of the town.

(d)

Nuisances. The licensee shall not allow any licensed premises to be so conducted or operated as to amount to a nuisance in fact under any ordinances, or any sections of any ordinances, articles, bylaws or rules and regulations of the town, or under any statutes of the state.

(e)

Prostitution and public indecency. The licensee shall not allow on any licensed premises or aid in or offer or agree to or allow in or near such licensed premises any prostitution, or prostitutes, or any public indecency under any or in derogation of any statutes of the state, or any meretricious display, lewd act, or act of moral perversion; or knowingly receive or offer or agree to receive any person on such licensed premises for the purpose of performing a lewd act, an act of prostitution or moral perversion, or public indecency; or to knowingly permit any person to remain on such licensed premises for any such purpose; or to aid, abet, allow, permit or participate in the commission of any such acts.

(f)

Solicitation of drinks. The licensee shall not allow on any licensed premises any person to frequent or loiter with the purpose of soliciting any other person, customer or patron to purchase any drink of any kind.

(g)

Gambling. The licensee shall not allow on any licensed premises the use or occupancy of the premises for gambling or games of chance as prohibited by the statutes of the state or ordinances, articles, bylaws or rules and regulations of the town.

(h)

Obscenity.

(1)

Prohibited acts. The licensee on any licensed premises shall not:

a.

Material. Knowingly disseminate, distribute or make available to the public any obscene material;

b.

Performance. Knowingly make available to the public any obscene performance;

c.

Commercial activity. Knowingly engage in commerce and/or for commercial gain with materials depicting and describing explicit sexual conduct, nudity or excretion, utilizing displays, circulars, advertisements or any other public sales efforts that promote such commerce primarily on the basis of their prurient appeal;

d.

Exposure. Provide service to patrons in such a manner as to expose to public view:

1.

The licensee's or any of his agents' or employees' genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;

2.

Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or

3.

Any portion of the female breast at or below its areola; or

e.

Promotion. Knowingly promote the commission of any act listed in this subsection.

(2)

Definitions. For the purposes of this subsection (h):

a.

Obscene means that to the average person applying contemporary community standards the predominant appeal of the matter or act taken as a whole, is to prurient interest, and the matter or act depicts or describes in a patently offensive manner sexual conduct or lewd exhibition of the genitals or other body parts mentioned in this section, and the matter or act or performance considered as a whole lacks serious literary, artistic, political or scientific value; or any matter or acts or performance which are prohibited by the statutes of the state.

b.

Material means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.

c.

Disseminate means to transfer possession of, with or without consideration.

d.

Knowingly means being aware of the character and the content of the material.

e.

Performance means any preview, play, show, skit, film, dance, or other exhibition, or entertainment performed before an audience.

f.

Available to the public means that the matter or performance or act may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance or act, or available merely by being a patron of or present in an establishment that is licensed to sell liquor.

g.

Service to patrons means the provision of services to customers, patrons or any other persons present in establishments providing food and beverages, including, but not limited to, hostessing, hat-checking, cooking, bartending, serving, table setting and clearing, waiting and waitressing, and entertainment.

(Code 1983, § 6-205)