Section 45-35-20


Published: 2015

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Section 45-35-20

Section 45-35-20Legislative findings.

The Legislature finds all of the following:



(1) The authority of the Legislature to enact local laws regulating the liquor traffic is preserved in Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.



(2) Relying on prior judicial opinions of the federal courts, it has been clearly established that reducing the secondary effects associated with adult entertainment businesses serves and furthers a substantial governmental interest, particularly when the serving of alcohol is involved.



(3) Any form of nudity and sexual conduct in establishments that serve alcohol or deal in alcoholic beverages encourages the conduct of prostitution, attempted rape, rape, murder, and assaults on police officers in and around an establishment dealing in or permitting the consumption of alcoholic beverages, and that actual and simulated nudity and sexual conduct and the depiction thereof coupled with alcohol in an establishment dealing in or permitting the consumption of alcoholic beverages begets undesirable behavior, sexual, lewd, lascivious, and salacious behavior or conduct among patrons and employees within establishments that deal in alcoholic beverages and results in violation of law and dangers to health, degradation of women, and safety and welfare of the public. It is the intent of this part to prohibit nudity, partial nudity, gross sexuality, and the simulation and depiction thereof in establishments dealing in alcoholic beverages and to thereby protect and preserve the health, safety, morals, and welfare of the people of Houston County by prohibiting any person from recklessly, knowingly, or intentionally appearing nude or semi-nude including, but not limited to, erotic dancing, bikini dancing, or other entertainment where the entertainers, employees, dancers, or waiters appear nude or semi-nude in an establishment dealing in or permitting the consumption of alcoholic beverages, or recklessly, knowingly, or intentionally causing or permitting another person to appear nude in an establishment dealing in or permitting the consumption of alcoholic beverages within the county.

(Act 2009-817, p. 2544, §1.)