32B-1-504. General requirements on attire and conduct.
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/ut/title-32b/chapter-1/32b-1-504·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/8/2018
32B-1-504. General requirements on attire and conduct.
(1)As used in this section, "obscene" means that:
(a)the average individual, applying contemporary community standards, would find the conduct or material, taken as a whole, appeals to the prurient interest;
(b)the conduct or material depicts or describes sexual conduct in a patently offensive way; and
(c)the conduct or material, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(2)The following attire and conduct on premises or at an event regulated by the commission under this title are considered contrary to the public health, peace, safety, welfare, and morals, and are prohibited:
(a)employing or using a person in the sale, offer for sale, or furnishing of an alcoholic product while the person is in:
(i)a state of nudity;
(ii)a state of seminudity; or
(iii)performance attire or clothing that exposes to view any portion of:
(A)the female breast below the top of the areola; or
(B)the cleft of the buttocks;
(b)employing or using the services of a person to mingle with patrons while the person is in:
(i)a state of nudity;
(ii)a state of seminudity; or
(iii)performance attire or clothing that exposes to view any portion of:
(A)the female breast below the top of the areola; or
(B)the cleft of the buttocks;
(c)encouraging or permitting a person to:
(i)engage in or simulate an act of:
(A)sexual intercourse;
(B)masturbation;
(C)sodomy;
(D)bestiality;
(E)oral copulation;
(F)flagellation; or
(G)a sexual act that is prohibited by Utah law; or
(ii)caress or fondle the breast, anus, or genitals of any other person;
(d)permitting a person to wear or use a device or covering that:
(i)is exposed to view; and
(ii)simulates all or any portion of the human genitals, anus, pubic area, or female breast;
(e)permitting a person to use an artificial device or inanimate object to depict an act prohibited by this section;
(f)permitting a person to remain on premises or at an event who exposes to public view any portion of that person's:
(i)genitals, pubic area, or anus; or
(ii)in the case of a female, the areola and nipple of the breast; or
(g)showing a film, still picture, electronic reproduction, or other visual reproduction depicting conduct or material that is obscene or in violation of other state or federal law regarding pornography or obscenity.
(3)Subsection
(2)does not apply to artistic expression that:
(a)when taken as a whole, has serious literary, artistic, political, or scientific value;
(b)is not in violation of state or federal law regarding pornography or obscenity; and
(c)occurs on premises or at an event regulated by the commission under this title that is not predominantly used for performances by sexually oriented entertainers.
Amended by Chapter 313 , 2018 General Session