A holder of a liquor license or beer permit or any owner, manager, or person who exercises direct control over any licensed premises defined in section 123.3, subsection 20 shall be guilty of a serious misdemeanor under any of the following circumstances:
1. If such person allow or permit the actual or simulated public performance of any sex act upon or in such licensed premises.
2. If such person allow or permit the exposure of the genitals or buttocks or female breast of any person who acts as a waiter or waitress.
3. If such person allow or permit the exposure of the genitals or female breast nipple of any person who acts as an entertainer, whether or not the owner of the licensed premises in which the activity is performed employs or pays any compensation to such person to perform such activity.
4. If such person allow or permit any person to remain in or upon the licensed premises who exposes to public view the person's genitals, pubic hair, or anus.
5. If such person allow or permit the displaying of moving pictures, films, or pictures depicting any sex act or the display of the pubic hair, anus, or genitals upon or in such licensed premises.
6. If such person advertises that any activity prohibited by this section is allowed or permitted in such licensed premises.
7. If such person allows or permits a minor to engage in or otherwise perform in a live act intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons. However, if such person allows or permits a minor to participate in any act included in subsections 1 through 4, the person shall be guilty of an aggravated misdemeanor.
Provided that the provisions of this section shall not apply to a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and any of the circumstances contained in this section were permitted or allowed as part of such art exhibits or performances.
[C79, 81, § 728.5]
92 Acts, ch 1029, § 1
Referred to in § 728.8
Iowa General Assembly
Search: Iowa Code 1997
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