It is enacted by the General Assembly as follows
SECTION 1. Section 3-7-7.3 of the General Laws in Chapter 3-7 entitled "Retail Licenses" is hereby amended to read as follows:
3-7-7.3. Class
B licenses -- Restriction on entertainment. -- Notwithstanding
any provision of this chapter or in the Rhode Island General Laws
to the contrary, in the case of any city or town which {DELprior
to July 1, 1993 had not previously issued
issues any retailer's license, Class B, such city or town
may restrict or prohibit entertainment at such {DELnewly
licensed facilities, provided that any such restriction(s) or
prohibition applies uniformly to all such {DELnewly
licensed facilities.
SECTION 2. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" is hereby amended by adding thereto the following chapter:
5-72-1. General provisions. -- (a) It shall be unlawful of any person maintaining, owning, or operating a commercial establishment located within the town of Johnston, at which alcoholic beverages are offered for sale or consumption on the premises, to, without a license pursuant to section 5-72-2:
(1) Suffer or permit any female person, while on the premises of said commercial establishment, to expose to the public view that area of the human breast at or below the areola thereof.
(2) Suffer or permit any female person, while on the premises of said commercial establishment to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in subsection (a) (1).
(3) Suffer or permit any person, while on the premises of said commercial establishment to expose to public view his or her genitals or pubic area.
(4) Suffer or permit any person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals or pubic area.
5-72-2. Licensure and regulations. -- (a) The town council of the town of Johnston shall, in addition to the licensing and regulatory powers enumerated in title 5 of the general laws, have the power to license any establishment where nudity is permitted on the premises and alcoholic beverages are offered for sale or consumption on the premises.
(b) The town council shall have the power to limit the hours of operation of any such establishment and may designate specific areas within the town of Johnston where nudity on the premises where alcoholic beverages are offered for sale or consumption on the premises may be permitted and/or to prohibit the operation of any new such establishment after the effective date of this act.
5-72-3. Revocation of license. -- If the owner, operator, licensee lessor, lessee, manager, employee or any other person participating in the operation of an establishment located within the town of Johnston at which alcoholic beverages are offered for sale for consumption on the premises shall violate or be in violation of any of the provisions of this section, the town council may revoke the license for said establishment after giving a reasonable notice thereof to the holder of said license and affording the holder an opportunity to be heard as to why the revocation should not be issued.
5-72-4. Severability. -- If any provision or part thereof of this chapter, or application thereof to any person or circumstances be held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the application of the provisions to other persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
SECTION 3. If any provision or part thereof of this act, or application thereof to any person or circumstances be held unconstitutional or otherwise invalid, the remaining provisions of this act and the application of the provisions to other persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
SECTION 4. This act shall take effect upon passage.
