2005 Idaho Code - 23-614 — PROHIBITED ACTS -- MISDEMEANORS -- PENALTIES

                                  TITLE  23
                             ALCOHOLIC BEVERAGES
                                  CHAPTER 6
                               PENAL PROVISIONS
    23-614.  PROHIBITED ACTS -- MISDEMEANORS -- PENALTIES. (1) No person,
partnership, association or corporation shall conduct, permit, or encourage
any of the following acts or activities in or upon premises licensed pursuant
to title 23, Idaho Code:
    (a)  Employment or use of any person, including allowing any person on the
    premises, while such person is unclothed or in such attire, costume or
    clothing as to expose to view any portion of the female breast below the
    top of the areola or of any portion of the pubic hair, anus, cleft of the
    buttocks, vulva or genitals.
    (b)  Employment or use of any person who touches, caresses or fondles the
    breast, buttocks, anus or genitals of any other person, or who is so
    touched, caressed or fondled by another person.
    (c)  Employment or use of any person to wear or use any device or
    covering, exposed to view, which simulates the breast, genitals, anus,
    pubic hair or any portion thereof.
    (d)  Employment or use of any person to perform acts of or acts which
    simulate sexual intercourse, masturbation, sodomy, bestiality, oral
    copulation, flagellation or any sexual acts which are prohibited by law.
    (e)  The showing of films, still pictures, electronic reproductions, or
    other visual reproductions depicting:
         (i)   Acts or simulated acts of sexual intercourse, masturbation,
         sodomy, bestiality, oral copulation, flagellation or any sexual acts
         which are prohibited by law.
         (ii)  Any person being touched, caressed or fondled on the breast,
         buttocks, anus or genitals.
         (iii) Scenes wherein a person displays the vulva or the anus or the
         genitals.
         (iv)  Scenes wherein artificial devices or inanimate objects are
         employed  to portray any of the prohibited activities described in
         this section.
    (2)  A violation of any of the provisions of this section by any agent,
employee, or other person in any way acting on behalf of a licensee shall
constitute a misdemeanor, and upon conviction such person shall be fined not
less than the sum of one hundred dollars ($100) nor more than the sum of three
hundred dollars ($300), or be imprisoned in the county jail for not less than
thirty (30) days nor more than six (6) months, or both such fine and
imprisonment. Any court in which a judgment of conviction is entered shall
certify a copy thereof to the director, and the director shall thereupon
commence administrative proceedings. The director shall review the
circumstances and may take action he considers appropriate against the
licensee including suspension of the license for not to exceed six (6) months,
a fine, or both such suspension and fine or may revoke the license.
    (3)  In addition to misdemeanor violations or other criminal proceedings
instituted under this section, upon sufficient proof to the director, the
director shall take administrative action as provided in subsection (2) of
this section against any licensee in the event any person is found to have
committed any of the above proscribed acts. The proceedings shall be in
accordance with provisions of the administrative procedure act.