390-1 Definitions. As used in this chapter:

"Adult entertainment" means an activity to which a minor would not be able to legally gain admittance and shall include but not be limited to:

(1) Performing of exotic entertainment;

(2) Nude, exotic, or lap dancing;

(3) Showing of film, video, still picture, electronic reproduction, or other visual reproduction depicting:

(A) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts that are prohibited by law;

(B) Any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitalia;

(C) Scenes wherein a person displays the anus or genitalia; or

(D) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.

"Department" means the department of labor and industrial relations.

"Director" means the director of labor and industrial relations.

"Employer" includes any individual, partnership, association, joint stock company, trust, corporation, the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same, employing any person, but shall not include the State or any political subdivision thereof or the United States.

"Gainful occupation" means any activity which produces pecuniary gain for any person or persons connected therewith.

"Theatrical employment" means gainful occupation as a model, dancer, singer, musician, entertainer or motion picture, television, radio or theatrical performer. [L 1969, c 162, pt of 2; am L 1976, c 200, pt of 1; am L 2003, c 61, 2]


Revision Note


Numeric designations deleted pursuant to 23G-15.



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