23-614. Prohibited acts — Misdemeanors — Penalties. (1) It shall be unlawful for a licensee or his agent or employee to knowingly allow or engage in any of the following kinds of conduct on his licensed premises:
(a) Any live conduct or entertainment by any person whose genitals, female areola, anal cleft, anus, or pubic hair are exposed or who is wearing transparent clothing that reveals the genitals, female areola, anal cleft, anus, or pubic hair;
(b) Any live conduct or entertainment that includes sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any act that includes the penetration, however slight, by any object into the genital or anal opening of a person’s body;
(c) Any live conduct or entertainment that simulates sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any act that simulates the penetration, however slight, by any object into the genital or anal opening of a person’s body;
(d) Any live conduct or entertainment that includes the fondling of the breasts, buttocks, anus, vulva, or genitals;
(e) Individuals who are personally present and wearing or using any clothing or device that exposes in any way simulated genitals, female areola, anal cleft, anus, or pubic hair; or
(f) The showing of films, still pictures, electronic reproductions or other visual reproductions which are in violation of chapter 41, title 18, Idaho Code (indecency and obscenity), or are in violation of federal law regarding pornography, indecency or obscenity.
(2) Supervision. It shall be unlawful for a licensee to fail to supervise in person or through a manager the business for which a permit is issued.
(3) Exception. With the exception of subsection (l)(b) above, this section does not apply to any theatrical or artistic performance which, when considered as a whole and in the context that it is used, expresses matters of serious literary, artistic, scientific or political value and is:
(a) Held at a theater, concert hall, art center, museum, event center, or any other establishment or venue licensed under title 23, Idaho Code, and is held out to the public as predominately offering and which does offer such performances; or
(b) Held at a theater, concert hall, art center, museum, event center, or any other establishment or venue that does not fall within subsection (3)(a) above and is not predominately used to serve alcohol with live entertainment regulated under subsection (1)(a) through (e) of this section, but has a valid license under title 23, Idaho Code, and, if required by the city or county, a valid permit from the city or county to serve alcohol at such performance; and
(c) Is not in violation of chapter 41, title 18, Idaho Code (indecency and obscenity), or in violation of federal law regarding pornography, indecency or obscenity.
(4) 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.
(5) 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 (4) 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.
[23-614, added 2017, ch. 280, sec. 3, p. 732.]