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<br />§ 4.20.340
<br />Sec. 4.20.340. Permitted area.
<br />ORONO CODE
<br />Large assemblies shall be permitted only after
<br />a finding by the council that the character of the
<br />proposed assembly is compatible with the
<br />character of the surrounding neighborhood,
<br />considering the problems of noise, lighting, traf-
<br />fic, sanitation, congestion and other factors affect-
<br />ing the public health, safety and welfare of the
<br />entire area, and compliance with this Code.
<br />(Code 1984, § 5.25(6); Code 2003, § 38-674)
<br />Sec. 4.20.350. Obscenity prohibited.
<br />(a) Definitions. The following words, terms
<br />and phrases, when used in this section, shall
<br />have the meanings ascribed to them in this
<br />subsection, except where the context clearly
<br />indicates a different meaning:
<br />Nudity means uncovered, or less than opaquely
<br />covered, post -pubertal human genitals, pubic
<br />areas, the post -pubertal human female breast
<br />below a point immediately above the top of the
<br />areola, or the covered human male genitals in a
<br />discernibly turgid state. For purposes of this
<br />definition, a female breast is considered uncovered
<br />if the nipple only or the nipple and the areola
<br />only are covered.
<br />Obscene performance means a performance
<br />which in whole or in part depicts or reveals
<br />nudity, sexual conduct, sexual excitement or
<br />sadomasochistic abuse, or which includes obsceni-
<br />ties or explicit verbal descriptions or narrative
<br />accounts of sexual conduct.
<br />Obscenities means those slang words cur-
<br />rently generally rejected for regular use in mixed
<br />society, that are used to refer to genitals, female
<br />breasts, sexual conduct or excretory functions or
<br />products, either that have no other meaning or
<br />that in context are clearly used for their bodily,
<br />sexual or excretory meaning.
<br />Performance means any play, motion picture
<br />film, dance or other exhibition pictured, animated
<br />or live performed before an audience.
<br />Sadomasochistic abuse means flagellation or
<br />torture by or upon a person who is nude or clad
<br />in undergarments or in revealing or bizarre
<br />costume, or the condition of being fettered, bound
<br />or otherwise physically restrained on the part of
<br />one so clothed.
<br />Sexual conduct means human masturbation,
<br />sexual intercourse, or any touching of the genitals,
<br />pubic areas or buttocks of the human male or
<br />female, or the breasts of the female, whether
<br />alone or between members of the same or opposite
<br />sex or between humans and animals in an act of
<br />apparent sexual stimulation or gratification.
<br />Sexual excitement means the condition of
<br />human male or female genitals or the breasts of
<br />the female when in a state of sexual stimulation,
<br />or the sensual experiences of humans engaging
<br />in or witnessing sexual conduct or nudity.
<br />(b) Prohibited conduct. It is unlawful for any
<br />licensee, for a monetary consideration or other
<br />valuable commodity or service, to knowingly or
<br />recklessly:
<br />(1) Exhibit an obscene performance;
<br />(2) Directly or indirectly sell an admission
<br />ticket or other means to gain entrance to
<br />an obscene performance; or
<br />(3) Directly or indirectly permit admission
<br />of a person to premises on which there is
<br />exhibited an obscene performance.
<br />(c) Prosecution. Any prosecution under this
<br />section shall include the following elements:
<br />(1) That the average person, applying
<br />contemporary community standards,
<br />would find the performance, taken as a
<br />whole, appeals to the prurient interest of
<br />the audience;
<br />(2) That the performance describes or depicts,
<br />in a patently offensive way, sexual conduct
<br />included in the definition of the term
<br />"obscene performance"; and
<br />(3) That the performance, taken as a whole,
<br />lacks serious literary, artistic, political or
<br />scientific value.
<br />(Code 1984, § 5.25(8); Code 2003, § 38-675)
<br />State law references —Indecent exposure, Minn. Stats.
<br />§ 617.23; obscenity, Minn. Stats. § 617.24.
<br />CD4:34
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