Section 905IAC1-16.1-3. Nudity in exhibition or professional dancing; restrictions

   (a) For the purpose of this rule, the following definitions apply:

(1) "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernible turgid state.

(2) "Licensed premises" means a building or part of a building in which alcoholic beverages are authorized by a permit to be kept, manufactured, or sold.

(3) "Permittee" means and includes:

(A) a person who is the holder of a valid permit under IC 7.1; and

(B) an agent, servant, or employee of, or other person acting on behalf of a permittee whenever a permittee is prohibited from doing a certain act under IC 7.1 or this title.

  (b) It is unlawful for a permittee to knowingly allow a person to engage in sexual intercourse, deviate sexual conduct, as defined in IC 35, to appear in a state of nudity or to fondle the genitals of himself or another person while on the permittee's licensed premises. (Alcohol and Tobacco Commission; 905 IAC 1-16.1-3; filed Feb 20, 1991, 5:05 p.m.: 14 IR 1444; errata filed Apr 3, 1991, 4:07 p.m.: 14 IR 1627; readopted filed Nov 26, 2001, 4:27 p.m.: 25 IR 1347; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFA)