RECOMMENDATION 24

Part: 
Three
Chapter: 
2

State and Local prosecutors should enforce the alcoholic beverage control laws that prohibit obscenity on licensed premises.

Discussion

Establishments that display or sell obscene materials may also be licensed by the state or locality to sell alcoholic beverages. State and local alcoholic beverage control laws often prohibit obscene material and obscene performances on the licensed premises. Enforcement of these laws or ordinances in the courts or through administrative procedures is another tool at the disposal of law enforcement agents to remove pornography from theatres, restaurants and other establishments.

These enforcement measures should be implemented with recognition of the current social and behavioral science conclusions with respect to various types of materials. Law enforcement officers may consider the potential harm which may be attributable to certain types of materials when establishing criteria for enforcement of this aspect of alcoholic beverage laws.

A finding of guilt under the alcoholic beverage control laws could bring suspension or revocation of an establishment's liquor license. The potential of such a loss of revenue to an individual or business would have a significant deterrent effect.