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Altering WAC 314-11-050 as it pertains to Performance Artists

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WAC 314-11-050 as it pertains to performance artists and specifically Burlesque style performers is unreasonable and artistically inhibits the artists. It detracts from the root and meaning of burlesque when the performer is unable to orchestrate an historically accurate tease. With laws as specific as "no touching of the breasts or buttocks", the performers are restricted to allowing the audience to observe but a shadow of the burlesque culture as it developed in America. We would like to alter the laws in this WAC so we are not in violation of any statute set in place by the LCB, or facing fines related to Burlesque shows and the historically valid performances contained therein, whether we are performers or venue proprietors.
 Here are the statutes as they are currently written with additional commentary:

(1) Licensees may not allow, permit, or encourage employees (including him or herself) to:       (a) Be unclothed or in such attire, costume, or clothing as to expose to view any portion of the breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals. ( E.G. Technically anything that is covered by a brassiere is legally disallowed, the cleft of the buttocks is also debatable)
(2) Licensees may not allow, permit, or encourage any person (including him or herself) on the licensed premises to:       (a) Perform acts of or acts which simulate, or use artificial devices or inanimate objects which depict;

•     Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law ( E.G. You can not pretend to conduct sexual acts/sex, you cannot whip yourself or snap a whip at others, you cannot touch yourself over covered genitals with any object; hand, snow globe, lollipop, etc.)

•     The touching, caressing, or fondling of the breast, buttocks, anus or genitals; (E.g. You are not technically allowed to cup your own breast if a pasty pops off. You are not allowed to run your across your own breasts, or smack your own buttocks)

•     The displaying of the pubic hair, anus, vulva, or genitals.
        (b) Show any film, still picture, electronic reproduction, or other visual reproduction that depicts pornography, or a sexual act prohibited by law. (Define pornography? Would a nude picture of a vintage model be considered pornography? I still consider it art.)
(3) Notwithstanding the provisions of subsection (4) of this rule, licensees may not encourage any person on the licensed premises to:       (a) Expose to public view any portion of his or her genitals or anus;


     (b) Touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person; or ( E.G. You can not slap anyone else on the buttocks, or cup their breasts)
        (c) Wear or use any device or covering that is exposed to view which simulates the breast, genitals, anus, pubic hair, or any portion thereof. ( No fur merkins, no pasties that could be misconstrued as looking like nipples, no dildos)
(4) Licensees must ensure any entertainers on the licensed premises perform under the following guidelines:       (a) Entertainers may only expose their breast and/or buttocks if the performer(s) is on a stage at least eighteen inches above the immediate floor level and removed at least six feet from the nearest patron. ( NOW we can expose our breasts and buttocks. Although technically prior we were disallowed. We are still being "allowed" to by the proprietor.... as per the 2nd part of this WAC, that is not legal)
       (b) Performers must be at least six feet away from the nearest patron. This restriction will not be applied to performances of traditional ethnic dancing, provided that all of the following conditions are met: (Why not burlesque performers as well, as part of Americas cultural heritage?)
       (i) The dancers are compensated by the licensee; 
       (ii) At all times, the licensee must maintain and have available for inspection by any liquor enforcement officer a list of all traditional ethnic dancers employed at the licensed premises. The list must be retained for a period of thirty days after termination of employment and must contain the following information for each dancer or entertainer: 
  •     True name and professional or stage name, if any;

•     Residence address and phone number;

•     Terms of the agreement of employment; and

•     Signature of both the licensee and the dancer or entertainer; 
       (iii) The traditional or ethnic dance performances will be those performed for the enjoyment of the general audience of the licensee and not for individual patrons. 

     (5) The occurrence of any of the above acts or conduct, whether permitted by a licensee, employee, or any other person under the control or direction of the licensee or an employee, constitutes good and sufficient cause for cancellation of license privileges.

     (6) Nothing in this rule is intended disallow local officials from adopting ordinances that are more restrictive than the requirements outlined in this rule. (E.G. Local officials can enforce more restrictive laws)

     (7) If any provision of this rule or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule are severable.



[Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. 01-06-014, § 314-11-050, filed 2/26/01, effective 3/29/01.]

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