O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-21-201 (2019)

Definitions

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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As used in this article, the term:

(1) "Adult entertainment establishment" means any place of business or commercial establishment where alcoholic beverages of any kind are sold, possessed, or consumed wherein:

(A) The entertainment or activity therein consists of nude or substantially nude persons dancing with or without music or engaged in movements of a sexual nature or movements simulating sexual intercourse, oral copulation, sodomy, or masturbation;

(B) The patron directly or indirectly is charged a fee or required to make a purchase in order to view entertainment or activity which consists of persons exhibiting or modeling lingerie or similar undergarments; or

(C) The patron directly or indirectly is charged a fee to engage in personal contact by employees, devices, or equipment, or by personnel provided by the establishment. Such term shall include, but shall not be limited to, bathhouses, lingerie modeling studios, and related or similar activities. Such term shall not include businesses or commercial establishments which have as their sole purpose the improvement of health and physical fitness through special equipment and facilities, rather than entertainment.

(2) "Commission" means the Safe Harbor for Sexually Exploited Children Fund Commission.

(3) "Fund" means the Safe Harbor for Sexually Exploited Children Fund.

(4) "Safe house" means a licensed residential facility that provides safe and secure shelter.

(5) "Sexually explicit conduct" shall have the same meaning as set forth in Code Section 16-12-100.

(6) "Sexually exploited child" means a person who is younger than 18 years of age who:

(A) Has been the victim of trafficking of persons for sexual servitude in violation of Code Section 16-5-46;

(B) Has engaged in sodomy, prostitution, solicitation of sodomy, or masturbation for hire; or

(C) Has been the victim of sexually explicit conduct for the purpose of producing any print or visual medium.

(7) "Substantially nude" means dressed in a manner so as to display any portion of the female breast below the top of the areola or displaying any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals.

(8) "Visual medium" shall have the same meaning as set forth in Code Section 16-12-100.

History

(Code 1981, § 15-21-201, enacted by Ga. L. 2015, p. 675, § 3-1/SB 8.)

Annotations

Editor’s notes. - For information as to the effective date of this Code section,

see the delayed effective date note at the beginning of this article.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2022–2024 · leading case: Georgia Ass'n of Club Executives v. State of Georgia (two Cases), 320 Ga. 381 (2024).
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Georgia Ass'n of Club Executives v. State of Georgia (two Cases), 320 Ga. 381 (2024). · cites it 40× “The Georgia Association of Club Executives (“GACE”), a self- described “organization of adult entertainment clubs in Georgia,” challenges the constitutionality of a “state operating assessment” imposed by OCGA § 15-21-209 (the “Assessment” or “Tax”) on “adult entertainment…”
Riley v. Georgia Ass'n of Club Executives, 870 S.E.2d 405 (Ga. 2022). · cites it 8× “Riley, the former State Revenue Commissioner, appeals from a partial grant of summary judgment in favor of the petitioner below, the Georgia Association of Club Executives (“GACE”), contending that the trial court erred by permanently enjoining the enforcement of OCGA §…”
Georgia Ass'n of Club Executives v. State of Georgia (two Cases), No. S24A0726, S24A0772 (Ga. Oct. 31, 2024). · cites it 80× “The Georgia Association of Club Executives (“GACE”), a self- described “organization of adult entertainment clubs in Georgia,” challenges the constitutionality of a “state operating assessment” imposed by OCGA § 15-21-209 (the “Assessment” or “Tax”) on “adult entertainment…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.