American Show Bar Series, Inc. v. Sullivan County

30 S.W.3d 324, 2000 Tenn. App. LEXIS 156
CourtCourt of Appeals of Tennessee
DecidedMarch 15, 2000
StatusPublished
Cited by14 cases

This text of 30 S.W.3d 324 (American Show Bar Series, Inc. v. Sullivan County) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Show Bar Series, Inc. v. Sullivan County, 30 S.W.3d 324, 2000 Tenn. App. LEXIS 156 (Tenn. Ct. App. 2000).

Opinion

[330]*330OPINION

SUSANO, J.

The plaintiffs — American Show Bar Series, Inc., doing business as Show Palace and Michael L. Grubb (collectively “the Show Palace”), Robert Walling, individually and doing business as Bottoms Up Club (collectively “Bottoms Up Club”), and Linda A. Strouth — brought this action challenging the constitutionality of the Adult-Oriented Establishment Registration Act of 1998 (“the Act”).1 The defendant, Sullivan County (“the County”), counterclaimed, seeking injunctive relief and sanctions for violations of the Act by the plaintiffs. Following a bench trial, the trial court found the Act — save one provision — to be constitutional. The plaintiffs appeal, raising four issues for our consideration:

1. Does the Act violate the prohibition against retrospective laws found in Article I, Section 20 of the Tennessee Constitution?
2. Does the Act violate the First Amendment to the United States Constitution 2 or Article I, Section 19 of the Tennessee Constitution3?
3. Did the trial court err in excluding evidence regarding the allegedly improper motivation of certain state legislators and county commissioners in passing the Act?
4. Are certain provisions of the Act void for vagueness or unconstitutionally overbroad?

I.

Grubb is the president and principal shareholder of American Show Bar Series, Inc., a corporation established in 1997, that operates the Show Palace, an adult-oriented establishment located in Sullivan County. The Show Palace features nude female dancers. The performers dance on a stage, at individual customers’ tables, and in what is known as a “cage,” a four-foot by five-foot booth partially enclosed by lattice. Prior to its opening in May, 1998, the Show Palace had obtained a general business license as well as a permit to sell beer.

Walling is the owner of the Bottoms Up Club, which has been in operation since 1994. The club is also located in Sullivan County and features nude dancing similar to that offered at the Show Palace. Although the Bottoms Up Club does not have a beer permit from the County, customers are permitted to bring or “brown bag” alcoholic beverages into the club. The parties stipulated at trial that both the Show Palace and the Bottoms Up Club are “adult-oriented establishments” within the meaning of the Act.

Strouth is an entertainer who has performed at both the Show Palace and the Bottoms Up Club. The parties stipulated that Strouth is an “entertainer” within the meaning of the Act.4

On July 20, 1998, the Sullivan County Commission adopted the Act as a county ordinance.5 The Act establishes a regula[331]*331tory system applicable to adult-oriented establishments. It requires an adult-oriented establishment to obtain a license from the county’s adult-oriented establishment board in order to operate. T.C.A. § 7-51-1104. It further requires that all entertainers, employees, and escorts employed by such an establishment obtain a work permit from the county. T.C.A. § 7-51-1115. The Act also imposes several regulations, including a prohibition against the serving or consuming of alcohol on the premises, T.C.A. § 7 — 51—1109(a)(5); a ban on the touching or the exposing of certain parts of the body, T.C.A. § 7-51~1114(b)-(c); and a requirement that all performances occur on an 18-inch high stage and be at least six feet from any other entertainer, employee, or customer, T.C.A. § 7-51 — 1114(c).

In November, 1998, the Show Palace and the Bottoms Up Club filed separate actions challenging the constitutionality of the Act and seeking a temporary injunction to prevent its enforcement. These actions were consolidated for trial. The plaintiffs allege, in pertinent part, (1) that the Act violates Article I, Section 20 of the Tennessee Constitution in that the Act retrospectively takes away their right to serve alcohol on their premises; (2) that the Act is in violation of the First Amendment; and (3) that several provisions of the Act are unconstitutionally vague or overbroad. The County filed a counterclaim seeking injunctive relief and sanctions for violations of the Act.6

At the conclusion of a three-day trial, the trial court announced its findings. First, the trial court upheld T.C.A. § 7-51 — 1109(a)(5), which provides that an adult-oriented entertainment license may be revoked, suspended or annulled if alcohol is served or consumed on the premises, finding that this provision is a valid exercise of the State’s police power and thus does not violate Article I, Section 20 of the Tennessee Constitution, which prohibits retrospective laws. The trial court further found that the Act is a content-neutral regulation addressing the deleterious secondary effects of adult-oriented establishments, and that “none of the requirements of the ordinance and statute in question restrict the First Amendment rights of the Plaintiffs to a degree that is to a grade more than essential to accomplish the goal of attempting to prevent or stop the secondary effects.” The trial court rejected plaintiffs’ claims that several provisions of the Act are vague or overbroad. However, the trial court struck down T.C.A. § 7-51-1113(i), which requires the posting of a sign advising, among other things, that entertainers cannot demand or collect a fee before completion of the entertainment. The trial court found that this provision was “excess” because the Act, as enacted, does not prohibit the collection of fees during the course of a performance.7

Having found the Act to be constitutional,8 with the exception of T.C.A. § 7-51-1113®, the trial court granted the plaintiffs until February 15, 1999, to file applications for the appropriate licenses and permits required by the Act. The plaintiffs filed motions to amend and to stay the judgment, which were denied. This appeal followed.

II.

[332]*332The Show Palace9 argues that the Act is a retrospective law in violation of Article I, Section 20 of the Tennessee Constitution 10 because, so the argument goes, the effect of the Act is to deprive the Show Palace of its vested property right to sell beer on its premises.

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AMERICAN SHOW BAR SERIES v. Sullivan Cty.
30 S.W.3d 324 (Court of Appeals of Tennessee, 2000)

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Bluebook (online)
30 S.W.3d 324, 2000 Tenn. App. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-show-bar-series-inc-v-sullivan-county-tennctapp-2000.