HomeMy WebLinkAbout2007-07-18 - Agendas - Final FAYETTEVLLE MEMORANDUM
Date: June 29, 2007
To: Fayetteville Arts Council
From: Connie Edmonston, Parks & Recreation Director
Subject: Arts Council Meeting Wednesday July 18, 2007 at 6:00p.m., City Hall Room
326.
Congratulations for being selected to serve on the City of Fayetteville Arts Council.
The first meeting is schedule to be on Wednesday, July 18"' at 6:00 p.m., City Hall
Room 326.
Attached in this packet is a list of the Art Council members, as well as the City
Resolution creating the Council and establishing the Bylaws, Rules and Procedures to
govern the Council. Please review this packet prior to the meeting. If you have any
questions, please e-mail me at cedmonston@ci.fayetteville.ar.us, or call 444-3471 .
AGENDA
1 . Introduction of Arts Council Members
2. Review of Purpose and Duties of the Arts Council in Exhibit "A"
3. Election of Officers
Chair:
Vice Chair:
4. Establishment of meeting date and time
5. Meeting minutes
6. Review of Donated Public Art, Monument & Memorial Policy: Edmonton
7. Other Business
8. Adjournment
JUN 2 0 2007
GCVTy cLrr_RK'S OFFICE
1
City of Fayetteville
PARKS AND RECREATION DIVISION
113 W. Mountain Street
Fayetteville, Arkansas 72701
Telephone: 479-444-3471 Fax: 479-521-7714
E-mail: cedmonston@ci.fayetteville.ar.us
The approval process for donated art, monuments or memorials is as follows:
Step 1 : Requesting donor submits a proposal letter to Parks and Recreation Staff
Step 2: Parks and Recreation schedules a consultation meeting with the donor to
review the Policy and Request Form
Step 3: Donor completes Request Form and submits it to the Arts Council
"Parks and Recreation Staff may submit the proposal to the Parks and Recreation
Advisory Board (PRAB) if the project has a significant impact on City Parks or
recreational programs. PRAB's recommendation is forwarded to the Arts Council.
Proposals will be forwarded to other City Divisions as necessary for their
recommendation to the Arts Council.
Step 4: Arts Council reviews to approve, modify, or reject the proposal.
Step 5: Arts Council submits the proposal as an Agenda Item to the City
Council for final approval.
"Rejected proposals will not be presented to the City Council unless the City
Council requests to review the proposal.
Cc: Daniel Heintz,
Executive Director
Fayetteville Downtown Partners
2
City of Fayetteville
PARKS AND RECREATION DIVISION
113 W. Mountain Street
Fayetteville, Arkansas 72701
Telephone: 479-444-3471 Fax: 479-521-7714
E-mail: cedmonston@ci.fayetteville.ar.us
Fayetteville Arts Council
Julie Gabel jsgabel@lindsey.com
106 N. Olive
Fayetteville, AR 72701
442-0694 — Home
521-6611 — Work
07/01/07 1 st Term
Bryan Gott laneburner@mac.com
2723 N. Stagecoach Dr.
Fayetteville, AR 72703
444-8367 — Home
553-6338 — Work
07/01/07 1 st Term
Hank Kaminsky sculptor@kaminsky.com
543 Assembly Rd.
Fayetteville, AR 72701
443-2077 — Home
442-5805 — Work
07/01/07 1St Term
Michael Landman mlandman@uark.edu
2010 W. Archer Dr.
Fayetteville, AR 72701
444-8992 — Home
575-8747 — Work
07/01/07 1 st Term
John O'Connell jopoco@msn.com
67 N. Fletcher Ave.
Fayetteville, AR 72701
422-2710 — Home
521-6611 — Work
07/01/07 1St Term
Patricia "Dede" Peters dede@ddpgallery.com
306 Baxter Lane
Fayetteville, AR 72701
571-5161 — Home
442-0001 — Work
07/01/07 1St Term
Mark Landon Smith marksmith@artslivetheatre.com
122 W. Meadow #6
Fayetteville, AR 72701
236-6849 — Home
521-4932 — Work
07/01/07 1St Term
Kathy Thompson kpthompso@sbcglobal.net
793 E. Lighton Trail
Fayetteville, AR 72701
521-0139 — Home
521-1502 — Work
07/01/07 1St Term
LaDawna Whiteside ladawnawhiteside@yahoo.com
112 Fletcher Avenue
Fayetteville, AR 72701
251-9472 — Home
871-8989 — Work
07/01/07 1 st Term
—
RESOLUTION NO. 60-07
A RESOLUTION CREATING THE FAYETTEVILLE ARTS
COUNCIL AND ESTABLISHING THE BYLAWS, RULES AND
PROCEDURES TO GOVERN SUCH COUNCIL.
WHEREAS, the City of Fayetteville recognizes that a vibrant arts community enhances
the quality of life for residents; and,
WHEREAS, the City of Fayetteville owns significant lands appropriate for the
installation of public art;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That.the City Council of the City of Fayetteville, Arkansas hereby establishes
the Fayetteville Arts Council to help define the community's identity and sense of place, promote
social interaction, bring the arts into everyday life, and memorialize the past while expressing
shared values for the future.
Section 2. That the Fayetteville Arts Council shall be governed by the Bylaws, Rules and°`A111111117r,,.',
Procedures, attached hereto as Exhibit "A," and made a part hereof. ° °°°L�RWTR-q� --,
PASSED and APPROVED this 3rd day of April, 2007.
FAY ETI EVILLE o
APPROVE • ATTEST:
'0411
By: �N By: AZIA �i/11(I1i111
DAN COODY, Mayor SONDRA E. SAUTH, City Clerk/Treasurer
EXHIBIT "A"
FAYETTEVILLE ARTS COUNCIL
Sections:
I. Purpose
II. Created
III. Members; Terms
IV. Officers
V. Meetings; Quorum; Voting
VI. Rules and Regulations
VII. Powers and Duties
VIII. Compensation
VIIII. Policies
I. Purpose. The purpose of the Fayetteville Arts Council shall be to promote and to
encourage the appreciation and enhancement of the arts and culture resources of
Fayetteville. The continued vitality of the arts in the City of Fayetteville is a vital part of
the future of the City as well as of its citizens. The arts are an important part of the
cultural and economic life of the entire community of Fayetteville and enrich the
participants in the arts as well as those who observe them. Several organizations which
exist in Fayetteville are active in the arts and provide leadership to the community on arts
related matters. The creation of the Fayetteville Arts Council will assist those
organizations and individuals.
II. Created. The Fayetteville Arts Council is created and shall have the powers and
duties provided in this resolution.
III. Members; Terms. The Fayetteville Arts Council shall strive to be diverse and shall
consist of nine (9) members comprised of visual and performing artists, arts professionals
and other citizens of diverse backgrounds and strong links to the Fayetteville arts and
cultural community. A minimum of four (4) commissioners must be working artists as
defined by a broad interpretation as any arts practitioner working in the arts (listed here
fro clarity as: architecture, dance, drama, film, video and animation, literature, music and
opera, visual arts and new media), be they creative or interpretative, who either makes or
endeavors to make a living from their work. A professional artist can also be defined
through peer recognition. All members of the Fayetteville Arts Council shall reside inside
the City limits. The appointees shall have three-year terms. All positions will be chosen
through the standard appointment process by the City Council Nominating Committee.
All Fayetteville Arts Council Members shall be approved by the City Council as follows:
two for one year, two for two years and three for three years, thereafter all terms will be
for three years.
IV. Officers. At its first meeting, the Fayetteville Arts Council shall elect a chair and a
vice-chair who shall hold office for one year, except that the first chair and vice_chair
shall serve until the end of the calendar year. At the first meeting of each calendar year,
the chair or vice-chair from the previous year shall preside over elections for chair and
vice-chair. Neither the chair nor vice-chair shall serve as an officer for more than two
consecutive terms.
V. Meetings; Quorum; Voting. The Fayetteville Arts Council shall hold regularly
scheduled meetings as set by the Fayetteville Arts Council. A majority of the members
constitutes a quorum for meetings. Provided a quorum is present, any item must be
approved by a simple majority of the voting members present at a meeting to pass.
VI. Rules and Regulations. The Fayetteville Arts Council shall establish such rules and
regulations for its government and procedures consistent with the laws of the state and
the ordinances of the city.
VII. Powers and Duties. The Fayetteville Arts Council shall be specifically responsible
for, but not limited to, the following:
A. The Fayetteville Arts Council shall review all offers of donation and provide a
recommendation to the City Council.
B. The Fayetteville Arts Council shall ensure the arts continue to be of value as an
integral part of Fayetteville.
C. The Fayetteville Arts Council shall promote the arts in Fayetteville to enrich the lives
of its citizens through education and demonstration.
D. The Fayetteville Arts Council may assist the City Council, the Fayetteville Parks and
Recreation Advisory Board, Historic District Commission and the Planning Commission
in using public art to enhance existing development in public parks and other public lands
and in public structures.
E. The Fayetteville Arts Council may advise the Planning Commission, the Fayetteville
Parks and Recreation Advisory Board, other City commissions and committees and City
departments regarding artistic components of all municipal government projects under
consideration by the City. The Council may also serve as a resource for artistic
components of land use developments.
F. The Fayetteville Arts Council shall develop and recommend to the City Council
policies and programs that would enhance and encourage the planning, placement and
maintenance of public displays of art in locations open to the public within the
community.
G. The Fayetteville Arts Council shall encourage connections with other local, regional
and national organizations working for the benefit of art and preservation of artistic
values, and other similar activities.
H. The Fayetteville Arts Council shall recognize and encourage groups and organizations
that enrich life by bringing cultural and artistic values and artifacts to the City.
I. The Fayetteville Arts Council shall pursue gifts and grants for support of arts programs
and activities and the procurement of public art.
VII. Compensation. Voting members of the Fayetteville Arts Council shall receive no
compensation for services rendered.
VIII. Policies.
A. The Fayetteville Arts Council shall operate in the general public interest serving the
community as a whole. It shall serve no special interests.
B. The Fayetteville Arts Council shall not endorse any commercial product or enterprise.
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ARKANSAS
CITY OF FAYETTEVILLE
DONATED PUBLIC ART, MONUMENT AND MEMORIAL
POLICY
I. Purpose
The City of Fayetteville is committed to the aesthetic development of the community.
The City strives to promote community involvement and provide opportunities for the
community to participate in the public display of art on City property, parks and rights of
way, as the City determines appropriate, on a case by case basis. In order to accomplish
these objectives and provide guidelines and procedures for governing the acquisition,
display, maintenance, potential deaccessioning and lending of Public Art for public
display, the City has developed this policy.
II. Donation Criteria
The following items will be considered by City Staff, Fayetteville Arts Council and
Fayetteville City Council when reviewing each donation request.
1. Identification of Art Work: Individuals or groups may be recognized for their
donation of public art, monument or memorial project on public property. All art design
and text of the project must be approved by the Fayetteville Arts Council and Fayetteville
City Council. Memorial proposals honoring individuals or a personal event should be
represented in a form that has a broad community interest and marks an event that has
affected the community. The memorial must have timeless qualities that are considered
to be significant of the individual, community or event being memorialized. Memorial
proposals should represent the values of the community and be mindful of future
generations. The artist must complete the attached form and submit it to the City of
Fayetteville Parks and Recreation Division at 1455 Happy Hollow Road. Description of
the project, as well as a biography of the artist, is to be included. The memorial should
be designed by a qualified professional in the field appropriate to the size, scale and
complexity of the proposal. The Fayetteville Arts Council and the Fayetteville City
Council will reject display works of art that are obscene (as defined by A.C.A.§ 5-68-
302 et seq.) or violate other local, state or federal laws.
2. Site: All proposed public art, monuments or memorials must relate to and
support their proposed site and/or community. While appropriate memorials may enrich a
citizen's experience on public property, public open space is also a very precious
commodity. Public art, monuments and memorials should be carefully reviewed to
balance these two public benefits to protect the greater good. Any party proposing to
install public art, monuments or memorials must propose three (3) feasible sites for their
project along with an explanation of the significance and relationship to each site. A
location may reach a saturation point and it may be appropriate to consider limitations or
a moratorium of future art works or memorials at this particular location or area. Please
consider the following when choosing a project site:
a. The location will not interfere with existing and proposed circulation, use
patterns or master plans.
b. The quality, scale and character of the project is at a level commensurate
with the particular location or setting.
C. The project contributes to the proposed site location from a functional or
design standpoint.
3. All Inclusive Costs: All costs of the project including, but not limited to cost of
design, fabrication, plaques, transportation, installation, site preparation work,
foundation, lighting, electrical, and permits must be financed by the requesting party. All
inclusive costs should be stated clearly on the proposal form. Any party hired or
employed by the requesting party must provide proof of insurance that may include and is
not limited to: general liability, professional liability insurance, performance insurance
bonds, workman's compensation coverage and others as required by the City.
4. Maintenance: The City may consider maintenance of approved donated art
work, monuments and memorials if they meet City standards for construction and
materials. However, complex or large memorials that require significant and costly
maintenance may require insurance, a bond or an endowment fund, and a maintenance
schedule by the donor to ensure the project's condition is satisfactory to the City, as well
as the donor. The posted insurance or bond should cover costs of installation and/or
removal. If an adequate level of maintenance is not continued, the City reserves the right
to remove or modify the project or a portion of the project. If the City commits to
maintaining a particular art work, monument or memorial, and is unable to maintain the
project at a level satisfactory to the donor, the donor shall have the opportunity to
supplement maintenance as approved by the City in a written agreement.
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III. APPROVAL PROCESS
In order for donated art work, monument, or memorial to be accepted by the City
of Fayetteville, each request must be reviewed in the following process.
1. Initial Feasibility Consultation: Applicants desiring to place art work,
monument, or a memorial project on public property must submit a letter to the City of
Fayetteville's Parks and Recreation Staff that outlines in sufficient detail the main
purpose and concept of their proposal. Staff will schedule a feasibility consultation with
the applicant and advise of this procedure. Parks and Recreation Staff reserves the right
to submit proposals that are substantial or significant in size or scope to the Fayetteville
Arts Council for their approval of the project's concept before embarking on further
costly planning and study.
2. Written Proposal: After the consultation meeting with Parks and Recreation
Staff, the applicant must complete the attached form. Applicant may be required to
review the plans with the Planning Office and/or Engineering Division in order to comply
with City regulations. (e.g. right-of-way, property set-back requirements, grading permit,
etc.) A maintenance plan developed and approved by a conservator must also be
submitted prior to final approval.
3. Proposal Review, Approval, Modification or Rejection: The Fayetteville Arts
Council will meet to review the proposal and schedule the applicant for a presentation of
the project in order to make a recommendation to the City Council regarding the quality,
validity and significance of the requested art work, monument or memorial to be placed
on public lands. The Fayetteville Arts Council will consider appropriateness of the site
location, size, shape and design, as well as general aesthetics in its review. The
Fayetteville Arts Council will review the project to determine:
a. If the project is adequately documented. -
b. The appropriateness and availability of the requested site for placement of
the item.
C. Whether the City has sufficient resources to: authenticate, document,
research, display, retrofit or add buildings, improvements, lighting or
landscaping, interpret, store, protect, conserve, insure and maintain the
item(s).
d. Public safety of the project.
e. The legal issues, including but not limited to, ability of the current legal
owner of the items to deliver unrestricted clear legal title together with all
applicable copyrights, patents or other title rights in or to the item(s)
without any limitations or conditions on the City's ownership and the time
and costs required to acquire the item(s).
Parks and Recreation Staff reserves the right to submit the project for review to the Parks
and Recreation Advisory Board if the project is viewed as having a significant impact on
a City Park or a recreational program. The recommendation for this project by the Parks
and Recreation Advisory Board will be submitted to the Fayetteville Arts.Council.
3
The Fayetteville Arts Council will recommend approval, approval with modification, or
rejection of the project. Fayetteville Arts Council's recommendation to reject the
proposal is final unless the City Council requests a review.
If approved, the Fayetteville Arts Council will request the applicant to complete the
following steps prior to submittal to the City Council if deemed necessary.
a. Prepare any additional submission requests as required by City Staff or
the Fayetteville Arts Council.
b. Provide evidence of financing or fund raising activities.
C. Submit proof of insurance requirements for review by City Staff.
d. Notify and present the project to the appropriate neighboring community
groups or business associations that may be affected by the location of the
project.
e. Provide the Fayetteville Arts Council with comments and feedback from
these organizations.
f. Provide additional site plans, detailed design, schematic drawings and
information as deemed necessary.
g. Finalize engineering, structural or other similar review of the project
with appropriate City Staff.
4. Legal Department Review and Documentation: If the Fayetteville Arts
Council should recommend accepting an offer of donation, the Fayetteville Arts Council
will forward the project to the City Attorney for review and/or preparation of title transfer
documents acceptable to the City.
5. City Council Approval: The Fayetteville Arts Council will prepare and submit
the City Council Agenda Item. If approved, City Council will execute a formal
resolution including any conditions to be placed on the donated projected and approve a
contractual agreement with the artist and/or applicant and the City. The decision of the
City Council is final. No offer to donate an item to the City will be deemed accepted
without adoption and recording of a formal resolution by the City Council, duly executed
and expressly accepting title to the donated item(s).
The City Council has no obligation to accept, display, or maintain any item(s) donated to
the City. The City Council has the right to determine, in it's sole and absolute discretion,
what item(s) offered to it for public display will be accepted, displayed or maintained by
the City. Once an item(s) is accepted by the City Council, the City shall be the sole owner
of the donated item(s) and will have the right, in its sole and absolute discretion, except
as limited by written title documents, to deaccession any donated item(s) without notice
to or obtaining the consent of the donor.
Deaccessioning: In order to maintain growing collections of Public Art it may be
necessary, from time to time, to deaccession donated item(s).
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IV. RETENTION POLICY:
Donated item(s) will be retained in the City's Public Art Collection so long as they:
a. Continue to be relevant and useful to the purposes and activities of the
City.
b. An appropriate site for public display is available.
C. A public safety problem is not created by the project.
d. No adverse environmental effects are created.
e. Project remains authentic and original.
f. The project withstands exposure to the natural elements.
g. Project can be properly and cost-effectively stored, maintained, preserved,
and/or used.
V. DEACCESSIONING POLICY:
Deaccessioning of donated item(s) may be considered when the conditions identified in
the Retention Policy no longer prevail, or in the interest of improving the quality of the
Public Art Collection. Examples of situations where deaccessioning would be considered
include:
a. The item(s) has deteriorated beyond a reasonable means of conservation or
in deteriorating, has lost its usefulness.
b. The authenticity, attribution, or genuineness of the item(s) is determined to
be false or fraudulent.
C. The item(s) is redundant or is a duplicate that has no value as part of a
series.
d. The item(s) is located in an area where jurisdiction will be transferred to
another entity or is made inaccessible to the public.
Consensus: Donated items which have been accepted into the City's Public Art
Collection will be deaccessioned only at the direction of the City Council, which shall
consider the recommendations and comments of the Fayetteville Arts Council, City Staff
and any public comment received.
Deaccessioning Donated Items: The City will comply with all applicable laws
pertaining to deaccessioning of art items, including contacting the donor and artist (if
known). If the Title Transfer Documents provide for deaccessioning, such documents
will determine the method and manner of the deaccessioning. Otherwise, the City will
select from one of the deaccessioning methods outlined below. Generally, preference will
be given to public sale, unless the City's analysis determines that another method would
yield advantages or better serve the interests of the public or the City. In appropriate
instances, appraisals of the item(s) to be deaccessioned will be sought from outside
sources. Deaccessioned item(s) may be disposed of by means of private sale; exchange
for another work; gifting the item(s) to a tax-exempt public institution; donating the item
for recycling or destruction. In each case, the applicable laws will be followed before an
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item(s) is deaccessioned. Destruction of the item(s) may be considered where the
physical condition of the work is severely deteriorated or will be irreparably damaged by
the deaccessioning process.
Records of Public Art and Other Property: The City will be responsible for
maintaining a data base in the City Clerk's Office of all Public Art Collection items
acquired by the City under this policy. The database and/or files will include the
following information:
a. Copies of all correspondence and submittals from the donor(s);
b. Copies of all correspondence and submittals to the donor(s) from the City;
C. Copies of all executed title documents;
d. Copies of all other documentation associated with a particular item(s),
including but not limited to: drawings, photos; written descriptions,
estimates of costs associated with acquiring, maintaining, providing
security and legal expenses, etc.; any agreements between the City and
donor(s) regarding the item(s); all estimates of value and appraisals, any
public comment on the item(s); environmental impact reports or studies, if
applicable; all written descriptions of the background/historical
information associated with the item, including, information about the
creation of the item(s) and the artist (if applicable) who created it; any
warrant of originality; and any other information acquired by the City
pertaining to the item(s);
e. Copies of the Title Transfer Documents and any other written agreements;
f.. Records of maintenance; and
g. Records of any deaccessioning.
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ARKANSAS
FAYETTEVILLE ARTS COUNCIL
DONATED PUBLIC ART / MONUMENT / MEMORIAL
REQUEST FORM
Name:
Address:
City: State: Zip:
Phone — Home Work/Cell
Email:
1. Types of Donation
Monument Fountain
Sculpture Other (Please specify below.)
Memorial
2. Artist Description of Donated Art/Monument: A written description
of the background/historical information associated with any donated art item,
including but not limited to, information about the creation of the item(s) and
materials used. Additional information may be attached. (Models and/or pictures
are to be attached or submitted with the proposal.)
7
If a plaque is requested in this project, please complete the following:
Plaque Exact Wording:
Size of Plaque:
Plaque Material:
3. Biography of artist(s): (To be attached.)
4. Location for Donation: (Please prioritize.)
Priority 1
Site:
Specific Location:
(Please attach a map.)
Site Geographic Justification:
Priority 2
Site:
Specific Location:
(Please attach a map.)
Site Geographic Justification:
Priority 3
Site:
Specific Location:
(Please attach a map.)
Site Geographic Justification:
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5. Project Budget
Site Preparation Required: Cost:
Narrative:
Foundation: Cost:
Narrative:
Donated Art/Monument/Memorial: Cost:
Electricity Required: Cost:
Be specific:
Lighting Required: Cost:
Be specific:
Maintenance/Endowment: Cost:
Note: A maintenance plan must be attached. If an
Endowment Fund is setup, please give proper justification
for the funding required.
Other:
Be specific: Cost:
Total Project Cost: $
6. Cost Exclusion: Please list any cost or part of the project that will not be
provided by the artist / donor.
7. Additional Employment Required by Artist: Please list additional
party(s) hired or employed by artist to assist with work:
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$. Written explanation of legal issues, including but not limited to, identifying the
current legal owner of the items, the existence of any copyrights, patents or other
title rights in or to the item(s) - such as any interests to remain with the artist or
designer of the item(s), and an explanation of any conditions or limitations on the
donation of the item(s) and whether the City or donor will pay for such costs.
9. The estimated value of each item, including appraisals of the item(s) if available:
10. The anticipated date for the project to begin, construction schedule, and
completion date:
11. Environmental effects of the item(s):
12. Anticipated life of the item(s):
13. Please attach public support for the proposed donation.
14. Please attach a warrant of originality (if applicable).
Please include any additional information or documentation you deem as
necessary or appropriate for the Fayetteville Arts Council to evaluate the project.
Failure to provide the information outlined above may result in the City's rejection
of this proposal until all the requested information is provided.
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A.C.A.§ 5-68-302 et seq.
As used in this subchapter:
(1) "Advertising purposes" means a purpose of propagandizing in connection with the commercial
sale of a product or type of product, the commercial offering of a service, or the commercial
exhibition of an entertainment;
(2) "Hard-core sexual conduct" means a patently offensive act, exhibition, representation, depiction,
or description of
(A)An intrusion, however slight, actual or simulated, by any object, any part of an animal's
body, or any part of a person's body into the genital or anus opening of any person's
body; or
(B) Cunnilingus, fellatio, anilingus, bestiality, a lewd exhibition of genitals, or an excretory
function, actual or simulated;
(3) "Live public show" means a public show in which a human being, an animal, or both appear
bodily before a spectator or customer;
(4) "Obscene material" means a material that:
(A)Depicts or describes in a patently offensive manner sadomasochistic abuse, sexual
conduct, or hard-core sexual conduct;
(B) Taken as a whole, appeals to the prurient interest of the average person, applying
contemporary statewide standards; and
(C) Taken as a whole, lacks serious literary, artistic, political, or scientific value;
(5) "Obscene performance" means a play, motion picture, dance, show or other presentation,
whether pictured, animated, or live, performed before an audience and that in whole or in part
depicts, or reveals sexual conduct, hard-core sexual conduct, or sadomasochistic abuse, or that
includes an explicit verbal description or a narrative account of sexual conduct or hard-core
sexual conduct, and that;
(A) Depicts or describes in a patently offensive manner sadomasochistic abuse, sexual
conduct, or hard-core sexual conduct;
(B) Taken as a whole, appeals to the prurient interest of the average person, applying
contemporary statewide standards; and
(C) Taken as a whole, lacks serious literary, artistic, political or scientific value;
(6) "Promote" means to produce, direct, perform in, manufacture, issue, sell, give, provide, lend,
mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, or advertise,
for consideration, or to offer or agree to do any of these things for consideration;
(7) "Public show" means any entertainment or exhibition advertised or in some other fashion held
out to be accessible to the public or member of a club, regardless of whether an admission or
other charge is levied or collected and regardless of whether a minor is admitted or excluded;
(8) "Sadomasochistic abuse" means flagellation, mutilation, or torture by or upon a person who is
nude or clad in an undergarment or in revealing or bizarre costume, or the condition of being
fettered, bound, or otherwise physically restrained on the part of a person so clothed, in a sexual
context; and
(9) "Sexual conduct" means human masturbation or sexual intercourse.
