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Showing content with the highest reputation on 05/12/2008 in Posts
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1 pointExactly! Let me provide a recent example that will illustrate what happens when the club requires membership forms and copies of valid Govt issued id's on couples that want to attend your party. A few months ago two news reporters with the local ABC affiliate presented themselves as a couple for membership at our club. They were required to fill out all the personal information on our membership, sign same and produce photo id's for us to copy and attach to their membership form. Our membership form is quite extensive and covers some predetermined civil liabilities for those that violate our agreement. Now this couple came in, several times, checked out all areas of the club, including the large European style playroom, although they would not disrobe to go into the actual play area ( a valid reason for having a European Style Playroom), and gathered a lot of information. Apparently they wisely decided not to bring in cameras or did not use any pictures they took clandestinely as that would violate the terms of our agreement and cause a predetermined civil liability to kick in making us very rich in the process. As a matter of fact, their attorneys may have informed them that they could not use any of the information they obtained as it would cause a financial hardship that would not be worth it to them to air any story about us at all. So, what they did instead was to call the Vice department with the local police and file a complaint about lewd behavior. Apparently they were thinking the police would conduct a raid inviting their reporters and cameras along for the party. Well, that didn't happen either as the police stopped by during the week when nothing was going on, asked to come in which we gladly offered to do and showed them around. Once they saw our membership application, id requirement business licenses as a private social club, etc., they said nothing illegal going on here and signed off on same. Case closed! Now, if we did not require id's, personal info, etc. we would've been all over the nightly news and on the front page of the local paper. So, if your club does not require these things, ask them why not! As nobody wants to see their club, much less themselves on the evening news...
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1 pointThis is a problem that many who attempt to open a club are clueless about. Now my comments refer only to private, members only, BYOB clubs So, here we go.... Swingers club go the private BYOB route as that is the best and safest way to offer a venue for swingers as most laws do not cover them.... yet! When you have a liquor license you are indeed a public venue no mater how much you claim to be private. And as such you give up many rights, one of those is the ability to allow swingers to behave like swingers, go topless, erotic dancing, touching, petting and sexual activities. When you're private and BYOB you can claim the privacy route and prohibit law enforcement to enter (legally) although they will do whatever the hell they want to. You will have protection of the law after the fact. By having a membership club you will institute certain formalities that will uphold your status as a private club. Foremost is the one on the membership form that states that you will not be offended by displays of sexual activity and nudity. In Texas at least, check your local laws, that will negate any legal action that could possibly be brought up against the club as long as you can verify that the persons who signed your legal documents (membership form) are who they say they are. In other words, when an undercover couple comes into your club ( and they will) they cannot claim to be offended if they signed the documents and you have a copy of their id on file. As far as keeping those files private and out of the hands of the government there is a US Supreme court decision (NAACP v State of Alabama) that upheld the right of private associations to privacy and that the government has no business or authority to have access to membership lists. I hope you understand this confusing post but the bottom line is this... If you attend a club that allows nude displays or sexual activities (on premise) and they do not require your legal names and id's you are at risk of being arrested for public lewd displays. Of course the laws in your state may vary but most are similar. In Texas the laws state: § 21.07. PUBLIC LEWDNESS. (a) A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his: (1) act of sexual intercourse; (2) act of deviate sexual intercourse; (3) act of sexual contact; or (4) act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl. (b) An offense under this section is a Class A misdemeanor. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 21.08. INDECENT EXPOSURE. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. (b) An offense under this section is a Class B misdemeanor. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 509, ch. 924, § 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.