Motion pictures and shows.
Huntsville Code of Ordinances § 3-173
in effectSec. 3-173. Motion pictures and shows.
(a) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection (a), except where the context clearly indicates a different meaning:
Knowingly means having actual or constructive knowledge of the character and content of the subject matter. A person has constructive knowledge if a reasonable inspection under the circumstances would disclose the nature of the subject matter and the failure to inspect for the purpose of avoiding such disclosure.
Mainstream establishment means:
(1) Any theater, movie house, performing arts center, civic center, concert hall, museum, gallery, or educational institution with: (i) live performances of plays, operas, concerts, dances, ballets, or dramatic performances of serious artistic merit; (ii) representational or visual works of serious artistic merit, such as paintings, sculptures, and photographs; or (iii) motion pictures, films, or video taped works of serious artistic merit, provided that no such establishment shall offer movies with a Motion Picture Association of America rating of NC-17 or greater, which includes any such succeeding MPAA ratings; and
(2) Where such performances, exhibitions, or showings of serious artistic merit comprise at least 80 percent of all performances, exhibitions, or showings of the establishment; and
(3) Where less than 30 percent of gross revenues of the establishment (which includes, for purposes of determining the percentage of gross revenues, the entire gross revenues of an establishment where only a portion of the establishment is a premises licensed to sell alcoholic beverages, provided such establishment is under common possession, ownership, and control) are attributable, directly (by way of directly invoiced charges for alcoholic beverages) or indirectly (by way of cover charges, tickets, or other charges for the price of admission, which offset the cost of the alcoholic beverage), to the sale of alcoholic beverages.
Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the darkened area surrounding the nipple, or the depiction of covered male genitals in a discernibly turgid state.
Sexual conduct means the performance of acts or simulated acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or a female breast.
(b) Nudity or sexual conduct. It shall be unlawful for any owner, manager, servant, agent, or employee of any on-premises city licensee, knowingly to exhibit, allow, engage in, participate in, or be connected with any motion picture, show, performance, or other presentation upon the city licensed premises which, in whole or in part, depicts nudity or sexual conduct.
(c) Exceptions. This section shall not apply to performances, exhibitions, or showings in a mainstream establishment which are not distinguished or characterized by an emphasis on matter or activities depicting, displaying, describing, or featuring nudity or sexual conduct, in that the depiction, display, description, or featuring is incidental to the primary purpose of the performance, exhibition, or showing; and which are not intended to provide sexual stimulation or sexual gratification to the patrons.
(d) Nothing in this section shall be construed to allow any activity which is in violation of state or federal laws.
(Ord. No. 11-654, § 1, 9-22-2011)
(Ord. No. 26-245, § 1, adopted 3-26-2026; published 4-1-2026)
Source: City of Huntsville, Alabama, publisher code (Municode) + enacted ordinances (City Council/Legistar)URL: https://huntsvilleal.legistar.com/View.ashx?M=F&ID=15311667&GUID=357A7EDC-4151-44A9-8C48-D55E01753742Fetched: 11/6/2026