NOTE: The Naturist Action Committee (the political arm of The Naturist Society ) reports that Kentucky state law (KRS 232 ) allows "nudist societies" to exist only with the consent of county judges or executives. As a practical matter, that consent has demonstrated to be nearly impossible to obtain from these locally elected officials who, among other factors, fear voter wrath.
While Kentucky Revised Statutes 232 is largely the reason for the relative lack of naturist/nudist clubs in the state, it's the hope of Kentucky naturists/nudists that this state law will someday be judicially or legislatively overturned with the help of NAC and AANR . Let Kentucky tourism officials, the Governor and members of the Kentucky Legislature know of your support for naturism/nudism and how KRS 232 may be robbing Kentucky of tourism income. According to Forbes Magazine, the naturist industry was worth $400 million in 2001, compared to a mere $120 million just nine years before.
KRS 232 232.010 Nudist defined 232.020 License required: tax-Repealed 232.021 License required for operation of society; application; fee; expiration; renewal 232.030 Nudist society premises to be surrounded by wall- Repealed 232.031 Revocation of license; grounds 232.040 Nudist society to be inspected-Repealed 232.041 Inspection of society; register of members required 232.050 Persons entering to be registered-Repealed 232.990 Penalties-Repealed 232.991 Operating society without license, penalty
232.010 Nudist defined
As used in this chapter, "nudist" means any person who displays any part of his private person naked before persons of the opposite sex, not his husband or wife, at their solicitation or with their consent, for religious or health purposes, excepting for purposes of examination and treatment by physicians.
HISTORY: 1968 c 203, § 1, eff. 6-13-68
1968 c 152, § 168; 1942 c 208, § 1; KS 3727b-1
NOTES ON DECISIONS AND OPINIONS
405 SW(2d) 25 (Ky 1966), Roe v Com. The statutes regulating a nudist society are unreasonable and unconstitutional.
232.021 License required for operation of society; application; fee; expiration; renewal
No person shall own or operate a nudist society unless he first secures a license from the county judge/executive in the county in which the nudist society will be located. Any person who desires a license shall file an application with the county clerk setting forth the name and address of the owner of the premises upon which the nudist society will be located and the name of the operator, the occupation of the owner or operator, the reason for forming the society and its purpose, the location of the area of the proposed nudist society, and a description of the physical facilities and precautions to be taken which will assure privacy of members and concealment and reasonable isolation of the nudists from the public. If the county judge/executive finds that the character of the applicant is good, the nudist society is proposed to be conducted for religious or health purposes, the facilities appear adequate and the nudist society will be so located or screened or housed, and so operated, as to give reasonable assurance that its activities will be effectively concealed and its members reasonably isolated from the ordinary view and presence of the general public, the county judge/executive shall issue the license upon payment of a fee of one hundred dollars ($100). Each license to operate a nudist society shall expire one (1) year from issuance but may be renewed annually upon payment of a renewal fee of fifty dollars ($50).
HISTORY: 1978 C 384, § 371, EFF. 6-17-78
1968 C 203, § 2
PENALTY: 232.991
CROSS REFERENCES
County judge/executive, 67.710
LIBRARY REFERENCES
Licenses and permits. 51 Am Jur 2d, Licenses and Permits § 4 to 15, 39 to 41
232.031 Revocation of license; grounds
A license to operate a nudist society may be revoked by order of the county judge/executive at any time, following a hearing upon reasonable notice to the licensee and a finding by the county judge/executive that:
(1) The activities of the nudist society are not being effectively concealed from the ordinary view of the public, or
(2) The activities of the nudist society are not sufficiently isolated from the public, or sufficient precautions are not being taken to exclude the presence of nonmember, or
3. The nudist society is not being operated in accordance with the purpose for which it was licensed, or
4. The owner or operator has been convicted of a felony, or a misdemeanor involving disorder or breach of the peace arising out of the operation of the nudist society.
HISTORY: 1978 c 384, § 372, eff. 6-17-78
1968 c 203, § 3
CROSS REFERENCES
Intentional exposure of genitals likely to cause affront, or alarm, 510.150
Disorderly conduct, 525.060
Classification of felonies, Ch 532
LIBRARY REFERENCES
Revocation of license. 51 Am Jur 2d, Licenses and Permits § 58 to 62, 88 to 118
Validity, construction, and effect of statutes or ordinances prohibiting the sale of obscene materials to minors. 93 ALR3d 297
Validity of ordinances restricting location of "adult entertainment" or sex-oriented business. 10 ALR5th 538
232.041 Inspection of society; register of members required
Each licensed nudist society shall be subject to such reasonable inspection by the sheriff or deputies designated by him as may reasonably be deemed necessary to enforce KRS 232.010 to 232.041 and 232.991, and acting in a reasonable manner sheriffs or deputy sheriffs shall have the right to go upon the private property and gain access to the buildings or enclosures of licensed nudist societies. The owner, operator, or person in charge of a nudist society shall keep a register of names and addresses of members of the society which shall be made available for inspection by proper authorities upon order of the county judge/executive.
HISTORY: 1968 c 203, § 4, eff. 6-13-68
CROSS REFERENCES
Search and seizure, warrants, Ky Const §10
LIBRARY REFERENCES
Inspection, 51 Am Jur 2d, Licenses and Permits § 47
Validity, construction, and effect of statutes or ordinances prohibiting the sale of obscene materials to minors. 93 ALR3d 297
Validity of ordinances restricting location of "adult entertainment" or sex-oriented businesses. 10 ALR5th 538
232.990 Penalties-Repealed
HISTORY: 1968 c 203, § 6, c 152, § 168, eff. 6-13-68
1942 c 208, § 1; KS 3727b-6
232.991 Operating society without license, penalty
Any person who owns or operates a nudist society, whether for religious or health purposes, without a valid license from the county judge/executive shall be fined not less than five hundred ($500) nor more than one thousand dollars ($1,000), or imprisoned in the county jail for not less than ten (10) nor more than thirty (30) days, or both fined and imprisoned.
HISTORY: 1978 c 384, § 373, eff. 6-17-78
1968 c 203, § 5
LIBRARY REFERENCES
Penalties. 36 Am Jur 2d, Forfeitures and Penalties § 63 to 66
KENTUCKY
Information about Kentucky law towards public nudity (KRS 510.150 ) is desired for this page. Due to limited time among other things, work on this project is on the backburner for now. However, anybody interested in naturism and with good legal knowledge who wants to assist, contact Kentucky Nude Recreation.
