Birmingham's licensing bosses fear that any venue showing nude entertainment less than once a month, or up to 11 times a year, will not need a new Sex Encounter Venue licence.
But this idea that venues showing nude entertainment less than once a month are exempt seems to be a serious loophole.
However, it must do so by more narrowly tailored means, such as requiring that "nude performers remain at all times a minimum distance from spectators, that nude entertainment be limited to certain hours, or even that establishments providing such entertainments be dispersed throughout the city.
A prohibition of nude entertainment does not change this provincial aspect.
Second, the group claimed it is unfair because it targets only businesses that provide live nude entertainment, and third, it said the fee is an impediment to free speech.
Because the fee is only charged on clubs featuring live nude entertainment, the appeals court decided "the tax is not based on the value of operating a nude-entertainment business in Texas.
Any claim that ongoing litigation is a basis for nonpayment of the Sexually Oriented Business Fee is not valid," insists an April 11 letter from the comptroller's tax division that was sent to roughly 200 clubs in Texas that offer nude entertainment
The latest bid for a so-called nude entertainments
licence comes from the Cyclone Club, which wants to open on Broad Street, in a district already well served by the flashing of boobs and crotches.