31-12-11. Abating operation of bathhouses.

As used in this Code section, the term:#

1. (1)

   “Bathhouse” means a place of public accommodation having facilities including all or some of the following: baths, whirlpools, saunas, massage areas or rooms, and semiprivate or private areas or rooms; and where entry to such place of public accommodation is contingent upon the payment of money on an hourly, daily, weekly, monthly, annual, or club basis; and where the owners or managers or employees of such place of public accommodation knowingly grant or permit the use of such place for illegal sexual activity.#

2. (2)

   “Illegal sexual activity” means any illegal sexual act involving the sex organs of a person and the mouth, anus, or sex organs of another person.#

The operation of bathhouses in this state is declared to be harmful to the public health, safety, and welfare of the citizens of this state.#

The department and the county boards of health are empowered to maintain actions for injunction pursuant to Code Section 31-5-9 to abate the operation of any bathhouse in this state as a public nuisance.#

The commissioner or the commissioner’s designee or the director of any county board of health is authorized to obtain, pursuant to Article 2 of Chapter 5 of this title, inspection warrants for the search or inspection of any property which is a bathhouse.#

Any person, firm, corporation, or other business entity which owns, operates, or is a manager for or employee of a bathhouse shall be guilty of a misdemeanor.#

Nothing in this Code section shall be construed so as to repeal Code Section 16-6-10, relating to keeping a place of prostitution.#