Burlesque shows banned at the Canal Club

A local burlesque group has been forced to discontinue their performances by the ABC because of what some call an “antiquated” law meant to regulate strip clubs.

Richmond Varietease, a local burlesque performing group, has been forbidden to perform at the Canal Club because of a law that prevents striptease performances in specific types of clubs that served mixed alcoholic beverages.

Jennifer Farinholt, a Public Relations Specialist at the Virginia Department of Alcohol Beverage Control (ABC), said this in an email to RVANews yesterday evening: “ABC agents conducted an observation visit at the Canal Club on Friday evening and spoke to staff regarding striptease acts being prohibited on the premises of an establishment licensed to serve mixed beverages.” As a result, Richmond Varietease, who celebrated their two-year anniversary last month, is now forced to find a new venue for a show that had been scheduled at the Canal Club on August 13.

Richmond Varietease announced the sudden change in plans on their Facebook page yesterday afternoon. Dolli Holiday, creator and producer of the monthly burlesque stage show, says that ABC is “basing everything on an archaic law.”

The law in question makes distinctions between types of venues that can and cannot host burlesque-related events. Below is an official ABC summary of the provision that the Canal Club violated by hosting Richmond Varietease as a “mixed beverage” venue:

For a mixed beverage licensee, the Board may revoke or suspend the license if the licensee allows entertainment of an obscene nature, stripteasing, topless entertaining, or entertainment that has employees who are not clad both above and below the waist unless the licensee is operating a theatre, concert hall, art center, museum, or similar establishment that is devoted primarily to the arts or theatrical performances, when the performances are expressing matters of serious literary, artistic, scientific, or political value.

And here is the precise verbiage of the law which explicitly states that the following are prohibited at any venue that holds a mixed-beverage license:

  • Allow any obscene conduct, language, literature, pictures, performance or materials on the licensed premises;
  • Allow any striptease act on the licensed premises;
  • Allow persons connected with the licensed business to appear nude or partially nude;

However, it appears that ABC’s contention is not the substance of Richmond Varietease’s performances, but rather the venue in which they are carried out. Differentiating between the two ostensibly similar venues, an ABC statement sent to RVANews maintained: “‘artistic burlesque,’ as opposed to the average strip club performance may be performed at art centers, such as Gallery 5, but not at a mixed beverage restaurant, like the Canal Club. It has nothing to do with the licensing difference, but with the type of venue.” Although a venue known for concerts and performing arts events, and not a restaurant in a traditional understanding, ABC nonetheless considers the Canal Club as a different performance venue than Gallery5.

Burlseque dates back to the late 17th century. The word burlesque derives from the Italian burlesco, which, in turn, derives from the Italian burla – a joke, ridicule or mockery. Whereas strip club performances merely showcase nearly naked bodies (it is illegal for all-nude stripping in Virginia; performers are required to wear underwear and pasties). Burlesque shows are staged productions, replete with dialogue and even audience interaction, and requires proper training and rehearsals. “More emphasis on the tease than the strip,” says Holiday.

Last Friday evening, July 29th, students of the Richmond Institute of Burlesque, a school co-started by Holiday to “teach the next generation of burlesque performers,” held a showcase in which students made their stage debut. In the middle of the performance, Kathy Jacobs, the owner of The Canal Club, approached Holiday and asked her how much time remained in the performance. Holiday informed her that only about one hour remained. According to Holiday, Jacobs “looked worried.” Jacobs left, leaving Holiday and her students to finish the showcase.

Unbeknownst to Holiday and her students, two ABC agents (Allen Slonaker and another, unknown agent) were at The Canal Club to inform the club’s management that the burlesque performances were unlawful. In a statement, the state agency indicated that the agents “…visited the Canal Club Friday evening as a routine observation.” Jacobs asked the agents to allow the showcase to end, to which the agents eventually agreed.

The Canal Club consulted with lawyers on Monday to see if there would be any legal way to host future burlesque performances. Lawyers determined that doing so would severely risk punitive repercussions, namely that, according to an ABC statement on the matter, the “Bureau of Law Enforcement would issue an administrative violation.” As such, the club will indefinitely suspend all Richmond Varietease performances. Jacobs called Holiday to inform her of the club’s decision.

“Her voice was cracking,” says Holiday of Jacobs. “She was very upset,” a sentiment shared by the Richmond Varietease founder. “The Canal Club was so perfect,” says Holiday. “It’s ideal” because of its capacity: the best venue to accommodate the 150-300 people that regularly attend the monthly Richmond Varietease performances.

In addition to showcasing local talent, the burlesque company invites performers from around the country to participate in the monthly shows. The August event, still tentatively scheduled, is scheduled to have performers visiting from Minnesota and Baltimore.

When asked if she could find another location to host the upcoming performance, Holiday says, “I’m not going to throw in the towel,” although she is aware that finding a suitable replacement venue will be difficult.

Being that the law in question is a Virginia statute, the municipality of Richmond is virtually powerless to grant the appropriate status to the Canal Club for future burlesque performances–such legislative decisions can only be amended by the General Assembly. Virginia’s General Assembly outlawed nudity in mixed beverage restaurants in 1968, when liquor by-the-drink was made legal. In 2008, the Assembly added the exception for artistic performances in theaters and similar establishments.

It is notable, however, that New York City, Washington D.C., and other cities allow for a specific “cabaret license” that, among other things, distinguishes burlesque performances from that of strip clubs, and grants venues of varying existing beverage licenses legal means for hosting burlesque performances. No such license, however, exists within the state of Virginia, one that Holiday says, “I would be 100% for.”

Richmond Varietease took six months to get off the ground, and has built both a large and loyal fan base in the city in the two years its operated. “There’s not much live entertainment left,” laments Holiday, who created her burlesque show to connect Richmonders to an old form of stage art experiencing a renaissance throughout the country. All of that is now now threatened. When asked why agents only now discovered the illegal operation, an ABC statement said that, “Events can go undetected as agents have diverse responsibilities and hundreds of establishments to monitor, however, once issues or violations are observed they are addressed quickly.”

“It’s upsetting and disheartening,” says Holiday, who sees Richmond Varietease as a significant player in the continued conception and branding of Richmond as the “creative capital.” She plans to do all she can to fight the current ABC regulations. She knows, however, that she cannot do it alone.

“It’s going to take the support of the community to get this law changed.”

 

photo: Boo Boo Darlin’ at this year’s Richmond Varietease’s Valentine’s Day show, courtesy of Jamie Betts Photo

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Nathan Cushing

Nathan Cushing is a writer, journalist, and RVANews Editor.

Notice: Comments that are not conducive to an interesting and thoughtful conversation may be removed at the editor’s discretion.

  1. Nick Crutchfield on said:

    Hi folks,

    First of all- have said agents been to George Washington Hwy. in Portsmouth, VA? Mixed beverage and strip tease have going on there and has been since I was but a youngster.

    That being said, Strip tease and Burlesque are two completely different things. Two different art forms, well one is an art, the other is a skill, if you will. The burlesque shows that Variatease puts on are classy, fun, entertaining, and full of showmanship. To compare this to taking off clothes for Washingtons and Lincolns is something entirely different and entirely wrong.

    I understand what ABC is saying, but I also know for fact (a little bird told me) that the ABC laws are in direct interpretation of the agent enforcing said laws. This means that what is “lude” here may not be so in Tidewater or in NOVA. I enjoy that bend in the law, but shouldn’t the people of RVA have a better say in what can and cannot be shown in the Canal Club? A burlesque show is the least of your concerns.

    I hope that I haven’t angered anyone here. My point is to show that not only is burlesque and art form and a piece of Americana that is dying quickly, but something that should be treated with dignity. With the problems that RVA has (yes it made the murder list again) you’d think that ABC might have bigger fish to fry.

    Thank you for your time.

  2. anonymous on said:

    You know, while some folks badmouth needed law like the new noise ordinance, the A.B.C. continues its officious repression and the meals tax increase continues to nickel and dime citizens and small businesses.

    There’s no time like the present to figure out priorities.

  3. Emily on said:

    What is this, the 1920s? We raid burlesque shows for ridiculous laws yet strip clubs like the one around the corner (You all know what I’m talking about) gets to pole dance around the law constantly and be totally disgusting. What a bummer.

  4. Boodle on said:

    You know, if the proper authorities were to research proper burlesque they would find that it doesn’t usually involve people taking off all of their clothes. There’s always a pastie or a conveniently arranged piece of fabric or whatever covering up their privates.

    They’d also find that it’s not the same as outright stripping. Burlesque is an art form. Some performers forget this and some will label their stripping “burlesque” when it clearly isn’t, but these guys are assuming that burlesque is the same as a sex show.

  5. Nandalal Rasiah on said:

    government is a package deal. you don’t just get the regulation to which a libertine is disposed. If Gov. Good Hair had actually cut distributor monopolies and state taxes out of the ABC reform, it might have had a chance of passing, instead he kept the status quo largely intact and thus we have this ‘random’ search prompting a shutdown of Canal Club sponsorship.

  6. Cat Phillips on said:

    I think that law actually contradicts itself to the point that if Canal Club wanted to fight this they could.
    “For a mixed beverage licensee, the Board may revoke or suspend the license if the licensee allows entertainment of an obscene nature, stripteasing, topless entertaining, or entertainment that has employees who are not clad both above and below the waist unless the licensee is operating a theatre, concert hall, art center, museum, or similar establishment that is devoted primarily to the arts or theatrical performances, when the performances are expressing matters of serious literary, artistic, scientific, or political value.”
    1. Canal Club is operating a concert hall.
    2. Said concert hall is devoted primarily to the arts or theatrical performances, when the performances are expressing matters of artistic value. Namely musical performances and other forms of artistic expression.
    Use their own law against them, I say.

  7. bopst on said:

    great article, Nathan.

  8. Mike on said:

    Stripping is generally very transactional in nature: Here’s my boobs, here’s my butt, gimme ten bucks. Stripping is usually also very overtly sexual and involves full nudity. Burlesque is generally not transactional; you pay admission up front and dancers do not solicit individuals for tips. Burlesque is also generally as much about comedy as it is about sexiness, and much of the time you don’t see more skin than you would see at the beach. Burlesque is more along the lines of performance art than sexual solicitation; the dancers I’ve been acquainted with would be offended by a customer making a move; some are married, and all draw a strong line between sexy onstage personae and offstage behavior. I can see how a law like this could be used as an attempt to not only enforce “community standards” but also quash prostitution and vice, but times have changed. Burlesque shows are well-attended and obviously do not violate “community standards” and the dancers are not prostitutes. This whole mess is a sad farce and the laws need to be thrown out or changed. We also need proof that these laws are being equally enforced across the board, and if they’re not, either call on them to be so enforced or call for the law to be dropped, period.

  9. I agree with what Bopst says. This article was well-researched and well-written, Nathan. I’m proud to work with you.

    What I take exception with are the comments that bash “stripping” and hail burlesque.

    Nick – Have you been to a burlesque show? They gladly accept “Washingtons and Lincolns”, as well they should. Just like exotic dancers.

    Emily – While I’ll agree that burlesque is more bawdy and less hardcore sexual, pasties are not the line between “totally disgusting” and art.

    Boodle – I’m here to tell you that exotic dancing is also an “art form”. Believe it or not, many of those who “strip” seek to entertain. And I don’t know which clubs you’ve been to, but stripping and sex shows are two completely different things. I’ve done both. I know.

    I really hate when people try to institute change only for themselves. The law was originally designed to protect the performers from patrons who might not be fully in control of themselves because of liquor consumption. Either all performers deserve the protection or all don’t, but titties are titties and, as someone who took her clothes off for money to feed her children, I’m calling for performers to band together, not construct a hierarchy.

    Is the law outdated? Then it’s outdated. For everyone. Even the pastie-less.

  10. Julie on said:

    TCG:

    I love your always insightful observations. In regards to line-drawing, in a scenario like this where the law is intended to protect performers from inebriated customers… One aspect does differentiate from the common strip bar atmosphere and that of burlesque. Most strip joints place the female personnel in realistic range of physical contact by patrons. A burlesque performance however works fine on a stage at a distance, with a partition and security between the audience and performers. I think, if anything, the law could be re-written to specify such. That doesn’t make it a question of heirarchy where one must judge such abstract notions as “literary or artistic merit” but rather states that full on nude stripping is or is not allowed in VA period, and if a performance is of a sexually explicit nature at an establishment serving mixed alcohol, then there must be a distance of X feet between performers on a stage and audience, enforced by club security staff.

    Who gets to determine “artistic merit” anyways? I’m a big fan of Richmond band GWAR but I know a lot of people who would have some arguments about sexual content and artistic merit in their shows. You just can’t base laws on such arbitrary judgement calls and matters of personal taste. That’s silly.

  11. I would like to thank the Commonwealth of Virginia for letting me know that I was participating in criminal activity when I had my Malibu Rum, pineapple w/ a splash of cranberry last Friday. I think I might’ve *popped* a pasti-less mommy boob when I when leaning over to pick up my handbag off of the floor, to pay for the offensive item. Thank goodness no one saw that!! Talk about faux-pas!!

    RPD, you’re so grand….and stick to patrolling and protecting; and I love you for it!! Since the ABC officer has the choice to enforce said law, I’d love to know the back story on why they were really there. It could’ve very well been b/c of competition or jealousy from the surrounding dance clubs.

    Once when I was a younger lass, I was very much kicked out of a strip club for dancing too close to the stage and apparently “interfering, w/ the dancing talent”. If a 22 year old, champagne infused chick is interference (me, 10 years ago), imagine the business interference from a choreographed varied set of acts from multiple women….. Just a thought.

  12. Sandra on said:

    Right on Checkout Girl!

  13. TCG nails it again, both by praising the article and by pointing out the graying of “who’s rights are they anyway?” lines.

    Virginia’s ABC laws are a mess. Legislating morality is difficult at best, stupid most of the time. The point about the law being put in place to protect performers from over-served clientele would work … if we weren’t in Jimbobwe.

    Liquor laws put in place during Prohibition still linger. For example: VA’s ABC rules.

  14. As our esteemed mayor observed on his trip to Austin, we don’t want any of that weird stuff here.

  15. Alix B. on said:

    Good job Nathan. Curious if y’all find the law “archaic.” Definitely dated, but I was thinking “archaic” meant WAY back to prohibition. This code was created in 1968 and amended in 2008–allowing the theater exception. That’s like calling Joplin archaic. No matter, I guess in the scheme of things, 42 years is old-fashioned?????

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