[−] removed[+] addedOfficial text
[−]removed: EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[+]added: 5210S.04C
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SENATE [−]removed: BILL NO. [+]added: COMMITTEE SUBSTITUTE
FOR
SENATE BILLS NOS. 1164
[−]removed: 103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
5210S.02I KRISTINA MARTIN, Secretary
[+]added: & 1476
AN ACT
To repeal [−]removed: section [+]added: sections 67.2540, 226.531, and 573.010, RSMo, and to enact in lieu thereof [−]removed: three [+]added: five new sections relating to [−]removed: judicial
proceedings, [+]added: adult cabaret performances, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. [−]removed: Section [+]added: Sections 67.2540, 226.531, and 573.010, RSMo, [−]removed: is [+]added: are repealed and [−]removed: three [+]added: five new sections enacted in lieu thereof, to be known as sections [+]added: 67.2540, 226.531, 537.048, 573.010, and 573.520, to read as follows: [+]added: 67.2540. As used in sections 67.2540 to 67.2556, the
following terms mean:
(1) "Adult cabaret", a nightclub, bar, restaurant, or
similar establishment in which persons regularly appear in a
state of nudity[, as defined in section 573.500,] or
seminudity in the performance of their duties;
(2) "Adult cabaret performance", a performance that
appeals to a prurient interest in a location other than an
adult cabaret that features topless dancers, go-go dancers,
exotic dancers, strippers, male or female impersonators who
provide entertainment, or similar entertainers, regardless
of whether performed for consideration;
(3) "Employee", a person who is at least twenty-one
years of age and who performs any service on the premises of
a sexually oriented business on a full-time, part-time, or
contract basis, whether or not the person is denominated an
employee, independent contractor, agent, or otherwise, and
whether or not said person is paid a salary, wage, or other
compensation by the operator of said business. The term
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employee does not include a person exclusively on the
premises for repair or maintenance of the premises or
equipment on the premises, or for the delivery of goods to
the premises;
[(3)] (4) "Nudity" or a "state of nudity", the showing
of the human male or female genitals, pubic area, vulva,
anus, anal cleft or anal cleavage with less than a fully
opaque covering, the showing of the female breast with less
than a fully opaque covering of any part of the nipple, or
the showing of the covered male genitals in a discernibly
turgid state;
[(4)] (5) "Nuisance", any place in or upon which
lewdness, assignation, or prostitution is conducted,
permitted, continued, or exists, or any place, in or upon
which lewd, indecent, lascivious, or obscene films, or films
designed to be projected for exhibition, are photographed,
manufactured, developed, screened, exhibited, or otherwise
prepared or shown, and the personal property and contents
used in conducting and maintaining any such place for any
such purpose. The provisions of this section shall not
affect any newspaper, magazine, or other publication entered
as second class matter by the post office department;
[(5)] (6) "Person", an individual, proprietorship,
partnership, corporation, association, or other legal entity;
[(6)] (7) "Seminude" or in a "seminude condition", a
state of dress in which opaque clothing fails to cover the
genitals, anus, anal cleft or cleavage, pubic area, vulva,
nipple and areola of the female breast below a horizontal
line across the top of the areola at its highest point.
Seminudity shall include the entire lower portion of the
female breast, but shall not include any portion of the
cleavage of the human female breast exhibited by wearing
apparel provided the areola is not exposed in whole or part;
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[(7)] (8) "Sexually oriented business", an adult
cabaret [or], any business which offers its patrons goods of
which a substantial or significant portion are sexually
oriented material, or any business other than an adult
cabaret that offers an adult cabaret performance. It shall
be presumed that a business that derives thirty percent or
less of its revenue from sexually oriented materials is
presumed not to be a sexually oriented business. [No] A
building, premises, structure, or other facility that
contains any sexually oriented business shall not contain
any other kind of sexually oriented business, except that of
an adult cabaret performance;
[(8)] (9) "Sexually oriented materials", any pictorial
or three-dimensional material, or film, motion picture, DVD,
video cassette, or similar photographic reproduction, that
depicts nudity, sexual conduct, sexual excitement, or
sadomasochistic abuse, as defined in section 573.010;
[(9)] (10) "Specified criminal activity" includes the
following offenses:
(a) Prostitution or promotion of prostitution;
dissemination of obscenity; sale, distribution, or display
of harmful material to a minor; sexual performance by a
child; possession or distribution of child pornography;
public lewdness; indecent exposure; indecency with a child;
engaging in organized criminal activity; sexual assault;
molestation of a child; gambling prohibited under Missouri
law; or distribution of a controlled substance; or any
similar offenses described in this subdivision under the
criminal or penal code of other states or countries;
(b) For which:
a. Less than two years have elapsed since the date of
conviction or the date of release from confinement imposed
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for the conviction, whichever is the later date, if the
conviction is of a misdemeanor offense;
b. Less than five years have elapsed since the date of
conviction or the date of release from confinement for the
conviction, whichever is the later date, if the conviction
is of a felony offense; or
c. Less than five years have elapsed since the date of
the last conviction or the date of release from confinement
for the last conviction, whichever is the later date, if the
convictions are of two or more misdemeanor offenses or
combination of misdemeanor offenses occurring within any
twenty-four-month period;
(c) The fact that a conviction is being appealed shall
not prevent a sexually oriented business from being
considered a nuisance and closed under section 67.2546;
[(10)] (11) "Specified sexual activities" includes the
following acts:
(a) The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus, or female breasts;
(b) Sex acts, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
(c) Excretory functions as part of or in connection
with any of the activities set forth in this subdivision.
226.531. 1. As used in this section the following
terms mean:
(1) "Adult cabaret", a nightclub, bar, restaurant, or
similar establishment in which persons appear in a state of
nudity, as defined in section [573.500] 573.010, or
seminudity, in the performance of their duties;
(2) "Adult cabaret performance", a performance that
appeals to a prurient interest in a location other than an
adult cabaret that features topless dancers, go-go dancers,
exotic dancers, strippers, male or female impersonators who
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provide entertainment, or similar entertainers, regardless
of whether performed for consideration;
(3) "Seminudity", a state of dress in which opaque
clothing fails to cover the genitals, anus, anal cleft or
cleavage, pubic area, vulva, nipple and areola of the female
breast below a horizontal line across the top of the areola
at its highest point. Seminudity shall include the entire
lower portion of the female breast, but shall not include
any portion of the cleavage of the human female breast
exhibited by wearing apparel provided the areola is not
exposed in whole or part;
[(3)] (4) "Sexually oriented business", any business
which offers its patrons goods of which a substantial
portion are sexually oriented materials or any business
other than an adult cabaret that offers an adult cabaret
performance. Any business where more than ten percent of
display space is used for sexually oriented materials shall
be presumed to be a sexually oriented business;
[(4)] (5) "Sexually oriented materials", any textual,
pictorial, or three-dimensional material that depicts
nudity, sexual conduct, sexual excitement, or
sadomasochistic abuse in a way which is patently offensive
to the average person applying contemporary adult community
standards with respect to what is suitable for minors.
2. No billboard or other exterior advertising sign for
an adult cabaret or sexually oriented business shall be
located within one mile of any state highway except if such
business is located within one mile of a state highway then
the business may display a maximum of two exterior signs on
the premises of the business, consisting of one
identification sign and one sign solely giving notice that
the premises are off limits to minors. The identification
sign shall be no more than forty square feet in size and
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shall include no more than the following information: name,
street address, telephone number, and operating hours of the
business.
3. Signs existing on August 28, 2004, which did not
conform to the requirements of this section, may be allowed
to continue as a nonconforming use, but should be made to
conform within three years from August 28, 2004.
4. Any owner of such a business who violates the
provisions of this section shall be guilty of a class C
misdemeanor. Each week a violation of this section
continues to exist shall constitute a separate offense.
5. This section is designed to protect the following
public policy interests of this state, including but not
limited to: to mitigate the adverse secondary effects of
sexually oriented businesses, to improve traffic safety, to
limit harm to minors, and to reduce prostitution, crime,
juvenile delinquency, deterioration in property values, and
lethargy in neighborhood improvement efforts.
537.048. 1. As used in this section, the following terms mean: (1) "Actions or materials that appeal to a prurient interest in sex", actions
[…]
than an adult cabaret establishment, by an adult cabaret performer and which contains actions or materials that appeal to a prurient interest in sex; [+]added: 7
(4) "Adult cabaret performer", an entertainer who provided an adult cabaret performance, including, but not limited to, a topless dancer, go-go dancer, exotic dancer,
[…]
court may award any damages or injunctive relief as it deems necessary, including any actual damages, punitive damages, and reasonable attorney's fees, to a [+]added: 8
prevailing plaintiff, except no damages, apart from nominal damages, shall be awarded in more than one action arising out of a single occurrence. 4.
[…]
or other commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear semi-nude; (2) "Adult cabaret performance", a performance [+]added: that
appeals to a prurient interest in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide [−]removed: entertainment that appeals to a prurient interest, [+]added: entertainment, or similar [−]removed: entertainers who provide entertainment that appeals to a prurient interest in sex, [+]added: entertainers, regardless of whether performed for consideration; (3) "Characterized by", describing the essential character or dominant theme of an item; [(3)] (4) "Child", any person
[…]
observer of such conduct, contact, or performance a minor; or (b) Any visual depiction, including any photograph, film, video, picture, or computer or computer-generated [+]added: 9
image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where: a. The production of such visual
[…]
not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises; [+]added: 10
[(6)] (7) "Explicit sexual material", any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals,
[…]
and (b) The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and [+]added: 11
(c) A reasonable person would find the material lacks serious literary, artistic, political or scientific value; [(12)] (13) "Operator", any person on the premises
[…]
and buildings thereon, including but not limited to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages or both; [+]added: 12
[(16)] (17) "Promote", to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or
[…]
conduct", actual or simulated: (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (b) Bestiality; [+]added: 13
(c) Masturbation; (d) Sadistic or masochistic abuse; or (e) Lascivious exhibition of the genitals or pubic area of any person; [(22)] (23) "Sexually oriented
[…]
public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing [+]added: 14
devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed
[…]
no sign visible from the exterior of the structure and no other advertising that indicates a semi- nude person is available for viewing; and [+]added: 15
(ii) Where, in order to participate in a class, a student must enroll at least three days in advance of the class; (e) A
[…]
consideration physical contact in the form of wrestling or tumbling between two or more persons when one or more of the persons is semi-nude; [+]added: or
(f) Any business other than an adult cabaret that
offers an adult cabaret performance;
[(23)] (24) "Sexual performance", any performance, or part thereof, which includes sexual conduct by a child who is less than eighteen years of age;
[…]
includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image. [+]added: 16
573.520. 1. A person commits the offense of engaging in an adult cabaret performance if such performance is: (1) On public property; or (2) In a location [+]added: other than an adult cabaret where the adult cabaret performance [−]removed: could [+]added: is reasonably expected to be viewed by a person who is not an adult. 2. The offense of engaging in an adult cabaret performance is a class A
[…]