SB 1164 — Establishes provisions relating to adult cabaret including civil liability for adult cabarets and the offense of engaging in an adult cabaret performance

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 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 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.

(4) "Adult cabaret performer", an entertainer who provided an adult cabaret performance, including, but not EXPLANATION-Matterlimited enclosedto, ina bold-facedtopless bracketsdancer, [thus]go-go indancer, thisexotic billdancer, isstripper, notor enactedmale andor isfemale intendedimpersonator; to be omitted in the law.

SB 1164 2 limited to, a topless dancer, go-go dancer, exotic dancer, stripper, or male or female impersonator;

A 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 prevailing plaintiff, except no damages, apart from nominal SB 1164 3 damages, shall be awarded in more than one action arising out of a single occurrence.

(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 entertainmententertainment, that appeals to a prurient interest, or similar entertainersentertainers, who provide entertainment that appeals to a prurient interest in sex, regardless of whether performed for consideration;

or SB 1164 4 (b) Any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where:

Employee does not include a person exclusively on the SB 1164 5 premises for repair or maintenance of the premises or for the delivery of goods to the premises;

and SB 1164 6 (b) The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way;

SB 1164 7 [(15)] (16) "Premises", the real property upon which a sexually oriented business is located, and all appurtenances thereto and buildings thereon, including but not limited to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages or both;

SB 1164 8 [(21)] (22) "Sexually explicit conduct", actual or simulated:

or SB 1164 9 e.

By a private college or university which maintains and operates educational programs in which credits are SB 1164 10 transferable to a college, junior college, or university supported entirely or partly by taxation;

or (f) Any business other than an adult cabaret that offers an adult cabaret performance;

SB 1164 11 [(26)] (27) "Substantial", at least thirty percent of the item or items so modified;

or (2) In a location other than an adult cabaret where the adult cabaret performance couldis reasonably expected to be viewed by a person who is not an adult.

16