SB 32 Regulates sexually oriented businesses
Sponsor: Bartle
LR Number: 0099L.19C Fiscal Note: 0099-19
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/9/2005 - Referred to Rules Committee pursuant to Rule 25(26)(f) Journal Page: H1611
Title: HCS SS SCS SB 32 Calendar Position:
Effective Date: August 28, 2005
House Handler: Johnson

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Current Bill Summary


HCS/SS/SCS/SB 32 - This act regulates sexually-oriented businesses.

SECTION 64.2540 - This section defines numerous terms associated with sexually oriented businesses. The term "sexually oriented business" includes any adult cabaret or any business which generates a majority of its revenue from the sale of sexually-oriented material.

SECTION 67.2546 - This section prohibits the exhibition of films, videos, DVDs, or other video reproductions depicting specified sexual activities in viewing rooms at sexually oriented businesses. A person who violates this provision is guilty of a Class A misdemeanor.

SECTION 67.2548 - This section prohibits anyone under the age of 21 from being employed by a sexually-oriented business. Violation of this section is a Class A misdemeanor.

SECTION 67.2552 - It is a Class A misdemeanor for a person to knowingly and intentionally appear nude or depict, perform, or simulate specified sexual activities in a sexually oriented business. This section also makes it a Class A misdemeanor for a person to knowingly or intentionally appear semi-nude unless the person is an employee who remains a specified distance away from the patrons and behind a railing.

It is a Class A misdemeanor for an employee, while semi-nude in a business, to solicit any pay or gratuity from a customer or for a customer to pay an employee while he or she is in a semi-nude state.

It is a Class A misdemeanor for an employee, while in a semi-nude state, to touch a customer or for a person to knowingly allow a person under 21 on the premises except for those on the premises for maintenance, repair work, or delivery of items.

This section prohibits a sexually oriented business from being open between the hours of midnight and 10 a.m. on weekdays and Saturdays. These businesses will be closed on state holidays and Sundays.

SECTION 67.2554 - This section allows any county, city, town or village to create an ordinance requiring sexually oriented businesses to be licensed. Any applicant for such a license must provide certain information on the application including personal description information, present contact information, and proof of age. A license shall not be issued to any person who has had a sexual offense or obscenity offense conviction during the past 10 years.

SECTION 67.2556 - This section allows any county, city, town or village to have zoning power to regulate the location of sexually oriented businesses.

This section also explains that the purpose of this legislation is to protect public policy interests such as mitigating the adverse secondary effects of sexually oriented businesses, limiting harm to minors, and reduction of crime.

SECTION 573.503 - This section allows counties and St. Louis City to create an order or ordinance requiring employees of a sexually oriented businesses to complete background checks.

Certain provisions of this act are contained in SS/SCS/HCS/HB 972 (2005).

SUSAN HENDERSON