SB 300 Modifies the laws regulating sexually oriented businesses
Sponsor: Bartle
LR Number: 0500S.02I Fiscal Note: 0500-02
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/18/2007 - S Informal Calendar S Bills for Perfection Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2007

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Current Bill Summary


SB 300 - This act modifies laws relating to the regulation of sexually oriented businesses.

SECTION 64.2540 - This section defines the term "licensee" in relation to sexually oriented businesses.

SECTION 67.2546 - This section repeals and reenacts current law. Current law 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.

If a sexually oriented business allows specified criminal activity or specified sexual activity on the premises or otherwise fails to comply with these requirements, it shall be considered a nuisance and closed pursuant to Section 567.080, RSMo.

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 - Under this section, it is a Class A misdemeanor for an employee, while semi-nude in a sexually oriented business, to solicit any pay or gratuity from a customer or for a customer to pay gratuity to an employee while he or she is semi-nude.

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 10 p.m. and 10 a.m. on weekdays and Saturdays. These types of 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 identifying information, present contact information, and proof of age. The county or municipality may collect a non-refundable deposit fee to be paid prior to processing a licensing application. A license shall not be issued to any person who has had a conviction for a sexual offense, obscenity offense, or alcohol-related offense 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 311.488 - This section prohibits the Supervisor of the Division of Alcohol and Tobacco Control from issuing a liquor license to a sexually oriented business.

SECTION 567.080 - This section states that any room, building or other structure regularly used for lewdness and assignation purposes is a public nuisance. Currently, only those places where prostitution is conducted are considered public nuisances.

Any person who establishes, maintains, uses, owns, or leases a place for lewdness, assignation, or prostitution is guilty of maintaining a nuisance. If convicted, a person will be fined not more than $1,000 and/or receive a jail sentence of not more than one year.

An action to enjoin such a nuisance may be brought if a lessee, sublessee, employee or agent of the owner, assignee, or partner of the owner knew the nuisance was being maintained. Currently, the law provides for such an injunction only if the owner knows of such activity.

SECTION 573.503 - This section makes it a Class B misdemeanor for an adult cabaret employee to not complete a background check if required to do so by an order or ordinance. Currently, this section allows counties and St. Louis City to create an order or ordinance requiring employees of adult cabarets to complete background checks but there is no penalty for failing to do so.

SUSAN HENDERSON MOORE