Missouri Senate

Introduced

SECTION 64.2540 - This section defines numerous terms associated with sexually oriented businesses. The term “sexually oriented business” includes adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, escort agencies, nude model studios, and sexual encounter centers. An employee of a sexually oriented business must be 21 years of age as well as the person applying for the business's license.

SECTION 67.2542 - This section requires sexually oriented businesses to pay a $5 admission tax for each person entering a sexually oriented business. The businesses shall pay the tax to the Department of Revenue and the money will be deposited into the "State Schools Money Fund".

This section also creates an adjusted gross receipts tax at a rate of twenty percent for all sexually oriented businesses. The taxes will be returned to the Department of Revenue and deposited into the state treasury to the credit of the state schools moneys fund.

SECTION 67.2544 - This section states that evidence of a sleeping room in a hotel or motel being rented two or more times in a period of less than 10 hours creates a rebuttable presumption that the establishment is an "adult motel".

A person in control of a room at a motel without a sexually oriented license who rents or subrents the room to a person, and within 10 hours from the time the room is rented, he or she rents the same room again, is guilty of a class A misdemeanor.

SECTION 67.2546 - This section prohibits the exhibition of sexually explicit films, videos, DVDs, and live entertainment 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 an escort agency. Any person who acts as an escort or agrees to do so for any person under the age of 21 is guilty of a Class A misdemeanor.

SECTION 67.2550 - This section prohibits anyone under the age of 21 from being employed by a nude model studio. A person under the age of 18 who appears nude or semi-nude at a nude model studio shall be adjudicated for an offense that would be a class A misdemeanor if he or she was an adult. It is a defense to adjudication if the individual is under the age of 16 and thus presumed to be unable to consent to participating in nude modeling. A person over the age of 18 and under the age of 21 shall be guilty of a Class A misdemeanor for such offense.

A person is guilty of a Class A misdemeanor if he or she appears nude or allows someone else to appear nude in an area at a nude model studio that can be viewed from a public right.

A nude modeling studio cannot place a bed, sofa, or mattress in a room, except for placing a sofa in the reception area.

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 10 p.m. 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, obscenity offense, or alcohol-related offense conviction during the past five 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.

Under this section, 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 by a fine of not more than $1,000 and/or a short jail sentence.

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