SB 1232 Regulates sexually-oriented businesses
Sponsor: Bartle
LR Number: 5509S.01I Fiscal Note:
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 3/7/2006 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S409
Title: Calendar Position:
Effective Date: August 28, 2006

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Current Bill Summary


SB 1232 - This act regulates sexually oriented businesses.

SECTION 64.2540 - This section repeals the current definitions and defines numerous terms associated with sexually oriented businesses. The term "sexually oriented business" includes any business which offers its patrons goods of which a substantial portion are sexually-oriented material. 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.

SECTION 67.2546 - This section repeals the current provisions and enacts new provisions. This section prohibits the exhibition of films, videos, DVDs, or other video reproductions depicting specified sexual activities in viewing rooms at sexually oriented businesses regardless of whether the room is visible from the main aisle. 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.

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 - This section repeals the current provisions and enacts new provisions. 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 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 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 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.

This act is identical to the perfected version of SS/SCS/SB 32 (2005).

SUSAN HENDERSON MOORE