SB 223
Regulates sexually oriented businesses
LR Number:
Last Action:
5/15/2009 - S Informal Calendar S Bills for Perfection--SBs 223 & 226-Goodman and Nodler, with SCS & SA 1 (pending)
Journal Page:
SCS SBs 223 & 226
Calendar Position:
Effective Date:
August 28, 2009

Current Bill Summary

SCS/SBs 223 & 226 - This act regulates sexually oriented businesses.

As of August 28, 2009, no person shall establish a sexually oriented business within 1000 feet of a preexisting school, house of worship, state-licensed day care, public library, public park, residence, or other sexually oriented business.

No person shall establish a sexually oriented business if a person with an influential interest in such business has been convicted of, or released from confinement, for certain crimes within the last eight years.

This act prohibits a person from knowingly appearing nude in a sexually oriented business. No employee of such a business shall knowingly appear in a semi-nude condition, unless he or she remains on a stage at least six feet from the patrons and at least eighteen inches from the floor in a room that is at least 600 square feet. Also, such employees appearing semi-nude shall not knowingly touch a patron or the clothing of a patron.

A sexually oriented business that exhibits films, videos, or other reproductions with an emphasis on displaying specified sexual activities or specified anatomical areas must comply with the following requirements:

1) the operator's station must have an unobstructed view of all areas where patrons are permitted except the restroom;

2) the operator's station must not exceed 32 square feet;

3) if more than one operator's station exists, there must be an unobstructed view of each area where patrons are permitted from at least one of the operator's stations;

4) the view from the operator's station must be by direct line of sight;

5) the operator shall ensure that at least one employee is on duty in the operator's station at all times patrons are there; and

6)the operator and employees must ensure that view areas remain unobstructed.

Sexually oriented businesses that do not meet the requirements for stages or interior specifications on August 28, 2009, shall have 180 days to comply. During such period, any employee who appears semi-nude shall remain at least six feet from all patrons.

No sexually oriented business shall be open between the hours of midnight and 6:00 a.m and no person shall knowingly sell, use, or consume alcohol on the premises. No person shall knowingly allow a person under the age of eighteen on the premises.

In order to violate the provisions of this act, the person must have committed such acts knowingly or recklessly. An act of an employee shall be imputed to the business, only if an officer or manager knowingly or recklessly allows such act to occur on the premises. A violation of this act shall be deemed a misdemeanor punishable by a fine not to exceed $500 or imprisonment not to exceed 90 days. Any business repeatedly operated in violation of this act shall constitute a public nuisance and shall be subject to civil abatement proceedings.

Nothing in this act shall prevent a political subdivision from enacting local ordinances regulating sexually oriented businesses.

This act contains a severability clause.

This act is similar to HB 321 (2009).