Stricken language would be deleted from and underlined language would be added to present law.
*JMB093* 1/5/2023 12:34:22 PM JMB093
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 43 3
4
By: Senator G. Stubblefield 5
By: Representative Bentley 6
7
For An Act To Be Entitled 8
AN ACT TO CLASSIFY A DRAG PERFORMANCE AS AN ADULT-9
ORIENTED BUSINESS; T O ADD ADDITIONAL LOC ATION 10
RESTRICTIONS TO AN A DULT-ORIENTED BUSINESS; A ND FOR 11
OTHER PURPOSES. 12
13
14
Subtitle 15
TO CLASSIFY A DRAG PERFORMANCE AS AN 16
ADULT-ORIENTED BUSINESS; AND TO ADD 17
ADDITIONAL LOCATION RESTRICTIONS TO AN 18
ADULT-ORIENTED BUSINESS. 19
20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. Arkansas Code § 14 -1-302(6), concerning the definition of 24
"adult-oriented business", is amended to read as follows: 25
(6) “Adult-oriented business” means an adult arcade, an adult 26
bookstore or video store, an adult cabaret, an adult live entertainment 27
establishment, an adult motion picture theater, an adult theater, a massage 28
establishment that offers adult services, an escort agency, or a nude model 29
studio, or a drag performance ; 30
31
SECTION 2. Arkansas Code § 14 -1-302, concerning definitions related to 32
adult-oriented businesses, is amended to add additional subdivisions to read 33
as follows: 34
(26) "Drag performance" means a performance: 35
(A) In which one (1) or more performers: 36 SB43
2 1/5/2023 12:34:22 PM JMB093
(i) Exhibits a gender identity that is different 1
from the performer's gender assigned at birth using clothing, makeup, or 2
other accessories that are tradition ally worn by members of and are meant to 3
exaggerate the gender identity of the performer's opposite sex; and 4
(ii) Sings, lip-synchs, dances, or otherwise 5
performs before an audience of at least two (2) persons for entertainment, 6
whether performed for payment or not; and 7
(B) That is intended to appeal to the prurient interest; 8
and 9
(27) "Minor" means an individual who is less than eighteen (18) 10
years of age. 11
12
SECTION 3. Arkansas Code § 14 -1-303, concerning the location of adult -13
oriented businesses, is amended to add an additional subsection to read as 14
follows: 15
(d) An adult-oriented business shall not be located: 16
(1) On public property; or 17
(2) Where a minor can view what the adult -oriented business is 18
otherwise offering to the public that qualifies it as an adult -oriented 19
business. 20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36