Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: S1/23/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 43 3
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By: Senators G. Stubblefield, J. Bryant, B. Johnson, K. Hammer, Rice, Flippo, C. Penzo, Gilmore, Stone, 5
M. McKee, A. Clark, Hester, Dees, D. Sullivan, Caldwell, Hill 6
By: Representatives Bentley, Barker, C. Cooper, Crawford, Haak, D. Hodges, Ladyman, Long, 7
Lundstrum, McAlindon, R. Scott Richardson, Rose, Rye, Tosh 8
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For An Act To Be Entitled 10
AN ACT TO CLASSIFY A DRAG PERFORMANCE AS AN ADULT-11
ORIENTED BUSINESS; T O ADD ADDITIONAL LOC ATION 12
RESTRICTIONS TO AN A DULT-ORIENTED BUSINESS; A ND FOR 13
OTHER PURPOSES. 14
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Subtitle 17
TO CLASSIFY A DRAG PERFORMANCE AS AN 18
ADULT-ORIENTED BUSINESS; AND TO ADD 19
ADDITIONAL LOCATION RESTRICTIONS TO AN 20
ADULT-ORIENTED BUSINESS. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code § 14-1-302(6), concerning the definition of 26
"adult-oriented business", is amended to read as follows: 27
(6) “Adult-oriented business” means an adult arcade, an adult 28
bookstore or video store, an adult cabaret, an adult live entertainment 29
establishment, an adult motion picture theater, an adult theater, a massage 30
establishment that offers adult services, an escort agency, or a nude model 31
studio, or a drag performance ; 32
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SECTION 2. Arkansas Code § 14 -1-302, concerning definitions related to 34
adult-oriented businesses, is amended to add additional subdivisions to read 35
as follows: 36 As Engrossed: S1/23/23 SB43
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(26) "Drag performance" means a performance: 1
(A) In which one (1) or more performers: 2
(i) Exhibits a gender identity that is different 3
from the performer's gender assigned at birth using clothing, makeup, or 4
other accessories that are traditionally worn by members of and are meant to 5
exaggerate the gender identity of the performer's opposite sex; and 6
(ii) Sings, lip-synchs, dances, or otherwise 7
performs before an audience of at least two (2) persons for entertainment, 8
whether performed for payment or not; and 9
(B) That is intended to appeal to the prurient interest; 10
and 11
(27) "Minor" means an individual who is less than eighteen (18) 12
years of age. 13
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SECTION 3. Arkansas Code § 14 -1-303, concerning the location of adult -15
oriented businesses, is amended to add an additional subsection to read as 16
follows: 17
(d) An adult-oriented business shall not be located: 18
(1) On public property; or 19
(2) Where a minor can view what the adult -oriented business is 20
otherwise offering to the public that qualifies it as an adult -oriented 21
business. 22
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/s/G. Stubblefield 24
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