Stricken language would be deleted from and underlined language would be added to present law.
*JMB093* 01-30-2023 09:55:59 JMB093
State of Arkansas As Engrossed: S1/23/23 H1/30/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 43 3
4
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
9
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; AND FOR 13
OTHER PURPOSES. 14
15
16
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
22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
25
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 enter tainment 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
33
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 H1/30/23 SB43
2 01-30-2023 09:55:59 JMB093
(26) "Drag performance" means a performance: 1
(A) In which one (1) or more performers: 2
(i) Exaggerates sexual aspects of the masculine or 3
feminine body for entertainment purposes; 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 additional subsections 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
(e) An adult-oriented business shall not permit a minor to view 21
material or entertainment that: 22
(1) Appeals to the prurient interest as applied to a minor; 23
(2) Depicts sexual behavior in a way that is patently offensive 24
under community standards as applied to a minor; and 25
(3) Lacks serious literary, artistic, political, or scientific 26
value for minors. 27
28
/s/G. Stubblefield 29
30
31
32
33
34
35
36