Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1028
adult cabaret performances; prohibited locations
Purpose
Prohibits a person from engaging in an adult cabaret performance on public property or in
a location where the performance could be viewed by a minor.
Background
An adult cabaret excludes any establishment with a license to sell alcohol, and includes
any nightclub, bar, restaurant or other similar commercial establishment that regularly features:
1) persons who appear in a state of nudity or who are seminude; 2) live performances that are
characterized by the exposure of specific anatomical areas or specific sexual activities; or 3) films,
motion pictures, videocassettes, slides or other photographic reproductions that are characterized
by the depiction or description of specific sexual activities or specific anatomical areas (A.R.S.
§ 13-1422).
A class 1 misdemeanor carries a maximum jail sentence of six months and a civil penalty
of not more than $2,500. A class 6 felony carries a presumptive prison sentence of one year and a
fine not to exceed $150,000 to be determined by the court (A.R.S. §§ 13-702; 13-707; 13-801; and
13-802).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a person from engaging in an adult cabaret performance on public property, or in a
location where the performance could be viewed by a minor.
2. Classifies a first violation as a class 1 misdemeanor, and a second or subsequent violation as a
class 6 felony.
3. Specifies that counties and municipalities are not prohibited from enacting and enforcing
ordinances that regulate the location of adult cabaret performances in a manner that is at least
as restrictive as this legislation.
4. Assigns the same meaning to adult cabaret as prescribed in statute.
FACT SHEET
S.B. 1028
Page 2
5. Defines adult cabaret performance as a performance in a location other than an adult cabaret
that features topless dancers, go-go dancers, exotic dancers, strippers, drag performers, drag
shows, male or female impersonators who provide entertainment that appeals to a prurient
interest or other similar entertainers, regardless of whether the performance is for
consideration.
6. Becomes effective on the general effective date.
Prepared by Senate Research
January 31, 2023
ZD/sr