Assigned to JUD AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1028
adult cabaret performances; prohibited locations
Purpose
Prohibits a person or business 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 or business 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 – Amended
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 who
provide entertainment in a sexually explicit manner, 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. Defines drag performer as a person who dresses in clothing and uses makeup and other
physical markers opposite of the person's gender at birth to exaggerate gender signifiers and
roles and who engages in singing, dancing or a monologue or skit in order to entertain an
audience.
7. Defines sexually explicit as an intention to arouse or satisfy the sexual desires or appeal to the
prurient interest.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Adds businesses to the prohibition against engaging in an adult cabaret performance in
specified locations.
2. Modifies the definition of adult cabaret performance to exclude drag shows and specify that
drag performers included in the definition are those that provide entertainment in a sexually
explicit manner.
3. Adds definitions for drag performer and sexually explicit.
Senate Action
JUD 2/1/23 DPA 4-3-0
Prepared by Senate Research
February 7, 2023
ZD/sr