SB 1028
Initials FK Page 1 Government
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: JUD DPA 4-3-0-0 | 3rd Read 16-12-2-0
SB 1028: adult cabaret performances; prohibited locations
Sponsor: Senator Kern, LD 27
Committee on Government
Overview
Restricts where a person or entity can engage in an adult cabaret performance.
History
An Adult Cabaret excludes establishments with a liquor license and includes any nightclub, bar,
restaurant or another 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 specified anatomical areas
or specific sexual activities;
3) Films, motion pictures, videocassettes, slides or other photographic reproductions that are
characterized by the depiction or description of specific sexual activities or specified
anatomical areas (A.R.S. § 13-1422).
Currently, an adult cabaret cannot remain open at any time between the hours of 1:00 a.m. and
8:00 a.m. Monday through Saturday and between the hours of 1:00 a.m. and 12:00 noon on
Sunday (A.R.S. § 13-1422).
An adult cabaret cannot be located within 1/4 mile of the following:
1) A childcare facility;
2) A private, public or charter school;
3) A public playground;
4) A public recreational facility;
5) A residence; or
6) A place of worship (A.R.S. § 13-1422).
Provisions
1. Prohibits a person or business from engaging in an adult cabaret performance in either of the
following locations:
a) Public property; and
b) In a location where a person knows the cabaret performance could be viewed by a minor.
(Sec. 1)
2. States 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 the laws that govern the location and hours of adult cabarets currently in
statute. (Sec. 1)
3. Classifies a first violation as a class 1 misdemeanor and a second or subsequent violation as
a class 6 felony. (Sec. 1)
4. Defines the following:
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1028
Initials FK Page 2 Government
a) Adult cabaret;
b) Adult cabaret performance; and
c) Sexually explicit. (Sec. 1)