Assigned to JUD AS VETOED
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
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 person knows or has reason to know that 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 person knows or has reason to know that 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. FACT SHEET – Amended/Vetoed
S.B. 1028
Page 2
4. Assigns the same meaning to adult cabaret as prescribed in statute.
5. Defines adult cabaret performance as a sexually explicit performance in a location other than
an adult cabaret, regardless of whether the performance is for consideration.
6. Defines sexually explicit as an intention to arouse or satisfy the sexual desires or appeal to the
prurient interest.
7. 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.
Amendments Adopted by Committee of the Whole
1. Specifies that a person must know or have reason to know that an adult cabaret performance
could be viewed by a minor in a certain location in order to be in violation of the prohibition.
2. Modifies the definition of adult cabaret performance to mean a sexually explicit performance
in a location other than an adult cabaret, regardless of whether the performance is for
consideration.
3. Removes the definition of drag performer.
Governor's Veto Message
The Governor indicates in her veto message that S.B. 1028 attempts to criminalize free
expression and ostracize the LGBTQIA+ community and that she does not support any attempts
to marginalize Arizonans.
Senate Action House Action
JUD 2/1/23 DPA 4-3-0 GOV 3/29/23 DP 5-4-0-0
3
rd
Read 3/16/23 16-12-0 3
rd
Read 5/15/23 31-27-1-0-1
Vetoed by the Governor 6/16/23
Prepared by Senate Research
June 26, 2023
ZD/sr