Kentucky 2024 Regular Session

Kentucky House Bill HB402

Introduced
1/30/24  

Caption

AN ACT relating to adult-oriented businesses and declaring an emergency.

Impact

The implementation of HB 402 will directly influence zoning laws across the state, compelling owners of adult-oriented businesses to either relocate or cease operations if they do not comply with the new regulations. Additionally, existing businesses are granted a grace period of five years from the bill's effective date to align with the new rules, allowing them to recoup investments made in their locations. The bill places emphasis on preventing minors from accessing adult content, drastically changing how these businesses operate in proximity to sensitive locations.

Summary

House Bill 402 introduces a series of regulations aimed at governing adult-oriented businesses to protect the health, safety, and general welfare of citizens, particularly minors. The legislation establishes specific requirements concerning the location of these businesses, setting a minimum distance of 933 feet from child care facilities, educational institutions, parks, and places of worship. This approach seeks to minimize the potential adverse secondary effects from adult-oriented establishments while allowing local governments some regulatory authority as long as their ordinances are at least as restrictive as those outlined in the bill.

Sentiment

Overall sentiment around the bill has been mixed, reflecting a divide between proponents and opponents. Supporters argue that these regulations are essential for safeguarding community health and decreasing crime rates associated with adult-oriented establishments. Conversely, critics express concerns that the bill may overreach, arguing that it unduly restricts businesses and encroaches on individual freedoms, particularly in the realm of adult entertainment and expression.

Contention

Notable points of contention include the potential for local governments to adopt ordinances that are more stringent than state regulations, raising questions about the balance of power between state and local authorities. Opponents warn that such measures could disproportionately affect specific communities, particularly in urban areas where adult-oriented businesses could be forced to close. The legislation underscores a larger societal debate over morality, safety, and economic freedom within the context of local governance.

Companion Bills

No companion bills found.

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