| 12 | | - | Section A. Section 573.010, RSMo, is repealed and three |
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| 13 | | - | new sections enacted in lieu thereof, to be known as sections |
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| 14 | | - | 537.048, 573.010, and 573.520, to read as follows: |
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| 15 | | - | 537.048. 1. As used in this section, the following |
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| 16 | | - | terms mean: |
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| 17 | | - | (1) "Actions or materials that appeal to a prurient |
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| 18 | | - | interest in sex", actions or materials that are |
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| 19 | | - | characterized by, fixate on, depict, or exhibit sex, |
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| 20 | | - | sexually explicit content, sexual desire, a state of nudity |
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| 21 | | - | or state of seminudity, or obscene or porn ographic material; |
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| 22 | | - | (2) "Adult cabaret establishment", a nightclub, bar, |
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| 23 | | - | restaurant, or similar establishment in which persons |
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| 24 | | - | regularly appear in a state of nudity or a state of |
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| 25 | | - | seminudity in the performance of their duties; |
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| 26 | | - | (3) "Adult cabaret performance", a performance in a |
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| 27 | | - | location, other than an adult cabaret establishment, by an |
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| 28 | | - | adult cabaret performer and which contains actions or |
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| 29 | | - | materials that appeal to a prurient interest in sex; |
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| 30 | | - | (4) "Adult cabaret performer", an entertainer who |
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| 31 | | - | provided an adult cabaret performance, including, but not |
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| 32 | | - | limited to, a topless dancer, go -go dancer, exotic dancer, |
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| 33 | | - | stripper, or male or female impersonator; |
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| 34 | | - | (5) "State of nudity", the showing of the human |
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| 35 | | - | genitals, pubic area, vulva, anus, anal cleft, or female |
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| 36 | | - | 2 |
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| 37 | | - | breast less than a fully opaque covering of any part of the |
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| 38 | | - | nipple or areola; |
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| 39 | | - | (6) "State of seminudity", a state of dress in which |
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| 40 | | - | opaque clothing fails to cover the human genitals, public |
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| 41 | | - | area, vulva, anus, anal cleft, nip ple and areola of the |
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| 42 | | - | female breast below a horizontal line across the top of the |
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| 43 | | - | areola at its highest point and extending across the width |
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| 44 | | - | of the breast at such point, or the showing of the |
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| 45 | | - | buttocks. The term "state of seminudity" shall include the |
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| 46 | | - | entire lower portion of the female breast, but shall not |
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| 47 | | - | include any portion of the cleavage of the human female |
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| 48 | | - | breast exhibited by wearing apparel provided the areola is |
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| 49 | | - | not exposed in whole or part. |
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| 50 | | - | 2. Any person who is a resident of the city, town, or |
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| 51 | | - | village where an adult cabaret performance is conducted |
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| 52 | | - | shall have a cause of action for damages or relief, as |
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| 53 | | - | specified in subsection 3 of this section, against an adult |
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| 54 | | - | cabaret performer whose adult cabaret performance, proven by |
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| 55 | | - | a preponderance of the evidence, contains actions or |
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| 56 | | - | material that appeal to a prurient interest in sex and that |
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| 57 | | - | occur: |
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| 58 | | - | (1) On public property; or |
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| 59 | | - | (2) In a location where the adult cabaret performance |
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| 60 | | - | could be viewed by a person who is under the age of eighteen. |
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| 61 | | - | 3. A court may award any damages or injunctive relief |
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| 62 | | - | as it deems necessary, including any actual damages, |
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| 63 | | - | punitive damages, and reasonable attorney's fees, to a |
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| 64 | | - | prevailing plaintiff, except no damages, apart from nominal |
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| 65 | | - | damages, shall be awarded in more than one action arising |
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| 66 | | - | out of a single occurrence. |
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| 67 | | - | 4. Any action pursuant to subsection 2 of this section |
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| 68 | | - | shall be brought in the circuit court of the county where |
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| 69 | | - | the adult cabaret performance occurred. Any person entitled |
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| 70 | | - | 3 |
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| 71 | | - | to bring an action pursuant to subsection 2 of this section |
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| 72 | | - | may institute an action as a representative of a class |
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| 73 | | - | against one or more defendants. |
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| 74 | | - | 573.010. As used in this chapter the following terms |
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| 75 | | - | shall mean: |
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| 76 | | - | (1) "Adult cabaret", a nightclub, bar, juice bar, |
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| 77 | | - | restaurant, bottle club, or other commercial establishment, |
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| 78 | | - | regardless of whether alcoholic beverages are served, which |
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| 79 | | - | regularly features persons who appear semi -nude; |
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| 80 | | - | (2) "Adult cabaret performance", a performan ce in a |
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| 81 | | - | location other than an adult cabaret that features topless |
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| 82 | | - | dancers, go-go dancers, exotic dancers, strippers, male or |
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| 83 | | - | female impersonators who provide entertainment that appeals |
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| 84 | | - | to a prurient interest, or similar entertainers who provide |
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| 85 | | - | entertainment that appeals to a prurient interest in sex, |
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| 86 | | - | regardless of whether performed for consideration; |
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| 87 | | - | (3) "Characterized by", describing the essential |
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| 88 | | - | character or dominant theme of an item; |
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| 89 | | - | [(3)] (4) "Child", any person under the age of |
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| 90 | | - | fourteen; |
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| 91 | | - | [(4)] (5) "Child pornography": |
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| 92 | | - | (a) Any obscene material or performance depicting |
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| 93 | | - | sexual conduct, sexual contact as defined in section |
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| 94 | | - | 566.010, or a sexual performance and which has as one of its |
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| 95 | | - | participants or portrays as an observ er of such conduct, |
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| 96 | | - | contact, or performance a minor; or |
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| 97 | | - | (b) Any visual depiction, including any photograph, |
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| 98 | | - | film, video, picture, or computer or computer -generated |
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| 99 | | - | image or picture, whether made or produced by electronic, |
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| 100 | | - | mechanical, or other mea ns, of sexually explicit conduct |
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| 101 | | - | where: |
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| 102 | | - | a. The production of such visual depiction involves |
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| 103 | | - | the use of a minor engaging in sexually explicit conduct; |
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| 104 | | - | 4 |
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| 105 | | - | b. Such visual depiction is a digital image, computer |
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| 106 | | - | image, or computer-generated image that is, or is |
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| 107 | | - | indistinguishable from, that of a minor engaging in sexually |
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| 108 | | - | explicit conduct, in that the depiction is such that an |
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| 109 | | - | ordinary person viewing the depiction would conclude that |
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| 110 | | - | the depiction is of an actual minor engaged in sexually |
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| 111 | | - | explicit conduct; or |
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| 112 | | - | c. Such visual depiction has been created, adapted, or |
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| 113 | | - | modified to show that an identifiable minor is engaging in |
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| 114 | | - | sexually explicit conduct. "Identifiable minor" means a |
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| 115 | | - | person who was a minor at the time the visual depiction was |
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| 116 | | - | created, adapted, or modified; or whose image as a minor was |
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| 117 | | - | used in creating, adapting, or modifying the visual |
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| 118 | | - | depiction; and who is recognizable as an actual person by |
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| 119 | | - | the person's face, likeness, or other distinguishing |
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| 120 | | - | characteristic, such as a uni que birthmark or other |
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| 121 | | - | recognizable feature. The term identifiable minor shall not |
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| 122 | | - | be construed to require proof of the actual identity of the |
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| 123 | | - | identifiable minor; |
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| 124 | | - | [(5)] (6) "Employ", "employee", or "employment", any |
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| 125 | | - | person who performs any servi ce on the premises of a |
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| 126 | | - | sexually oriented business, on a full -time, part-time, or |
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| 127 | | - | contract basis, whether or not the person is denominated an |
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| 128 | | - | employee, independent contractor, agent, or otherwise. |
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| 129 | | - | Employee does not include a person exclusively on the |
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| 130 | | - | premises for repair or maintenance of the premises or for |
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| 131 | | - | the delivery of goods to the premises; |
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| 132 | | - | [(6)] (7) "Explicit sexual material", any pictorial or |
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| 133 | | - | three-dimensional material depicting human masturbation, |
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| 134 | | - | deviate sexual intercourse, sexual in tercourse, direct |
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| 135 | | - | physical stimulation or unclothed genitals, sadomasochistic |
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| 136 | | - | abuse, or emphasizing the depiction of postpubertal human |
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| 137 | | - | genitals; provided, however, that works of art or of |
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| 138 | | - | 5 |
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| 139 | | - | anthropological significance shall not be deemed to be |
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| 140 | | - | within the foregoing definition; |
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| 141 | | - | [(7)] (8) "Furnish", to issue, sell, give, provide, |
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| 142 | | - | lend, mail, deliver, transfer, circulate, disseminate, |
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| 143 | | - | present, exhibit or otherwise provide; |
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| 144 | | - | [(8)] (9) "Material", anything printed or written, or |
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| 145 | | - | any picture, drawing, photograph, motion picture film, |
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| 146 | | - | videotape or videotape production, or pictorial |
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| 147 | | - | representation, or any recording or transcription, or any |
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| 148 | | - | mechanical, chemical, or electrical reproduction, or stored |
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| 149 | | - | computer data, or anything which is or may be used as a |
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| 150 | | - | means of communication. Material includes undeveloped |
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| 151 | | - | photographs, molds, printing plates, stored computer data |
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| 152 | | - | and other latent representational objects; |
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| 153 | | - | [(9)] (10) "Minor", any person less than eighteen |
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| 154 | | - | years of age; |
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| 155 | | - | [(10)] (11) "Nudity" or "state of nudity", the showing |
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| 156 | | - | of the human genitals, pubic area, vulva, anus, anal cleft, |
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| 157 | | - | or the female breast with less than a fully opaque covering |
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| 158 | | - | of any part of the nipple or areola; |
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| 159 | | - | [(11)] (12) "Obscene", any material or perfor mance if, |
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| 160 | | - | taken as a whole: |
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| 161 | | - | (a) Applying contemporary community standards, its |
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| 162 | | - | predominant appeal is to prurient interest in sex; and |
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| 163 | | - | (b) The average person, applying contemporary |
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| 164 | | - | community standards, would find the material depicts or |
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| 165 | | - | describes sexual conduct in a patently offensive way; and |
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| 166 | | - | (c) A reasonable person would find the material lacks |
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| 167 | | - | serious literary, artistic, political or scientific value; |
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| 168 | | - | [(12)] (13) "Operator", any person on the premises of |
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| 169 | | - | a sexually oriented b usiness who causes the business to |
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| 170 | | - | function, puts or keeps the business in operation, or is |
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| 171 | | - | authorized to manage the business or exercise overall |
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| 172 | | - | 6 |
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| 173 | | - | operational control of the business premises. A person may |
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| 174 | | - | be found to be operating or causing to be oper ated a |
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| 175 | | - | sexually oriented business whether or not such person is an |
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| 176 | | - | owner, part owner, or licensee of the business; |
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| 177 | | - | [(13)] (14) "Performance", any play, motion picture |
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| 178 | | - | film, videotape, dance or exhibition performed before an |
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| 179 | | - | audience of one or mor e; |
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| 180 | | - | [(14)] (15) "Pornographic for minors", any material or |
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| 181 | | - | performance if the following apply: |
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| 182 | | - | (a) The average person, applying contemporary |
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| 183 | | - | community standards, would find that the material or |
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| 184 | | - | performance, taken as a whole, has a tendency to cater or |
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| 185 | | - | appeal to a prurient interest of minors; and |
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| 186 | | - | (b) The material or performance depicts or describes |
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| 187 | | - | nudity, sexual conduct, the condition of human genitals when |
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| 188 | | - | in a state of sexual stimulation or arousal, or |
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| 189 | | - | sadomasochistic abuse in a wa y which is patently offensive |
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| 190 | | - | to the average person applying contemporary adult community |
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| 191 | | - | standards with respect to what is suitable for minors; and |
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| 192 | | - | (c) The material or performance, taken as a whole, |
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| 193 | | - | lacks serious literary, artistic, political, or scientific |
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| 194 | | - | value for minors; |
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| 195 | | - | [(15)] (16) "Premises", the real property upon which a |
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| 196 | | - | sexually oriented business is located, and all appurtenances |
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| 197 | | - | thereto and buildings thereon, including but not limited to |
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| 198 | | - | the sexually oriented business, the grou nds, private |
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| 199 | | - | walkways, and parking lots or parking garages or both; |
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| 200 | | - | [(16)] (17) "Promote", to manufacture, issue, sell, |
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| 201 | | - | provide, mail, deliver, transfer, transmute, publish, |
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| 202 | | - | distribute, circulate, disseminate, present, exhibit, or |
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| 203 | | - | advertise, or to offer or agree to do the same, by any means |
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| 204 | | - | including a computer; |
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| 205 | | - | 7 |
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| 206 | | - | [(17)] (18) "Regularly", the consistent and repeated |
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| 207 | | - | doing of the act so described; |
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| 208 | | - | [(18)] (19) "Sadomasochistic abuse", flagellation or |
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| 209 | | - | torture by or upon a person as an ac t of sexual stimulation |
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| 210 | | - | or gratification; |
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| 211 | | - | [(19)] (20) "Semi-nude" or "state of semi -nudity", the |
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| 212 | | - | showing of the female breast below a horizontal line across |
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| 213 | | - | the top of the areola and extending across the width of the |
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| 214 | | - | breast at such point, or the showing of the male or female |
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| 215 | | - | buttocks. Such definition includes the lower portion of the |
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| 216 | | - | human female breast, but shall not include any portion of |
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| 217 | | - | the cleavage of the female breasts exhibited by a bikini, |
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| 218 | | - | dress, blouse, shirt, leotard, or similar wear ing apparel |
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| 219 | | - | provided the areola is not exposed in whole or in part; |
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| 220 | | - | [(20)] (21) "Sexual conduct", actual or simulated, |
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| 221 | | - | normal or perverted acts of human masturbation; deviate |
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| 222 | | - | sexual intercourse; sexual intercourse; or physical contact |
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| 223 | | - | with a person's clothed or unclothed genitals, pubic area, |
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| 224 | | - | buttocks, or the breast of a female in an act of apparent |
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| 225 | | - | sexual stimulation or gratification or any sadomasochistic |
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| 226 | | - | abuse or acts including animals or any latent objects in an |
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| 227 | | - | act of apparent sexual stim ulation or gratification; |
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| 228 | | - | [(21)] (22) "Sexually explicit conduct", actual or |
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| 229 | | - | simulated: |
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| 230 | | - | (a) Sexual intercourse, including genital -genital, |
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| 231 | | - | oral-genital, anal-genital, or oral-anal, whether between |
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| 232 | | - | persons of the same or opposite sex; |
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| 233 | | - | (b) Bestiality; |
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| 234 | | - | (c) Masturbation; |
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| 235 | | - | (d) Sadistic or masochistic abuse; or |
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| 236 | | - | (e) Lascivious exhibition of the genitals or pubic |
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| 237 | | - | area of any person; |
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| 238 | | - | [(22)] (23) "Sexually oriented business" includes: |
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| 239 | | - | 8 |
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| 240 | | - | (a) An adult bookstore or adult video store. "Adult |
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| 241 | | - | bookstore" or "adult video store" means a commercial |
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| 242 | | - | establishment which, as one of its principal business |
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| 243 | | - | activities, offers for sale or rental for any form of |
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| 244 | | - | consideration any one or more of the following: books, |
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| 245 | | - | magazines, periodicals, or other printed matter, or |
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| 246 | | - | photographs, films, motion pictures, video cassettes, |
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| 247 | | - | compact discs, digital video discs, slides, or other visual |
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| 248 | | - | representations which are characterized by their emphasis |
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| 249 | | - | upon the display of specified sexual acti vities or specified |
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| 250 | | - | anatomical areas. A principal business activity exists |
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| 251 | | - | where the commercial establishment: |
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| 252 | | - | a. Has a substantial portion of its displayed |
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| 253 | | - | merchandise which consists of such items; or |
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| 254 | | - | b. Has a substantial portion of the wh olesale value of |
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| 255 | | - | its displayed merchandise which consists of such items; or |
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| 256 | | - | c. Has a substantial portion of the retail value of |
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| 257 | | - | its displayed merchandise which consists of such items; or |
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| 258 | | - | d. Derives a substantial portion of its revenues from |
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| 259 | | - | the sale or rental, for any form of consideration, of such |
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| 260 | | - | items; or |
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| 261 | | - | e. Maintains a substantial section of its interior |
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| 262 | | - | business space for the sale or rental of such items; or |
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| 263 | | - | f. Maintains an adult arcade. "Adult arcade" means |
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| 264 | | - | any place to which the public is permitted or invited |
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| 265 | | - | wherein coin-operated or slug-operated or electronically, |
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| 266 | | - | electrically, or mechanically controlled still or motion |
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| 267 | | - | picture machines, projectors, or other image -producing |
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| 268 | | - | devices are regularly maintained to show images to five or |
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| 269 | | - | fewer persons per machine at any one time, and where the |
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| 270 | | - | images so displayed are characterized by their emphasis upon |
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| 271 | | - | matter exhibiting specified sexual activities or specified |
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| 272 | | - | anatomical areas; |
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| 273 | | - | 9 |
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| 274 | | - | (b) An adult cabaret; |
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| 275 | | - | (c) An adult motion picture theater. "Adult motion |
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| 276 | | - | picture theater" means a commercial establishment where |
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| 277 | | - | films, motion pictures, video cassettes, slides, or similar |
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| 278 | | - | photographic reproductions, which are characterized by their |
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| 279 | | - | emphasis upon the display of specified sexual activities or |
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| 280 | | - | specified anatomical areas are regularly shown to more than |
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| 281 | | - | five persons for any form of consideration; |
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| 282 | | - | (d) A semi-nude model studio. "Semi-nude model |
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| 283 | | - | studio" means a place where persons regularly appear in a |
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| 284 | | - | state of semi-nudity for money or any form of consideration |
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| 285 | | - | in order to be observed, sketched, drawn, painted, |
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| 286 | | - | sculptured, photographed, or similarly depicted by other |
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| 287 | | - | persons. Such definition shall not apply to any place where |
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| 288 | | - | persons appearing in a stat e of semi-nudity do so in a |
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| 289 | | - | modeling class operated: |
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| 290 | | - | a. By a college, junior college, or university |
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| 291 | | - | supported entirely or partly by taxation; |
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| 292 | | - | b. By a private college or university which maintains |
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| 293 | | - | and operates educational programs in which cr edits are |
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| 294 | | - | transferable to a college, junior college, or university |
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| 295 | | - | supported entirely or partly by taxation; or |
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| 296 | | - | c. In a structure: |
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| 297 | | - | (i) Which has no sign visible from the exterior of the |
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| 298 | | - | structure and no other advertising that indicates a sem i- |
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| 299 | | - | nude person is available for viewing; and |
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| 300 | | - | (ii) Where, in order to participate in a class, a |
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| 301 | | - | student must enroll at least three days in advance of the |
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| 302 | | - | class; |
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| 303 | | - | (e) A sexual encounter center. "Sexual encounter |
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| 304 | | - | center" means a business or com mercial enterprise that, as |
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| 305 | | - | one of its principal purposes, purports to offer for any |
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| 306 | | - | form of consideration physical contact in the form of |
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| 307 | | - | 10 |
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| 308 | | - | wrestling or tumbling between two or more persons when one |
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| 309 | | - | or more of the persons is semi -nude; |
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| 310 | | - | [(23)] (24) "Sexual performance", any performance, or |
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| 311 | | - | part thereof, which includes sexual conduct by a child who |
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| 312 | | - | is less than eighteen years of age; |
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| 313 | | - | [(24)] (25) "Specified anatomical areas" include: |
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| 314 | | - | (a) Less than completely and opaquely covered: human |
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| 315 | | - | genitals, pubic region, buttock, and female breast below a |
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| 316 | | - | point immediately above the top of the areola; and |
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| 317 | | - | (b) Human male genitals in a discernibly turgid state, |
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| 318 | | - | even if completely and opaquely covered; |
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| 319 | | - | [(25)] (26) "Specified sexual activi ty", includes any |
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| 320 | | - | of the following: |
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| 321 | | - | (a) Intercourse, oral copulation, masturbation, or |
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| 322 | | - | sodomy; or |
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| 323 | | - | (b) Excretory functions as a part of or in connection |
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| 324 | | - | with any of the activities described in paragraph (a) of |
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| 325 | | - | this subdivision; |
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| 326 | | - | [(26)] (27) "Substantial", at least thirty percent of |
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| 327 | | - | the item or items so modified; |
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| 328 | | - | [(27)] (28) "Visual depiction", includes undeveloped |
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| 329 | | - | film and videotape, and data stored on computer disk or by |
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| 330 | | - | electronic means which is capable of conversion into a |
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| 331 | | - | visual image. |
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| 332 | | - | 573.520. 1. A person commits the offense of engaging |
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| 333 | | - | in an adult cabaret performance if such performance is: |
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| 334 | | - | (1) On public property; or |
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| 335 | | - | (2) In a location where the adult cabaret performance |
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| 336 | | - | could be viewed by a person who is not an adult. |
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| 337 | | - | 2. The offense of engaging in an adult cabaret |
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| 338 | | - | performance is a class A misdemeanor for a first offense and |
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| 339 | | - | a class E felony for any second or subsequent offense. |
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| 340 | | - | 3. The provisions of this section shall: |
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| 341 | | - | 11 |
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| 342 | | - | (1) Preempt an ordinance or a regulation, restriction, |
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| 343 | | - | or license that was lawfully adopted or issued by a |
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| 344 | | - | political subdivision prior to August 28, 2025, if such |
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| 345 | | - | ordinance, regulation, restriction, or license conflicts |
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| 346 | | - | with this section; and |
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| 347 | | - | (2) Prevent or preempt a political subdivision from |
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| 348 | | - | enacting and enforcing in the future other ordinances, |
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| 349 | | - | regulations, restrictions, or licenses that are in conflict |
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| 350 | | - | with this section. |
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| 14 | + | Section A. Section 573.010, RSMo, is repealed and two new 1 |
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| 15 | + | sections enacted in lieu thereof, to be known as sections 2 |
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| 16 | + | 573.010 and 573.520, to read as follows:3 |
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| 17 | + | 573.010. As used in this chapter the following terms 1 |
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| 18 | + | shall mean: 2 |
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| 19 | + | (1) "Adult cabaret", a nightclub, bar, juice bar, 3 |
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| 20 | + | restaurant, bottle club, or other commercial establishment, 4 |
|---|
| 21 | + | regardless of whether alcoho lic beverages are served, which 5 |
|---|
| 22 | + | regularly features persons who appear semi -nude; 6 |
|---|
| 23 | + | (2) "Adult cabaret performance", a performance in a 7 |
|---|
| 24 | + | location other than an adult cabaret that features topless 8 |
|---|
| 25 | + | dancers, go-go dancers, exotic dancers, strippers, male or 9 |
|---|
| 26 | + | female impersonators who provide entertainment that appeals 10 |
|---|
| 27 | + | to a prurient interest, or similar entertainers, regardless 11 |
|---|
| 28 | + | of whether performed for consideration; 12 |
|---|
| 29 | + | (3) "Characterized by", describing the essential 13 |
|---|
| 30 | + | character or dominant theme of an item; 14 |
|---|
| 31 | + | [(3)] (4) "Child", any person under the age of 15 |
|---|
| 32 | + | fourteen; 16 |
|---|
| 33 | + | [(4)] (5) "Child pornography": 17 SB 295 2 |
|---|
| 34 | + | (a) Any obscene material or performance depicting 18 |
|---|
| 35 | + | sexual conduct, sexual contact as defined in section 19 |
|---|
| 36 | + | 566.010, or a sexual performance and which has as one of its 20 |
|---|
| 37 | + | participants or portrays as an observer of such conduct, 21 |
|---|
| 38 | + | contact, or performance a minor; or 22 |
|---|
| 39 | + | (b) Any visual depiction, including any photograph, 23 |
|---|
| 40 | + | film, video, picture, or computer or computer -generated 24 |
|---|
| 41 | + | image or picture, whe ther made or produced by electronic, 25 |
|---|
| 42 | + | mechanical, or other means, of sexually explicit conduct 26 |
|---|
| 43 | + | where: 27 |
|---|
| 44 | + | a. The production of such visual depiction involves 28 |
|---|
| 45 | + | the use of a minor engaging in sexually explicit conduct; 29 |
|---|
| 46 | + | b. Such visual depiction is a digital image, computer 30 |
|---|
| 47 | + | image, or computer-generated image that is, or is 31 |
|---|
| 48 | + | indistinguishable from, that of a minor engaging in sexually 32 |
|---|
| 49 | + | explicit conduct, in that the depiction is such that an 33 |
|---|
| 50 | + | ordinary person viewing the depiction would conclude that 34 |
|---|
| 51 | + | the depiction is of an actual minor engaged in sexually 35 |
|---|
| 52 | + | explicit conduct; or 36 |
|---|
| 53 | + | c. Such visual depiction has been created, adapted, or 37 |
|---|
| 54 | + | modified to show that an identifiable minor is engaging in 38 |
|---|
| 55 | + | sexually explicit conduct. "Identifiable minor" means a 39 |
|---|
| 56 | + | person who was a minor at the time the visual depiction was 40 |
|---|
| 57 | + | created, adapted, or modified; or whose image as a minor was 41 |
|---|
| 58 | + | used in creating, adapting, or modifying the visual 42 |
|---|
| 59 | + | depiction; and who is recognizable as an actual person by 43 |
|---|
| 60 | + | the person's face, li keness, or other distinguishing 44 |
|---|
| 61 | + | characteristic, such as a unique birthmark or other 45 |
|---|
| 62 | + | recognizable feature. The term identifiable minor shall not 46 |
|---|
| 63 | + | be construed to require proof of the actual identity of the 47 |
|---|
| 64 | + | identifiable minor; 48 SB 295 3 |
|---|
| 65 | + | [(5)] (6) "Employ", "employee", or "employment", any 49 |
|---|
| 66 | + | person who performs any service on the premises of a 50 |
|---|
| 67 | + | sexually oriented business, on a full -time, part-time, or 51 |
|---|
| 68 | + | contract basis, whether or not the person is denominated an 52 |
|---|
| 69 | + | employee, independent contractor, agent, or other wise. 53 |
|---|
| 70 | + | Employee does not include a person exclusively on the 54 |
|---|
| 71 | + | premises for repair or maintenance of the premises or for 55 |
|---|
| 72 | + | the delivery of goods to the premises; 56 |
|---|
| 73 | + | [(6)] (7) "Explicit sexual material", any pictorial or 57 |
|---|
| 74 | + | three-dimensional material depict ing human masturbation, 58 |
|---|
| 75 | + | deviate sexual intercourse, sexual intercourse, direct 59 |
|---|
| 76 | + | physical stimulation or unclothed genitals, sadomasochistic 60 |
|---|
| 77 | + | abuse, or emphasizing the depiction of postpubertal human 61 |
|---|
| 78 | + | genitals; provided, however, that works of art or of 62 |
|---|
| 79 | + | anthropological significance shall not be deemed to be 63 |
|---|
| 80 | + | within the foregoing definition; 64 |
|---|
| 81 | + | [(7)] (8) "Furnish", to issue, sell, give, provide, 65 |
|---|
| 82 | + | lend, mail, deliver, transfer, circulate, disseminate, 66 |
|---|
| 83 | + | present, exhibit or otherwise provide; 67 |
|---|
| 84 | + | [(8)] (9) "Material", anything printed or written, or 68 |
|---|
| 85 | + | any picture, drawing, photograph, motion picture film, 69 |
|---|
| 86 | + | videotape or videotape production, or pictorial 70 |
|---|
| 87 | + | representation, or any recording or transcription, or any 71 |
|---|
| 88 | + | mechanical, chemical, or electrical reproduct ion, or stored 72 |
|---|
| 89 | + | computer data, or anything which is or may be used as a 73 |
|---|
| 90 | + | means of communication. Material includes undeveloped 74 |
|---|
| 91 | + | photographs, molds, printing plates, stored computer data 75 |
|---|
| 92 | + | and other latent representational objects; 76 |
|---|
| 93 | + | [(9)] (10) "Minor", any person less than eighteen 77 |
|---|
| 94 | + | years of age; 78 |
|---|
| 95 | + | [(10)] (11) "Nudity" or "state of nudity", the showing 79 |
|---|
| 96 | + | of the human genitals, pubic area, vulva, anus, anal cleft, 80 SB 295 4 |
|---|
| 97 | + | or the female breast with less than a fully opaque covering 81 |
|---|
| 98 | + | of any part of the nipple or areola; 82 |
|---|
| 99 | + | [(11)] (12) "Obscene", any material or performance if, 83 |
|---|
| 100 | + | taken as a whole: 84 |
|---|
| 101 | + | (a) Applying contemporary community standards, its 85 |
|---|
| 102 | + | predominant appeal is to prurient interest in sex; and 86 |
|---|
| 103 | + | (b) The average person, applying contemporary 87 |
|---|
| 104 | + | community standards, would find the material depicts or 88 |
|---|
| 105 | + | describes sexual conduct in a patently offensive way; and 89 |
|---|
| 106 | + | (c) A reasonable person would find the material lacks 90 |
|---|
| 107 | + | serious literary, artistic, political or scientific value; 91 |
|---|
| 108 | + | [(12)] (13) "Operator", any person on the premises of 92 |
|---|
| 109 | + | a sexually oriented business who causes the business to 93 |
|---|
| 110 | + | function, puts or keeps the business in operation, or is 94 |
|---|
| 111 | + | authorized to manage the business or exercise overall 95 |
|---|
| 112 | + | operational control of the business premises. A person may 96 |
|---|
| 113 | + | be found to be operating or causing to be operated a 97 |
|---|
| 114 | + | sexually oriented business whether or not such person is an 98 |
|---|
| 115 | + | owner, part owner, or licensee of the business; 99 |
|---|
| 116 | + | [(13)] (14) "Performance", any play, motion picture 100 |
|---|
| 117 | + | film, videotape, dance or exhibition performed before an 101 |
|---|
| 118 | + | audience of one or more; 102 |
|---|
| 119 | + | [(14)] (15) "Pornographic for minors", any material or 103 |
|---|
| 120 | + | performance if the following apply: 104 |
|---|
| 121 | + | (a) The average person, applying contemporary 105 |
|---|
| 122 | + | community standards, would find that the material or 106 |
|---|
| 123 | + | performance, taken as a whole, has a tendency to cater or 107 |
|---|
| 124 | + | appeal to a prurient interest of minors; and 108 |
|---|
| 125 | + | (b) The material or performance depicts or describes 109 |
|---|
| 126 | + | nudity, sexual conduct, the condition of human genitals when 110 |
|---|
| 127 | + | in a state of sexual stimulation or arousal, or 111 |
|---|
| 128 | + | sadomasochistic abuse in a way which is patently offensive 112 SB 295 5 |
|---|
| 129 | + | to the average person applying contemporary adult community 113 |
|---|
| 130 | + | standards with respect to what is suitable for minors; and 114 |
|---|
| 131 | + | (c) The material or performance, take n as a whole, 115 |
|---|
| 132 | + | lacks serious literary, artistic, political, or scientific 116 |
|---|
| 133 | + | value for minors; 117 |
|---|
| 134 | + | [(15)] (16) "Premises", the real property upon which a 118 |
|---|
| 135 | + | sexually oriented business is located, and all appurtenances 119 |
|---|
| 136 | + | thereto and buildings thereon, includin g but not limited to 120 |
|---|
| 137 | + | the sexually oriented business, the grounds, private 121 |
|---|
| 138 | + | walkways, and parking lots or parking garages or both; 122 |
|---|
| 139 | + | [(16)] (17) "Promote", to manufacture, issue, sell, 123 |
|---|
| 140 | + | provide, mail, deliver, transfer, transmute, publish, 124 |
|---|
| 141 | + | distribute, circulate, disseminate, present, exhibit, or 125 |
|---|
| 142 | + | advertise, or to offer or agree to do the same, by any means 126 |
|---|
| 143 | + | including a computer; 127 |
|---|
| 144 | + | [(17)] (18) "Regularly", the consistent and repeated 128 |
|---|
| 145 | + | doing of the act so described; 129 |
|---|
| 146 | + | [(18)] (19) "Sadomasochistic abuse", flagellation or 130 |
|---|
| 147 | + | torture by or upon a person as an act of sexual stimulation 131 |
|---|
| 148 | + | or gratification; 132 |
|---|
| 149 | + | [(19)] (20) "Semi-nude" or "state of semi -nudity", the 133 |
|---|
| 150 | + | showing of the female breast below a horizontal line across 134 |
|---|
| 151 | + | the top of the areola and ex tending across the width of the 135 |
|---|
| 152 | + | breast at such point, or the showing of the male or female 136 |
|---|
| 153 | + | buttocks. Such definition includes the lower portion of the 137 |
|---|
| 154 | + | human female breast, but shall not include any portion of 138 |
|---|
| 155 | + | the cleavage of the female breasts exhibite d by a bikini, 139 |
|---|
| 156 | + | dress, blouse, shirt, leotard, or similar wearing apparel 140 |
|---|
| 157 | + | provided the areola is not exposed in whole or in part; 141 |
|---|
| 158 | + | [(20)] (21) "Sexual conduct", actual or simulated, 142 |
|---|
| 159 | + | normal or perverted acts of human masturbation; deviate 143 |
|---|
| 160 | + | sexual intercourse; sexual intercourse; or physical contact 144 SB 295 6 |
|---|
| 161 | + | with a person's clothed or unclothed genitals, pubic area, 145 |
|---|
| 162 | + | buttocks, or the breast of a female in an act of apparent 146 |
|---|
| 163 | + | sexual stimulation or gratification or any sadomasochistic 147 |
|---|
| 164 | + | abuse or acts including an imals or any latent objects in an 148 |
|---|
| 165 | + | act of apparent sexual stimulation or gratification; 149 |
|---|
| 166 | + | [(21)] (22) "Sexually explicit conduct", actual or 150 |
|---|
| 167 | + | simulated: 151 |
|---|
| 168 | + | (a) Sexual intercourse, including genital -genital, 152 |
|---|
| 169 | + | oral-genital, anal-genital, or oral-anal, whether between 153 |
|---|
| 170 | + | persons of the same or opposite sex; 154 |
|---|
| 171 | + | (b) Bestiality; 155 |
|---|
| 172 | + | (c) Masturbation; 156 |
|---|
| 173 | + | (d) Sadistic or masochistic abuse; or 157 |
|---|
| 174 | + | (e) Lascivious exhibition of the genitals or pubic 158 |
|---|
| 175 | + | area of any person; 159 |
|---|
| 176 | + | [(22)] (23) "Sexually oriented business" includes: 160 |
|---|
| 177 | + | (a) An adult bookstore or adult video store. "Adult 161 |
|---|
| 178 | + | bookstore" or "adult video store" means a commercial 162 |
|---|
| 179 | + | establishment which, as one of its principal business 163 |
|---|
| 180 | + | activities, offers for sale or rental for any form of 164 |
|---|
| 181 | + | consideration any one or more of the following: books, 165 |
|---|
| 182 | + | magazines, periodicals, or other printed matter, or 166 |
|---|
| 183 | + | photographs, films, motion pictures, video cassettes, 167 |
|---|
| 184 | + | compact discs, digital video discs, slides, or other visual 168 |
|---|
| 185 | + | representations which are characterize d by their emphasis 169 |
|---|
| 186 | + | upon the display of specified sexual activities or specified 170 |
|---|
| 187 | + | anatomical areas. A principal business activity exists 171 |
|---|
| 188 | + | where the commercial establishment: 172 |
|---|
| 189 | + | a. Has a substantial portion of its displayed 173 |
|---|
| 190 | + | merchandise which consists of such items; or 174 |
|---|
| 191 | + | b. Has a substantial portion of the wholesale value of 175 |
|---|
| 192 | + | its displayed merchandise which consists of such items; or 176 SB 295 7 |
|---|
| 193 | + | c. Has a substantial portion of the retail value of 177 |
|---|
| 194 | + | its displayed merchandise which consists of such items; or 178 |
|---|
| 195 | + | d. Derives a substantial portion of its revenues from 179 |
|---|
| 196 | + | the sale or rental, for any form of consideration, of such 180 |
|---|
| 197 | + | items; or 181 |
|---|
| 198 | + | e. Maintains a substantial section of its interior 182 |
|---|
| 199 | + | business space for the sale or rental of such items; or 183 |
|---|
| 200 | + | f. Maintains an adult arcade. "Adult arcade" means 184 |
|---|
| 201 | + | any place to which the public is permitted or invited 185 |
|---|
| 202 | + | wherein coin-operated or slug-operated or electronically, 186 |
|---|
| 203 | + | electrically, or mechanically controlled still or motion 187 |
|---|
| 204 | + | picture machines, projectors, or ot her image-producing 188 |
|---|
| 205 | + | devices are regularly maintained to show images to five or 189 |
|---|
| 206 | + | fewer persons per machine at any one time, and where the 190 |
|---|
| 207 | + | images so displayed are characterized by their emphasis upon 191 |
|---|
| 208 | + | matter exhibiting specified sexual activities or specif ied 192 |
|---|
| 209 | + | anatomical areas; 193 |
|---|
| 210 | + | (b) An adult cabaret; 194 |
|---|
| 211 | + | (c) An adult motion picture theater. "Adult motion 195 |
|---|
| 212 | + | picture theater" means a commercial establishment where 196 |
|---|
| 213 | + | films, motion pictures, video cassettes, slides, or similar 197 |
|---|
| 214 | + | photographic reproductions, which are characterized by their 198 |
|---|
| 215 | + | emphasis upon the display of specified sexual activities or 199 |
|---|
| 216 | + | specified anatomical areas are regularly shown to more than 200 |
|---|
| 217 | + | five persons for any form of consideration; 201 |
|---|
| 218 | + | (d) A semi-nude model studio. "Semi-nude model 202 |
|---|
| 219 | + | studio" means a place where persons regularly appear in a 203 |
|---|
| 220 | + | state of semi-nudity for money or any form of consideration 204 |
|---|
| 221 | + | in order to be observed, sketched, drawn, painted, 205 |
|---|
| 222 | + | sculptured, photographed, or similarly depicted by other 206 |
|---|
| 223 | + | persons. Such definition shall not apply to any place where 207 SB 295 8 |
|---|
| 224 | + | persons appearing in a state of semi -nudity do so in a 208 |
|---|
| 225 | + | modeling class operated: 209 |
|---|
| 226 | + | a. By a college, junior college, or university 210 |
|---|
| 227 | + | supported entirely or partly by taxation; 211 |
|---|
| 228 | + | b. By a private college or university which maintains 212 |
|---|
| 229 | + | and operates educational programs in which credits are 213 |
|---|
| 230 | + | transferable to a college, junior college, or university 214 |
|---|
| 231 | + | supported entirely or partly by taxation; or 215 |
|---|
| 232 | + | c. In a structure: 216 |
|---|
| 233 | + | (i) Which has no sign visible from the exterior o f the 217 |
|---|
| 234 | + | structure and no other advertising that indicates a semi - 218 |
|---|
| 235 | + | nude person is available for viewing; and 219 |
|---|
| 236 | + | (ii) Where, in order to participate in a class, a 220 |
|---|
| 237 | + | student must enroll at least three days in advance of the 221 |
|---|
| 238 | + | class; 222 |
|---|
| 239 | + | (e) A sexual encounter center. "Sexual encounter 223 |
|---|
| 240 | + | center" means a business or commercial enterprise that, as 224 |
|---|
| 241 | + | one of its principal purposes, purports to offer for any 225 |
|---|
| 242 | + | form of consideration physical contact in the form of 226 |
|---|
| 243 | + | wrestling or tumbling between two or more persons wh en one 227 |
|---|
| 244 | + | or more of the persons is semi -nude; 228 |
|---|
| 245 | + | [(23)] (24) "Sexual performance", any performance, or 229 |
|---|
| 246 | + | part thereof, which includes sexual conduct by a child who 230 |
|---|
| 247 | + | is less than eighteen years of age; 231 |
|---|
| 248 | + | [(24)] (25) "Specified anatomical areas" include : 232 |
|---|
| 249 | + | (a) Less than completely and opaquely covered: human 233 |
|---|
| 250 | + | genitals, pubic region, buttock, and female breast below a 234 |
|---|
| 251 | + | point immediately above the top of the areola; and 235 |
|---|
| 252 | + | (b) Human male genitals in a discernibly turgid state, 236 |
|---|
| 253 | + | even if completely an d opaquely covered; 237 |
|---|
| 254 | + | [(25)] (26) "Specified sexual activity", includes any 238 |
|---|
| 255 | + | of the following: 239 SB 295 9 |
|---|
| 256 | + | (a) Intercourse, oral copulation, masturbation, or 240 |
|---|
| 257 | + | sodomy; or 241 |
|---|
| 258 | + | (b) Excretory functions as a part of or in connection 242 |
|---|
| 259 | + | with any of the activities described in paragraph (a) of 243 |
|---|
| 260 | + | this subdivision; 244 |
|---|
| 261 | + | [(26)] (27) "Substantial", at least thirty percent of 245 |
|---|
| 262 | + | the item or items so modified; 246 |
|---|
| 263 | + | [(27)] (28) "Visual depiction", includes undeveloped 247 |
|---|
| 264 | + | film and videotape, and data stored on computer disk or by 248 |
|---|
| 265 | + | electronic means which is capable of conversion into a 249 |
|---|
| 266 | + | visual image. 250 |
|---|
| 267 | + | 573.520. 1. A person commits the offense of engaging 1 |
|---|
| 268 | + | in an adult cabaret performance if such performance is: 2 |
|---|
| 269 | + | (1) On public property; or 3 |
|---|
| 270 | + | (2) In a location where the adult cabaret performance 4 |
|---|
| 271 | + | could be viewed by a person who is not an adult. 5 |
|---|
| 272 | + | 2. The offense of engaging in an adult cabaret 6 |
|---|
| 273 | + | performance is a class A misdemeanor for a first offense and 7 |
|---|
| 274 | + | a class E felony for any second or subsequent o ffense. 8 |
|---|
| 275 | + | 3. The provisions of this section shall: 9 |
|---|
| 276 | + | (1) Preempt an ordinance or a regulation, restriction, 10 |
|---|
| 277 | + | or license that was lawfully adopted or issued by a 11 |
|---|
| 278 | + | political subdivision prior to August 28, 2025, if such 12 |
|---|
| 279 | + | ordinance, regulation, restri ction, or license conflicts 13 |
|---|
| 280 | + | with this section; and 14 |
|---|
| 281 | + | (2) Prevent or preempt a political subdivision from 15 |
|---|
| 282 | + | enacting and enforcing in the future other ordinances, 16 |
|---|
| 283 | + | regulations, restrictions, or licenses that are in conflict 17 |
|---|
| 284 | + | with this section. 18 |
|---|
| 285 | + | |
|---|