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--- version:5210S.02I - Introduced
+++ version:Senate Committee Substitute - Committee Version
@@ -1,351 +1,542 @@
-EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
-and is intended to be omitted in the law.
-SECOND REGULAR SESSION
-SENATE BILL NO. 1164
-103RD GENERAL ASSEMBLY
-INTRODUCED BY SENATOR BRATTIN.
-5210S.02I KRISTINA MARTIN, Secretary
+5210S.04C
+ 1
+SENATE COMMITTEE SUBSTITUTE
+FOR
+SENATE BILLS NOS. 1164 & 1476
 AN ACT
-To repeal section 573.010, RSMo, and to enact in lieu thereof three new sections relating to judicial
-proceedings, with penalty provisions.
+To repeal sections 67.2540, 226.531, and 573.010,
+RSMo, and to enact in lieu thereof five new sections
+relating to adult cabaret performances, with penalty
+provisions.
+
 Be it enacted by the General Assembly of the State of Missouri, as follows:
-     Section A.  Section 573.010, RSMo, is repealed and three 1
-new sections enacted in lieu thereof, to be known as sections 2
-537.048, 573.010, and 573.520, to read as follows:3
-     537.048.  1.  As used in this section, the following  1
-terms mean: 2
-     (1)  "Actions or materials that appeal to a prurient  3
-interest in sex", actions or materials that are  4
-characterized by, fixate on, depict, or exhibit sex,  5
-sexually explicit content, sexual desire, a state of nudity  6
-or state of seminudity, or obscene or pornographic material; 7
-     (2)  "Adult cabaret establishment", a nightclub, bar,  8
-restaurant, or similar establishment in which persons  9
-regularly appear in a state of nudity or a state of  10
-seminudity in the performance of their duties; 11
-     (3)  "Adult cabaret performance", a performance in a  12
-location, other than an adult cabaret establishment, by an  13
-adult cabaret performer and which contains actions or  14
-materials that appeal to a prurient interest in sex; 15
-     (4)  "Adult cabaret performer", an entertainer who  16
-provided an adult cabaret performance, including, but not  17
- SB 1164 2
-limited to, a topless dancer, go-go dancer, exotic dancer,  18
-stripper, or male or female impersonator; 19
-     (5)  "State of nudity", the showing of the human  20
-genitals, pubic area, vulva, anus, anal cleft, or female  21
-breast less than a fully opaque covering of any part of the  22
-nipple or areola; 23
-     (6)  "State of seminudity", a state of dress in which  24
-opaque clothing fails to cover the human genitals, pubic  25
-area, vulva, anus, anal cleft, nipple and areola of the  26
-female breast below a horizontal line across the top of the  27
-areola at its highest point and extending across the width  28
-of the breast at such point, or the showing of the  29
-buttocks.  The term "state of seminudity" shall include the  30
-entire lower portion of the female breast, but shall not  31
-include any portion of the cleavage of the human female  32
-breast exhibited by wearing apparel provided the areola is  33
-not exposed in whole or part. 34
-     2.  Any person who is a resident of the city, town, or  35
-village where an adult cabaret performance is conducted  36
-shall have a cause of action for damages or relief, as  37
-specified in subsection 3 of this section, against an adult  38
-cabaret performer whose adult cabaret performance, proven by  39
-a preponderance of the evidence, contains actions or  40
-material that appeal to a prurient interest in sex and that  41
-occur: 42
-     (1)  On public property; or 43
-     (2)  In a location where the adult cabaret performance  44
-could be viewed by a person who is under the age of eighteen. 45
-     3.  A court may award any damages or injunctive relief  46
-as it deems necessary, including any actual damages,  47
-punitive damages, and reasonable attorney's fees, to a  48
-prevailing plaintiff, except no damages, apart from nominal  49
- SB 1164 3
-damages, shall be awarded in more than one action arising  50
-out of a single occurrence. 51
-     4.  Any action pursuant to subsection 2 of this section  52
-shall be brought in the circuit court of the county where  53
-the adult cabaret performance occurred.  Any person entitled  54
-to bring an action pursuant to subsection 2 of this section  55
-may institute an action as a representative of a class  56
-against one or more defendants. 57
-     573.010.  As used in this chapter the following terms  1
-shall mean: 2
-     (1)  "Adult cabaret", a nightclub, bar, juice bar,  3
-restaurant, bottle club, or other commercial establishment,  4
-regardless of whether alcoholic beverages are served, which  5
-regularly features persons who appear semi-nude; 6
-     (2)  "Adult cabaret performance", a performance in a  7
-location other than an adult cabaret that features topless  8
-dancers, go-go dancers, exotic dancers, strippers, male or  9
-female impersonators who provide entertainment that appeals  10
-to a prurient interest, or similar entertainers who provide  11
-entertainment that appeals to a prurient interest in sex,  12
-regardless of whether performed for consideration; 13
-     (3)  "Characterized by", describing the essential  14
-character or dominant theme of an item; 15
-     [(3)] (4)  "Child", any person under the age of  16
-fourteen; 17
-     [(4)] (5)  "Child pornography": 18
-     (a)  Any obscene material or performance depicting  19
-sexual conduct, sexual contact as defined in section  20
-566.010, or a sexual performance and which has as one of its  21
-participants or portrays as an observer of such conduct,  22
-contact, or performance a minor; or 23
- SB 1164 4
-     (b)  Any visual depiction, including any photograph,  24
-film, video, picture, or computer or computer-generated  25
-image or picture, whether made or produced by electronic,  26
-mechanical, or other means, of sexually explicit conduct  27
-where: 28
-     a.  The production of such visual depiction involves  29
-the use of a minor engaging in sexually explicit conduct; 30
-     b.  Such visual depiction is a digital image, computer  31
-image, or computer-generated image that is, or is  32
-indistinguishable from, that of a minor engaging in sexually  33
-explicit conduct, in that the depiction is such that an  34
-ordinary person viewing the depiction would conclude that  35
-the depiction is of an actual minor engaged in sexually  36
-explicit conduct; or 37
-     c.  Such visual depiction has been created, adapted, or  38
-modified to show that an identifiable minor is engaging in  39
-sexually explicit conduct.  "Identifiable minor" means a  40
-person who was a minor at the time the visual depiction was  41
-created, adapted, or modified; or whose image as a minor was  42
-used in creating, adapting, or modifying the visual  43
-depiction; and who is recognizable as an actual person by  44
-the person's face, likeness, or other distinguishing  45
-characteristic, such as a unique birthmark or other  46
-recognizable feature.  The term identifiable minor shall not  47
-be construed to require proof of the actual identity of the  48
-identifiable minor; 49
-     [(5)] (6)  "Employ", "employee", or "employment", any  50
-person who performs any service on the premises of a  51
-sexually oriented business, on a full-time, part-time, or  52
-contract basis, whether or not the person is denominated an  53
-employee, independent contractor, agent, or otherwise.   54
-Employee does not include a person exclusively on the  55
- SB 1164 5
-premises for repair or maintenance of the premises or for  56
-the delivery of goods to the premises; 57
-     [(6)] (7)  "Explicit sexual material", any pictorial or  58
-three-dimensional material depicting human masturbation,  59
-deviate sexual intercourse, sexual intercourse, direct  60
-physical stimulation or unclothed genitals, sadomasochistic  61
-abuse, or emphasizing the depiction of postpubertal human  62
-genitals; provided, however, that works of art or of  63
-anthropological significance shall not be deemed to be  64
-within the foregoing definition; 65
-     [(7)] (8)  "Furnish", to issue, sell, give, provide,  66
-lend, mail, deliver, transfer, circulate, disseminate,  67
-present, exhibit or otherwise provide; 68
-     [(8)] (9)  "Material", anything printed or written, or  69
-any picture, drawing, photograph, motion picture film,  70
-videotape or videotape production, or pictorial  71
-representation, or any recording or transcription, or any  72
-mechanical, chemical, or electrical reproduction, or stored  73
-computer data, or anything which is or may be used as a  74
-means of communication.  Material includes undeveloped  75
-photographs, molds, printing plates, stored computer data  76
-and other latent representational objects; 77
-     [(9)] (10)  "Minor", any person less than eighteen  78
-years of age; 79
-     [(10)] (11)  "Nudity" or "state of nudity", the showing  80
-of the human genitals, pubic area, vulva, anus, anal cleft,  81
-or the female breast with less than a fully opaque covering  82
-of any part of the nipple or areola; 83
-     [(11)] (12)  "Obscene", any material or performance if,  84
-taken as a whole: 85
-     (a)  Applying contemporary community standards, its  86
-predominant appeal is to prurient interest in sex; and 87
- SB 1164 6
-     (b)  The average person, applying contemporary  88
-community standards, would find the material depicts or  89
-describes sexual conduct in a patently offensive way; and 90
-     (c)  A reasonable person would find the material lacks  91
-serious literary, artistic, political or scientific value; 92
-     [(12)] (13)  "Operator", any person on the premises of  93
-a sexually oriented business who causes the business to  94
-function, puts or keeps the business in operation, or is  95
-authorized to manage the business or exercise overall  96
-operational control of the business premises.  A person may  97
-be found to be operating or causing to be operated a  98
-sexually oriented business whether or not such person is an  99
-owner, part owner, or licensee of the business; 100
-     [(13)] (14)  "Performance", any play, motion picture  101
-film, videotape, dance or exhibition performed before an  102
-audience of one or more; 103
-     [(14)] (15)  "Pornographic for minors", any material or  104
-performance if the following apply: 105
-     (a)  The average person, applying contemporary  106
-community standards, would find that the material or  107
-performance, taken as a whole, has a tendency to cater or  108
-appeal to a prurient interest of minors; and 109
-     (b)  The material or performance depicts or describes  110
-nudity, sexual conduct, the condition of human genitals when  111
-in a state of sexual stimulation or arousal, or  112
-sadomasochistic abuse in a way which is patently offensive  113
-to the average person applying contemporary adult community  114
-standards with respect to what is suitable for minors; and 115
-     (c)  The material or performance, taken as a whole,  116
-lacks serious literary, artistic, political, or scientific  117
-value for minors; 118
- SB 1164 7
-     [(15)] (16)  "Premises", the real property upon which a  119
-sexually oriented business is located, and all appurtenances  120
-thereto and buildings thereon, including but not limited to  121
-the sexually oriented business, the grounds, private  122
-walkways, and parking lots or parking garages or both; 123
-     [(16)] (17)  "Promote", to manufacture, issue, sell,  124
-provide, mail, deliver, transfer, transmute, publish,  125
-distribute, circulate, disseminate, present, exhibit, or  126
-advertise, or to offer or agree to do the same, by any means  127
-including a computer; 128
-     [(17)] (18)  "Regularly", the consistent and repeated  129
-doing of the act so described; 130
-     [(18)] (19)  "Sadomasochistic abuse", flagellation or  131
-torture by or upon a person as an act of sexual stimulation  132
-or gratification; 133
-     [(19)] (20)  "Semi-nude" or "state of semi-nudity", the  134
-showing of the female breast below a horizontal line across  135
-the top of the areola and extending across the width of the  136
-breast at such point, or the showing of the male or female  137
-buttocks. Such definition includes the lower portion of the  138
-human female breast, but shall not include any portion of  139
-the cleavage of the female breasts exhibited by a bikini,  140
-dress, blouse, shirt, leotard, or similar wearing apparel  141
-provided the areola is not exposed in whole or in part; 142
-     [(20)] (21)  "Sexual conduct", actual or simulated,  143
-normal or perverted acts of human masturbation; deviate  144
-sexual intercourse; sexual intercourse; or physical contact  145
-with a person's clothed or unclothed genitals, pubic area,  146
-buttocks, or the breast of a female in an act of apparent  147
-sexual stimulation or gratification or any sadomasochistic  148
-abuse or acts including animals or any latent objects in an  149
-act of apparent sexual stimulation or gratification; 150
- SB 1164 8
-     [(21)] (22)  "Sexually explicit conduct", actual or  151
-simulated: 152
-     (a)  Sexual intercourse, including genital-genital,  153
-oral-genital, anal-genital, or oral-anal, whether between  154
-persons of the same or opposite sex; 155
-     (b)  Bestiality; 156
-     (c)  Masturbation; 157
-     (d)  Sadistic or masochistic abuse; or 158
-     (e)  Lascivious exhibition of the genitals or pubic  159
-area of any person; 160
-     [(22)] (23)  "Sexually oriented business" includes: 161
-     (a)  An adult bookstore or adult video store.  "Adult  162
-bookstore" or "adult video store" means a commercial  163
-establishment which, as one of its principal business  164
-activities, offers for sale or rental for any form of  165
-consideration any one or more of the following:  books,  166
-magazines, periodicals, or other printed matter, or  167
-photographs, films, motion pictures, video cassettes,  168
-compact discs, digital video discs, slides, or other visual  169
-representations which are characterized by their emphasis  170
-upon the display of specified sexual activities or specified  171
-anatomical areas.  A principal business activity exists  172
-where the commercial establishment: 173
-     a.  Has a substantial portion of its displayed  174
-merchandise which consists of such items; or 175
-     b.  Has a substantial portion of the wholesale value of  176
-its displayed merchandise which consists of such items; or 177
-     c.  Has a substantial portion of the retail value of  178
-its displayed merchandise which consists of such items; or 179
-     d.  Derives a substantial portion of its revenues from  180
-the sale or rental, for any form of consideration, of such  181
-items; or 182
- SB 1164 9
-     e.  Maintains a substantial section of its interior  183
-business space for the sale or rental of such items; or 184
-     f.  Maintains an adult arcade.  "Adult arcade" means  185
-any place to which the public is permitted or invited  186
-wherein coin-operated or slug-operated or electronically,  187
-electrically, or mechanically controlled still or motion  188
-picture machines, projectors, or other image-producing  189
-devices are regularly maintained to show images to five or  190
-fewer persons per machine at any one time, and where the  191
-images so displayed are characterized by their emphasis upon  192
-matter exhibiting specified sexual activities or specified  193
-anatomical areas; 194
-     (b)  An adult cabaret; 195
-     (c)  An adult motion picture theater.  "Adult motion  196
-picture theater" means a commercial establishment where  197
-films, motion pictures, video cassettes, slides, or similar  198
-photographic reproductions, which are characterized by their  199
-emphasis upon the display of specified sexual activities or  200
-specified anatomical areas are regularly shown to more than  201
-five persons for any form of consideration; 202
-     (d)  A semi-nude model studio.  "Semi-nude model  203
-studio" means a place where persons regularly appear in a  204
-state of semi-nudity for money or any form of consideration  205
-in order to be observed, sketched, drawn, painted,  206
-sculptured, photographed, or similarly depicted by other  207
-persons.  Such definition shall not apply to any place where  208
-persons appearing in a state of semi-nudity do so in a  209
-modeling class operated: 210
-     a.  By a college, junior college, or university  211
-supported entirely or partly by taxation; 212
-     b.  By a private college or university which maintains  213
-and operates educational programs in which credits are  214
- SB 1164 10
-transferable to a college, junior college, or university  215
-supported entirely or partly by taxation; or 216
-     c.  In a structure: 217
-     (i)  Which has no sign visible from the exterior of the  218
-structure and no other advertising that indicates a semi- 219
-nude person is available for viewing; and 220
-     (ii)  Where, in order to participate in a class, a  221
-student must enroll at least three days in advance of the  222
-class; 223
-     (e)  A sexual encounter center.  "Sexual encounter  224
-center" means a business or commercial enterprise that, as  225
-one of its principal purposes, purports to offer for any  226
-form of consideration physical contact in the form of  227
-wrestling or tumbling between two or more persons when one  228
-or more of the persons is semi-nude; 229
-     [(23)] (24)  "Sexual performance", any performance, or  230
-part thereof, which includes sexual conduct by a child who  231
-is less than eighteen years of age; 232
-     [(24)] (25)  "Specified anatomical areas" include: 233
-     (a)  Less than completely and opaquely covered: human  234
-genitals, pubic region, buttock, and female breast below a  235
-point immediately above the top of the areola; and 236
-     (b)  Human male genitals in a discernibly turgid state,  237
-even if completely and opaquely covered; 238
-     [(25)] (26)  "Specified sexual activity", includes any  239
-of the following: 240
-     (a)  Intercourse, oral copulation, masturbation, or  241
-sodomy; or 242
-     (b)  Excretory functions as a part of or in connection  243
-with any of the activities described in paragraph (a) of  244
-this subdivision; 245
- SB 1164 11
-     [(26)] (27)  "Substantial", at least thirty percent of  246
-the item or items so modified; 247
-     [(27)] (28)  "Visual depiction", includes undeveloped  248
-film and videotape, and data stored on computer disk or by  249
-electronic means which is capable of conversion into a  250
-visual image. 251
-     573.520.  1.  A person commits the offense of engaging  1
-in an adult cabaret performance if such performance is: 2
-     (1)  On public property; or 3
-     (2)  In a location where the adult cabaret performance  4
-could be viewed by a person who is not an adult. 5
-     2.  The offense of engaging in an adult cabaret  6
-performance is a class A misdemeanor for a first offense and  7
-a class E felony for any second or subsequent offense. 8
-     3.  The provisions of this section shall: 9
-     (1)  Preempt an ordinance or a regulation, restriction,  10
-or license that was lawfully adopted or issued by a  11
-political subdivision prior to August 28, 2026, if such  12
-ordinance, regulation, restriction, or license conflicts  13
-with this section; and 14
-     (2)  Prevent or preempt a political subdivision from  15
-enacting and enforcing in the future other ordinances,  16
-regulations, restrictions, or licenses that are in conflict  17
-with this section. 18
-✓
+     Section A.  Sections 67.2540, 226.531, and 573.010, RSMo,
+are repealed and five new sections enacted in lieu thereof, to
+be known as sections 67.2540, 226.531, 537.048, 573.010, and
+573.520, to read as follows:
+     67.2540.  As used in sections 67.2540 to 67.2556, the
+following terms mean:
+     (1)  "Adult cabaret", a nightclub, bar, restaurant, or
+similar establishment in which persons regularly appear in a
+state of nudity[, as defined in section 573.500,] or
+seminudity in the performance of their duties;
+     (2)  "Adult cabaret performance", a performance that
+appeals to a prurient interest in a location other than an
+adult cabaret that features topless dancers, go-go dancers,
+exotic dancers, strippers, male or female impersonators who
+provide entertainment, or similar entertainers, regardless
+of whether performed for consideration;
+     (3)  "Employee", a person who is at least twenty-one
+years of age and who performs any service on the premises of
+a sexually oriented business on a full-time, part-time, or
+contract basis, whether or not the person is denominated an
+employee, independent contractor, agent, or otherwise, and
+whether or not said person is paid a salary, wage, or other
+compensation by the operator of said business.  The term
+
+ 2
+employee does not include a person exclusively on the
+premises for repair or maintenance of the premises or
+equipment on the premises, or for the delivery of goods to
+the premises;
+     [(3)] (4)  "Nudity" or a "state of nudity", the showing
+of the human male or female genitals, pubic area, vulva,
+anus, anal cleft or anal cleavage with less than a fully
+opaque covering, the showing of the female breast with less
+than a fully opaque covering of any part of the nipple, or
+the showing of the covered male genitals in a discernibly
+turgid state;
+     [(4)] (5)  "Nuisance", any place in or upon which
+lewdness, assignation, or prostitution is conducted,
+permitted, continued, or exists, or any place, in or upon
+which lewd, indecent, lascivious, or obscene films, or films
+designed to be projected for exhibition, are photographed,
+manufactured, developed, screened, exhibited, or otherwise
+prepared or shown, and the personal property and contents
+used in conducting and maintaining any such place for any
+such purpose.  The provisions of this section shall not
+affect any newspaper, magazine, or other publication entered
+as second class matter by the post office department;
+     [(5)] (6)  "Person", an individual, proprietorship,
+partnership, corporation, association, or other legal entity;
+     [(6)] (7)  "Seminude" or in a "seminude condition", a
+state of dress in which opaque clothing fails to cover the
+genitals, anus, anal cleft or cleavage, pubic area, vulva,
+nipple and areola of the female breast below a horizontal
+line across the top of the areola at its highest point.
+Seminudity shall include the entire lower portion of the
+female breast, but shall not include any portion of the
+cleavage of the human female breast exhibited by wearing
+apparel provided the areola is not exposed in whole or part;
+
+ 3
+     [(7)] (8)  "Sexually oriented business", an adult
+cabaret [or], any business which offers its patrons goods of
+which a substantial or significant portion are sexually
+oriented material, or any business other than an adult
+cabaret that offers an adult cabaret performance.  It shall
+be presumed that a business that derives thirty percent or
+less of its revenue from sexually oriented materials is
+presumed not to be a sexually oriented business.  [No] A
+building, premises, structure, or other facility that
+contains any sexually oriented business shall not contain
+any other kind of sexually oriented business, except that of
+an adult cabaret performance;
+     [(8)] (9)  "Sexually oriented materials", any pictorial
+or three-dimensional material, or film, motion picture, DVD,
+video cassette, or similar photographic reproduction, that
+depicts nudity, sexual conduct, sexual excitement, or
+sadomasochistic abuse, as defined in section 573.010;
+     [(9)] (10)  "Specified criminal activity" includes the
+following offenses:
+     (a)  Prostitution or promotion of prostitution;
+dissemination of obscenity; sale, distribution, or display
+of harmful material to a minor; sexual performance by a
+child; possession or distribution of child pornography;
+public lewdness; indecent exposure; indecency with a child;
+engaging in organized criminal activity; sexual assault;
+molestation of a child; gambling prohibited under Missouri
+law; or distribution of a controlled substance; or any
+similar offenses described in this subdivision under the
+criminal or penal code of other states or countries;
+     (b)  For which:
+     a.  Less than two years have elapsed since the date of
+conviction or the date of release from confinement imposed
+
+ 4
+for the conviction, whichever is the later date, if the
+conviction is of a misdemeanor offense;
+     b.  Less than five years have elapsed since the date of
+conviction or the date of release from confinement for the
+conviction, whichever is the later date, if the conviction
+is of a felony offense; or
+     c.  Less than five years have elapsed since the date of
+the last conviction or the date of release from confinement
+for the last conviction, whichever is the later date, if the
+convictions are of two or more misdemeanor offenses or
+combination of misdemeanor offenses occurring within any
+twenty-four-month period;
+     (c)  The fact that a conviction is being appealed shall
+not prevent a sexually oriented business from being
+considered a nuisance and closed under section 67.2546;
+     [(10)] (11)  "Specified sexual activities" includes the
+following acts:
+     (a)  The fondling or other erotic touching of human
+genitals, pubic region, buttocks, anus, or female breasts;
+     (b)  Sex acts, actual or simulated, including
+intercourse, oral copulation, masturbation, or sodomy; or
+     (c)  Excretory functions as part of or in connection
+with any of the activities set forth in this subdivision.
+     226.531.  1.  As used in this section the following
+terms mean:
+     (1)  "Adult cabaret", a nightclub, bar, restaurant, or
+similar establishment in which persons appear in a state of
+nudity, as defined in section [573.500] 573.010, or
+seminudity, in the performance of their duties;
+     (2)  "Adult cabaret performance", a performance that
+appeals to a prurient interest in a location other than an
+adult cabaret that features topless dancers, go-go dancers,
+exotic dancers, strippers, male or female impersonators who
+
+ 5
+provide entertainment, or similar entertainers, regardless
+of whether performed for consideration;
+     (3)  "Seminudity", a state of dress in which opaque
+clothing fails to cover the genitals, anus, anal cleft or
+cleavage, pubic area, vulva, nipple and areola of the female
+breast below a horizontal line across the top of the areola
+at its highest point.  Seminudity shall include the entire
+lower portion of the female breast, but shall not include
+any portion of the cleavage of the human female breast
+exhibited by wearing apparel provided the areola is not
+exposed in whole or part;
+     [(3)] (4)  "Sexually oriented business", any business
+which offers its patrons goods of which a substantial
+portion are sexually oriented materials or any business
+other than an adult cabaret that offers an adult cabaret
+performance.  Any business where more than ten percent of
+display space is used for sexually oriented materials shall
+be presumed to be a sexually oriented business;
+     [(4)] (5)  "Sexually oriented materials", any textual,
+pictorial, or three-dimensional material that depicts
+nudity, sexual conduct, sexual excitement, or
+sadomasochistic abuse in a way which is patently offensive
+to the average person applying contemporary adult community
+standards with respect to what is suitable for minors.
+     2.  No billboard or other exterior advertising sign for
+an adult cabaret or sexually oriented business shall be
+located within one mile of any state highway except if such
+business is located within one mile of a state highway then
+the business may display a maximum of two exterior signs on
+the premises of the business, consisting of one
+identification sign and one sign solely giving notice that
+the premises are off limits to minors.  The identification
+sign shall be no more than forty square feet in size and
+
+ 6
+shall include no more than the following information:  name,
+street address, telephone number, and operating hours of the
+business.
+     3.  Signs existing on August 28, 2004, which did not
+conform to the requirements of this section, may be allowed
+to continue as a nonconforming use, but should be made to
+conform within three years from August 28, 2004.
+     4.  Any owner of such a business who violates the
+provisions of this section shall be guilty of a class C
+misdemeanor.  Each week a violation of this section
+continues to exist shall constitute a separate offense.
+     5.  This section is designed to protect the following
+public policy interests of this state, including but not
+limited to:  to mitigate the adverse secondary effects of
+sexually oriented businesses, to improve traffic safety, to
+limit harm to minors, and to reduce prostitution, crime,
+juvenile delinquency, deterioration in property values, and
+lethargy in neighborhood improvement efforts.
+     537.048.  1.  As used in this section, the following
+terms mean:
+     (1)  "Actions or materials that appeal to a prurient
+interest in sex", actions or materials that are
+characterized by, fixate on, depict, or exhibit sex,
+sexually explicit content, sexual desire, a state of nudity
+or state of seminudity, or obscene or pornographic material;
+     (2)  "Adult cabaret establishment", a nightclub, bar,
+restaurant, or similar establishment in which persons
+regularly appear in a state of nudity or a state of
+seminudity in the performance of their duties;
+     (3)  "Adult cabaret performance", a performance in a
+location, other than an adult cabaret establishment, by an
+adult cabaret performer and which contains actions or
+materials that appeal to a prurient interest in sex;
+
+ 7
+     (4)  "Adult cabaret performer", an entertainer who
+provided an adult cabaret performance, including, but not
+limited to, a topless dancer, go-go dancer, exotic dancer,
+stripper, or male or female impersonator;
+     (5)  "State of nudity", the showing of the human
+genitals, pubic area, vulva, anus, anal cleft, or female
+breast less than a fully opaque covering of any part of the
+nipple or areola;
+     (6)  "State of seminudity", a state of dress in which
+opaque clothing fails to cover the human genitals, pubic
+area, vulva, anus, anal cleft, nipple and areola of the
+female breast below a horizontal line across the top of the
+areola at its highest point and extending across the width
+of the breast at such point, or the showing of the buttocks.
+The term "state of seminudity" shall include the entire
+lower portion of the female breast, but shall not include
+any portion of the cleavage of the human female breast
+exhibited by wearing apparel provided the areola is not
+exposed in whole or part.
+     2.  Any person who is a resident of the city, town, or
+village where an adult cabaret performance is conducted
+shall have a cause of action for damages or relief, as
+specified in subsection 3 of this section, against an adult
+cabaret performer whose adult cabaret performance, proven by
+a preponderance of the evidence, contains actions or
+material that appeal to a prurient interest in sex and that
+occur:
+     (1)  On public property; or
+     (2)  In a location where the adult cabaret performance
+could be viewed by a person who is under the age of eighteen.
+     3.  A court may award any damages or injunctive relief
+as it deems necessary, including any actual damages,
+punitive damages, and reasonable attorney's fees, to a
+
+ 8
+prevailing plaintiff, except no damages, apart from nominal
+damages, shall be awarded in more than one action arising
+out of a single occurrence.
+     4.  Any action pursuant to subsection 2 of this section
+shall be brought in the circuit court of the county where
+the adult cabaret performance occurred.  Any person entitled
+to bring an action pursuant to subsection 2 of this section
+may institute an action as a representative of a class
+against one or more defendants.
+     573.010.  As used in this chapter the following terms
+shall mean:
+     (1)  "Adult cabaret", a nightclub, bar, juice bar,
+restaurant, bottle club, or other commercial establishment,
+regardless of whether alcoholic beverages are served, which
+regularly features persons who appear semi-nude;
+     (2)  "Adult cabaret performance", a performance that
+appeals to a prurient interest in a location other than an
+adult cabaret that features topless dancers, go-go dancers,
+exotic dancers, strippers, male or female impersonators who
+provide entertainment, or similar entertainers, regardless
+of whether performed for consideration;
+     (3)  "Characterized by", describing the essential
+character or dominant theme of an item;
+     [(3)] (4)  "Child", any person under the age of
+fourteen;
+     [(4)] (5)  "Child pornography":
+     (a)  Any obscene material or performance depicting
+sexual conduct, sexual contact as defined in section
+566.010, or a sexual performance and which has as one of its
+participants or portrays as an observer of such conduct,
+contact, or performance a minor; or
+     (b)  Any visual depiction, including any photograph,
+film, video, picture, or computer or computer-generated
+
+ 9
+image or picture, whether made or produced by electronic,
+mechanical, or other means, of sexually explicit conduct
+where:
+     a.  The production of such visual depiction involves
+the use of a minor engaging in sexually explicit conduct;
+     b.  Such visual depiction is a digital image, computer
+image, or computer-generated image that is, or is
+indistinguishable from, that of a minor engaging in sexually
+explicit conduct, in that the depiction is such that an
+ordinary person viewing the depiction would conclude that
+the depiction is of an actual minor engaged in sexually
+explicit conduct; or
+     c.  Such visual depiction has been created, adapted, or
+modified to show that an identifiable minor is engaging in
+sexually explicit conduct.  "Identifiable minor" means a
+person who was a minor at the time the visual depiction was
+created, adapted, or modified; or whose image as a minor was
+used in creating, adapting, or modifying the visual
+depiction; and who is recognizable as an actual person by
+the person's face, likeness, or other distinguishing
+characteristic, such as a unique birthmark or other
+recognizable feature.  The term identifiable minor shall not
+be construed to require proof of the actual identity of the
+identifiable minor;
+     [(5)] (6)  "Employ", "employee", or "employment", any
+person who performs any service on the premises of a
+sexually oriented business, on a full-time, part-time, or
+contract basis, whether or not the person is denominated an
+employee, independent contractor, agent, or otherwise.
+Employee does not include a person exclusively on the
+premises for repair or maintenance of the premises or for
+the delivery of goods to the premises;
+
+ 10
+     [(6)] (7)  "Explicit sexual material", any pictorial or
+three-dimensional material depicting human masturbation,
+deviate sexual intercourse, sexual intercourse, direct
+physical stimulation or unclothed genitals, sadomasochistic
+abuse, or emphasizing the depiction of postpubertal human
+genitals; provided, however, that works of art or of
+anthropological significance shall not be deemed to be
+within the foregoing definition;
+     [(7)] (8)  "Furnish", to issue, sell, give, provide,
+lend, mail, deliver, transfer, circulate, disseminate,
+present, exhibit or otherwise provide;
+     [(8)] (9)  "Material", anything printed or written, or
+any picture, drawing, photograph, motion picture film,
+videotape or videotape production, or pictorial
+representation, or any recording or transcription, or any
+mechanical, chemical, or electrical reproduction, or stored
+computer data, or anything which is or may be used as a
+means of communication.  Material includes undeveloped
+photographs, molds, printing plates, stored computer data
+and other latent representational objects;
+     [(9)] (10)  "Minor", any person less than eighteen
+years of age;
+     [(10)] (11)  "Nudity" or "state of nudity", the showing
+of the human genitals, pubic area, vulva, anus, anal cleft,
+or the female breast with less than a fully opaque covering
+of any part of the nipple or areola;
+     [(11)] (12)  "Obscene", any material or performance if,
+taken as a whole:
+     (a)  Applying contemporary community standards, its
+predominant appeal is to prurient interest in sex; and
+     (b)  The average person, applying contemporary
+community standards, would find the material depicts or
+describes sexual conduct in a patently offensive way; and
+
+ 11
+     (c)  A reasonable person would find the material lacks
+serious literary, artistic, political or scientific value;
+     [(12)] (13)  "Operator", any person on the premises of
+a sexually oriented business who causes the business to
+function, puts or keeps the business in operation, or is
+authorized to manage the business or exercise overall
+operational control of the business premises.  A person may
+be found to be operating or causing to be operated a
+sexually oriented business whether or not such person is an
+owner, part owner, or licensee of the business;
+     [(13)] (14)  "Performance", any play, motion picture
+film, videotape, dance or exhibition performed before an
+audience of one or more;
+     [(14)] (15)  "Pornographic for minors", any material or
+performance if the following apply:
+     (a)  The average person, applying contemporary
+community standards, would find that the material or
+performance, taken as a whole, has a tendency to cater or
+appeal to a prurient interest of minors; and
+     (b)  The material or performance depicts or describes
+nudity, sexual conduct, the condition of human genitals when
+in a state of sexual stimulation or arousal, or
+sadomasochistic abuse in a way which is patently offensive
+to the average person applying contemporary adult community
+standards with respect to what is suitable for minors; and
+     (c)  The material or performance, taken as a whole,
+lacks serious literary, artistic, political, or scientific
+value for minors;
+     [(15)] (16)  "Premises", the real property upon which a
+sexually oriented business is located, and all appurtenances
+thereto and buildings thereon, including but not limited to
+the sexually oriented business, the grounds, private
+walkways, and parking lots or parking garages or both;
+
+ 12
+     [(16)] (17)  "Promote", to manufacture, issue, sell,
+provide, mail, deliver, transfer, transmute, publish,
+distribute, circulate, disseminate, present, exhibit, or
+advertise, or to offer or agree to do the same, by any means
+including a computer;
+     [(17)] (18)  "Regularly", the consistent and repeated
+doing of the act so described;
+     [(18)] (19)  "Sadomasochistic abuse", flagellation or
+torture by or upon a person as an act of sexual stimulation
+or gratification;
+     [(19)] (20)  "Semi-nude" or "state of semi-nudity", the
+showing of the female breast below a horizontal line across
+the top of the areola and extending across the width of the
+breast at such point, or the showing of the male or female
+buttocks. Such definition includes the lower portion of the
+human female breast, but shall not include any portion of
+the cleavage of the female breasts exhibited by a bikini,
+dress, blouse, shirt, leotard, or similar wearing apparel
+provided the areola is not exposed in whole or in part;
+     [(20)] (21)  "Sexual conduct", actual or simulated,
+normal or perverted acts of human masturbation; deviate
+sexual intercourse; sexual intercourse; or physical contact
+with a person's clothed or unclothed genitals, pubic area,
+buttocks, or the breast of a female in an act of apparent
+sexual stimulation or gratification or any sadomasochistic
+abuse or acts including animals or any latent objects in an
+act of apparent sexual stimulation or gratification;
+     [(21)] (22)  "Sexually explicit conduct", actual or
+simulated:
+     (a)  Sexual intercourse, including genital-genital,
+oral-genital, anal-genital, or oral-anal, whether between
+persons of the same or opposite sex;
+     (b)  Bestiality;
+
+ 13
+     (c)  Masturbation;
+     (d)  Sadistic or masochistic abuse; or
+     (e)  Lascivious exhibition of the genitals or pubic
+area of any person;
+     [(22)] (23)  "Sexually oriented business" includes:
+     (a)  An adult bookstore or adult video store.  "Adult
+bookstore" or "adult video store" means a commercial
+establishment which, as one of its principal business
+activities, offers for sale or rental for any form of
+consideration any one or more of the following:  books,
+magazines, periodicals, or other printed matter, or
+photographs, films, motion pictures, video cassettes,
+compact discs, digital video discs, slides, or other visual
+representations which are characterized by their emphasis
+upon the display of specified sexual activities or specified
+anatomical areas.  A principal business activity exists
+where the commercial establishment:
+     a.  Has a substantial portion of its displayed
+merchandise which consists of such items; or
+     b.  Has a substantial portion of the wholesale value of
+its displayed merchandise which consists of such items; or
+     c.  Has a substantial portion of the retail value of
+its displayed merchandise which consists of such items; or
+     d.  Derives a substantial portion of its revenues from
+the sale or rental, for any form of consideration, of such
+items; or
+     e.  Maintains a substantial section of its interior
+business space for the sale or rental of such items; or
+     f.  Maintains an adult arcade.  "Adult arcade" means
+any place to which the public is permitted or invited
+wherein coin-operated or slug-operated or electronically,
+electrically, or mechanically controlled still or motion
+picture machines, projectors, or other image-producing
+
+ 14
+devices are regularly maintained to show images to five or
+fewer persons per machine at any one time, and where the
+images so displayed are characterized by their emphasis upon
+matter exhibiting specified sexual activities or specified
+anatomical areas;
+     (b)  An adult cabaret;
+     (c)  An adult motion picture theater.  "Adult motion
+picture theater" means a commercial establishment where
+films, motion pictures, video cassettes, slides, or similar
+photographic reproductions, which are characterized by their
+emphasis upon the display of specified sexual activities or
+specified anatomical areas are regularly shown to more than
+five persons for any form of consideration;
+     (d)  A semi-nude model studio.  "Semi-nude model
+studio" means a place where persons regularly appear in a
+state of semi-nudity for money or any form of consideration
+in order to be observed, sketched, drawn, painted,
+sculptured, photographed, or similarly depicted by other
+persons.  Such definition shall not apply to any place where
+persons appearing in a state of semi-nudity do so in a
+modeling class operated:
+     a.  By a college, junior college, or university
+supported entirely or partly by taxation;
+     b.  By a private college or university which maintains
+and operates educational programs in which credits are
+transferable to a college, junior college, or university
+supported entirely or partly by taxation; or
+     c.  In a structure:
+     (i)  Which has no sign visible from the exterior of the
+structure and no other advertising that indicates a semi-
+nude person is available for viewing; and
+
+ 15
+     (ii)  Where, in order to participate in a class, a
+student must enroll at least three days in advance of the
+class;
+     (e)  A sexual encounter center.  "Sexual encounter
+center" means a business or commercial enterprise that, as
+one of its principal purposes, purports to offer for any
+form of consideration physical contact in the form of
+wrestling or tumbling between two or more persons when one
+or more of the persons is semi-nude; or
+     (f)  Any business other than an adult cabaret that
+offers an adult cabaret performance;
+     [(23)] (24)  "Sexual performance", any performance, or
+part thereof, which includes sexual conduct by a child who
+is less than eighteen years of age;
+     [(24)] (25)  "Specified anatomical areas" include:
+     (a)  Less than completely and opaquely covered: human
+genitals, pubic region, buttock, and female breast below a
+point immediately above the top of the areola; and
+     (b)  Human male genitals in a discernibly turgid state,
+even if completely and opaquely covered;
+     [(25)] (26)  "Specified sexual activity", includes any
+of the following:
+     (a)  Intercourse, oral copulation, masturbation, or
+sodomy; or
+     (b)  Excretory functions as a part of or in connection
+with any of the activities described in paragraph (a) of
+this subdivision;
+     [(26)] (27)  "Substantial", at least thirty percent of
+the item or items so modified;
+     [(27)] (28)  "Visual depiction", includes undeveloped
+film and videotape, and data stored on computer disk or by
+electronic means which is capable of conversion into a
+visual image.
+
+ 16
+     573.520.  1.  A person commits the offense of engaging
+in an adult cabaret performance if such performance is:
+     (1)  On public property; or
+     (2)  In a location other than an adult cabaret where
+the adult cabaret performance is reasonably expected to be
+viewed by a person who is not an adult.
+     2.  The offense of engaging in an adult cabaret
+performance is a class A misdemeanor for a first offense and
+a class E felony for any second or subsequent offense.
+     3.  The provisions of this section shall:
+     (1)  Preempt an ordinance or a regulation, restriction,
+or license that was lawfully adopted or issued by a
+political subdivision prior to August 28, 2026, if such
+ordinance, regulation, restriction, or license conflicts
+with this section; and
+     (2)  Prevent or preempt a political subdivision from
+enacting and enforcing in the future other ordinances,
+regulations, restrictions, or licenses that are in conflict
+with this section.