HCS SS SCS SB 32 -- SEXUALLY ORIENTED BUSINESSES

SPONSOR:  Bartle (Johnson, 47)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 12 to 4.

This substitute changes the laws regarding sexually oriented
businesses.  In its main provisions, the substitute:

(1)  Defines "sexually oriented business" as an adult cabaret or
any business which generates a majority of its revenue from the
sale of sexually oriented material (Section 64.2540, RSMo);

(2)  Prohibits the exhibition of films, videos, and digital video
discs depicting specified sexual activities in viewing rooms at
sexually oriented businesses.  A violation of this provision is a
class A misdemeanor (Section 67.2546);

(3)  Prohibits anyone under the age of 21 from being employed by
a sexually oriented business.  A violation of this provision is a
class A misdemeanor (Section 67.2548);

(4)  Establishes several class A misdemeanors involving nude or
semi-nude persons in sexually oriented businesses, prohibits
persons under the age of 21 from being on the premises of
sexually oriented businesses, and prohibits a sexually oriented
business from being open between the hours of 12:00 p.m. and
10:00 a.m. on weekdays and Saturdays.  These businesses are
required to also be closed on state holidays and Sundays (Section
67.2552);

(5)  Allows any county, city, town, or village to create an
ordinance requiring sexually oriented businesses to be licensed.
Any applicant for a license must provide certain information
including personal description information, current contact
information, and proof of age.  A license will not be issued to
any person who has had a sexual offense or obscenity offense
conviction during the past 10 years (Section 67.2554);

(6)  Allows any county, city, town, or village to have zoning
power to regulate the location of sexually oriented businesses
and that public policy interests are protected such as mitigating
the adverse secondary effects of sexually oriented businesses,
limiting harm to minors, and reducing crime (Section 67.2556);
and

(7)  Authorizes counties and the City of St. Louis to require
background checks on employees of sexually oriented businesses.
Currently, background checks are authorized for employees of
adult cabarets (Section 573.503).

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the bill will allow limited
zoning powers regarding sexually oriented businesses even if
there is not countywide zoning.  This is very important in rural
communities.

Testifying for the bill were Senator Bartle; Missouri Family
Network; and Dawnissa Lawrence.

OPPONENTS:  Those who oppose the bill say that the tax provision
will push this type of business to the Internet, resulting in
lost tax revenue to the state.  The zoning provisions override
municipal zoning, which may be working very well.  Local
governments do a better job of regulating this type of business.

Testifying against the bill were Passions Video, Incorporated;
Passions Too, Incorporated; Mike Frese; Richard Snow; VIP
Marketing, Incorporated; Eclectics; Motion Picture Association of
America; Ramona Fonner; Rhonda Jean Brants; Grayhorse Gentlemen's
Club; Richard Simpson; Eclipse Gentlemen's Club; John Howton;
Pure Pleasure Mega Center; and Gerald Brink.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm