HCS HB 2047 -- SEXUALLY ORIENTED BUSINESSES

SPONSOR:  Stevenson (Johnson, 47)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 14 to 1.

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 10% or more of its revenue from the
sale of sexually oriented material.  Currently, a sexually
oriented business is presumed to be an adult cabaret or any
business which derives more than 30% of its revenue from the sale
of sexually oriented material (Section 64.2540, RSMo);

(2)  Allows any county, city, town, or village to prohibit by
ordinance the exhibition of films, videos, and digital video
discs depicting specified sexual activities in viewing rooms at
sexually oriented businesses and to prohibit certain activities
involving nude or seminude persons in sexually oriented
businesses.  Currently, these provisions are state laws rather
than optional local laws (Sections 67.2546 and 67.2552);

(3)  Lowers the permissible age of employment in and attendance
at a sexually oriented business from 21 to 18 years of age
(Sections 67.2548 and 67.2552);

(4)  Allows any county, city, town, or village to establish 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); and

(6)  Allows any county, city, town, or village to have zoning
power specifically to regulate the location of sexually oriented
businesses (Section 67.2556).

FISCAL NOTE:  No impact on state funds in FY 2007, FY 2008, and
FY 2009.

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 was Representative Stevenson.

OPPONENTS:  Those who oppose the bill say that it is flawed and
unconstitutional as written, and the regulation of sexually
oriented businesses should be done at the local level.

Testifying against the bill were Missouri Association of Club
Executives; and First Amendment Lawyers Association.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:45 am