Signed by Governor Jay Nixon

Vote Smart's Synopsis:

Vote to concur with House Amendments and pass a bill that establishes penalty provisions and a severity clause regarding sexually oriented businesses.

Highlights:

-Defines a sexually oriented business as "an adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio or a sexual encounter center" (Sec. A). -Prohibits anyone from establishing a sexually oriented business within one thousand feet of any preexisting primary or secondary school, house of worship, state-licensed day care facility, public library, public park, residence, or another sexually oriented business (Sec. A). -Prohibits anyone from establishing a sexually oriented business if a person with an influential interest in the sexually oriented business has been convicted of or pled guilty or nolo contendere (no contest) to a specified criminal act (Sec. A). -Prohibits anyone from knowingly or intentionally, in a sexually oriented business, appearing in a state of nudity (Sec. A). -Prohibits an employee from knowingly or intentionally, in a sexually oriented business, appearing in a semi-nude condition unless the employee, while semi-nude, shall be and remain on a fixed stage at least six feet from all patrons and at least eighteen inches from the floor in a room of at least six hundred square feet (Sec. A). -Establishes that no employee, who appears in a semi-nude condition in a sexually oriented business, shall knowingly or intentionally touch a patron or the clothing of a patron in a sexually oriented business (Sec. A). -Requires a sexually oriented business, which exhibits on the premises, a film, video cassette, digital video disc, or other video reproduction, characterized by an emphasis on the display of specified sexual activities or specified anatomical areas to comply with, but not be limited to, the following requirements (Sec. A):

-It is the duty of the operator to ensure that at least one employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by such operator station; -It shall be the duty of the operator and of any employees present on the premises to ensure that the view area remains unobstructed by any doors, curtains, walls, merchandise, display racks, or other materials or enclosures at all times that any patron is present on the premises; -Sexually oriented businesses that do not have stages or interior configurations which meet at least the minimum requirements shall be given 180 days after the effective date to comply; -During such one-hundred-eighty-day period, any employee who appears within view of any patron in a semi-nude condition shall remain, while semi-nude, at least six feet from all patrons; -No operator shall allow or permit a sexually oriented business to be or remain open between midnight and 6:00 a.m. on any day; -No person shall knowingly allow a person under the age of eighteen years on the premises of a sexually oriented business.

-Establishes that any person, business, or entity violating or refusing to comply with any provision shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by imposition of a fine not to exceed five hundred dollars or by imprisonment for a period not to exceed ninety days, or both (Sec. A). -Establishes that if any premises, building, dwelling, or other structure in which a sexually oriented business is repeatedly found in violation of this law it shall constitute a public nuisance and shall be subject to civil abatement proceedings initiated by the state in a court of competent jurisdiction (Sec. A).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes penalty provisions and a severity clause regarding sexually oriented businesses.

Highlights:

-Defines a sexually oriented business as "an adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio or a sexual encounter center" (Sec. A). -Prohibits anyone from establishing a sexually oriented business within one thousand feet of any preexisting primary or secondary school, house of worship, state-licensed day care facility, public library, public park, residence, or another sexually oriented business (Sec. A). -Prohibits anyone from establishing a sexually oriented business if a person with an influential interest in the sexually oriented business has been convicted of or pled guilty or nolo contendere (no contest) to a specified criminal act (Sec. A). -Prohibits anyone from knowingly or intentionally, in a sexually oriented business, appearing in a state of nudity (Sec. A). -Prohibits an employee from knowingly or intentionally, in a sexually oriented business, appearing in a semi-nude condition unless the employee, while semi-nude, shall be and remain on a fixed stage at least six feet from all patrons and at least eighteen inches from the floor in a room of at least six hundred square feet (Sec. A). -Establishes that no employee, who appears in a semi-nude condition in a sexually oriented business, shall knowingly or intentionally touch a patron or the clothing of a patron in a sexually oriented business (Sec. A). -Requires a sexually oriented business, which exhibits on the premises, a film, video cassette, digital video disc, or other video reproduction, characterized by an emphasis on the display of specified sexual activities or specified anatomical areas to comply with, but not be limited to, the following requirements (Sec. A):

-It is the duty of the operator to ensure that at least one employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by such operator station; -It shall be the duty of the operator and of any employees present on the premises to ensure that the view area remains unobstructed by any doors, curtains, walls, merchandise, display racks, or other materials or enclosures at all times that any patron is present on the premises; -Sexually oriented businesses that do not have stages or interior configurations which meet at least the minimum requirements shall be given 180 days after the effective date to comply; -During such one-hundred-eighty-day period, any employee who appears within view of any patron in a semi-nude condition shall remain, while semi-nude, at least six feet from all patrons; -No operator shall allow or permit a sexually oriented business to be or remain open between midnight and 6:00 a.m. on any day; -No person shall knowingly allow a person under the age of eighteen years on the premises of a sexually oriented business.

-Establishes that any person, business, or entity violating or refusing to comply with any provision shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by imposition of a fine not to exceed five hundred dollars or by imprisonment for a period not to exceed ninety days, or both (Sec. A). -Establishes that if any premises, building, dwelling, or other structure in which a sexually oriented business is repeatedly found in violation of this law it shall constitute a public nuisance and shall be subject to civil abatement proceedings initiated by the state in a court of competent jurisdiction (Sec. A).

Full Bill Text