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SECOND REGULAR SESSION
HOUSE BILL NO. 1702
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CHRISTENSEN.
4266H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 67.2540, 226.531, and 573.010, RSMo, and to enact in lieu thereof four
new sections relating to sexually oriented businesses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 67.2540, 226.531, and 573.010, RSMo, are repealed and four
2 new sections enacted in lieu thereof, to be known as sections 67.2540, 226.531, 573.010, and
3 573.520, to read as follows:
67.2540. As used in sections 67.2540 to 67.2556, the following terms mean:
2 (1) "Adult cabaret", a nightclub, bar , restaurant, or similar establishment in which
3 persons regularly appear in a state of nudity[ , as defined in section 573.500 , ] or seminudity in
4 the performance of their duties;
5 (2) "Adult cabar et performance", a performance that appeals to a prurient
6 inter est in a location other than an adult cabar et that featur es topless dancers, go-go
7 dancers, exotic dancers, strippers, male or female impersonators who pro vide
8 entertainment, or similar entertainers, r egardless of whether performed for
9 consideration;
10 (3) "Employee", a person who is at least twenty-one years of age and who performs
11 any service on the premises of a sexually oriented business on a full-time, part-time, or
12 contract basis, whether or not the person is denominated an employee, independent
13 contractor , agent, or otherwise, and whether or not said person is paid a salary , wage, or other
14 compensation by the operator of said business. The term employee does not include a person
15 exclusively on the premises for repair or maintenance of the premises or equipment on the
16 premises, or for the delivery of goods to the premises;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 [ (3) ] (4) "Nudity" or a "state of nudity", the showing of the human male or female
18 genitals, pubic area, vulva, anus, anal cleft or anal cleavage with less than a fully opaque
19 covering, the showing of the female breast with less than a fully opaque covering of any part
20 of the nipple, or the showing of the covered male genitals in a discernibly tur gid state;
21 [ (4) ] (5) "Nuisance", any place in or upon which lewdness, assignation, or
22 prostitution is conducted, permitted, continued, or exists, or any place, in or upon which lewd,
23 indecent, lascivious, or obscene films, or films designed to be projected for exhibition, are
24 photographed, manufactured, developed, screened, exhibited, or otherwise prepared or
25 shown, and the personal property and contents used in conducting and maintaining any such
26 place for any such purpose. The provisions of this section shall not af fect any newspaper ,
27 magazine, or other publication entered as second class matter by the post of fice department;
28 [ (5) ] (6) "Person", an individual, proprietorship, partnership, corporation, association,
29 or other legal entity;
30 [ (6) ] (7) "Seminude" or in a "seminude condition", a state of dress in which opaque
31 clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple and
32 areola of the female breast below a horizontal line across the top of the areola at its highest
33 point. Seminudity shall include the entire lower portion of the female breast, but shall not
34 include any portion of the cleavage of the human female breast exhibited by wearing apparel
35 provided the areola is not exposed in whole or part;
36 [ (7) ] (8) "Sexually oriented business", an adult cabaret [ or ] , any business which of fers
37 its patrons goods of which a substantial or significant portion are sexually oriented material ,
38 or any business other than an adult cabar et that offers an adult cabar et performance . It
39 shall be presumed that a business that derives thirty percent or less of its revenue from
40 sexually oriented materials is presumed not to be a sexually oriented business. [ No ] A
41 building, premises, structure, or other facility that contains any sexually oriented business
42 shall not contain any other kind of sexually oriented business , except that of an adult
43 cabar et performance ;
44 [ (8) ] (9) "Sexually oriented materials", any pictorial or three-dimensional material, or
45 film, motion picture, DVD, video cassette, or similar photographic reproduction, that depicts
46 nudity , sexual conduct, sexual excitement, or sadomasochistic abuse, as defined in section
47 573.010;
48 [ (9) ] (10) "Specified criminal activity" includes the following of fenses:
49 (a) Prostitution or promotion of prostitution; dissemination of obscenity; sale,
50 distribution, or display of harmful material to a minor; sexual performance by a child;
51 possession or distribution of child pornography; public lewdness; indecent exposure;
52 indecency with a child; engaging in or ganized criminal activity; sexual assault; molestation of
53 a child; gambling prohibited under Missouri law; or distribution of a controlled substance; or
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54 any similar of fenses described in this subdivision under the criminal or penal code of other
55 states or countries;
56 (b) For which:
57 a. Less than two years have elapsed since the date of conviction or the date of release
58 from confinement imposed for the conviction, whichever is the later date, if the conviction is
59 of a misdemeanor of fense;
60 b. Less than five years have elapsed since the date of conviction or the date of release
61 from confinement for the conviction, whichever is the later date, if the conviction is of a
62 felony of fense; or
63 c. Less than five years have elapsed since the date of the last conviction or the date of
64 release from confinement for the last conviction, whichever is the later date, if the convictions
65 are of two or more misdemeanor of fenses or combination of misdemeanor offenses occurring
66 within any twenty-four -month period;
67 (c) The fact that a conviction is being appealed shall not prevent a sexually oriented
68 business from being considered a nuisance and closed under section 67.2546;
69 [ (10) ] (1 1) "Specified sexual activities" includes the following acts:
70 (a) The fondling or other erotic touching of human genitals, pubic region, buttocks,
71 anus, or female breasts;
72 (b) Sex acts, actual or simulated, including intercourse, oral copulation, masturbation,
73 or sodomy; or
74 (c) Excretory functions as part of or in connection with any of the activities set forth
75 in this subdivision.
226.531. 1. As used in this section the following terms mean:
2 (1) "Adult cabaret", a nightclub, bar , restaurant, or similar establishment in which
3 persons appear in a state of nudity , as defined in section [ 573.500 ] 573.010 , or seminudity , in
4 the performance of their duties;
5 (2) "Adult cabar et performance", a performance that appeals to a prurient
6 inter est in a location other than an adult cabar et that featur es topless dancers, go-go
7 dancers, exotic dancers, strippers, male or female impersonators who pro vide
8 entertainment, or similar entertainers, r egardless of whether performed for
9 consideration;
10 (3) "Seminudity", a state of dress in which opaque clothing fails to cover the genitals,
11 anus, anal cleft or cleavage, pubic area, vulva, nipple and areola of the female breast below a
12 horizontal line across the top of the areola at its highest point. Seminudity shall include the
13 entire lower portion of the female breast, but shall not include any portion of the cleavage of
14 the human female breast exhibited by wearing apparel provided the areola is not exposed in
15 whole or part;
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16 [ (3) ] (4) "Sexually oriented business", any business which of fers its patrons goods of
17 which a substantial portion are sexually oriented materials or any business other than an
18 adult cabar et that offers an adult cabar et performance . Any business where more than
19 ten percent of display space is used for sexually oriented materials shall be presumed to be a
20 sexually oriented business;
21 [ (4) ] (5) "Sexually oriented materials", any textual, pictorial, or three-dimensional
22 material that depicts nudity , sexual conduct, sexual excitement, or sadomasochistic abuse in a
23 way which is patently of fensive to the average person applying contemporary adult
24 community standards with respect to what is suitable for minors.
25 2. No billboard or other exterior advertising sign for an adult cabaret or sexually
26 oriented business shall be located within one mile of any state highway except if such
27 business is located within one mile of a state highway then the business may display a
28 maximum of two exterior signs on the premises of the business, consisting of one
29 identification sign and one sign solely giving notice that the premises are of f limits to minors.
30 The identification sign shall be no more than forty square feet in size and shall include no
31 more than the following information: name, street address, telephone number , and operating
32 hours of the business.
33 3. Signs existing on August 28, 2004, which did not conform to the requirements of
34 this section, may be allowed to continue as a nonconforming use, but should be made to
35 conform within three years from August 28, 2004.
36 4. Any owner of such a business who violates the provisions of this section shall be
37 guilty of a class C misdemeanor . Each week a violation of this section continues to exist shall
38 constitute a separate of fense.
39 5. This section is designed to protect the following public policy interests of this state,
40 including but not limited to: to mitigate the adverse secondary effects of sexually oriented
41 businesses, to improve traff ic safety , to limit harm to minors, and to reduce prostitution,
42 crime, juvenile delinquency , deterioration in property values, and lethar gy in neighborhood
43 improvement ef forts.
573.010. As used in this chapter the following terms shall mean:
2 (1) "Adult cabaret", a nightclub, bar , juice bar , restaurant, bottle club, or other
3 commercial establishment, regardless of whether alcoholic beverages are served, which
4 regularly features persons who appear semi-nude;
5 (2) "Adult cabar et performance", a performance that appeals to a prurient
6 inter est in a location other than an adult cabar et that featur es topless dancers, go-go
7 dancers, exotic dancers, strippers, male or female impersonators who pro vide
8 entertainment, or similar entertainers, r egardless of whether performed for
9 consideration;
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10 (3) "Characterized by", describing the essential character or dominant theme of an
11 item;
12 [ (3) ] (4) "Child", any person under the age of fourteen;
13 [ (4) ] (5) "Child pornography":
14 (a) Any obscene material or performance depicting sexual conduct, sexual contact as
15 defined in section 566.010, or a sexual performance and which has as one of its participants or
16 portrays as an observer of such conduct, contact, or performance a minor; or
17 (b) Any visual depiction, including any photograph, film, video, picture, or computer
18 or computer -generated image or picture, whether made or produced by electronic,
19 mechanical, or other means, of sexually explicit conduct where:
20 a. The production of such visual depiction involves the use of a minor engaging in
21 sexually explicit conduct;
22 b. Such visual depiction is a digital image, computer image, or computer -generated
23 image that is, or is indistinguishable from, that of a minor engaging in sexually explicit
24 conduct, in that the depiction is such that an ordinary person viewing the depiction would
25 conclude that the depiction is of an actual minor engaged in sexually explicit conduct; or
26 c. Such visual depiction has been created, adapted, or modified to show that an
27 identifiable minor is engaging in sexually explicit conduct. "Identifiable minor" means a
28 person who was a minor at the time the visual depiction was created, adapted, or modified; or
29 whose image as a minor was used in creating, adapting, or modifying the visual depiction;
30 and who is recognizable as an actual person by the person's face, likeness, or other
31 distinguishing characteristic, such as a unique birthmark or other recognizable feature. The
32 term identifiable minor shall not be construed to require proof of the actual identity of the
33 identifiable minor;
34 [ (5) ] (6) "Employ", "employee", or "employment", any person who performs any
35 service on the premises of a sexually oriented business, on a full-time, part-time, or contract
36 basis, whether or not the person is denominated an employee, independent contractor , agent,
37 or otherwise. Employee does not include a person exclusively on the premises for repair or
38 maintenance of the premises or for the delivery of goods to the premises;
39 [ (6) ] (7) "Explicit sexual material", any pictorial or three-dimensional material
40 depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical
41 stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of
42 postpubertal human genitals; provided, however , that works of art or of anthropological
43 significance shall not be deemed to be within the foregoing definition;
44 [ (7) ] (8) "Furnish", to issue, sell, give, provide, lend, mail, deliver , transfer , circulate,
45 disseminate, present, exhibit or otherwise provide;
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46 [ (8) ] (9) "Material", anything printed or written, or any picture, drawing, photograph,
47 motion picture film, videotape or videotape production, or pictorial representation, or any
48 recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored
49 computer data, or anything which is or may be used as a means of communication. Material
50 includes undeveloped photographs, molds, printing plates, stored computer data and other
51 latent representational objects;
52 [ (9) ] (10) "Minor", any person less than eighteen years of age;
53 [ (10) ] (1 1) "Nudity" or "state of nudity", the showing of the human genitals, pubic
54 area, vulva, anus, anal cleft, or the female breast with less than a fully opaque covering of any
55 part of the nipple or areola;
56 [ (1 1) ] (12) "Obscene", any material or performance if, taken as a whole:
57 (a) Applying contemporary community standards, its predominant appeal is to
58 prurient interest in sex; and
59 (b) The average person, applying contemporary community standards, would find the
60 material depicts or describes sexual conduct in a patently of fensive way; and
61 (c) A reasonable person would find the material lacks serious literary , artistic,
62 political or scientific value;
63 [ (12) ] (13) "Operator", any person on the premises of a sexually oriented business
64 who causes the business to function, puts or keeps the business in operation, or is authorized
65 to manage the business or exercise overall operational control of the business premises. A
66 person may be found to be operating or causing to be operated a sexually oriented business
67 whether or not such person is an owner , part owner , or licensee of the business;
68 [ (13) ] (14) "Performance", any play , motion picture film, videotape, dance or
69 exhibition performed before an audience of one or more;
70 [ (14) ] (15) "Pornographic for minors", any material or performance if the following
71 apply:
72 (a) The average person, applying contemporary community standards, would find
73 that the material or performance, taken as a whole, has a tendency to cater or appeal to a
74 prurient interest of minors; and
75 (b) The material or performance depicts or describes nudity , sexual conduct, the
76 condition of human genitals when in a state of sexual stimulation or arousal, or
77 sadomasochistic abuse in a way which is patently of fensive to the average person applying
78 contemporary adult community standards with respect to what is suitable for minors; and
79 (c) The material or performance, taken as a whole, lacks serious literary , artistic,
80 political, or scientific value for minors;
81 [ (15) ] (16) "Premises", the real property upon which a sexually oriented business is
82 located, and all appurtenances thereto and buildings thereon, including but not limited to the
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83 sexually oriented business, the grounds, private walkways, and parking lots or parking
84 garages or both;
85 [ (16) ] (17) "Promote", to manufacture, issue, sell, provide, mail, deliver , transfer ,
86 transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to of fer
87 or agree to do the same, by any means including a computer;
88 [ (17) ] (18) "Regularly", the consistent and repeated doing of the act so described;
89 [ (18) ] (19) "Sadomasochistic abuse", flagellation or torture by or upon a person as an
90 act of sexual stimulation or gratification;
91 [ (19) ] (20) "Semi-nude" or "state of semi-nudity", the showing of the female breast
92 below a horizontal line across the top of the areola and extending across the width of the
93 breast at such point, or the showing of the male or female buttocks. Such definition includes
94 the lower portion of the human female breast, but shall not include any portion of the
95 cleavage of the female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar
96 wearing apparel provided the areola is not exposed in whole or in part;
97 [ (20) ] (21) "Sexual conduct", actual or simulated, normal or perverted acts of human
98 masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a
99 person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act
100 of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including
101 animals or any latent objects in an act of apparent sexual stimulation or gratification;
102 [ (21) ] (22) "Sexually explicit conduct", actual or simulated:
103 (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-
104 anal, whether between persons of the same or opposite sex;
105 (b) Bestiality;
106 (c) Masturbation;
107 (d) Sadistic or masochistic abuse; or
108 (e) Lascivious exhibition of the genitals or pubic area of any person;
109 [ (22) ] (23) "Sexually oriented business" includes:
110 (a) An adult bookstore or adult video store. "Adult bookstore" or "adult video store"
111 means a commercial establishment which, as one of its principal business activities, of fers for
112 sale or rental for any form of consideration any one or more of the following: books,
113 magazines, periodicals, or other printed matter , or photographs, films, motion pictures, video
114 cassettes, compact discs, digital video discs, slides, or other visual representations which are
115 characterized by their emphasis upon the display of specified sexual activities or specified
116 anatomical areas. A principal business activity exists where the commercial establishment:
117 a. Has a substantial portion of its displayed merchandise which consists of such
118 items; or
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119 b. Has a substantial portion of the wholesale value of its displayed merchandise
120 which consists of such items; or
121 c. Has a substantial portion of the retail value of its displayed merchandise which
122 consists of such items; or
123 d. Derives a substantial portion of its revenues from the sale or rental, for any form of
124 consideration, of such items; or
125 e. Maintains a substantial section of its interior business space for the sale or rental of
126 such items; or
127 f. Maintains an adult arcade. "Adult arcade" means any place to which the public is
128 permitted or invited wherein coin-operated or slug-operated or electronically , electrically , or
129 mechanically controlled still or motion picture machines, projectors, or other image-
130 producing devices are regularly maintained to show images to five or fewer persons per
131 machine at any one time, and where the images so displayed are characterized by their
132 emphasis upon matter exhibiting specified sexual activities or specified anatomical areas;
133 (b) An adult cabaret;
134 (c) An adult motion picture theater . "Adult motion picture theater" means a
135 commercial establishment where films, motion pictures, video cassettes, slides, or similar
136 photographic reproductions, which are characterized by their emphasis upon the display of
137 specified sexual activities or specified anatomical areas are regularly shown to more than five
138 persons for any form of consideration;
139 (d) A semi-nude model studio. "Semi-nude model studio" means a place where
140 persons regularly appear in a state of semi-nudity for money or any form of consideration in
141 order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly
142 depicted by other persons. Such definition shall not apply to any place where persons
143 appearing in a state of semi-nudity do so in a modeling class operated:
144 a. By a college, junior college, or university supported entirely or partly by taxation;
145 b. By a private college or university which maintains and operates educational
146 programs in which credits are transferable to a college, junior college, or university supported
147 entirely or partly by taxation; or
148 c. In a structure:
149 (i) Which has no sign visible from the exterior of the structure and no other
150 advertising that indicates a semi-nude person is available for viewing; and
151 (ii) Where, in order to participate in a class, a student must enroll at least three days in
152 advance of the class;
153 (e) A sexual encounter center . "Sexual encounter center" means a business or
154 commercial enterprise that, as one of its principal purposes, purports to of fer for any form of
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155 consideration physical contact in the form of wrestling or tumbling between two or more
156 persons when one or more of the persons is semi-nude ; or
157 (f) Any business other than an adult cabar et that offers an adult cabare t
158 performance ;
159 [ (23) ] (24) "Sexual performance", any performance, or part thereof, which includes
160 sexual conduct by a child who is less than eighteen years of age;
161 [ (24) ] (25) "Specified anatomical areas" include:
162 (a) Less than completely and opaquely covered: human genitals, pubic region,
163 buttock, and female breast below a point immediately above the top of the areola; and
164 (b) Human male genitals in a discernibly tur gid state, even if completely and
165 opaquely covered;
166 [ (25) ] (26) "Specified sexual activity", includes any of the following:
167 (a) Intercourse, oral copulation, masturbation, or sodomy; or
168 (b) Excretory functions as a part of or in connection with any of the activities
169 described in paragraph (a) of this subdivision;
170 [ (26) ] (27) "Substantial", at least thirty percent of the item or items so modified;
171 [ (27) ] (28) "V isual depiction", includes undeveloped film and videotape, and data
172 stored on computer disk or by electronic means which is capable of conversion into a visual
173 image.
573.520. 1. A person commits the offense of engaging in an adult cabare t
2 performance if such performance is:
3 (1) On public pr operty; or
4 (2) In a location other than an adult cabar et wher e the adult cabaret
5 performance is reas onably expected to be viewed by a person who is not an adult.
6 2. The offense of engaging in an adult cabar et performance is a class A
7 misdemeanor for a first offense and a class E felony for any second or subsequent
8 offense.
9 3. The pr ovisions of this section shall:
10 (1) Pr eempt an ordinance or a r egulation, r estriction, or license that was lawfully
11 adopted or issued by a political subdivision prior to August 28, 2026, if such ordinance,
12 r egulation, r estriction, or license conflicts with this section; and
13 (2) Pr event or pr eempt a political subdivision fr om enacting and enfor cing in the
14 futur e other ordinances, r egulations, res trictions, or licenses that ar e in conflict with this
15 section.
✔
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