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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. 1476
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NICOLA.
6066S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 67.2540, 226.531, and 573.010, RSMo, and to enact in lieu thereof four 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. Sections 67.2540, 226.531, and 573.010, RSMo, 1
are repealed and four new sections enacted in lieu thereof, to 2
be known as sections 67.2540, 226.531, 573.010, and 573.520, to 3
read as follows:4
67.2540. As used in sections 67.2540 to 67.2556, the 1
following terms mean: 2
(1) "Adult cabaret", a nightclub, bar, restaurant, or 3
similar establishment in which persons regularly appear in a 4
state of nudity[, as defined in section 573.500,] or 5
seminudity in the performance of their duties; 6
(2) "Adult cabaret performance", a performance that 7
appeals to a prurient interest in a location other than an 8
adult cabaret that features topless dancers, go-go dancers, 9
exotic dancers, strippers, male or female impersonators who 10
provide entertainment, or similar entertainers, regardless 11
of whether performed for consideration; 12
(3) "Employee", a person who is at least twenty-one 13
years of age and who performs any service on the premises of 14
a sexually oriented business on a full-time, part-time, or 15
contract basis, whether or not the person is denominated an 16
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employee, independent contractor, agent, or otherwise, and 17
whether or not said person is paid a salary, wage, or other 18
compensation by the operator of said business. The term 19
employee does not include a person exclusively on the 20
premises for repair or maintenance of the premises or 21
equipment on the premises, or for the delivery of goods to 22
the premises; 23
[(3)] (4) "Nudity" or a "state of nudity", the showing 24
of the human male or female genitals, pubic area, vulva, 25
anus, anal cleft or anal cleavage with less than a fully 26
opaque covering, the showing of the female breast with less 27
than a fully opaque covering of any part of the nipple, or 28
the showing of the covered male genitals in a discernibly 29
turgid state; 30
[(4)] (5) "Nuisance", any place in or upon which 31
lewdness, assignation, or prostitution is conducted, 32
permitted, continued, or exists, or any place, in or upon 33
which lewd, indecent, lascivious, or obscene films, or films 34
designed to be projected for exhibition, are photographed, 35
manufactured, developed, screened, exhibited, or otherwise 36
prepared or shown, and the personal property and contents 37
used in conducting and maintaining any such place for any 38
such purpose. The provisions of this section shall not 39
affect any newspaper, magazine, or other publication entered 40
as second class matter by the post office department; 41
[(5)] (6) "Person", an individual, proprietorship, 42
partnership, corporation, association, or other legal entity; 43
[(6)] (7) "Seminude" or in a "seminude condition", a 44
state of dress in which opaque clothing fails to cover the 45
genitals, anus, anal cleft or cleavage, pubic area, vulva, 46
nipple and areola of the female breast below a horizontal 47
line across the top of the areola at its highest point. 48
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Seminudity shall include the entire lower portion of the 49
female breast, but shall not include any portion of the 50
cleavage of the human female breast exhibited by wearing 51
apparel provided the areola is not exposed in whole or part; 52
[(7)] (8) "Sexually oriented business", an adult 53
cabaret [or], any business which offers its patrons goods of 54
which a substantial or significant portion are sexually 55
oriented material, or any business other than an adult 56
cabaret that offers an adult cabaret performance. It shall 57
be presumed that a business that derives thirty percent or 58
less of its revenue from sexually oriented materials is 59
presumed not to be a sexually oriented business. [No] A 60
building, premises, structure, or other facility that 61
contains any sexually oriented business shall not contain 62
any other kind of sexually oriented business, except that of 63
an adult cabaret performance; 64
[(8)] (9) "Sexually oriented materials", any pictorial 65
or three-dimensional material, or film, motion picture, DVD, 66
video cassette, or similar photographic reproduction, that 67
depicts nudity, sexual conduct, sexual excitement, or 68
sadomasochistic abuse, as defined in section 573.010; 69
[(9)] (10) "Specified criminal activity" includes the 70
following offenses: 71
(a) Prostitution or promotion of prostitution; 72
dissemination of obscenity; sale, distribution, or display 73
of harmful material to a minor; sexual performance by a 74
child; possession or distribution of child pornography; 75
public lewdness; indecent exposure; indecency with a child; 76
engaging in organized criminal activity; sexual assault; 77
molestation of a child; gambling prohibited under Missouri 78
law; or distribution of a controlled substance; or any 79
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similar offenses described in this subdivision under the 80
criminal or penal code of other states or countries; 81
(b) For which: 82
a. Less than two years have elapsed since the date of 83
conviction or the date of release from confinement imposed 84
for the conviction, whichever is the later date, if the 85
conviction is of a misdemeanor offense; 86
b. Less than five years have elapsed since the date of 87
conviction or the date of release from confinement for the 88
conviction, whichever is the later date, if the conviction 89
is of a felony offense; or 90
c. Less than five years have elapsed since the date of 91
the last conviction or the date of release from confinement 92
for the last conviction, whichever is the later date, if the 93
convictions are of two or more misdemeanor offenses or 94
combination of misdemeanor offenses occurring within any 95
twenty-four-month period; 96
(c) The fact that a conviction is being appealed shall 97
not prevent a sexually oriented business from being 98
considered a nuisance and closed under section 67.2546; 99
[(10)] (11) "Specified sexual activities" includes the 100
following acts: 101
(a) The fondling or other erotic touching of human 102
genitals, pubic region, buttocks, anus, or female breasts; 103
(b) Sex acts, actual or simulated, including 104
intercourse, oral copulation, masturbation, or sodomy; or 105
(c) Excretory functions as part of or in connection 106
with any of the activities set forth in this subdivision. 107
226.531. 1. As used in this section the following 1
terms mean: 2
(1) "Adult cabaret", a nightclub, bar, restaurant, or 3
similar establishment in which persons appear in a state of 4
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nudity, as defined in section [573.500] 573.010, or 5
seminudity, in the performance of their duties; 6
(2) "Adult cabaret performance", a performance that 7
appeals to a prurient interest in a location other than an 8
adult cabaret that features topless dancers, go-go dancers, 9
exotic dancers, strippers, male or female impersonators who 10
provide entertainment, or similar entertainers, regardless 11
of whether performed for consideration; 12
(3) "Seminudity", a state of dress in which opaque 13
clothing fails to cover the genitals, anus, anal cleft or 14
cleavage, pubic area, vulva, nipple and areola of the female 15
breast below a horizontal line across the top of the areola 16
at its highest point. Seminudity shall include the entire 17
lower portion of the female breast, but shall not include 18
any portion of the cleavage of the human female breast 19
exhibited by wearing apparel provided the areola is not 20
exposed in whole or part; 21
[(3)] (4) "Sexually oriented business", any business 22
which offers its patrons goods of which a substantial 23
portion are sexually oriented materials or any business 24
other than an adult cabaret that offers an adult cabaret 25
performance. Any business where more than ten percent of 26
display space is used for sexually oriented materials shall 27
be presumed to be a sexually oriented business; 28
[(4)] (5) "Sexually oriented materials", any textual, 29
pictorial, or three-dimensional material that depicts 30
nudity, sexual conduct, sexual excitement, or 31
sadomasochistic abuse in a way which is patently offensive 32
to the average person applying contemporary adult community 33
standards with respect to what is suitable for minors. 34
2. No billboard or other exterior advertising sign for 35
an adult cabaret or sexually oriented business shall be 36
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located within one mile of any state highway except if such 37
business is located within one mile of a state highway then 38
the business may display a maximum of two exterior signs on 39
the premises of the business, consisting of one 40
identification sign and one sign solely giving notice that 41
the premises are off limits to minors. The identification 42
sign shall be no more than forty square feet in size and 43
shall include no more than the following information: name, 44
street address, telephone number, and operating hours of the 45
business. 46
3. Signs existing on August 28, 2004, which did not 47
conform to the requirements of this section, may be allowed 48
to continue as a nonconforming use, but should be made to 49
conform within three years from August 28, 2004. 50
4. Any owner of such a business who violates the 51
provisions of this section shall be guilty of a class C 52
misdemeanor. Each week a violation of this section 53
continues to exist shall constitute a separate offense. 54
5. This section is designed to protect the following 55
public policy interests of this state, including but not 56
limited to: to mitigate the adverse secondary effects of 57
sexually oriented businesses, to improve traffic safety, to 58
limit harm to minors, and to reduce prostitution, crime, 59
juvenile delinquency, deterioration in property values, and 60
lethargy in neighborhood improvement efforts. 61
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
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(2) "Adult cabaret performance", a performance that 7
appeals to a prurient interest in a location other than an 8
adult cabaret that features topless dancers, go-go dancers, 9
exotic dancers, strippers, male or female impersonators who 10
provide entertainment, or similar entertainers, regardless 11
of whether performed for consideration; 12
(3) "Characterized by", describing the essential 13
character or dominant theme of an item; 14
[(3)] (4) "Child", any person under the age of 15
fourteen; 16
[(4)] (5) "Child pornography": 17
(a) Any obscene material or performance depicting 18
sexual conduct, sexual contact as defined in section 19
566.010, or a sexual performance and which has as one of its 20
participants or portrays as an observer of such conduct, 21
contact, or performance a minor; or 22
(b) Any visual depiction, including any photograph, 23
film, video, picture, or computer or computer-generated 24
image or picture, whether made or produced by electronic, 25
mechanical, or other means, of sexually explicit conduct 26
where: 27
a. The production of such visual depiction involves 28
the use of a minor engaging in sexually explicit conduct; 29
b. Such visual depiction is a digital image, computer 30
image, or computer-generated image that is, or is 31
indistinguishable from, that of a minor engaging in sexually 32
explicit conduct, in that the depiction is such that an 33
ordinary person viewing the depiction would conclude that 34
the depiction is of an actual minor engaged in sexually 35
explicit conduct; or 36
c. Such visual depiction has been created, adapted, or 37
modified to show that an identifiable minor is engaging in 38
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sexually explicit conduct. "Identifiable minor" means a 39
person who was a minor at the time the visual depiction was 40
created, adapted, or modified; or whose image as a minor was 41
used in creating, adapting, or modifying the visual 42
depiction; and who is recognizable as an actual person by 43
the person's face, likeness, or other distinguishing 44
characteristic, such as a unique birthmark or other 45
recognizable feature. The term identifiable minor shall not 46
be construed to require proof of the actual identity of the 47
identifiable minor; 48
[(5)] (6) "Employ", "employee", or "employment", any 49
person who performs any service on the premises of a 50
sexually oriented business, on a full-time, part-time, or 51
contract basis, whether or not the person is denominated an 52
employee, independent contractor, agent, or otherwise. 53
Employee does not include a person exclusively on the 54
premises for repair or maintenance of the premises or for 55
the delivery of goods to the premises; 56
[(6)] (7) "Explicit sexual material", any pictorial or 57
three-dimensional material depicting human masturbation, 58
deviate sexual intercourse, sexual intercourse, direct 59
physical stimulation or unclothed genitals, sadomasochistic 60
abuse, or emphasizing the depiction of postpubertal human 61
genitals; provided, however, that works of art or of 62
anthropological significance shall not be deemed to be 63
within the foregoing definition; 64
[(7)] (8) "Furnish", to issue, sell, give, provide, 65
lend, mail, deliver, transfer, circulate, disseminate, 66
present, exhibit or otherwise provide; 67
[(8)] (9) "Material", anything printed or written, or 68
any picture, drawing, photograph, motion picture film, 69
videotape or videotape production, or pictorial 70
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representation, or any recording or transcription, or any 71
mechanical, chemical, or electrical reproduction, or stored 72
computer data, or anything which is or may be used as a 73
means of communication. Material includes undeveloped 74
photographs, molds, printing plates, stored computer data 75
and other latent representational objects; 76
[(9)] (10) "Minor", any person less than eighteen 77
years of age; 78
[(10)] (11) "Nudity" or "state of nudity", the showing 79
of the human genitals, pubic area, vulva, anus, anal cleft, 80
or the female breast with less than a fully opaque covering 81
of any part of the nipple or areola; 82
[(11)] (12) "Obscene", any material or performance if, 83
taken as a whole: 84
(a) Applying contemporary community standards, its 85
predominant appeal is to prurient interest in sex; and 86
(b) The average person, applying contemporary 87
community standards, would find the material depicts or 88
describes sexual conduct in a patently offensive way; and 89
(c) A reasonable person would find the material lacks 90
serious literary, artistic, political or scientific value; 91
[(12)] (13) "Operator", any person on the premises of 92
a sexually oriented business who causes the business to 93
function, puts or keeps the business in operation, or is 94
authorized to manage the business or exercise overall 95
operational control of the business premises. A person may 96
be found to be operating or causing to be operated a 97
sexually oriented business whether or not such person is an 98
owner, part owner, or licensee of the business; 99
[(13)] (14) "Performance", any play, motion picture 100
film, videotape, dance or exhibition performed before an 101
audience of one or more; 102
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[(14)] (15) "Pornographic for minors", any material or 103
performance if the following apply: 104
(a) The average person, applying contemporary 105
community standards, would find that the material or 106
performance, taken as a whole, has a tendency to cater or 107
appeal to a prurient interest of minors; and 108
(b) The material or performance depicts or describes 109
nudity, sexual conduct, the condition of human genitals when 110
in a state of sexual stimulation or arousal, or 111
sadomasochistic abuse in a way which is patently offensive 112
to the average person applying contemporary adult community 113
standards with respect to what is suitable for minors; and 114
(c) The material or performance, taken as a whole, 115
lacks serious literary, artistic, political, or scientific 116
value for minors; 117
[(15)] (16) "Premises", the real property upon which a 118
sexually oriented business is located, and all appurtenances 119
thereto and buildings thereon, including but not limited to 120
the sexually oriented business, the grounds, private 121
walkways, and parking lots or parking garages or both; 122
[(16)] (17) "Promote", to manufacture, issue, sell, 123
provide, mail, deliver, transfer, transmute, publish, 124
distribute, circulate, disseminate, present, exhibit, or 125
advertise, or to offer or agree to do the same, by any means 126
including a computer; 127
[(17)] (18) "Regularly", the consistent and repeated 128
doing of the act so described; 129
[(18)] (19) "Sadomasochistic abuse", flagellation or 130
torture by or upon a person as an act of sexual stimulation 131
or gratification; 132
[(19)] (20) "Semi-nude" or "state of semi-nudity", the 133
showing of the female breast below a horizontal line across 134
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the top of the areola and extending across the width of the 135
breast at such point, or the showing of the male or female 136
buttocks. Such definition includes the lower portion of the 137
human female breast, but shall not include any portion of 138
the cleavage of the female breasts exhibited by a bikini, 139
dress, blouse, shirt, leotard, or similar wearing apparel 140
provided the areola is not exposed in whole or in part; 141
[(20)] (21) "Sexual conduct", actual or simulated, 142
normal or perverted acts of human masturbation; deviate 143
sexual intercourse; sexual intercourse; or physical contact 144
with a person's clothed or unclothed genitals, pubic area, 145
buttocks, or the breast of a female in an act of apparent 146
sexual stimulation or gratification or any sadomasochistic 147
abuse or acts including animals or any latent objects in an 148
act of apparent sexual stimulation or gratification; 149
[(21)] (22) "Sexually explicit conduct", actual or 150
simulated: 151
(a) Sexual intercourse, including genital-genital, 152
oral-genital, anal-genital, or oral-anal, whether between 153
persons of the same or opposite sex; 154
(b) Bestiality; 155
(c) Masturbation; 156
(d) Sadistic or masochistic abuse; or 157
(e) Lascivious exhibition of the genitals or pubic 158
area of any person; 159
[(22)] (23) "Sexually oriented business" includes: 160
(a) An adult bookstore or adult video store. "Adult 161
bookstore" or "adult video store" means a commercial 162
establishment which, as one of its principal business 163
activities, offers for sale or rental for any form of 164
consideration any one or more of the following: books, 165
magazines, periodicals, or other printed matter, or 166
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photographs, films, motion pictures, video cassettes, 167
compact discs, digital video discs, slides, or other visual 168
representations which are characterized by their emphasis 169
upon the display of specified sexual activities or specified 170
anatomical areas. A principal business activity exists 171
where the commercial establishment: 172
a. Has a substantial portion of its displayed 173
merchandise which consists of such items; or 174
b. Has a substantial portion of the wholesale value of 175
its displayed merchandise which consists of such items; or 176
c. Has a substantial portion of the retail value of 177
its displayed merchandise which consists of such items; or 178
d. Derives a substantial portion of its revenues from 179
the sale or rental, for any form of consideration, of such 180
items; or 181
e. Maintains a substantial section of its interior 182
business space for the sale or rental of such items; or 183
f. Maintains an adult arcade. "Adult arcade" means 184
any place to which the public is permitted or invited 185
wherein coin-operated or slug-operated or electronically, 186
electrically, or mechanically controlled still or motion 187
picture machines, projectors, or other image-producing 188
devices are regularly maintained to show images to five or 189
fewer persons per machine at any one time, and where the 190
images so displayed are characterized by their emphasis upon 191
matter exhibiting specified sexual activities or specified 192
anatomical areas; 193
(b) An adult cabaret; 194
(c) An adult motion picture theater. "Adult motion 195
picture theater" means a commercial establishment where 196
films, motion pictures, video cassettes, slides, or similar 197
photographic reproductions, which are characterized by their 198
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emphasis upon the display of specified sexual activities or 199
specified anatomical areas are regularly shown to more than 200
five persons for any form of consideration; 201
(d) A semi-nude model studio. "Semi-nude model 202
studio" means a place where persons regularly appear in a 203
state of semi-nudity for money or any form of consideration 204
in order to be observed, sketched, drawn, painted, 205
sculptured, photographed, or similarly depicted by other 206
persons. Such definition shall not apply to any place where 207
persons appearing in a state of semi-nudity do so in a 208
modeling class operated: 209
a. By a college, junior college, or university 210
supported entirely or partly by taxation; 211
b. By a private college or university which maintains 212
and operates educational programs in which credits are 213
transferable to a college, junior college, or university 214
supported entirely or partly by taxation; or 215
c. In a structure: 216
(i) Which has no sign visible from the exterior of the 217
structure and no other advertising that indicates a semi- 218
nude person is available for viewing; and 219
(ii) Where, in order to participate in a class, a 220
student must enroll at least three days in advance of the 221
class; 222
(e) A sexual encounter center. "Sexual encounter 223
center" means a business or commercial enterprise that, as 224
one of its principal purposes, purports to offer for any 225
form of consideration physical contact in the form of 226
wrestling or tumbling between two or more persons when one 227
or more of the persons is semi-nude; or 228
(f) Any business other than an adult cabaret that 229
offers an adult cabaret performance; 230
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[(23)] (24) "Sexual performance", any performance, or 231
part thereof, which includes sexual conduct by a child who 232
is less than eighteen years of age; 233
[(24)] (25) "Specified anatomical areas" include: 234
(a) Less than completely and opaquely covered: human 235
genitals, pubic region, buttock, and female breast below a 236
point immediately above the top of the areola; and 237
(b) Human male genitals in a discernibly turgid state, 238
even if completely and opaquely covered; 239
[(25)] (26) "Specified sexual activity", includes any 240
of the following: 241
(a) Intercourse, oral copulation, masturbation, or 242
sodomy; or 243
(b) Excretory functions as a part of or in connection 244
with any of the activities described in paragraph (a) of 245
this subdivision; 246
[(26)] (27) "Substantial", at least thirty percent of 247
the item or items so modified; 248
[(27)] (28) "Visual depiction", includes undeveloped 249
film and videotape, and data stored on computer disk or by 250
electronic means which is capable of conversion into a 251
visual image. 252
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 other than an adult cabaret where 4
the adult cabaret performance is reasonably expected to be 5
viewed by a person who is not an adult. 6
2. The offense of engaging in an adult cabaret 7
performance is a class A misdemeanor for a first offense and 8
a class E felony for any second or subsequent offense. 9
3. The provisions of this section shall: 10
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(1) Preempt an ordinance or a regulation, restriction, 11
or license that was lawfully adopted or issued by a 12
political subdivision prior to August 28, 2026, if such 13
ordinance, regulation, restriction, or license conflicts 14
with this section; and 15
(2) Prevent or preempt a political subdivision from 16
enacting and enforcing in the future other ordinances, 17
regulations, restrictions, or licenses that are in conflict 18
with this section. 19
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