Text of AR SB 43 (2023)
To Add Certain Restrictions To An Adult-oriented Performance; And To Define An Adult-oriented Performance.
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As introduced
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State of Arkansas
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94th General Assembly
A Bill
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Regular Session, 2023
SENATE BILL 43
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By: Senator G. Stubblefield
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By: Representative Bentley
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For An Act To Be Entitled
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AN ACT TO CLASSIFY A DRAG PERFORMANCE AS AN ADULT-
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ORIENTED BUSINESS; TO ADD ADDITIONAL LOCATION
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RESTRICTIONS TO AN ADULT-ORIENTED BUSINESS; AND FOR
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OTHER PURPOSES.
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Subtitle
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TO CLASSIFY A DRAG PERFORMANCE AS AN
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ADULT-ORIENTED BUSINESS; AND TO ADD
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ADDITIONAL LOCATION RESTRICTIONS TO AN
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ADULT-ORIENTED BUSINESS.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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SECTION 1. Arkansas Code § 14-1-302(6), concerning the definition of
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"adult-oriented business", is amended to read as follows:
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(6) “Adult-oriented business” means an adult arcade, an adult
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bookstore or video store, an adult cabaret, an adult live entertainment
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establishment, an adult motion picture theater, an adult theater, a massage
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establishment that offers adult services, an escort agency, or a nude model
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studio, or a drag performance;
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SECTION 2. Arkansas Code § 14-1-302, concerning definitions related to
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adult-oriented businesses, is amended to add additional subdivisions to read
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as follows:
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(26) "Drag performance" means a performance:
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(A) In which one (1) or more performers:
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(i) Exhibits a gender identity that is different
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from the performer's gender assigned at birth using clothing, makeup, or
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other accessories that are traditionally worn by members of and are meant to
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exaggerate the gender identity of the performer's opposite sex; and
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(ii) Sings, lip-synchs, dances, or otherwise
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performs before an audience of at least two (2) persons for entertainment,
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whether performed for payment or not; and
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(B) That is intended to appeal to the prurient interest;
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and
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(27) "Minor" means an individual who is less than eighteen (18)
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years of age.
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SECTION 3. Arkansas Code § 14-1-303, concerning the location of adult-
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oriented businesses, is amended to add an additional subsection to read as
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follows:
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(d) An adult-oriented business shall not be located:
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(1) On public property; or
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(2) Where a minor can view what the adult-oriented business is
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otherwise offering to the public that qualifies it as an adult-oriented
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business.
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As enrolled or final
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Act 131 of the Regular Session
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State of Arkansas
As Engrossed: S1/23/23 H1/30/23 H2/2/23
1
94th General Assembly
A Bill
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Regular Session, 2023
SENATE BILL 43
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By: Senators G. Stubblefield, J. Bryant, B. Johnson, K. Hammer, Rice, Flippo, C. Penzo, Gilmore, Stone,
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M. McKee, A. Clark, Hester, Dees, D. Sullivan, Caldwell, Hill
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By: Representatives Bentley, Barker, C. Cooper, Crawford, Haak, D. Hodges, Ladyman, Long,
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Lundstrum, McAlindon, R. Scott Richardson, Rose, Rye, Tosh
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For An Act To Be Entitled
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AN ACT TO ADD CERTAIN RESTRICTIONS TO AN ADULT-
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ORIENTED PERFORMANCE; TO DEFINE AN ADULT-ORIENTED
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PERFORMANCE; AND FOR OTHER PURPOSES.
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Subtitle
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TO ADD CERTAIN RESTRICTIONS TO AN ADULT-
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ORIENTED PERFORMANCE; AND TO DEFINE AN
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ADULT-ORIENTED PERFORMANCE.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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SECTION 1. Arkansas Code § 14-1-302, concerning definitions related to
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adult-oriented businesses, is amended to add additional subdivisions to read
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as follows:
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(26) "Adult-oriented performance" means a performance that is
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intended to appeal to the prurient interest and that features:
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(A) A person who appears in a state of nudity or is
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seminude;
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(B) The purposeful exposure, whether complete or partial,
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of:
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(i) A specific anatomical area; or
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(ii) Prosthetic genitalia or breasts; or
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(C) A specific sexual activity;
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(27) "Minor" means an individual who is less than eighteen (18)
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As Engrossed: S1/23/23 H1/30/23 H2/2/23
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years of age; and
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(28) "Public funds" means funds, moneys, receivables, grants,
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investments, instruments, real or personal property, or other assets,
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liabilities, equities, revenues, receipts, or disbursements belonging to,
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held by, or passed through a governmental body.
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SECTION 2. Arkansas Code § 14-1-303, concerning the location of adult-
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oriented businesses, is amended to add an additional subsection to read as
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follows:
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(d) An adult-oriented performance shall not:
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(1) Take place on public property;
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(2) Admit any minor for attendance; or
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(3) Be funded in whole or in part with public funds.
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/s/G. Stubblefield
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APPROVED: 2/24/23
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