Text of MN SF 716 (2025)

Drag performances as adult entertainment classification

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As introduced

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1.1 A bill for an act​ 1.2 relating to public safety; classifying drag performances as adult entertainment;​ 1.3 expanding location restrictions of an adult entertainment establishment; amending​ 1.4 Minnesota Statutes 2024, section 617.242, subdivisions 1, 4.​ 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.6 Section 1. Minnesota Statutes 2024, section 617.242, subdivision 1, is amended to read:​ 1.7 Subdivision 1. Definitions. For purposes of this section:​ 1.8 (1) "adult entertainment establishment" means a business that is open only to adults and​ 1.9 that presents:​ 1.10 (i) live performances that are distinguished or characterized by an emphasis on the​ 1.11 depiction of sexual conduct or nudity; or​ 1.12 (ii) live drag performances;​ 1.13 (2) "sexual conduct" has the meaning given in section 617.241; and​ 1.14 (3) nudity has the meaning given in section 617.292, subdivision 3.;​ 1.15 (4) "drag performance" means a performance:​ 1.16 (i) in which one or more performers:​ 1.17 (A) exhibits a gender identity that is different from the performer's gender assigned at​ 1.18 birth using clothing, makeup, or other accessories that are traditionally worn by members​ 1.19 of and are meant to exaggerate the gender identity of the performer's opposite sex; and​ 1.20 (B) sings, lip-synchs, dances, or otherwise performs before an audience of at least two​ 1.21 persons for entertainment, whether performed for payment or not; and​ 1​ Section 1.​ 25-01221 as introduced​ 12/19/24 REVISOR KLL/AD​ SENATE​ STATE OF MINNESOTA​ S.F. No. 716​ NINETY-FOURTH SESSION​ (SENATE AUTHORS: LUCERO, Gruenhagen, Drazkowski, Wesenberg and Dornink)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 01/27/2025​ Referred to Judiciary and Public Safety​ 2.1 (ii) that is intended to appeal to the prurient interest; and​ 2.2 (5) "minor" has the meaning given in section 617.292, subdivision 2.​ 2.3 Sec. 2. Minnesota Statutes 2024, section 617.242, subdivision 4, is amended to read:​ 2.4 Subd. 4. Proximity; location. (a) An adult entertainment establishment may not:​ 2.5 (1) be located on public property;​ 2.6 (2) be located where a minor can view what the adult entertainment establishment is​ 2.7 offering to the public that qualifies it as an adult entertainment establishment;​ 2.8 (3) operate in the same building as, or within:​ 2.9 (i) 1,500 feet from, another adult entertainment establishment;​ 2.10 (ii) within 500 feet of residential property, regardless of how the property is zoned; or​ 2.11 (iii) within 2,800 feet of a public or private elementary or secondary school or a church,​ 2.12 synagogue, mosque, or other place of worship.​ 2.13 (b) For the purposes of paragraph (a), clause (3), distances are measured between the​ 2.14 closest property lines.​ 2​ Sec. 2.​ 25-01221 as introduced​ 12/19/24 REVISOR KLL/AD​