Text of MO HB 2300 (2024)

SECOND REGULAR SESSION HOUSE BILL NO. 2300 102ND GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE COOK. 4985H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To 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the General Assembly of the state of Missouri, as follows: Section A. Sections 67.2540, 226.531, and 573.010, RSMo, are repealed and four 2 new sections enacted in lieu thereof, to be known as sections 67.2540, 226.531, 573.010, and 3 573.520, to read as follows: 67.2540.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 cabaret performance", a performance that appeals to a prurient 6 interest in a location other than an adult cabaret that features topless dancers, go-go 7 dancers, exotic dancers, strippers, male or female impersonators who provide 8 entertainment, or similar entertainers, regardless 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; EXPLANATION — 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 turgid 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 affect any newspaper, 27 magazine, or other publication entered as second class matter by the post office 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 offers 37 its patrons goods of which a substantial or significant portion are sexually oriented material, 38 or any business other than an adult cabaret that offers an adult cabaret 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 cabaret 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 offenses: 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 organized criminal activity; sexual assault; molestation of 53 a child; gambling prohibited under Missouri law; or distribution of a controlled substance; or HB 2300 2 54 any similar offenses 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 offense; 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 offense; 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 offenses 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)] (11) "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 cabaret performance", a performance that appeals to a prurient 6 interest in a location other than an adult cabaret that features topless dancers, go-go 7 dancers, exotic dancers, strippers, male or female impersonators who provide 8 entertainment, or similar entertainers, regardless 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; HB 2300 3 16 [(3)] (4) "Sexually oriented business", any business which offers its patrons goods of 17 which a substantial portion are sexually oriented materials or any business other than an 18 adult cabaret that offers an adult cabaret 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 offensive 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 off 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 offense. 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 traffic safety, to limit harm to minors, and to reduce prostitution, 42 crime, juvenile delinquency, deterioration in property values, and lethargy in neighborhood 43 improvement efforts. 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 cabaret performance", a performance that appeals to a prurient 6 interest in a location other than an adult cabaret that features topless dancers, go-go 7 dancers, exotic dancers, strippers, male or female impersonators who provide 8 entertainment, or similar entertainers, regardless of whether performed for 9 consideration; HB 2300 4 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; HB 2300 5 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)] (11) "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 [(11)] (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 offensive 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 offensive 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 HB 2300 6 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 offer 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, offers 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 HB 2300 7 119 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 offer for any form of HB 2300 8 155 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 cabaret that offers an adult cabaret 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 turgid 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) "Visual 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 cabaret 2 performance if such performance is: 3 (1) On public property; or 4 (2) In a location other than an adult cabaret where the adult cabaret 5 performance is reasonably expected to be viewed by a person who is not an adult. 6 2. The offense of engaging in an adult cabaret 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 provisions of this section shall: 10 (1) Preempt an ordinance or a regulation, restriction, or license that was lawfully 11 adopted or issued by a political subdivision prior to August 28, 2024, if such ordinance, 12 regulation, restriction, or license conflicts with this section; and 13 (2) Prevent or preempt a political subdivision from enacting and enforcing in the 14 future other ordinances, regulations, restrictions, or licenses that are in conflict with this 15 section. ✔ HB 2300 9