Text of TN HB 9 (2023)

SENATE BILL 3 By Johnson HOUSE BILL 9 By Todd HB0009 000187 - 1 - AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 51, Part 14, relative to adult-oriented performances. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 7-51-1401, is amended by adding the following language as a new subdivision: "Adult cabaret performance" means a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to a prurient interest, or similar entertainers, regardless of whether or not performed for consideration; SECTION 2. Tennessee Code Annotated, Section 7-51-1407, is amended by adding the following language as a new subsection: (c) (1) It is an offense for a person to engage in an adult cabaret performance: (A) On public property; or (B) In a location where the adult cabaret performance could be viewed by a person who is not an adult. (2) Notwithstanding § 7-51-1406, this subsection (c) expressly: (A) Preempts an ordinance, regulation, restriction, or license that was lawfully adopted or issued by a political subdivision prior to the effective date of this act that is in conflict with this subsection (c); and - 2 - 000187 (B) Prevents or preempts a political subdivision from enacting and enforcing in the future other ordinances, regulations, restrictions, or licenses that are in conflict with this subsection (c). (3) A first offense for a violation of subdivision (c)(1) is a Class A misdemeanor, and a second or subsequent such offense is a Class E felony. SECTION 3. This act takes effect July 1, 2023, the public welfare requiring it, and applies to prohibited conduct occurring on or after that date.

····· : tij;~URE \\~}: i ~ ~{ /}~ i ..... Sfrde ef J enn&ssee SENATE BILL NO. 3 By Johnson, Crowe, Bowling, Haile, Hensley, Yager, Bailey, Jackson, Stevens, Niceley, Reeves, Taylor, Pody, Rose, Watson, Roberts Substituted for: House Bill No. 9 By Todd, Richey, McCalmon, Cepicky, Moon, Barrett, Bulso, Raper, Howell, Hawk, Vital, Moody, Davis, Sherrell, Gant, Fritts, Lynn, Sparks, Butler, Slater, Keisling, Leatherwood, Reedy, Haston, Warner, Campbell, Zachary, Capley, Williams, Ragan, Grills, Cochran, Powers, Eldridge, Baum AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 51, Part 14, relative to adult- oriented performances. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 7-51-1401, is amended by adding the following language as new subdivisions: ( ) "Adult cabaret entertainment": (A) Means adult-oriented performances that are harmful to minors, as that term is defined in § 39-17-901, and that feature topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers; and (B) Includes a single performance or multiple performances by an entertainer; ( ) "Entertainer" means a person who provides: (A) Entertainment within an adult-oriented establishment, regardless of whether a fee is charged or accepted for entertainment and regardless of whether entertainment is provided as an employee, escort as defined in § 7-51-1102, or an independent contractor; or (B) A performance of actual or simulated specified sexual activities, including removal of articles of clothing or appearing unclothed, regardless of whether a fee is charged or accepted for the performance and regardless of whether the performance is provided as an employee or an independent contractor; SECTION 2. Tennessee Code Annotated, Section 7-51-1407, is amended by adding the following language as a new subsection: (c)(1) It is an offense for a person to perform adult cabaret entertainment: (A) On public property; or (B) In a location where the adult cabaret entertainment could be viewed by a person who is not an adult. (2) Notwithstanding§ 7-51-1406, this subsection (c) expressly: (A) Preempts an ordinance, regulation, restriction, or license that was lawfully adopted or issued by a political subdivision prior to the effective date of this act that is in conflict with this subsection (c); and PUBLIC CHAPTER NO. 2 S83 (8) Prevents or preempts a political subdivision from enacting and enforcing in the future other ordinances, regulations, restrictions, or licenses that are in conflict with this subsection (c). (3) A first offense for a violation of subdivision (c)(1) is a Class A misdemeanor, and a second or subsequent such offense is a Class E felony. SECTION 3. This act takes effect April 1, 2023, the public welfare requiring it, and applies to prohibited conduct occurring on or after that date. 2 PASSED: SENATE BILL NO. 3 March 2, 2023 SPEAKER OF cNALLY SENATE CAMERO~ON,SPEAKER HOUSE OF REPRESENTATIVES ~kcl. APPROVED this ___ .........__ day of YYta...r::c_b 2023 BILL LEE, GOVERNOR