Text of UT HB 329 (2023)

H.B. 329 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: J. Rogers 6 6 01-30-23 12:23 PM 6 H.B. 329 1 ADULT EVENT PERMIT AMENDMENTS 2 2023 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Colin W. Jack 5 Senate Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill requires a public entity to provide public notice for a permitted event with an 10 adult theme. 11 Highlighted Provisions: 12 This bill: 13 < defines terms; and 14 < requires a public entity to provide public notice under certain conditions for a 15 permitted event with an adult theme. 16 Money Appropriated in this Bill: 17 None 18 Other Special Clauses: 19 None 20 Utah Code Sections Affected: 21 ENACTS: 22 11-68-101, Utah Code Annotated 1953 23 11-68-102, Utah Code Annotated 1953 24 25 Be it enacted by the Legislature of the state of Utah: 26 Section 1. Section 11-68-101 is enacted to read: 27 CHAPTER 68. PERMITTED EVENT WITH ADULT THEME NOTIFICATION *HB0329* H.B. 329 01-30-23 12:23 PM - 2 - 28 REQUIREMENT 29 11-68-101. Definitions. 30 As used in this chapter: 31 (1) "Event permit" means a permit that a public entity issues to the organizer of an 32 event in a public building or on public grounds. 33 (2) (a) "Event with an adult theme" means an event that: 34 (i) contains content that may not be appropriate for children; and 35 (ii) takes place in a public building or on public grounds. 36 (b) "Event with an adult theme" may include an event that contains: 37 (i) nudity; 38 (ii) sexual activity or content; or 39 (iii) excessive profanity. 40 (3) (a) "Public building" means a building or permanent structure that is: 41 (i) owned, leased, or occupied by a public entity or a subunit of a public entity; 42 (ii) open to public access in whole or in part; and 43 (iii) used for public education or public entity activities. 44 (b) "Public building" does not mean a building or permanent structure that is owned or 45 leased by a public entity or a subunit of a public entity: 46 (i) that is closed to public access; or 47 (ii) when the building is used by a person, in whole or in part, for a private function. 48 (4) (a) "Public grounds" means the area outside of a public building where: 49 (i) members of the public may safely gather; and 50 (ii) a public entity may require an event permit for an event. 51 (b) "Public grounds" may include a sidewalk, street, or park. 52 (5) "Public entity" means the state, a political subdivision, a state college or university, 53 a public school or school district, or other public entity that may issue an event permit for an 54 event in a public building or on public grounds. 55 Section 2. Section 11-68-102 is enacted to read: 56 11-68-102. Permitted event with adult theme notification requirement. 57 (1) (a) If a public entity grants an event permit for an event that the public entity 58 determines, in the public entity's discretion, is an event with an adult theme, the public entity 01-30-23 12:23 PM H.B. 329 - 3 - 59 shall provide notice of possible adult content to members of the public who may view or 60 otherwise be exposed to the event with an adult theme. 61 (b) The notification described in Subsection (1)(a) shall: 62 (i) be designed to provide a parent or guardian with sufficient notice so that the parent 63 or guardian may choose to prevent the parent's or guardian's child from viewing or otherwise 64 being exposed to the event with an adult theme; and 65 (ii) be posted near all entrances to the event with an adult theme or otherwise be 66 designed to provide adequate notice to members of the public who may view or otherwise be 67 exposed to the event with an adult theme. 68 (2) In making a determination as to whether an event is an event with an adult theme as 69 described in Subsection (1), the public entity shall obtain sufficient information regarding the 70 event in order to be able to make a reasonably informed determination. 71 (3) Nothing in this section affects the issuance of an event permit or requires a public 72 entity to grant an event permit to an event with an adult theme.