ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: JUD DPA 4-3-0-0 | 3rd Read 16-12-2-0
House: GOV DP 5-4-0-0

SB 1028: adult cabaret performances; prohibited locations

Sponsor: Senator Kern, LD 27

House Engrossed

Overview

Restricts where a person or entity can engage in an adult cabaret performance.

History

An Adult Cabaret excludes establishments with a liquor license and includes any nightclub, bar, restaurant or another similar commercial establishment that regularly features:

1)   Persons who appear in a state of nudity or who are seminude;

2)   Live performances that are characterized by the exposure of specified anatomical areas or specific sexual activities;

3)   Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specific sexual activities or specified anatomical areas (A.R.S. § 13-1422).

Currently, an adult cabaret cannot remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. Monday through Saturday and between the hours of 1:00 a.m. and 12:00 noon on Sunday (A.R.S. § 13-1422).

An adult cabaret cannot be located within 1/4 mile of the following:

1)   A childcare facility;

2)   A private, public or charter school;

3)   A public playground;

4)   A public recreational facility;

5)   A residence; or

6)   A place of worship (A.R.S. § 13-1422).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits a person or business from engaging in an adult cabaret performance in either of the following locations:

a)   Public property; and

b)   In a location where a person knows the cabaret performance could be viewed by a minor. (Sec. 1)

2.   States that counties and municipalities are not prohibited from enacting and enforcing ordinances that regulate the location of adult cabaret performances in a manner that is at least as restrictive as the laws that govern the location and hours of adult cabarets currently in statute. (Sec. 1)

3.   Classifies a first violation as a class 1 misdemeanor and a second or subsequent violation as a class 6 felony. (Sec. 1)

4.   Defines the following:

a)   Adult cabaret;

b)   Adult cabaret performance; and

c)   Sexually explicit. (Sec. 1)

d)    

e)    

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g)                           SB 1028

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