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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
AMENDED
FACT SHEET FOR s.b. 1028
adult cabaret performances; prohibited locations
Purpose
Prohibits a person or business from engaging in an adult cabaret performance on public property or in a location where the person knows or has reason to know that the performance could be viewed by a minor.
Background
An adult cabaret excludes any establishment with a license to sell
alcohol, and includes any nightclub, bar, restaurant or other 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 specific anatomical
areas or specific sexual activities; or 3) films, motion pictures,
videocassettes, slides or other photographic reproductions that are
characterized by the depiction or description of specific sexual activities or
specific anatomical areas (A.R.S.
§ 13-1422).
A class 1 misdemeanor carries a maximum jail sentence of six months and a civil penalty of not more than $2,500. A class 6 felony carries a presumptive prison sentence of one year and a fine not to exceed $150,000 to be determined by the court (A.R.S. §§ 13-702; 13-707; 13-801; and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person or business from engaging in an adult cabaret performance on public property, or in a location where the person knows or has reason to know that the performance could be viewed by a minor.
2. Classifies a first violation as a class 1 misdemeanor, and a second or subsequent violation as a class 6 felony.
3. Specifies 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 this legislation.
4. Assigns the same meaning to adult cabaret as prescribed in statute.
5. Defines adult cabaret performance as a sexually explicit performance in a location other than an adult cabaret, regardless of whether the performance is for consideration.
6. Defines sexually explicit as an intention to arouse or satisfy the sexual desires or appeal to the prurient interest.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Adds businesses to the prohibition against engaging in an adult cabaret performance in specified locations.
2. Modifies the definition of adult cabaret performance to exclude drag shows and specify that drag performers included in the definition are those that provide entertainment in a sexually explicit manner.
3. Adds definitions for drag performer and sexually explicit.
Amendments Adopted by Committee of the Whole
1. Specifies that a person must know or have reason to know that an adult cabaret performance could be viewed by a minor in a certain location in order to be in violation of the prohibition.
2. Modifies the definition of adult cabaret performance to mean a sexually explicit performance in a location other than an adult cabaret, regardless of whether the performance is for consideration.
3. Removes the definition of drag performer.
Governor's Veto Message
The Governor indicates in her veto message that S.B. 1028 attempts to criminalize free expression and ostracize the LGBTQIA+ community and that she does not support any attempts to marginalize Arizonans.
Senate Action House Action
JUD 2/1/23 DPA 4-3-0 GOV 3/29/23 DP 5-4-0-0
3rd Read 3/16/23 16-12-0 3rd Read 5/15/23 31-27-1-0-1
Vetoed by the Governor 6/16/23
Prepared by Senate Research
June 26, 2023
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