 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
REVISED
AMENDED
FACT SHEET FOR S.B. 1030
drag performers; drag shows; regulation
Purpose
Requires, rather than allows, the county board of supervisors (county BOS) to provide for the regulation and use of adult oriented business licenses and permits in conjunction with establishments that conduct sexually explicit drag shows. Subjects a sexually explicit drag show to the prohibitions relating to an adult oriented business.
Background
The county BOS
may adopt zoning ordinances and codes in order to conserve and promote the
public health, safety, convenience and general welfare. Statute outlines zoning
guidelines and requirements. The county BOS may provide for the regulation and
use of business licenses, including adult oriented business manager permits and
adult service provider permits in conjunction with the establishment or
operation of adult oriented businesses and facilities
(A.R.S.
§ 11-811).
Statute outlines prohibitions relating to an adult oriented business. An adult oriented business includes: 1) an adult arcade; 2) adult bookstore or video store; 3) adult cabaret; 4) adult motion picture theater or adult theater; 5) escort agency; or 6) nude model studio. An adult oriented business may not be located within 1/4 mile of a: 1) child care facility; 2) school; 3) public playground; 4) public recreational facility; 5) residence; or 6) place of worship (A.R.S. § 13-1422).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, rather than allows, the county BOS to provide for the regulation and use of adult oriented business licenses and permits in conjunction with establishments that conduct sexually explicit drag shows.
2. Includes a sexually explicit drag show in the prohibitions relating to an adult oriented business.
3. Defines sexually explicit drag show as a show or performance for entertainment at which a single drag performer or group of drag performers entertains an audience of two or more people in a manner that is sexually explicit.
4. Defines sexually explicit as:
a) an intention to arouse or satisfy the sexual desires or appeal to the prurient interest;
b) depictions, simulations or acts of masturbation, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or breast;
c) sexual excitement, defined as the condition of human male or female genitals when in a state of sexual stimulation or arousal; or
d) ultimate sexual acts, defined as actual or simulated sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy.
5. Defines drag performer as a person who:
a) dresses in clothing and uses makeup and other physical markers opposite of the person's gender at birth to exaggerate gender signifiers and roles; and
b) engages in singing, dancing, or a monologue or skit in order to entertain an audience.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes the requirement that the county BOS must provide for drag show permits and drag performer permits.
2. Specifies that the county BOS must provide for the regulation and use of adult oriented business licenses and permits in conjunction with establishments that conduct sexually explicit drag shows, rather than drag shows.
3. Includes a sexually explicit drag show in the definition of an adult oriented business.
4. Removes the prohibition on a drag show being conducted between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 1:00 a.m. and 12:00 p.m. on Sunday.
6. Defines sexually explicit as:
a) an intention to arouse or satisfy the sexual desires or appeal to the prurient interest;
b) depictions, simulations or acts of masturbation, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or breast;
c) sexual excitement, defined as the condition of human male or female genitals when in a state of sexual stimulation or arousal; or
d) ultimate sexual acts, defined as actual or simulated sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy.
7. Removes the definition of drag show.
8. Makes technical and conforming changes.
Revisions
· Corrects the purpose statement to clarify that the county BOS must provide for the regulation of adult oriented businesses as prescribed, including sexually explicit drag shows, and specifies that a sexually explicit drag show is subject to the prohibitions relating to adult oriented businesses.
Senate Action
GOV DPA 2/16/23 5-3-0
Prepared by Senate Research
March 14, 2023
AN/slp