Provisions
· Prohibits a person from knowingly appearing in a state of nudity or depicting specific sexual activities in an adult oriented business.
· Prohibits a person from appearing semi-nude in an adult oriented business unless the person is an employee of the business and while semi-nude is at least 10 feet from a patron or customer and is on a stage at least two feet from the floor.
· Stipulates that while in an adult oriented business:
1) a semi-nude employee can not solicit or accept pay or gratuity from a patron or customer and
2) a patron or customer can not offer, pay or give any gratuity to a semi-nude employee.
· Prohibits a semi-nude employee from touching a patron or customer or their clothing.
· Prohibits an adult oriented business and its manager from allowing a person under 18 on the business's premises.
· Prohibits an adult oriented business from employing a person under 18.
· Stipulates that a violation of any of these provisions is a class _______
· Defines adult oriented business, adult oriented business manager, nude, semi-nude, and specific sexual activities.
Forty-fourth Legislature GovRef Second Regular Session H.B. 2297
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2297
(Reference to printed bill)
Page 1, between lines 1 and 2, insert: 'Section 1. Section 13-1422, Arizona Revised Statutes, is amended to read:
13-1422. Sexually oriented businesses: hours of ooeration:
classification: definitions
A. An adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, escort agency or nude model studio shall not remain open at any time 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 noon on Sunday.
B. A violation of this section is a class 1 misdemeanor.
C. This section does not prohibit counties or municipalities from enacting and enforcing ordinances that regulate sexually oriented businesses in a manner that is at least as restrictive as subsection a of this section.
D. For the purposes of this section:
1. "Adult arcade" has the same meaning prescribed in section 11-821.
2. "Adult bookstore or video store" has the same meaning prescribed in section 11-821.
3. "Adult cabaret" excludes any establishment licensed under title 4 AND ARE SUBJECT TO SECTION 4-244, PARAGRAPH 42 and includes any nightclub, bar, restaurant or other similar commercial establishment that regularly features:
(a) Persons who appear in a state of nudity or who are seminude.
(b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
(c) 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.
4. "Adult motion picture theater" has the same meaning prescribed in section 11-821.
5. "Adult theater" has the same meaning prescribed in section 11-821.
6. "Escort" means a person who for consideration agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
7. "Escort agency" means a person or business association that furnishes, offers to furnish or advertises the furnishing of escorts as one of its primary business purposes for any fee, tip or other consideration.
8. "Nude model studio" has the same meaning prescribed in section 11-821.
9. "Nude", "nudity" or "state of nudity" has the same meaning prescribed in section 11-821.
10. "Seminude" has the same meaning prescribed in section 11-821.
11. "Specific anatomical areas" has the same meaning prescribed in section 11-821.
12. "Specific sexual activities" has the same meaning prescribed in section 11-821.
Page 1, line 10, after "LEAST" strike remainder of line; strike line 11, insert "THREE FEET FROM ANY PATRON OR CUSTOMER AND WHO IS ON A PERMANENTLY CONSTRUCTED STAGE THAT IS ELEVATED AT LEAST EIGHTEEN INCHES ABOVE THE FLOOR."
Strike lines 12 through 16, insert:
"C. NO PERSON, WHILE NUDE OR SEMI-NUDE, SHALL PERFORM IN AN ADULT ORIENTED BUSINESS OTHER THAN IN A ROOM THAT IS AT LEAST ONE THOUSAD SOUARE FEET IN AREA. NO ROOM MEETING THE ONE THOUSAND SOUARE FOOT MINIMUM REOUIREMENT OF THIS SUBSECTION SHALL CONTAIN WITHIN IT A WALL, PARTITION OR ROOM DIVIDER."
Between lines 19 and 20, insert:
"E. NOTHWITHSTANDING SUBSECTIONS B AND D, A PATRON OR CUSTOMER MAY TIP A SEMINUDE EMPLOYEE BY MEANS OF THE ARM AND HAND OF THE PATRON FULLY EXTENDED OUTWARD FROM THE BODY TO THE ARMS AND HAND OF THE SEMINUDE EMPLOYEE FULLY EXTENDED OUTWARD FROM THE BODY."
Reletter to conform
Line 20, strike the blank, insert "1 MISDEMEANOR"
Between lines 23 and 24 insert:
"2. "EMPLOYEE" MEANS AN INDIVIDUAL WHO IS HIRED, ENGAGED OR AUTHORIZED TO PERFORM ANY SERVICE ON THE PREMISES OF AN ADULT ORIENTED BUSINESS ON A FULL-TIME, PART-TIME OR CONTRACT BASIS, WHETHER OR NOT THE INDIVIDUAL IS DENOMINATED AS AN EMPLOYEE, INDEPENDENT CONTRACTOR OR OTHERWISE."
Renumber to conform Line 25, after the "11-821" insert "BUT EXCLUDES ANY ESTABLISHMENT LICENSED UNDER TITLE 4 AND REGULATED BY SECTION 4-244.05."
Between lines 28 and 29, insert:
"G. "THIS SECTION DOES NOT INVALIDATE AN ORDINANCE OF OR PROHIBIT THE ADOPTION OF AN ORDINANCE BY A COUNTY, CITY OR TOWN THAT IS MORE STRINGENT OR IN ADDITION TO THIS SECTION."
Line 36, strike the blank, insert "1 MISDEMEANOR"
After line 41, insert:
"E. THIS SECTION DOES NOT INVALIDATE AN ORDINANCE OF OR PROHIBIT THE ADOPTION OF AN ORDINANCE BY A COUNTY, CITY OR TOWN THAT IS MORE STRINGENT OR IN ADDITION TO THIS SECTION."
Page 39, after "11-821" insert "BUT EXCLUDES ANY ESTABLISHMENT LICENSED UNDER TITLE 4 AND REGULATED BY SECTION 4-244.05."
Sec. 4 Conditional enactment
This act does not become effective unless House Bill 2360, 44th legislature, second regular session, relating to liquor licensees, is enacted into law."
Amend title to conform
Gene sez: "This is why your legislators have no time to address substantive issues. They're too busy writing this crap."
