HB 321 -- SEXUALLY ORIENTED BUSINESSES

SPONSOR:  Emery

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 9 to 4 with 1 present.

This bill regulates sexually oriented businesses by limiting
their geographic location, ownership interests, state of dress
and actions of persons within the sexually oriented business,
minimum age of patrons, use or sale of alcohol on site, hours of
operation, and location of private viewing booths within the
sexually oriented business and specifies the penalties for
violations of these restrictions.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that the bill will provide
communities with a measure of security from what are inaccurately
called "adult businesses."  The bill establishes recognizable,
definable community standards, because there are very clear
secondary and tertiary effects on communities where sexually
oriented businesses are located.  The definitions used do not
violate the constitutional right to free speech, and this
language has already cleared the court system.  The bill will
allow limited zoning powers regarding these businesses even if
there is not countywide zoning which is very important in many
rural communities.

Testifying for the bill were Representative Emery; Scott D.
Bergthold; John L. Putnam, Citizens for a Decent Environment; Dr.
John P. Splinter, National Coalition for the Protection of
Children and Families; Dawnissa Lawrence; Missouri Eagle Forum;
Terry Franklin, The Show; Missouri Family Network; and Missouri
Baptist Convention, Christian Life Commission.

OPPONENTS:  Those who oppose the bill say that it
unconstitutionally infringes upon a content-based form of
expression, it will have an adverse economic impact on local
economies, the "secondary effects" studies have not been
scientifically rigorous, and the regulation of sexually oriented
businesses should be done at the local level.

Testifying against the bill were Missouri Association of Club
Executives; Daniel Linz; Nellie Symm-Gruender, Passions Video,
Incorporated, Passions, Too, Passions in Columbia; Angelina
Spencer, Association of Club Executives National; and American
Civil Liberties Union of Eastern Missouri.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am