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House Journal: Page 1157: Thursday, April 10, 1997

15     2.  For purposes of this section, the term "in the
16   presence of a minor" shall mean any of the following:
17     a.  When a minor is physically present during the
18   activity.
19     b.  When the activity is conducted in the residence
20   of a minor.
21     c.  When the activity is conducted in a residence
22   where minors can reasonably be expected to be present.
23     d.  When the activity is conducted in a room
24   offered to the public for overnight accommodation.
25     Sec. 2.  Section 728.1, Code 1997, is amended by
26   adding the following new subsection:
27     NEW SUBSECTION.  5A.  "Place of business" means the
28   premises of a business required to obtain a sales tax
29   permit pursuant to chapter 422, the premises of a
30   nonprofit or not-for-profit organization, and the
31   premises of an establishment which is open to the
32   public at large or where entrance is limited by a
33   cover charge or membership requirement.
34     Sec. 3.  Section 728.5, Code 1997, is amended to
35   read as follows:
36     728.5  PUBLIC INDECENT EXPOSURE IN CERTAIN
37   ESTABLISHMENTS.
38     A holder of a liquor license or beer permit or any
39   An owner, manager, or person who exercises direct
40   control over any licensed premises defined in section
41   123.3, subsection 20 a place of business required to
42   obtain a sales tax permit shall be guilty of a serious
43   misdemeanor under any of the following circumstances:
44     1.  If such person allow allows or permit
permits
45   the actual or simulated public performance of any sex
46   act upon or in such licensed premises place of
47   business.
48     2.  If such person allow allows or permit
permits
49   the exposure of the genitals or buttocks or female
50   breast of any person who acts as a waiter or waitress.

Page 2  

 1     3.  If such person allow allows or permit
permits
 2   the exposure of the genitals or female breast nipple
 3   of any person who acts as an entertainer, whether or
 4   not the owner of the licensed premises place of
 5   business in which the activity is performed employs or
 6   pays any compensation to such person to perform such
 7   activity.
 8     4.  If such person allow allows or permit
permits
 9   any person to remain in or upon the licensed premises
10   place of business who exposes to public view the
11   person's genitals, pubic hair, or anus.
12     5.  If such person allow or permit the displaying
13   of moving pictures, films, or pictures depicting any
14   sex act or the display of the pubic hair, anus, or

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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Last update: Tue Apr 15 03:40:03 CDT 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/01100/01157.html
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