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House Journal: Page 1158: Thursday, April 10, 1997

15   genitals upon or in such licensed premises.
16     6 5.  If such person advertises that any activity
17   prohibited by this section is allowed or permitted in
18   such licensed premises place of business.
19     7 6.  If such person allows or permits a minor to
20   engage in or otherwise perform in a live act intended
21   to arouse or satisfy the sexual desires or appeal to
22   the prurient interests of patrons.  However, if such
23   person allows or permits a minor to participate in any
24   act included in subsections 1 through 4, the person
25   shall be guilty of an aggravated misdemeanor.
26     Provided that the The provisions of this section
27   shall not apply to a theater, concert hall, art
28   center, museum, or similar establishment which is
29   primarily devoted to the arts or theatrical
30   performances and in which any of the circumstances
31   contained in this section were permitted or allowed as
32   part of such art exhibits or performances.
33     Sec. 4.  Section 728.8, Code 1997, is amended to
34   read as follows:
35     728.8  SUSPENSION OF LICENSES OR PERMITS.
36     Any person who knowingly permits a violation of
37   section 728.2, 728.3, or 728.5, subsection 7 6, to
38   occur on premises under the person's control shall
39   have all permits and licenses issued to the person
40   under state or local law as a prerequisite for doing
41   business on such premises revoked for a period of six
42   months.  The county attorney shall notify all agencies
43   responsible for issuing licenses and permits of any
44   conviction under section 728.2, 728.3, or 728.5,
45   subsection 7 6.
46     Sec. 5.  Section 907.2, unnumbered paragraph 2,
47   Code 1997, is amended to read as follows:
48     Probation officers employed by the judicial
49   district department of correctional services, while
50   performing the duties prescribed by that department,

Page 3

 1   are peace officers.  Probation officers shall
 2   investigate all persons referred to them for
 3   investigation by the director of the judicial district
 4   department of correctional services which employs
 5   them.  They shall furnish to each person released
 6   under their supervision or committed to a community
 7   corrections residential facility operated by the
 8   judicial district department of correctional services,
 9   a written statement of the conditions of probation or
10   commitment.  They shall keep informed of each person's
11   conduct and condition and shall use all suitable
12   methods prescribed by the judicial district department
13   of correctional services to aid and encourage the
14   person to bring about improvements in the person's

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