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Senate File 81

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  728.5A  ADMITTING MINORS TO
  1  2 PREMISES WHICH PERMIT CERTAIN NUDE PERFORMANCES OR ACTIVITIES.
  1  3    1.  An owner, manager, or person who exercises direct
  1  4 control over a place of business required to obtain a sales
  1  5 tax permit commits an aggravated misdemeanor if the person
  1  6 admits or allows a minor to enter the business premises and
  1  7 any of the following circumstances apply:
  1  8    a.  The person allows or permits the actual or simulated
  1  9 public performance upon the premises of or in the place of
  1 10 business of any sex act.
  1 11    b.  The person allows or permits the exposure of the
  1 12 genitals or buttocks or female breast of any person who acts
  1 13 as a waiter or waitress at the place of business.
  1 14    c.  The person allows or permits the exposure of the
  1 15 genitals or female breast nipple of any person who acts as an
  1 16 entertainer, whether or not the owner of the place of business
  1 17 in which the activity is performed employs or pays any
  1 18 compensation to the person for the performance of the
  1 19 activity.
  1 20    d.  The person allows or permits any person to remain in or
  1 21 upon the premises of the place of business if the person
  1 22 exposes to public view the person's genitals, pubic hair, or
  1 23 anus.
  1 24    e.  The person advertises that any of the activities
  1 25 described in paragraphs "a" through "d" are allowed or
  1 26 permitted in the place of business.
  1 27    2.  This section shall not apply to a theater, concert
  1 28 hall, art center, museum, or similar establishment which is
  1 29 primarily devoted to the arts or theatrical performances and
  1 30 in which any of the circumstances contained in this section
  1 31 were permitted or allowed as part of an art exhibit or
  1 32 performance.
  1 33    Sec. 2.  Section 728.8, Code 1999, is amended to read as
  1 34 follows:
  1 35    728.8  SUSPENSION OF LICENSES OR PERMITS.
  2  1    Any person who knowingly permits a violation of section
  2  2 728.2, 728.3, or 728.5, subsection 6, or 728.5A, to occur on
  2  3 premises under the person's control shall have all permits and
  2  4 licenses issued to the person under state or local law as a
  2  5 prerequisite for doing business on such premises revoked for a
  2  6 period of six months.  The county attorney shall notify all
  2  7 agencies responsible for issuing licenses and permits of any
  2  8 conviction under section 728.2, 728.3, or 728.5, subsection 6,
  2  9 or 728.5A.
  2 10    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  2 11 3, shall not apply to this Act.  
  2 12                           EXPLANATION 
  2 13    This bill adds new Code section 728.5A, which establishes
  2 14 an aggravated misdemeanor penalty for persons who allow a
  2 15 minor to enter business premises required to obtain a sales
  2 16 tax permit where any of the following occurs:  actual or
  2 17 simulated performance of a sex act; exposure of genitals,
  2 18 buttocks, or breasts of any waiter or waitress; exposure of
  2 19 genitals or female breast nipple of any entertainer; exposure
  2 20 of genitals, pubic hair or anus.  The serious misdemeanor
  2 21 penalty also applies if the person advertises that any such
  2 22 activities are allowed or permitted on the premises.
  2 23    The bill also amends Code section 728.8 to provide for the
  2 24 revocation of permits and licenses for violations of Code
  2 25 section 728.5A.
  2 26    This bill may include a state mandate as defined in Code
  2 27 section 25B.3.  This bill makes inapplicable Code section
  2 28 25B.2, subsection 3, which would relieve a political
  2 29 subdivision from complying with a state mandate if funding for
  2 30 the cost of the state mandate is not provided or specified.
  2 31 Therefore, political subdivisions are required to comply with
  2 32 any state mandate included in this bill.  
  2 33 LSB 1829SS 78
  2 34 jj/cf/24
     

Text: SF00080                           Text: SF00082
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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