Bill Text: IN SB0183 | 2012 | Regular Session | Introduced
Bill Title: Sexually oriented businesses.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2012-01-12 - Senator Walker added as coauthor [SB0183 Detail]
Download: Indiana-2012-SB0183-Introduced.html
Citations Affected: IC 24-4-18; IC 32-30-7-1.
Synopsis: Sexually oriented businesses. Defines "sexually oriented
business". Prohibits the sale or use of alcohol at a sexually oriented
business. Establishes certain requirements concerning persons who
own a sexually oriented business, and prohibits the establishment of a
sexually oriented business in certain locations. Provides that a person
less than 18 years of age may not enter a sexually oriented business,
prohibits an employee who is regularly in a state of seminudity from
touching a patron, and establishes requirements concerning the design,
size, furnishings, and hours of operation of a sexually oriented
business. Specifies that a sexually oriented business that repeatedly
violates certain requirements is an indecent nuisance and is subject to
abatement in the same manner as other indecent nuisances.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Chapter 18. Sexually Oriented Businesses
Sec. 1. The following definitions apply throughout this chapter:
(1) "Adult arcade" means any place to which the public is permitted or invited in which coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
(2) "Adult books or videos" means:
(A) books, magazines, periodicals, or other printed matter; or
(B) photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations;
that are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas.
(3) "Adult bookstore" or "adult video store" means a commercial establishment in which adult books or videos form at least thirty percent (30%) of:
(A) the establishment's displayed merchandise;
(B) the wholesale value of the establishment's displayed merchandise;
(C) the retail value of the establishment's displayed merchandise;
(D) the establishment's total revenue; or
(E) the establishment's interior business space.
The term includes a commercial establishment that operates or maintains an adult arcade.
(4) "Adult cabaret" means a night club, bar, juice bar, restaurant, bottle club, or other commercial establishment, regardless of whether alcoholic beverages are served, that regularly features persons who appear seminude.
(5) "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, DVDs, slides, digital images, or similar photographic reproductions, that are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas, are regularly shown to more than five (5) persons.
(6) "Characterized by" means describing the essential character or dominant theme of an item.
(7) "Employ", "employee", or "employment" refers to any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated as an employee, independent contractor, agent, lessee, or otherwise. The term does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
(8) "Establish" or "establishment" includes:
(A) the opening of any sexually oriented business as a new business;
(B) the conversion of an existing business, whether or not
a sexually oriented business, into a sexually oriented
business; or
(C) the addition of a sexually oriented business to any
other existing sexually oriented business.
(9) "Influential interest" means any of the following:
(A) the actual power to operate a sexually oriented
business or control the operation, management, or policies
of a sexually oriented business or legal entity that operates
the sexually oriented business;
(B) ownership of a financial interest of thirty percent
(30%) or more of a business or of any class of voting
securities of a business; or
(C) holding an office, such as president, vice president,
secretary, treasurer, managing member, or managing
director, in a legal entity that operates the sexually
oriented business.
(10) "Nudity" means the showing of the human male or
female genitals, pubic area, vulva, anus, or anal cleft or
cleavage, with less than a fully opaque covering, or the
showing of the female breast with less than a fully opaque
covering of any part of the nipple or areola.
(11) "Operator" means any person on the premises of a
sexually oriented business who causes the business to function,
puts or keeps in operation the business, or is authorized to
manage the business or exercise overall operational control of
the business premises. A person may operate or cause a
sexually oriented business to be operated even if the person is
not an owner, part owner, or licensee of the business.
(12) "Premises" means the real property upon which a
sexually oriented business is located, and includes buildings,
grounds, private walkways, and parking areas.
(13) "Regularly" means the consistent and repeated doing of
an act on an ongoing basis.
(14) "Semi-nude" or "state of semi-nudity" means the
showing of the female breast below a horizontal line across
the top of the areola and extending across the width of the
breast at this point, or the showing of the male or female
buttocks. The term includes showing the lower part of the
human female breast, but does not include any part of the
cleavage of the female breasts exhibited by a bikini, dress,
blouse, shirt, leotard, or similar wearing apparel, if the areola
is not exposed in whole or in part.
(15) "Semi-nude model studio" means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. The term does not apply to any place where persons appearing in a state of semi-nudity do so in a modeling class operated:
(A) by a college, junior college, or university supported entirely or partly by taxation;
(B) by a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(C) in a structure:
(i) that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
(ii) where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.
(16) "Sexual encounter center" means a business or commercial enterprise that, as one (1) of its principal purposes, purports to offer, for any form of consideration, physical contact in the form of wrestling or tumbling between two (2) or more persons when one (1) or more of the persons is semi-nude.
(17) "Sexually oriented business"means an adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio, or a sexual encounter center.
(18)"Specified anatomical areas" means the:
(A) less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
(B) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(19) "Specified criminal act" means any of the following offenses (including an attempt or conspiracy to commit the offense) if less than eight (8) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is later:
(A) A sex offense (as defined in IC 11-8-8-5.2).
(B) Prostitution (IC 35-45-4-2).
(C) Patronizing a prostitute (IC 35-45-4-3).
(D) Promoting prostitution (IC 35-45-4-4).
(E) Human trafficking (IC 35-42-3.5-1).
(F) An offense relating to obscenity or distributing material harmful to minors under IC 35-49-3.
(G) Money laundering (IC 35-45-15-5).
(H) An offense relating to the failure to pay a tax.
(I) An offense committed in another jurisdiction that is substantially similar to an offense described in this subdivision.
(20) "Specified sexual activity" means any of the following acts:
(A) Intercourse, oral copulation, masturbation, or sodomy.
(B) Excretory functions as a part of or in connection with any of the activities described in clause (A).
(21) "Viewing room" means the room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, DVD, or other video or digital reproduction.
Sec. 2. (a) A person may not establish a sexually oriented business within one thousand (1,000) feet of a preexisting primary or secondary school, house of worship, state licensed day care facility, public library, public park, residence, or other sexually oriented business.
(b) In determining whether a sexually oriented business is located within one thousand (1,000) feet of a location described in subsection (a), measurement must be made in a straight line, without regard to intervening structures or objects, from the closest part of the parcel containing the sexually oriented business to the closest part of the parcel containing the preexisting primary or secondary school, house of worship, state licensed day care facility, public library, public park, residence, or other sexually oriented business.
Sec. 3. A person may not establish a sexually oriented business if a person with an influential interest in the sexually oriented business has been convicted of or pled guilty or nolo contendere to a specified criminal act.
Sec. 4. A person who knowingly or intentionally appears in a state of nudity in a sexually oriented business commits performing an unlawful nude act, a Class C misdemeanor.
Sec. 5. (a) This section does not apply to an employee who appears in a seminude condition in an adult oriented business if the
employee is:
(1) on a stage raised at least eighteen (18) inches from the
floor;
(2) in a room at least six hundred (600) square feet in size; and
(3) at least six (6) feet away from any patron or customer.
(b) A person who knowingly or intentionally appears in a
seminude condition in a sexually oriented business commits
performing an unlawful seminude act, a Class C misdemeanor.
Sec. 6. An employee who regularly appears in a seminude
condition in a sexually oriented business who knowingly or
intentionally touches a customer or the clothing of a customer
while on the premises of the sexually oriented business commits
unlawful touching at a sexually oriented business, a Class C
misdemeanor.
Sec. 7. A person who knowingly, intentionally, or recklessly
permits a person less than eighteen (18) years of age to be on the
premises of a sexually oriented business commits permitting an
underage person access to a sexually oriented business, a Class C
misdemeanor.
Sec. 8. A sexually oriented business that exhibits on the
premises, through any mechanical, electronic, or digital image
producing device, a film, video cassette, DVD, or other video
reproduction, characterized by an emphasis on the display of
specified sexual activities or specified anatomical areas shall
comply with the following requirements:
(1) The interior of the premises must be configured so that
there is an unobstructed view from an operator's station of
every area of the premises, including the interior of each
viewing room but excluding restrooms, to which any patron
is permitted access for any purpose.
(2) An operator's station may not exceed thirty-two (32)
square feet of floor area.
(3) If the premises has two (2) or more operator's stations
designated, the interior of the premises must be configured so
that there is an unobstructed view of each area of the
premises, including the interior of each viewing room but
excluding restrooms, to which any patron is permitted access
for any purpose from at least one (1) of the operator's
stations.
(4) The view required under this subsection must be by direct
line of sight from the operator's station.
(5) It is the duty of the operator to ensure that at least one (1)
employee is on duty and situated in an operator's station at all
times that any patron is on the part of the premises monitored
by the operator's station.
(6) The operator and any employees present on the premises
shall ensure that the view area specified in this section
remains unobstructed by any doors, curtains, walls,
merchandise, display racks, or other materials or enclosures
at all times that any patron is present on the premises.
Sec. 9. (a) Notwithstanding sections 5 and 8 of this chapter, a
sexually oriented business that does not have a stage or interior
configuration that meets the minimum requirements of sections 5
and 8 of this chapter is not required to comply with the stage and
interior configuration requirements of these sections until January
1, 2013. However, any employee who appears within view of any
patron in a semi-nude condition shall remain, while seminude, at
least six (6) feet away from any patron or customer.
(b) This section expires January 2, 2013.
Sec. 10. An operator may not allow or permit a sexually
oriented business to be or remain open after 12 a.m. and before 6
a.m. on any day.
Sec. 11. A person who recklessly, knowingly, or intentionally
sells, furnishes, barters, uses, or consumes an alcoholic beverage on
the premises of a sexually oriented business commits use of alcohol
at a sexually oriented business, a Class C misdemeanor.
Sec. 12. (a) A person who knowingly or intentionally violates
section 2, 3, 4, 8, or 10 of this chapter commits a Class C
misdemeanor.
(b) Each:
(1) day that a violation described in subsection (a) is
permitted to exist or occur; and
(2) separate occurrence of a violation described in subsection
(a);
constitutes a separate offense.
Sec. 13. Any premises, building, dwelling, or other structure in
which a sexually oriented business is repeatedly operated or
maintained in violation of this chapter constitutes an indecent
nuisance and is subject to abatement in accordance with
IC 32-30-7. This section does not prohibit the state from employing
any other remedy available to prevent or remedy a violation of this
chapter.
Sec. 14. (a) This chapter does not preempt or otherwise prevent
a political subdivision from maintaining, enacting, or enforcing any
local ordinance, rule, regulation, resolution, or similar law
concerning the regulation of sexually oriented businesses or similar
adult oriented businesses that is stricter than but not inconsistent
with this chapter.
(b) A political subdivision may maintain, enact, and enforce a
local ordinance, rule, regulation, resolution, or other similar law
concerning the regulation of sexually oriented businesses or similar
adult oriented businesses that is the same as or stricter than but
not inconsistent with this chapter.
(1) place in or upon which prostitution (as described in IC 35-45-4) is conducted, permitted, continued, or exists;
(2) public place in or upon which deviate sexual conduct (as defined in IC 35-41-1-9) or sexual intercourse (as defined in IC 35-41-1-26) is conducted, permitted, continued, or exists;
(3) public place in or upon which the fondling of the genitals of a person is conducted, permitted, continued, or exists; or
(4) sexually oriented business (as defined in IC 24-4-18-1(17)) that is repeatedly operated or maintained in violation of IC 24-4-18;
