Strip Tease - Cabaret Concerns In Missouri

The "he" is state Sen. Matt Bartle, who has led an unwavering anti-adult campaign since he first introduced SB 32 in February.

While the anti-adult provisions of HB 972 are not quite as bad as the language in previous versions, it is reportedly still onerous enough that retailers and cabaret owners will almost certainly be challenging it in court.

Unfortunately, the text of HB 972 is not yet available, so the information which follows is subject to correction when the final copy of the bill is in hand.

"There were two provisions removed from HB 972," said Travis Brown, partner in the lobbying firm of Gaines Brown Consulting LLC, which has been retained by several adult businesspersons to work on the legislation. "Sec. 67.2540 of HB 353, all the definitions, that was left in, and also the majority of Sec. 67.2552, except they took out the tipping provision in item 3, and item 6, the hours of operation limitation. Other than that, I think it was pretty much the same."

The language in HB 353 which has been stricken from HB 972 is:

"3. It shall be a class A misdemeanor for an employee, while semi-nude in a sexually-oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in a sexually-oriented business."

And, "6. No sexually-oriented business may remain open at any time between the hours of midnight and ten a.m. on weekdays and Saturdays. Such businesses shall be closed on all official state or federal holidays and Sundays."

"Also, under the Senate substitute originally proposed by Sen. Bartle, there was a Sec. 311.488, which is the liquor law of the state of Missouri," Brown continued. "That would have said, 'The Supervisor of the Division of Alcohol and Tobacco Control shall not issue a license to sell intoxicating liquor or non-intoxicating beer to a sexually oriented business as defined by 67.2540.' So they were trying to take away the cabarets' liquor licenses, and we were very concerned about that for obvious reasons. That did not make it; it was stripped out in the conference committee report of HB 353, and also was not in the version of HB 972 that was passed."

Cabarets still face plenty of problems under HB 972, however, including the requirement that nude and semi-nude employees must remain at all times at least 10 feet from customers, and on a stage two feet high, behind a two-foot high railing. How the dancers are supposed to collect tips from that position is currently unknown.

"The cabaret owners who were there were pretty upset, said it was going to kill them, destroy them," said Symm-Gruender. "It's going to be really difficult for them."

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