H.F. 2531 Section 1. NEW SECTION . 657.12 Adult cabarets. 1 1. As used in this section, unless the context otherwise 2 requires: 3 a. “Adult cabaret” means any commercial establishment that 4 more than a de minimis portion of its business involves any of 5 the following: 6 (1) Persons who appear or perform nude. 7 (2) Live performances that are distinguished or 8 characterized by an emphasis on the exposure, depiction, or 9 description of a specified anatomical area or the performance 10 or simulation of a specified sexual activity. 11 b. “Nude” means a state of dress or undress that exposes to 12 view a specified anatomical area. 13 c. “Specified anatomical area” means any of the following: 14 (1) Less than completely and opaquely covered human 15 genitals, pubic region, buttocks, anus, or female breast 16 below a point immediately above the top of the areola but not 17 including any portion of the cleavage exhibited by a dress, 18 blouse, shirt, leotard, bathing suit, or other wearing apparel 19 provided the areola is not exposed. 20 (2) Human male genitals in a discernibly turgid state, even 21 if completely and opaquely covered, or any device or covering 22 that, when worn, simulates human male genitals in a discernibly 23 turgid state. 24 d. “Specified sexual activity” means any of the following: 25 (1) The fondling or touching of one person’s genitals, pubic 26 region, buttocks, anus, or female breasts by another person. 27 (2) Sex acts, actual or simulated, including cunnilingus, 28 fellatio, anilingus, bestiality, intercourse, oral copulation, 29 or sodomy. 30 (3) Masturbation, actual or simulated. 31 (4) Excretory or urinary functions as part of or in 32 connection with any of the activities set forth in this 33 paragraph. 34 2. A public safety nuisance exists when it is established by 35 -1- LSB 5507HV (1) 90 cm/jh 1/ 4

H.F. 2531 clear and convincing evidence that an owner, manager, employee, 1 contemporaneous patron, or guest of an adult cabaret commits 2 any of the following acts either on the premises or within five 3 hundred feet of the premises: 4 a. Unlawfully discharges a firearm or uses an offensive 5 weapon, as defined in section 724.1, regardless of whether it 6 inflicts injury or death. 7 b. Assaults another person with a dangerous weapon as 8 defined in section 702.7 resulting in injury or death. 9 c. Engages in a riot as defined in section 723.1 on three 10 or more dates within a twelve-month period to which the police 11 respond and disperse a crowd. The participants need not be the 12 same persons for each incident. 13 3. When the county attorney or city attorney believes 14 a serious threat to the public safety exists, the county 15 attorney, city attorney, or any other attorney on behalf of the 16 county attorney or city attorney may file a suit in equity in 17 the district court without bond seeking abatement of the public 18 safety nuisance arising from an adult cabaret. 19 4. a. Upon filing a suit pursuant to subsection 3, the 20 petitioner may seek a temporary injunction. As part of any 21 temporary injunction issued, and upon a showing of reasonable 22 cause that a public safety nuisance exists, the court shall 23 limit the business hours of the adult cabaret to be between the 24 hours of 12:00 p.m. and 10:00 p.m. and prohibit the consumption 25 of alcoholic beverages on the property. 26 b. This subsection shall not be construed to prohibit the 27 court from ordering any other restrictions that the court deems 28 appropriate including complete closure during the pendency of 29 the action. 30 5. Upon finding a public safety nuisance exists, after 31 trial, the court may enter judgment declaring the existence of 32 the nuisance and ordering such remedial action to abate the 33 nuisance as the court determines reasonable. The abatement 34 order may take the form of an injunction. The duration of such 35 -2- LSB 5507HV (1) 90 cm/jh 2/ 4

H.F. 2531 abatement order may be up to two years. Remedial action may 1 include but is not limited to temporary or complete closure, 2 change in business practice or operation, or posting of a bond. 3 If a bond is ordered and posted, the bond shall be subject 4 to forfeiture, in whole or in part, for any further actions 5 contrary to the abatement order. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill provides the circumstances where an adult 10 cabaret is deemed to be a public safety nuisance and provides 11 penalties. The bill provides that a public safety nuisance 12 exists when an owner, manager, employee, contemporaneous 13 patron, or guest of an adult cabaret commits any of the 14 following acts either on the premises or within 500 hundred 15 feet of the premises: (1) unlawfully discharges a firearm or 16 uses an offensive weapon, (2) assaults another person with a 17 dangerous weapon resulting in injury or death, or (3) engages 18 in a riot three or more times in a 12-month period. The riot 19 participants need not be the same persons for each incident. 20 The bill provides when the county attorney or city attorney 21 believes a serious threat to the public safety exists, the 22 county attorney, city attorney, or any other attorney on 23 behalf of the county attorney or city attorney may file a suit 24 in equity in the local district court without bond seeking 25 abatement of a public safety nuisance arising from an adult 26 cabaret. 27 The bill provides that upon filing a suit, the petitioner 28 may seek a temporary injunction which can include limitation 29 of business hours of the adult cabaret and a prohibition on 30 the consumption of alcoholic beverages on the property. The 31 court may also order any other restrictions that it deems 32 appropriate. 33 The bill provides that if the court finds that a public 34 safety nuisance exists, the court may enter judgment declaring 35 -3- LSB 5507HV (1) 90 cm/jh 3/ 4

H.F. 2531 the existence of the nuisance and ordering such remedial 1 action to abate the nuisance. The abatement order may include 2 an injunction of up to two years, temporary or complete 3 closure, change in business practice or operation, or posting 4 of a bond. Additionally, pursuant to Code section 657.3 5 (penalty —— abatement), a person who is convicted of erecting, 6 causing, or continuing a public or common nuisance is guilty 7 of an aggravated misdemeanor. An aggravated misdemeanor is 8 punishable by confinement for no more than two years and a fine 9 of at least $855 but not more than $8,540. 10 -4- LSB 5507HV (1) 90 cm/jh 4/ 4