Minnesota Legislature
SF 933
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/10/2023 08:12am
Current Version - as introduced
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A bill for an act
relating to public safety; classifying drag performances as adult entertainment;
expanding location restrictions of an adult entertainment establishment; amending
Minnesota Statutes 2022, section 617.242, subdivisions 1, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 617.242, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of this section:
(1) "adult entertainment establishment" means a business that is open only to adults and
that presentsnew text begin :
new text end
new text begin (i)new text end live performances that are distinguished or characterized by an emphasis on the
depiction of sexual conduct or nuditynew text begin ; or
new text end
new text begin (ii) live drag performancesnew text end ;
(2) "sexual conduct" has the meaning given in section 617.241; deleted text begin and
deleted text end
(3) nudity has the meaning given in section 617.292, subdivision 3new text begin ;
new text end
new text begin
(4) "drag performance" means a performance:
new text end
new text begin
(i) in which one or more performers:
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(A) exhibits a gender identity that is different from the performer's gender assigned at
birth using clothing, makeup, or other accessories that are traditionally worn by members
of and are meant to exaggerate the gender identity of the performer's opposite sex; and
new text end
new text begin
(B) sings, lip-synchs, dances, or otherwise performs before an audience of at least two
persons for entertainment, whether performed for payment or not; and
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(ii) that is intended to appeal to the prurient interest; and
new text end
new text begin (5) "minor" has the meaning given in section 617.292, subdivision 2new text end .
Sec. 2.
Minnesota Statutes 2022, section 617.242, subdivision 4, is amended to read:
Subd. 4.
Proximitynew text begin ; locationnew text end .
new text begin (a) new text end An adult entertainment establishment may notnew text begin :
new text end
new text begin
(1) be located on public property;
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new text begin
(2) be located where a minor can view what the adult entertainment establishment is
offering to the public that qualifies it as an adult entertainment establishment;
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new text begin (3)new text end operate in the same building as, or withinnew text begin :
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new text begin (i)new text end 1,500 feet from, another adult entertainment establishment;
new text begin (ii)new text end deleted text begin withindeleted text end 500 feet of residential property, regardless of how the property is zoned; or
new text begin (iii) new text end deleted text begin withindeleted text end 2,800 feet of a public or private elementary or secondary school or a church,
synagogue, mosque, or other place of worship.
new text begin (b)new text end new text begin For the purposes of paragraph (a), clause (3),new text end distances are measured between the
closest property lines.