Amends TCA Title 7, Chapter 51, Part 14.

This bill creates an offense for a person who engages in an adult cabaret performance on public property or in a location where the adult cabaret performance could be viewed by a person who is not an adult. The bill defines an "adult cabaret performance" to mean a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to a prurient interest, or similar entertainers, regardless of whether or not performed for consideration. A first violation of this offense is a Class A misdemeanor, and a second or subsequent violation of this offense is a Class E felony. This bill also expressly: (1) Preempts an ordinance, regulation, restriction, or license that was lawfully adopted or issued by a political subdivision prior to July 1, 2023, that is in conflict with this bill; and (2) Prevents or preempts a political subdivision from enacting and enforcing in the future other ordinances, regulations, restrictions, or licenses that are in conflict with this bill. ON FEBRUARY 9, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 3, AS AMENDED. AMENDMENT #1 rewrites this bill and creates an offense for a person who engages in adult cabaret entertainment on public property or in a location where the adult cabaret entertainment could be viewed by a person who is not an adult. This amendment defines "adult cabaret entertainment" as adult-oriented performances that are harmful to minors, as such term is defined under present law; feature go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers; and include a single performance or multiple performances by an entertainer. An "entertainer" means a person who provides: (1) Entertainment within an adult-oriented establishment, regardless of whether a fee is charged or accepted for entertainment and regardless of whether entertainment is provided as an employee, escort, or an independent contractor; or (2) Adult cabaret entertainment, regardless of whether a fee is charged or accepted for entertainment and regardless of whether entertainment is provided as an employee or an independent contractor. Present law defines "harmful to minors" as that quality of any description or representation, in whatever form, of nudity, sexual excitement, sexual conduct, excess violence, or sadomasochistic abuse when the matter or performance: (1) Would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful, or morbid interests of minors; (2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (3) Taken as a whole lacks serious literary, artistic, political, or scientific values for minors. A first violation of this offense is a Class A misdemeanor, and a second or subsequent violation of this offense is a Class E felony. This amendment also expressly: (1) Preempts an ordinance, regulation, restriction, or license that was lawfully adopted or issued by a political subdivision prior to April 1, 2023, that is in conflict with this amendment; and (2) Prevents or preempts a political subdivision from enacting and enforcing in the future other ordinances, regulations, restrictions, or licenses that are in conflict with this amendment. ON FEBRUARY 23, 2023, THE HOUSE SUBSTITUTED SENATE BILL 3 FOR HOUSE BILL 9. ADOPTED AMENDENT #1, AND PASSED SENATE BILL 3, AS AMENDED. AMENDMENT #1 incorporates the changes made by Senate Amendment #1 with the following differences: (1) This amendment restores language specifying that adult-oriented entertainment featuring topless dancers is a form of adult cabaret entertainment; and (2) This amendment revises part of the definition of "entertainer" by replacing provision of adult cabaret entertainment with provision of a performance of actual or simulated specified sexual activities regardless of whether a fee is charged or accepted for the performance and regardless of whether the performance is provided as an employee or an independent contractor.