Missouri Anti-Porn Bill Reborn
By: Mark Kernes
Posted: 2:30 pm PDT 5-4-2005
<snip to get to the juicy parts>
Just one week after the Local Government Committee debacle, lo and behold, much of the text of SB 32 has reappeared as a Senate Committee (read: "Bartle") amendment to HB 353, whose original function was to give more power to the Missouri capitol police squad, and to define which chemicals are now illegal to be manufactured or possessed under Missouri law (looks like just about everything but aspirin).
Left behind is SB 32's most onerous provision, requiring all adult businesses to charge a $5 admission tax, and to pay a 20 percent tax on adjusted gross earnings. The HB 353 provisions contain no taxes on adult whatsoever.
Resurrected is the definition for "sexually-oriented business" which now means, "An adult cabaret or any business which offers its patrons goods of which a substantial portion are sexually-oriented material. No building, premises, structure, or other facility that contains any sexually-oriented businesses shall contain any other kind of sexually-oriented businesses."
Gone is the requirement from SB 32 that "any business where more than ten percent of display space is used for sexually-oriented materials shall be presumed to be a sexually-oriented business," but the unconstitutional vagueness of "substantial portion" remains for Missouri's courts – and eventually for the U.S. Supreme Court – to work out.
more -
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=225886