Full Text of HB3911 99th General Assembly
HB3911ham001 99TH GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 3/12/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3911
| 2 | | AMENDMENT NO. ______. Amend House Bill 3911 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Sexually Oriented Business Advertising Act. | 6 | | Section 5. Purpose and intent. The purpose and intent of | 7 | | this Act is to protect public policy interests of this State, | 8 | | including but not limited to: to mitigate the adverse secondary | 9 | | effects of sexually oriented businesses, to improve traffic | 10 | | safety, to limit harm to minors, and to reduce prostitution, | 11 | | crime, juvenile delinquency, deterioration in property values, | 12 | | and lethargy in neighborhood improvement efforts. | 13 | | Section 10. Definitions. | 14 | | As used in this Section: | 15 | | "Advertises a sexually oriented business" means to make the |
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| 1 | | public aware of the location, business activity, or sexually | 2 | | oriented materials of the sexually oriented business. | 3 | | "Billboard" means a sign separate from a premises erected | 4 | | for the purpose of advertising a product, event, person, or | 5 | | subject not related to the premises on which the sign is | 6 | | located. | 7 | | "Freeway" means a divided highway of not less than 2 lanes | 8 | | in each direction to which owners or occupants of abutting | 9 | | property or the public do not have a right of ingress or egress | 10 | | to, from, or across the highway, except at points determined by | 11 | | or as otherwise provided by the authorities responsible for the | 12 | | highway. | 13 | | "Interstate highway" means any highway designated by the | 14 | | Department of Transportation and approved by the United States | 15 | | Department of Transportation as a part of the National System | 16 | | of Interstate and Defense Highways. | 17 | | "Main-traveled way" means the traveled way of a highway on | 18 | | which through traffic is carried. In the case of a divided | 19 | | highway, the traveled way of each of the separated roadways for | 20 | | traffic in opposite directions is a main-traveled way. It does | 21 | | not include facilities such as frontage roads, turning | 22 | | roadways, or parking areas. | 23 | | "Primary highway" means any highway, other than an | 24 | | Interstate highway, designated by the Department of | 25 | | Transportation and approved by the United States Department of | 26 | | Transportation as a part of the Federal-Aid Primary System in |
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| 1 | | existence on June 1, 1991 or any highway other than an | 2 | | Interstate highway that is not on the system that is on the | 3 | | National Highway System. | 4 | | "Secondary highway" means a State secondary road or county | 5 | | primary road. | 6 | | "Sexually oriented business" means any business which | 7 | | offers its patrons goods of which a majority are sexually | 8 | | oriented materials including, but not limited to: an adult | 9 | | bookstore; adult video store; adult cabaret; adult motion | 10 | | picture theater; sexual device store; or an establishment that | 11 | | regularly feature live performances characterized by the | 12 | | exposure of a specific anatomical area or by specified sexual | 13 | | activity or in which persons appear in a state of nudity or | 14 | | seminudity in the performance of their duties. A "sexually | 15 | | oriented business" does not include a business solely because | 16 | | it shows, sells, or rents materials that may depict sex. | 17 | | "Sexually oriented materials" means any textual, | 18 | | pictorial, or three-dimensional material that depicts nudity, | 19 | | sexual conduct, sexual excitement, or sadomasochistic abuse in | 20 | | a way which is patently offensive to the average person | 21 | | applying contemporary adult community standards with respect | 22 | | to what is suitable for minors. | 23 | | "Specified anatomical area" means less than completely and | 24 | | opaquely covered human genitals, pubic region, buttocks, or | 25 | | female breasts below a point immediately above the top of the | 26 | | areola; or human male genitals in a discernibly turgid state, |
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| 1 | | even if covered. | 2 | | "Specified sexual activity" means the fondling or other | 3 | | erotic touching of covered or uncovered human genitals, pubic | 4 | | region, buttocks, or female breasts. | 5 | | "Seminudity" means a state of dress in which opaque | 6 | | clothing fails to cover genitals, anus, anal cleft or cleavage, | 7 | | pubic area, vulva, or nipple and areola of the female breast. | 8 | | "Visible" means capable of being seen (whether or not | 9 | | legible) without visual aid by persons of normal visual acuity. | 10 | | Section 15. Sexually oriented business advertising. | 11 | | (a) Except as provided in subsection (b), any billboard | 12 | | within this State, otherwise allowed by law or ordinance, which | 13 | | is visible from a freeway, Interstate highway, main-traveled | 14 | | way, primary highway, or secondary highway, that advertises a | 15 | | sexually oriented business may only display words or numbers on | 16 | | the billboard, including the business name, business street | 17 | | address, business telephone number, business operating hours, | 18 | | and in addition to words and numbers may display the registered | 19 | | trademark of the business or logo of major credit cards | 20 | | accepted by the business as payment. The words, numbers, | 21 | | trademark, logo, or other information on the billboard shall | 22 | | not describe, depict, outline, or relate to a specified sexual | 23 | | activity or specified anatomical area. | 24 | | (b) A billboard advertising a sexually oriented business in | 25 | | existence on the effective date of this Act and that violates |
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| 1 | | subsection (a) of this Section, may continue as a nonconforming | 2 | | use, but only until the expiration of the billboard lease or | 3 | | one year from the effective date of this Act, whichever occurs | 4 | | sooner. | 5 | | Section 20. Penalty. A person who violates this Section | 6 | | shall be subject to a civil fine of not less than $5,000 or | 7 | | more than $10,000 for each day of violation.".
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