Bill Summary – FastDemocracy

House File 2334 - Introduced
                                  HOUSE FILE 2334
                                  BY VONDRAN
                            A BILL FOR
An Act relating to public safety nuisances at adult cabarets,
  and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. NEW SECTION. 657.12 Adult cabarets.
    1. As used in this section, unless the context otherwise
 requires:
    a. “Adult cabaret” means any commercial establishment that
 more than a de minimis portion of its business involves any of
 the following:
    (1) Persons who appear or perform nude.
    (2) Live performances that are distinguished or
 characterized by an emphasis on the exposure, depiction, or
 description of a specified anatomical area or the performance
 or simulation of a specified sexual activity.
    b. “Nude” means a state of dress or undress that exposes to
 view a specified anatomical area.
    c. “Specified anatomical area” means any of the following:
    (1) Less than completely and opaquely covered human
 genitals, pubic region, buttocks, anus, or female breast
 below a point immediately above the top of the areola but not
 including any portion of the cleavage exhibited by a dress,
 blouse, shirt, leotard, bathing suit, or other wearing apparel
 provided the areola is not exposed.
    (2) Human male genitals in a discernibly turgid state, even
 if completely and opaquely covered, or any device or covering
 that, when worn, simulates human male genitals in a discernibly
 turgid state.
    d. “Specified sexual activity” means any of the following:
    (1) The fondling or touching of one person’s genitals, pubic
 region, buttocks, anus, or female breasts by another person.
    (2) Sex acts, actual or simulated, including cunnilingus,
 fellatio, anilingus, bestiality, intercourse, oral copulation,
 or sodomy.
    (3) Masturbation, actual or simulated.
    (4) Excretory or urinary functions as part of or in
 connection with any of the activities set forth in this
 paragraph.
    2. A public safety nuisance exists when it is established by
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                                H.F. 2334
 clear and convincing evidence that an owner, manager, employee,
 contemporaneous patron, or guest of an adult cabaret commits
 any of the following acts either on the premises or within five
 hundred feet of the premises:
    a. Unlawfully discharges a firearm or uses an offensive
 weapon, as defined in section 724.1, regardless of whether it
 inflicts injury or death.
    b. Assaults another person with a dangerous weapon as
 defined in section 702.7 resulting in injury or death.
    c. Engages in a riot as defined in section 723.1 on three
 or more dates within a twelve-month period to which the police
 respond and disperse a crowd. The participants need not be the
 same persons for each incident.
    3. When the county attorney or city attorney believes
 a serious threat to the public safety exists, the county
 attorney, city attorney, or any other attorney on behalf of the
 county attorney or city attorney may file a suit in equity in
 the district court without bond seeking abatement of the public
 safety nuisance arising from an adult cabaret.
    4. a. Upon filing a suit pursuant to subsection 3, the
 petitioner may seek a temporary injunction. As part of any
 temporary injunction issued, and upon a showing of reasonable
 cause that a public safety nuisance exists, the court shall
 limit the business hours of the adult cabaret to be between the
 hours of 12:00 p.m. and 10:00 p.m. and prohibit the consumption
 of alcoholic beverages on the property.
    b. This subsection shall not be construed to prohibit the
 court from ordering any other restrictions that the court deems
 appropriate including complete closure during the pendency of
 the action.
    5. Upon finding a public safety nuisance exists, after
 trial, the court may enter judgment declaring the existence of
 the nuisance and ordering such remedial action to abate the
 nuisance as the court determines reasonable. The abatement
 order may take the form of an injunction. The duration of such
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                                        H.F. 2334
  abatement order may be up to two years. Remedial action may
  include but is not limited to temporary or complete closure,
  change in business practice or operation, or posting of a bond.
  If a bond is ordered and posted, the bond shall be subject
  to forfeiture, in whole or in part, for any further actions
  contrary to the abatement order.
                            EXPLANATION
         The inclusion of this explanation does not constitute agreement with
         the explanation’s substance by the members of the general assembly.
    This bill provides the circumstances where an adult
 cabaret is deemed to be a public safety nuisance and provides
 penalties. The bill provides that a public safety nuisance
 exists when an owner, manager, employee, contemporaneous
 patron, or guest of an adult cabaret commits any of the
 following acts either on the premises or within 500 hundred
 feet of the premises: (1) unlawfully discharges a firearm or
 uses an offensive weapon, (2) assaults another person with a
 dangerous weapon resulting in injury or death, or (3) engages
 in a riot three or more times in a 12-month period. The riot
 participants need not be the same persons for each incident.
    The bill provides when the county attorney or city attorney
 believes a serious threat to the public safety exists, the
 county attorney, city attorney, or any other attorney on
 behalf of the county attorney or city attorney may file a suit
 in equity in the local district court without bond seeking
 abatement of a public safety nuisance arising from an adult
 cabaret.
    The bill provides that upon filing a suit, the petitioner
 may seek a temporary injunction which can include limitation
 of business hours of the adult cabaret and a prohibition on
 the consumption of alcoholic beverages on the property. The
 court may also order any other restrictions that it deems
 appropriate.
    The bill provides that if the court finds that a public
 safety nuisance exists, the court may enter judgment declaring
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                                H.F. 2334
 the existence of the nuisance and ordering such remedial
 action to abate the nuisance. The abatement order may include
 an injunction of up to two years, temporary or complete
 closure, change in business practice or operation, or posting
 of a bond. Additionally, pursuant to Code section 657.3
 (penalty —— abatement), a person who is convicted of erecting,
 causing, or continuing a public or common nuisance is guilty
 of an aggravated misdemeanor. An aggravated misdemeanor is
 punishable by confinement for no more than two years and a fine
 of at least $855 but not more than $8,540.
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