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Senate Bill 1144

Senate Bill 1144

Phil Haunschild
March 14, 2017

Bill Description: This bill would exempt businesses which present theatrical and artistic performances from Idaho Code regulations on the sale of alcohol in conjunction with sexually oriented entertainment.


Analyst’s Note: This bill is a revised version of Senate Bill 1114 from earlier this legislative session. The changes made are to replace the word “permitee” with “licensee” and to specify “live conduct” instead of just “conduct” in regards to the prohibited actions.

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market? 

This bill would amend Idaho Code 23-614, to allow for a “theatrical or artistic performance which, when considered as a whole and in the context that it is used, expresses matters of serious literary, artistic, scientific or political value.” Such a performance must be held at a theater, concert hall, art center, museum, event center, or any other establishment or venue licensed to serve alcohol either permanently or temporarily. This exception would protect the goal of the section, preventing “undesirable secondary effects that include criminal and other unlawful activities that have regularly and historically occurred in connection with such establishments. Those effects include prostitution, drug use, breaches of the peace, assaults, and sexual conduct involving contact between performers or other employees and patrons.” This legislation would allow for events which have not historically been tied to these undesirable effects. (+1)

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