SF716 (Legislative Session 94 (2025-2026))
Drag performances as adult entertainment classification
AI Generated Summary
Purpose and intent
- The bill aims to classify drag performances as a form of adult entertainment and to expand location restrictions on adult entertainment establishments. It seeks to tighten where these establishments can operate, with the goal of protecting the public, including minors, from exposure and ensuring certain areas (like residential zones and schools) are more protected from such venues.
Main provisions at a glance
- Adds and clarifies definitions related to adult entertainment and drag performances in Minnesota law.
- Establishes stricter distance and location rules for adult entertainment establishments, including drag performances.
- Changes apply to the Minnesota Statutes governing nudity, sexual conduct, and related definitions used to determine what counts as adult entertainment.
Key definitions added or clarified
- Adult entertainment establishment: A business open only to adults that presents live performances distinguished by emphasis on sexual conduct or nudity, or live drag performances.
- Drag performance: A live performing act where one or more performers exhibit a gender identity different from the performer’s birth gender, using clothing, makeup, or other accessories traditionally worn by a gender different from their birth gender, intended to appeal to the prurient interests of an audience; the performer sings, lip-syncs, dances, or otherwise performs before at least two people for entertainment, regardless of payment.
- Minor: As defined in Minnesota law (the bill uses the existing definition of minor).
- Proximity/location restrictions (summarized): Distances and locations are measured between the closest property lines.
Proximity and location restrictions
- An adult entertainment establishment may not:
- Be located on public property.
- Be located where a minor can view what the establishment offers.
- Operate in the same building as or within:
- 1500 feet of another adult entertainment establishment.
- Additional distance limits from certain types of property:
- Within 500 feet of residential property (regardless of zoning).
- Within 2800 feet of a public or private elementary or secondary school, or a church, synagogue, mosque, or other place of worship.
- Distances are measured between the closest property lines.
Effects on existing law and public safety considerations
- The bill expands the scope of what counts as adult entertainment by explicitly including drag performances under that category.
- It tightens where such establishments can be located, potentially limiting where drag performances can occur and reducing visibility to minors and proximity to schools or places of worship.
- By tying drag performances to the “adult entertainment” label, it may impact licensing, zoning, and enforcement for venues that host these performances.
Notes on interpretation and terminology
- The bill uses established terms like adult entertainment establishment, drag performance, nudity, sexual conduct, and minor, aligning drag performances with the existing framework used to regulate adult venues.
- The term “prurient interest” is included to describe the intended audience appeal of drag performances, aligning with broader regulatory language in the statute.
Legislative status (context)
- Introduced and referred to Judiciary and Public Safety for consideration (as part of the current legislative process).
Relevant Terms - adult entertainment establishment - drag performance - minor - nudity - sexual conduct - prurient interest - proximity/location restrictions - public property - residential property - elementary school - secondary school - church - synagogue - mosque - place of worship - property lines - distances (feet, measurement)
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| January 27, 2025 | Senate | Action | Introduction and first reading | ||
| January 27, 2025 | Senate | Action | Referred to | Judiciary and Public Safety |
Citations
[
{
"analysis": {
"added": [
"Drag performances included in the definition of 'adult entertainment establishment'.",
"Explicit linkage to the meanings of sexual conduct (§617.241) and nudity (§617.292, subd. 3) for defining content."
],
"removed": [],
"summary": "Amends Minn. Stat. §617.242, subdivision 1 to redefine 'adult entertainment establishment' and to incorporate drag performances into the definitions, referencing sexual conduct and nudity meanings from related statutes.",
"modified": [
"Definition of 'adult entertainment establishment' broadened to include live drag performances and related criteria."
]
},
"citation": "617.242",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"Proximity limits: no establishment within 1500 feet of another adult entertainment establishment.",
"Proximity limits: no establishment within 500 feet of residential property.",
"Proximity limits: no establishment within 2800 feet of a public or private elementary or secondary school, a church, synagogue, mosque, or other place of worship."
],
"removed": [],
"summary": "Amends Minn. Stat. §617.242, subdivision 4 to establish proximity/location restrictions for adult entertainment establishments.",
"modified": []
},
"citation": "617.242",
"subdivision": "subdivision 4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References to the meaning of 'sexual conduct' as defined in Minn. Stat. §617.241; the bill uses this existing definition without modifying §617.241 itself.",
"modified": []
},
"citation": "617.241",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References to the meaning of 'minor' as defined in Minn. Stat. §617.292, subdivision 2; the bill uses this existing definition without modifying §617.292 subdivision 2.",
"modified": []
},
"citation": "617.292",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References to the meaning of 'nudity' as defined in Minn. Stat. §617.292, subdivision 3; the bill uses this existing definition without modifying §617.292 subdivision 3.",
"modified": []
},
"citation": "617.292",
"subdivision": "subdivision 3"
}
]Progress through the legislative process
In Committee