Legislature(1995 - 1996)

04/05/1995 01:12 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
 TAPE 95-42, SIDE B                                                            
 Number 000                                                                    
                                                                               
 CSSB 106(JUD) - NO MINORS WORK/ATTEND ADULT BUSINESSES                    
                                                                               
 TERESA SAGER, Committee Aide, Senate Rules Committee, introduced              
 the bill.  Sponsor statement:                                                 
                                                                               
 "Senate Bill 106 would prohibit businesses that provide adult                 
 entertainment, such as strip tease establishments, from allowing              
 persons under 18 to patronize or be employed at such businesses.              
                                                                               
 "Most adult entertainment establishments in Alaska serve alcohol              
 which requires that employees be at least 19 and customers at least           
 21 years of age.  However, recently some adult entertainment                  
 businesses have opened in Anchorage and Fairbanks that do not serve           
 alcohol, therefore, the age limit rules that are usually imposed              
 because of the service of alcohol do not apply.                               
                                                                               
 "CSSB 106(JUD) aims to close that loophole, ensuring that minors              
 may not work in or patronize any such establishment, regardless of            
 the nature of the work and regardless of whether the business does            
 or does not serve alcohol.                                                    
                                                                               
 "The bill establishes the following penalties:                                
                                                                               
 Business allowing minors as patrons:                                        
                                                                               
 Class A Misdemeanor(up to $5,000 fine, up to 1 year                        
  jail)                                                                      
                                                                               
 Business employing minors, 1st offense:                                      
                                                                             
 Class A Misdemeanor (up to $5,000 fine, up to 1 year                        
 jail)                                                                         
                                                                               
 Business employing minors, 2nd & subsequent offenses:                        
                                                                               
 Class C Felony (up to $50,000 fine, up to 5 years jail)"                    
                                                                               
 REPRESENTATIVE VEZEY could not recall a single business venture               
 that has survived commercially, that has not served alcohol.  Do we           
 even need to worry about these businesses continuing?                         
                                                                               
 CHAIRMAN PORTER said one of the reasons these businesses providing            
 entertainment to minors do not work, is that the law enforcement              
 agencies in the communities are forced into monitoring these places           
 night after night after night.  This is the only way to disallow              
 the function of consuming alcohol on or near the premises.  This              
 bill would do away with the need to monitor these clubs, because it           
 would pretty well do away with the employers' ability to run them.            
                                                                               
 Number 080                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN asked about Section 3.  In (f) 1 and 2             
 we have set up a standard for what the violation is:  "dancing                
 partly or completely unclothed, removing clothes," and the                    
 penalties seem to make sense.  If you are caught doing it, you get            
 the lowest level of misdemeanor, a fine up to $500, and up to 90              
 days in jail.  Then the penalties go up from there.  None of that             
 makes any sense to me for (f) 3.  Here is a person who is                     
 participating in either actual or simulated sexual penetration, or            
 various categories of exhibition or bestiality.  It is like apples            
 and oranges in this section.  We have a little stiffer laws than              
 these already for someone who was to engage a minor in these kinds            
 of activities.  Am I missing something here?                                  
                                                                               
 MS. SAGER asked if Representative Finkelstein was saying that there           
 is a differentiation of penalties for the type of activity and for            
 the type of entertainment offered?                                            
                                                                               
 REPRESENTATIVE FINKELSTEIN answered no, but to clarify it, he                 
 completely understands the penalties and the provisions as they               
 would apply to numbers 1 and 2 under Section 3.  But when you get             
 to number 3 of Section 3, we have already got a whole variety of              
 laws that deal with an adult or individual who engages or hires a             
 minor to be involved in sexual penetration or some of these other             
 things.  It does not seem that we would want to apply these lower             
 penalties to something like this.  It does not necessarily relate             
 to what this bill is after.                                                   
                                                                               
 CHAIRMAN PORTER noted that Section 3 is a prohibition against                 
 allowing a minor to work in a premise that does this.  The                    
 presumption would be that this would be an adult premise,                     
 precluding minors from being patrons, but there are exceptions for            
 minors to work in places that have liquor licenses, for example.              
 He said he knows that there are jurisdictions within the United               
 States where they actually allow live sex acts.                               
                                                                               
 REPRESENTATIVE FINKELSTEIN said that is right but we do not allow             
 such acts.  That is the point.                                                
                                                                               
 CHAIRMAN PORTER answered that in case we ever do allow them, we are           
 saying that we are sure we do not want minors working there.                  
                                                                               
 REPRESENTATIVE FINKELSTEIN still felt that if it did occur, this is           
 way too small of a penalty for this kind of activity.                         
                                                                               
 CHAIRMAN PORTER said this would not be for the activity itself, it            
 would be just for allowing a minor to work there.                             
                                                                               
 REPRESENTATIVE FINKELSTEIN stated that Section 4 appears to be for            
 the minor, and Section 5 for the employer.                                    
                                                                               
 ANNE CARPENETI, House Judiciary Committee Aide, explained that all            
 of the penalties in this bill are for the employer, or his/her                
 agent.                                                                        
                                                                               
 REPRESENTATIVE FINKELSTEIN asked what the difference was between              
 Sections 4 and 5.                                                             
                                                                               
 MS. CARPENETI answered that Section 4 sets forth the penalty for              
 allowing a minor to be present at an establishment, whereas Section           
 5 sets the penalty for employing them at one.                                 
                                                                               
 REPRESENTATIVE FINKELSTEIN said that made sense.                              
                                                                               
 CHARLES MCKEE testified via teleconference from Anchorage.  He said           
 with what this bill is attempting to do, the penalties are not                
 stiff enough.  They are only misdemeanors.  He did not know if any            
 of the committee members would appreciate their 18-year-old                   
 daughters working in establishments such as these mentioned.  He              
 recommended these establishments be shut down.  They should not be            
 in business.  He talked to an operator last Sunday who was bragging           
 to another individual that he had 14 back rooms for activities                
 other than stage acts.  He realized who he was talking to, and they           
 do not have the appropriate liability coverage, nor does the state.           
 Under Senate Bill 53, they tried to violate his individual property           
 rights.  Seeing how they do not have the right to purchase                    
 appropriate liability coverage, they should not be in business at             
 all.                                                                          
                                                                               
 Number 270                                                                    
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY made a motion to move the bill out of           
 committee with individual recommendations and zero fiscal notes.              
 Seeing no objection, CSSB 106(JUD) moved.                                     
                                                                               

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