(a) "Adult cabaret" means a nightclub, bar restaurant, gentleman's club, or a similar establishment that regularly features:
(1) Persons who appear in a state of nudity or state of semi nudity; or
(2) Live entertainment of an erotic nature including exotic dancers, strippers or similar entertainment.
(b) "Specified criminal activity" means any of the following:
(1) Prostitution or promoting prostitution, soliciting, loitering to engage in solicitation, sexual performance by a child, public lewdness, indecent exposure, indecency with a child, sexual assault, molestation of a child, or any similar offenses to those described above under the criminal or penal code or any local jurisdiction, state, or county;
(2) For which:
A. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the latest date, if the conviction is of a misdemeanor offense; or
B. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
(3) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
(Res. 04-455A. Passed 8-30-04.)