Branson to regulate Drag Queen Shows?
Editor's Note: Be advised that some of the language in the ordinances referenced in this article is of an adult nature, and may be offensive to some readers. The print version of this article omitted these specific ordinances. Please contact us if you have questions.
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[Special Note: To keep the below article in context, please note that during the “Reports” section of the June 6, 2023, City of Branson Planning Commission, Mark Colussy, Director of Planning & Development, for the city, alerted the Commission that there was the possibility of changes about definitions coming before the Commission perhaps as early as its July meeting. When asked for an example of the “definitions” under consideration, Director Colussy mentioned “Adult Entertainment.”]
Recently, public concern about a “Drag Queen Show” came to the attention of the Branson Board of Aldermen (BOA). Many people opposed Drag Shows during the last two BOA meetings during the Public Comment portion of the meeting.
Below are the answers to questions the Branson Globe sent to the city on June 5, 2023, regarding the issue and the city’s response received on June 6, 2023, at 1:06 p.m.
Q: Is there any provision in the Branson Municipal Code currently that prohibits Drag Queen shows in Branson?
A: No.
Q: Is there any provision in the Branson Municipal Code that classifies Drag Queen shows as “Adult Entertainment?”
A: Not specifically; however, they could be if they include specified sexual activities as defined in code section 94-5. Below is the applicable ordinance:
“Adult entertainment means any of the establishments, businesses, buildings, structures, or facilities defined in this section.
1. Adult bookstore means an establishment having at least a ten percent portion of its stock in trade, books, photographs, magazines, films for sale or rental, viewing on the premises by use of motion picture devices, or other coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein.
2. Adult entertainment facility means any building, structure, or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, videotapes, or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, videotape or film presentation), where the patrons either:
a. Engage in personal contact with, or allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
a. Observe any live presentation, videotape, or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with a transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with a transparent or opaque covering or to observe specified sexual activities as said term is defined herein.
3. Adult massage establishment means an establishment which has a fixed place of business having a source of income or compensation of 60 percent or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage. Under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his/her behalf will pay money or give any other consideration or gratuity, provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist, or professional masseuse, licensed by the state.
4. Bathhouse means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the state.
5. Specified sexual activities:
a. “Sexual conduct,” being acts of masturbation, sexual intercourse, or physical contact with a person’s unclothed genitals, pubic area, buttocks or, if such person be a female, her breast;
b. “Sexual excitement,” is the condition of human male or female genitals when in a state of sexual stimulation or arousal; or
c. “Sadomasochistic abuse,” being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.”
Q: Currently, must Drag Queen Shows comply with all applicable provisions of the Branson Municipal Code?
A: Yes, as do all City of Branson businesses.
Q: Would this include those provisions of the Code relating to disorderliness, indecency, or obscenity?
A: Yes. All businesses in Branson must comply with any codes relating to disorderliness, indecency, or obscenity. Specifically, Sec. 58-181, Sec. 58-231, and Sec. 6-166, which outlines all prohibited acts by all retail licensees.
Q: Is the City currently studying changing the Branson Municipal Code regarding the conduct of Drag Queen Shows in Branson?
A: Yes, under the direction of the Mayor at the last Board of Aldermen meeting, staff has been directed to review the Branson Municipal Code.
Q: Will the City follow the normal rule-making procedure in changing the Branson Municipal Code regarding the conduct of such shows?
A: Yes. If there are any changes to the Branson Municipal Code, any updates will go through the standard updating procedures.
Q: When will be the first opportunity for the public to comment on changes to the Branson Municipal Code relating to regulating Drag Queen Shows?
A: Many people have already taken the opportunity to comment on the Branson Municipal Code relating to Drag Queen Shows during the last two Board of Aldermen public comment sections. If there are any proposed changes to the Branson Municipal Code, it will be placed on the Agenda of a Board of Aldermen meeting, at which the public may comment.