Relating to prohibiting the possession or consumption of alcoholic beverages on the premises of certain sexually oriented businesses; creating a criminal offense; providing a criminal penalty.
Summary
SB 287 would amend the Alcoholic Beverage Code to prohibit the consumption, possession for consumption, or bringing of alcoholic beverages onto the premises of certain sexually oriented businesses that do not hold an alcohol permit or license under the code. The bill defines the covered businesses as nightclubs, bars, restaurants, or similar commercial enterprises that provide live nude entertainment or live nude performances for an audience of two or more people.
The bill also creates a criminal offense for an operator or the operator’s agent who allows alcohol to be consumed or brought onto the premises in violation of the new section. A first offense would be a Class A misdemeanor, a second conviction would be punished as a state jail felony, and a third or subsequent conviction would be punished as a third degree felony. The bill was set to take effect September 1, 2025, if enacted.
Impact
SB 287 would add a new Section 105.092 to Chapter 105 of the Alcoholic Beverage Code and revise the chapter heading to reflect broader restrictions on alcohol sale and consumption. In practical terms, it would impose a statewide prohibition on alcohol use at certain nude-entertainment venues that lack an alcohol permit or license, and it would expose operators and their agents to escalating criminal penalties for repeated violations. The bill would directly affect owners, managers, and employees of sexually oriented businesses, as well as patrons seeking to bring or consume alcohol at those establishments.
Sentiment
The available legislative history suggests the bill moved through committee without recorded opposition, as it was reported favorably by a 10-0 vote in the Senate State Affairs Committee. However, the bill was later withdrawn by the author on April 1, 2025, indicating that despite committee support, it did not advance to final enactment. No committee transcript is available here, so the broader debate cannot be reconstructed from discussion records.
Contention
The main policy issue is the regulation of sexually oriented businesses and whether alcohol should be allowed at venues featuring live nude entertainment. Supporters likely viewed the bill as a public-safety or regulatory measure aimed at restricting alcohol in these settings, while potential opponents would be expected to argue that it targets a specific type of lawful business and imposes criminal penalties on operators and employees. The absence of transcripts limits certainty about the arguments made, but the bill’s withdrawal suggests there may have been unresolved concerns about scope, enforcement, or policy direction.