Nevada Rejects Strip Clubs' Tax Refund Request

CARSON CITY, Nev. — The Nevada Tax Commission unanimously rejected arguments that a state entertainment tax unconstitutionally targets strip clubs, refusing to refund nearly $1.8 million in entertainment taxes collected from six Las Vegas clubs in early 2004.

Attorneys for the strip clubs, contending that strippers' dancing is constitutionally protected freedom of expression that should be tax-exempt, appealed the imposition of the 10 percent entertainment tax on admissions, drinks and food.

The businesses originally had filed suit in federal court, arguing they were exempt from the tax, and a judge directed the clubs to first pursue "administrative remedies" with the state.

The state Taxation Department denied the requested refund of January-April 2004 taxes, on grounds the dancing fit the definition of taxable entertainment. The appeal was filed at that point.

Attorney Brad Shafer, representing the clubs, argued that commissioners could "bury your head in the sand all you want," but, he said, the tax is invalid because it discriminates among types of live entertainment.

Shafer noted the tax does not apply to live entertainment in a nongambling facility that seats fewer than 200, and exempts some sporting venues including boxing, minor-league baseball and NASCAR races. The exemptions are "content-driven," Shafer said, and tend to favor family entertainment.

"This was to get the adult cabarets, and everything else was exempted out," Shafer added, noting the state law has more than two dozen exemptions.

Attorneys Dennis Belcourt and David Pope, representing the Taxation Department, argued that the tax was an existing levy that had been revised in 2003 to include strip clubs and other forms of entertainment, and did not amount to unconstitutional censorship. Pope called the tax "content-neutral," and said that more than 50 noncasino businesses and enterprises were subject to the tax and only 11 were strip clubs.

Shafer pointed out that the strip clubs accounted for most of the noncasino entertainment tax revenue.

The clubs appealing the taxes were the Spearmint Rhino, Treasures, Sapphire, Jaguars, Olympic Garden and Crazy Horse Too.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Anastasia's Bedroom Introduces 'Lightly Loved Lingerie' Collection

Anastasia’s Bedroom, a Canadian-based online retailer, has debuted its Lightly Loved Lingerie collection.

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

LELO Debuts 'Surfer 2' Anal Plug

LELO has introduced its new Surfer 2 anal plug.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

Our Erotic Journey Expands 'Cristal Collection' of Vibrators

Our Erotic Journey has introduced five new vibrators from its Cristal Collection.

Nice & Naughty Names Chris Fleiger Director of Operations

Michigan-based retail chain Nice & Naughty has appointed Chris Fleiger as its new director of operations.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

XBIZ Retreat to Make Its Cabo Comeback Aug. 17-21

XBIZ Retreat will return to Cabo San Lucas Aug. 17–21, bringing together top LATAM retail buyers and pleasure product brands for a week of dealmaking and networking.

Orion Debuts 'Oral Fun' Vibrator Collection

Orion Wholesale has introduced its Oral Fun vibrator line.

Show More