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

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Kheper Releases 'Intimacy Heart' Massagers

Kheper Games has debuted its new Intimacy Heart Massagers.

Magic Silk Debuts 'Rush' Collection

Magic Silk has introduced its new Rush line of intimate wear.

Zuzana Kasinski Joins Fleshlight Team

Zuzana Kasinski has joined Fleshlight and will lead the company’s European expansion.

Hankey's Toys Introduces 'Atlas' Anal Plug, Updates 'Peak' Prostate Dildo

Mr. Hankey's Toys has debuted the Atlas anal plug and a new size of its Peak prostate dildo.

Arcwave Debuts 2 New Strokers

Arcwave has introduced its new Orbit and Thruster strokers.

LELO Debuts 'LELO Labs' Enhancements Line

LELO has introduced its new LELO Labs line of performance enhancers.

Adam & Eve Reveals Results of 'Bedroom Confidence' Survey

Adam & Eve has released the results of a survey asking respondents about their level of confidence in the bedroom.

Show More