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

Full Circle Debuts New Pleasure Products for 'Anal August'

Full Circle has introduced its Sparkle-LIT anal plug and My Buddy collection of rechargeable plugs.

Teasr Launches Live Shopping Platform for Creators and Sexual Wellness Brands

Teasr has officially launched its live-selling and social-shopping platform for wellness brands, creators, educators, and artisans.

B-Vibe Debuts 'Premium XXL' Collection

B-Vibe has debuted its Premium XXL collection of dildos and anal pleasure products.

Orion Debuts 'Love Balls' Collection From Cuties Line

Orion Wholesale has introduced the new Love Balls pelvic trainer collection from its Cuties line.

FSC Hails Members, Allies in SCREEN Act Victory

The Free Speech Coalition (FSC) released a statement today praising its members and allies after a successful lobbying effort to prevent the SCREEN Act, a nationwide age verification bill, from advancing out of the Commerce Committee for a full vote on the Senate floor.

Lovehoney Group Resolves Patent Disputes With Maia Toys, CalExotics, Doc Johnson

Lovehoney Group announced in a statement that it has settled patent disputes with Maia Toys, CalExotics and Doc Johnson Enterprises regarding products protected by the company’s intellectual property rights.

SCREEN Act Stalls in Senate Committee Over Technicality

The Senate Commerce Committee on Wednesday voted to approve the SCREEN Act, which would mandate nationwide site-based age verification of users seeking to access adult content online, but a procedural issue blocked the bill from advancing to the full Senate.

Lovense Debuts Upgraded 'Gush 2' Motion Sensing Masturbator

Lovense has introduced an updated version of its Gush 2 male masturbator, which now includes motion-sensing control capability.

Orgie Introduces New Wellness Products

Orgie has debuted three new wellness products.

Show More