Another Plan to Tax Adult Entertainment in Calif. Is Launched

CHULA VISTA, Calif. — A California bill that would impose a 20 percent tax on sales of adult movies and sex toys, as well as the receipts of strip clubs, has been introduced in the Legislature.

California Assemblywoman Mary Salas, D-San Diego, introduced the proposal Wednesday morning, which would send revenue from the tax to a newly created Adult Venue Impact Fund.

The fund would then be distributed to local law enforcement agencies in an effort to deal with secondary effects that are associated with adult entertainment businesses.

Free Speech Coalition lobbyist Ignacio Hernandez said the bill could be found unconstitutional on several points, including taxation based on the content of a movie.

"This measure is clearly unconstitutional and unworkable," Hernandez said. "This bill is much broader than previous efforts to tax adult movie and novelty retailers. Therefore, it suffers from greater constitutional defects than prior bills."

Hernandez said the broad definition of “harmful material” included in the bill’s language would likely be opposed by entertainment organizations like the Motion Picture Association of America.

"Punishing legitimate retailers who choose to locate in neighborhoods with a need for commercial tenants is not the type of policy we need during these tough economic times," Hernandez said.

He also noted that the bill was introduced several weeks past the normal legislative deadline.

"As soon as this bill was announced this morning we began working the halls of the state Capitol to stop this unconstitutional measure as quickly as possible," he said. "This is not part of the larger budget discussions since it is not even scheduled for its first hearing until after next week's Legislative budget deadline. It would not get to the governor until the fall of this year."

Specifically, Assembly Bill 847 would levy a 20 percent tax on the gross receipts of any California business that is:

  • A retail establishment whose gross receipts from the sale or rental of adult material exceeds 50 percent of all gross receipts.
  • Providing a public or private viewing of adult material.
  • An establishment that offers live sexually explicit conduct that is prohibited to audiences under 18 years of age or 21 years of age, depending on whether alcoholic beverages are sold on the premises.
The last measure in the California Legislature was put on hold in April. That piece of legislation, Assembly Bill 1082, would create a 12-percent excise tax on all tangible adult entertainment products in California.

A hearing on the latest proposed porn tax bill is scheduled for next month.

Copyright © 2024 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

Lauren Phillips Stars in 2 New Releases From Adult Time

Reigning XBIZ MILF Performer of the Year Lauren Phillips has released new episodes of "Choose Your Angle" and "Switch," from Adult Time.

Lioness Launches 'Sexperiments' Project

Sextech pleasure brand Lioness is launching "Sexperiments," a monthly project to study various aspects of female sexuality.

MYLF Drops New Feature 'The House Bunny' for VIP Members

MYLF has released the full version of its latest feature, "The House Bunny," starring April MYLF of the Month Bunny Madison, exclusively for its VIP subscribers.

Baby Gemini Stars in Latest Release From Ricky's Room

Baby Gemini stars with Damion Dayski in "One Ticket to Pound Town," from Ricky's Room.

Oxballs Debuts 'Glowsling' LED Cocksling

Oxballs has introduced its new Glowsling light-up LED cocksling.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

Molly Little Headlines 1st Installment of Seth Gamble's 'Luminati'

LucidFlix has released the debut installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring Molly Little.

Emma Rose Stars in 'Shifting Gears' From TransAngels

Reigning and two-time XBIZ Trans Performer of the Year Emma Rose stars with Tony Genius in "Shifting Gears," from TransAngels.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Holiday Products Signs Distro Deal With Emojibator

Holiday Products has signed a distribution deal with pleasure brand Emojibator.

Show More