A new bipartisan bill introduced in the Texas Senate seeks to tighten regulations on sexually-oriented businesses by preventing patrons from bringing their own alcoholic beverages to these establishments. Lawmakers say the measure would help curb crime and public safety issues tied to certain strip clubs and other venues that currently operate nearly 24/7 due to a loophole in state alcohol laws.
Closing a Loophole That Keeps Clubs Open All Night
Senate Bill 287 (SB 287), authored by Sen. Borris Miles (D-Houston) and co-authored by Sen. Charles Perry (R-Lubbock), aims to prohibit alcohol consumption at sexually-oriented businesses—including nightclubs, bars, and restaurants offering live nude entertainment—unless the business has a Texas Alcoholic Beverage Commission (TABC) license.
Currently, TABC-licensed venues must stop selling alcohol by 2 a.m., leading to a decline in patrons. However, sexually-oriented businesses that allow customers to bring their own alcohol (BYOB) are not subject to this restriction, allowing them to stay open almost indefinitely. Lawmakers say this creates an environment where crime, disturbances, and drunk driving incidents increase.
“This is a situation that was happening in my community,” Perry said during the bill’s hearing in the Senate State Affairs Committee. “There was a sexually-oriented business … Because it was a BYOB, it was allowed to operate until all hours of the night. Neighbors around the venue reported an increase in crime and other problems associated with patrons of this venue.”
While acknowledging that many of these businesses operate legally and safely, Perry emphasized the need to crack down on "bad actors" that exploit the BYOB loophole. By requiring these establishments to obtain a permit under TABC regulations, the state would gain greater oversight and enforcement authority.
A Tragic Case Sparks Legislative Action
One of the most compelling testimonies in favor of SB 287 came from Perry, who shared the heartbreaking story of Aspen Blessing, a young woman killed by a drunk driver in March 2024.
Blessing, a barista on her way to work at 4:30 a.m., was struck head-on by a patron who had just left a sexually-oriented business. Her death, Perry argued, highlights the dangers of allowing these establishments to serve intoxicated customers throughout the night without regulation.
Miles said that after filing SB 287, Blessing’s grieving family—her parents and six siblings—visited his office, reinforcing his commitment to addressing the public safety risks associated with the current BYOB policy.
Concerns About Implementation
While SB 287 received broad support from lawmakers and public safety advocates, a TABC representative raised concerns about a potential conflict in the bill’s wording.
Under existing state laws, fully nude establishments are prohibited from obtaining a TABC license, meaning that if SB 287 passes as written, some businesses could be caught in a regulatory gray area.
“If one of these establishments does allow full nude entertainment, they would then also be prohibited from obtaining a license or permit from TABC, because we have some prohibitions in our code that prohibit that,” the representative explained.
He clarified that TABC currently licenses topless establishments as long as performers remain covered from “the bottom portion down.” The question now is whether the bill’s language would unintentionally force fully nude clubs to either stop allowing alcohol consumption altogether or alter their performances to comply with TABC licensing rules.
What’s Next?
For now, SB 287 remains pending in committee as lawmakers work through potential revisions and consider further testimony. With bipartisan support and growing public concern over crime and alcohol-related incidents tied to sexually-oriented businesses, the bill stands a strong chance of advancing.
Supporters argue that closing the BYOB loophole will help improve public safety by reducing late-night disturbances, limiting overconsumption of alcohol, and preventing more tragic accidents like the one that claimed Aspen Blessing’s life. However, opponents—including some in the adult entertainment industry—may push back against the bill, arguing that it unfairly targets their businesses.
