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A03504 Summary:

COSPNSRRivera, Benedetto, Cook, Hooper, Colton, Sepulveda, Jaffee, Taylor
Add Art 4-B 156 - 159, Lab L
Requires establishments which sell alcoholic beverages and/or food for consumption on premises and which provide sexual entertainment to register sex performers.
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A03504 Actions:

01/27/2017referred to labor
01/03/2018referred to labor
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A03504 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
        Introduced by M. of A. ORTIZ, RIVERA, BENEDETTO, COOK, HOOPER, COLTON --
          read once and referred to the Committee on Labor
        AN ACT to amend the labor law, in relation to protecting persons includ-
          ing those employed at adult entertainment establishments from becoming
          victims of severe forms of human trafficking

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "dance performer registration act".
     3    §  2.  Legislative findings. Although there are believed to be tens or
     4  even hundreds of thousands of trafficking victims in the United  States,
     5  less  than  one out of a thousand have been identified since human traf-
     6  ficking was made a federal crime in 2000. Therefore, there is an immedi-
     7  ate need to end human trafficking in the United  States  by  identifying
     8  victims  and  monitoring  places  that are suspected of participating in
     9  severe forms of trafficking. Victims of  sex  trafficking  may  work  at
    10  places  where commercial sexual exploitation occurs. The purpose of this
    11  act is to ensure and prevent dance performers from becoming  victims  of
    12  involuntary servitude or prostitution.
    13    §  3.  The labor law is amended by adding a new article 4-B to read as
    14  follows:
    15                                 ARTICLE 4-B
    16                        DANCE PERFORMER REGISTRATION
    17  Section 156. Definitions.
    18          157. Dance performer permit.
    19          158. Dance performer permit registry.
    20          159. Penalties.
    21    § 156. Definitions. Wherever used in this article:
    22    1.  "Adult entertainment establishment" shall mean any person,  corpo-
    23  ration,  partnership,  or other business establishment with a license to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3504                             2
     1  sell alcoholic beverages for consumption on the premises and/or food for
     2  consumption on the premises, which features dancers that  are  displayed
     3  in  such  manner or attire as to expose to view any portion of the pubic
     4  area,  anus, vulva or genitals, or any simulation thereof, or permit any
     5  female to appear in such manner or attire  as  to  expose  to  view  any
     6  portion of the breast below the top of the areola.
     7    2.    "Severe  forms  of  trafficking" means either sex trafficking in
     8  which a person is forced to perform a commercial sex act or the recruit-
     9  ment, harboring, transportation, or obtaining of a person for  labor  or
    10  services, through the use of force, fraud or coercion for the purpose of
    11  subjection to involuntary servitude, debt bondage or slavery.
    12    3.  "Sex trafficking" means the recruitment, harboring, transportation
    13  or obtainment of a person using force, fraud or coercion for the purpose
    14  of a commercial sex act.
    15    4.   "Commercial sex act" means any sexual conduct, performance or act
    16  contingent upon payment.
    17    5. "Sexually oriented business" means a nightclub, bar, restaurant, or
    18  similar commercial enterprise that:
    19    (a) provides for an audience of two  or  more  individuals  live  nude
    20  entertainment or live nude performances; and
    21    (b) authorizes on-premises consumption of alcoholic beverages.
    22    § 157. Dance  performer  permit.  1.   On or before January first, two
    23  thousand nineteen, the commissioner shall be required to develop a dance
    24  performer permit program and shall require  the  registration  of  dance
    25  performers employed by adult entertainment establishments.
    26    2.  A dance performer employed by an adult entertainment establishment
    27  shall be required to have a  dance  performer  permit  as  specified  in
    28  subdivision four of this section.
    29    3.  A  dance  performer permit shall be valid for three years from the
    30  date of issuance.  A dance performer permit shall be  accompanied  by  a
    31  fee determined by the commissioner in an amount sufficient to defray the
    32  department's  costs  of administering the permit program, provided, that
    33  such fee shall not exceed twenty-five dollars for  initial  registration
    34  or fifteen dollars for renewal.
    35    4. An application for a dance performer permit shall be made on a form
    36  prescribed  by  the  department,  and  shall contain such matters as the
    37  commissioner may deem to be necessary, including but not limited to  the
    38  following:
    39    (a) the legal and stage name, if any, of the dance performer;
    40    (b) the dance performer's social security number;
    41    (c) employer information, including but not limited to, employer name;
    42  type  of  business;  employer's  federal employer identification number;
    43  permanent and mailing address; and phone number; and
    44    (d) proof of United States citizenship or qualified  alien  status  as
    45  defined  in  subparagraph  (ii)  of  paragraph (c) of subdivision one of
    46  section one hundred twenty-two of the social services law.
    47    § 158. Dance performer permit registry. 1. On or before January first,
    48  two thousand nineteen, the department shall develop a registry  contain-
    49  ing  dance  performer permits for adult entertainment establishments for
    50  the employment of dance performers. Names of  permit  holders  shall  be
    51  purged  upon  the  expiration  without renewal of such permit.  A permit
    52  holder may voluntarily relinquish  a  dance  performer  permit  and  may
    53  request  that his or her name and permit information be removed from the
    54  registry.
    55    2. An owner or supervisor  of  an  adult  entertainment  establishment
    56  shall  keep  on  file  on  the  premises  a  copy of all dance performer

        A. 3504                             3
     1  permits.  Such files shall be available at all times to the  department,
     2  but  shall  be  kept confidential and shall not be made available to any
     3  other person except pursuant to a court order.  Permits on file shall be
     4  purged  by  an employer three years after a performer terminates employ-
     5  ment.
     6    § 159. Penalties. 1.  If an owner of an adult entertainment establish-
     7  ment has been convicted of violating any provision of  this  article  or
     8  any  rule  or  regulation  promulgated  thereafter, the department shall
     9  assess the owner a civil penalty of not more than one  thousand  dollars
    10  for  the first such violation and not more than two thousand dollars for
    11  a second subsequent violation. Such penalty shall be paid to the depart-
    12  ment for deposit in the treasury of the state. In assessing  the  amount
    13  of  the penalty, the department shall give due consideration to the size
    14  of the employer's business, the history of previous violations  and  the
    15  failure to comply with record-keeping or other requirements.
    16    2.  If  convicted  of  a  violation  of this article unpermitted dance
    17  performers shall be liable for a civil penalty of not more  than  twenty
    18  dollars for the first such violation and not more than fifty dollars for
    19  a second subsequent violation. Such penalty shall be paid to the depart-
    20  ment  for  deposit  in  the  treasury  of  the  state. Unpermitted dance
    21  performers found to be victims of severe forms of trafficking shall  not
    22  be fined a civil penalty.
    23    §  4.  The department of labor shall enforce all provisions of article
    24  4-B of the labor law, as added by section three of this act,  and  shall
    25  work with any state and local agencies or departments with any regulato-
    26  ry  authority over adult entertainment establishments as defined in such
    27  article 4-B, to provide notice to such establishments of  the  registra-
    28  tion and permit requirements set forth in this act.
    29    § 5. This act shall take effect immediately.
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