S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3116

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced by M. of A. ORTIZ, RIVERA, BENEDETTO, JAFFEE, COOK, ROBINSON,
  CLARK, HOOPER -- Multi-Sponsored by -- M. of A. COLTON, SWEENEY, WEIS-
  ENBERG -- 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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "dance performer registration act".
  S  2.  Legislative findings. Although there are believed to be tens or
even hundreds of thousands of trafficking victims in the United  States,
less  than  one out of a thousand have been identified since human traf-
ficking was made a federal crime in 2000. Therefore, there is an immedi-
ate need to end human trafficking in the United  States  by  identifying
victims  and  monitoring  places  that are suspected of participating in
severe forms of trafficking. Victims of  sex  trafficking  may  work  at
places  where commercial sexual exploitation occurs. The purpose of this
act is to ensure and prevent dance performers from becoming  victims  of
involuntary servitude or prostitution.
  S  3.  The labor law is amended by adding a new article 4-B to read as
follows:

                               ARTICLE 4-B
                      DANCE PERFORMER REGISTRATION
SECTION 156. DEFINITIONS.
        157. DANCE PERFORMER PERMIT.
        158. DANCE PERFORMER PERMIT REGISTRY.
        159. PENALTIES.
  S 156. DEFINITIONS. WHEREVER USED IN THIS ARTICLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06865-01-3

              

A. 3116                             2

  1.  "ADULT ENTERTAINMENT ESTABLISHMENT" SHALL MEAN ANY PERSON,  CORPO-
RATION,  PARTNERSHIP,  OR OTHER BUSINESS ESTABLISHMENT WITH A LICENSE TO
SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES AND/OR FOOD FOR
CONSUMPTION ON THE PREMISES, WHICH FEATURES DANCERS THAT  ARE  DISPLAYED
IN  SUCH  MANNER OR ATTIRE AS TO EXPOSE TO VIEW ANY PORTION OF THE PUBIC
AREA, ANUS, VULVA OR GENITALS, OR ANY SIMULATION THEREOF, OR PERMIT  ANY
FEMALE  TO  APPEAR  IN  SUCH  MANNER  OR ATTIRE AS TO EXPOSE TO VIEW ANY
PORTION OF THE BREAST BELOW THE TOP OF THE AREOLA.
  2.   "SEVERE FORMS OF TRAFFICKING" MEANS  EITHER  SEX  TRAFFICKING  IN
WHICH A PERSON IS FORCED TO PERFORM A COMMERCIAL SEX ACT OR THE RECRUIT-
MENT,  HARBORING,  TRANSPORTATION, OR OBTAINING OF A PERSON FOR LABOR OR
SERVICES, THROUGH THE USE OF FORCE, FRAUD OR COERCION FOR THE PURPOSE OF
SUBJECTION TO INVOLUNTARY SERVITUDE, DEBT BONDAGE OR SLAVERY.
  3.  "SEX TRAFFICKING" MEANS THE RECRUITMENT, HARBORING, TRANSPORTATION
OR OBTAINMENT OF A PERSON USING FORCE, FRAUD OR COERCION FOR THE PURPOSE
OF A COMMERCIAL SEX ACT.
  4.  "COMMERCIAL SEX ACT" MEANS ANY SEXUAL CONDUCT, PERFORMANCE OR  ACT
CONTINGENT UPON PAYMENT.
  5. "SEXUALLY ORIENTED BUSINESS" MEANS A NIGHTCLUB, BAR, RESTAURANT, OR
SIMILAR COMMERCIAL ENTERPRISE THAT:
  (A)  PROVIDES  FOR  AN  AUDIENCE  OF TWO OR MORE INDIVIDUALS LIVE NUDE
ENTERTAINMENT OR LIVE NUDE PERFORMANCES; AND
  (B) AUTHORIZES ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES.
  S 157. DANCE PERFORMER PERMIT. 1.   ON OR BEFORE  JANUARY  FIRST,  TWO
THOUSAND  FIFTEEN, THE COMMISSIONER SHALL BE REQUIRED TO DEVELOP A DANCE
PERFORMER PERMIT PROGRAM AND SHALL REQUIRE  THE  REGISTRATION  OF  DANCE
PERFORMERS EMPLOYED BY ADULT ENTERTAINMENT ESTABLISHMENTS.
  2.  A DANCE PERFORMER EMPLOYED BY AN ADULT ENTERTAINMENT ESTABLISHMENT
SHALL BE REQUIRED TO HAVE A  DANCE  PERFORMER  PERMIT  AS  SPECIFIED  IN
SUBDIVISION FOUR OF THIS SECTION.
  3.  A  DANCE  PERFORMER PERMIT SHALL BE VALID FOR THREE YEARS FROM THE
DATE OF ISSUANCE.  A DANCE PERFORMER PERMIT SHALL BE  ACCOMPANIED  BY  A
FEE DETERMINED BY THE COMMISSIONER IN AN AMOUNT SUFFICIENT TO DEFRAY THE
DEPARTMENT'S  COSTS  OF ADMINISTERING THE PERMIT PROGRAM, PROVIDED, THAT
SUCH FEE SHALL NOT EXCEED TWENTY-FIVE DOLLARS FOR  INITIAL  REGISTRATION
OR FIFTEEN DOLLARS FOR RENEWAL.
  4. AN APPLICATION FOR A DANCE PERFORMER PERMIT SHALL BE MADE ON A FORM
PRESCRIBED  BY  THE  DEPARTMENT,  AND  SHALL CONTAIN SUCH MATTERS AS THE
COMMISSIONER MAY DEEM TO BE NECESSARY, INCLUDING BUT NOT LIMITED TO  THE
FOLLOWING:
  (A) THE LEGAL AND STAGE NAME, IF ANY, OF THE DANCE PERFORMER;
  (B) THE DANCE PERFORMER'S SOCIAL SECURITY NUMBER;
  (C) EMPLOYER INFORMATION, INCLUDING BUT NOT LIMITED TO, EMPLOYER NAME;
TYPE  OF  BUSINESS;  EMPLOYER'S  FEDERAL EMPLOYER IDENTIFICATION NUMBER;
PERMANENT AND MAILING ADDRESS; AND PHONE NUMBER; AND
  (D) PROOF OF UNITED STATES CITIZENSHIP OR QUALIFIED  ALIEN  STATUS  AS
DEFINED  IN  SUBPARAGRAPH  (II)  OF  PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION ONE HUNDRED TWENTY-TWO OF THE SOCIAL SERVICES LAW.
  S 158. DANCE PERFORMER PERMIT REGISTRY. 1. ON OR BEFORE JANUARY FIRST,
TWO THOUSAND FIFTEEN, THE DEPARTMENT SHALL DEVELOP A REGISTRY CONTAINING
DANCE PERFORMER PERMITS FOR ADULT ENTERTAINMENT ESTABLISHMENTS  FOR  THE
EMPLOYMENT  OF DANCE PERFORMERS. NAMES OF PERMIT HOLDERS SHALL BE PURGED
UPON THE EXPIRATION WITHOUT RENEWAL OF SUCH PERMIT.  A PERMIT HOLDER MAY
VOLUNTARILY RELINQUISH A DANCE PERFORMER PERMIT AND MAY REQUEST THAT HIS
OR HER NAME AND PERMIT INFORMATION BE REMOVED FROM THE REGISTRY.

A. 3116                             3

  2. AN OWNER OR SUPERVISOR  OF  AN  ADULT  ENTERTAINMENT  ESTABLISHMENT
SHALL  KEEP  ON  FILE  ON  THE  PREMISES  A  COPY OF ALL DANCE PERFORMER
PERMITS.  SUCH FILES SHALL BE AVAILABLE AT ALL TIMES TO THE  DEPARTMENT,
BUT  SHALL  BE  KEPT CONFIDENTIAL AND SHALL NOT BE MADE AVAILABLE TO ANY
OTHER PERSON EXCEPT PURSUANT TO A COURT ORDER.  PERMITS ON FILE SHALL BE
PURGED  BY  AN EMPLOYER THREE YEARS AFTER A PERFORMER TERMINATES EMPLOY-
MENT.
  S 159. PENALTIES. 1.  IF AN OWNER OF AN ADULT ENTERTAINMENT ESTABLISH-
MENT HAS BEEN CONVICTED OF VIOLATING ANY PROVISION OF  THIS  ARTICLE  OR
ANY  RULE  OR  REGULATION  PROMULGATED  THEREAFTER, THE DEPARTMENT SHALL
ASSESS THE OWNER A CIVIL PENALTY OF NOT MORE THAN ONE  THOUSAND  DOLLARS
FOR  THE FIRST SUCH VIOLATION AND NOT MORE THAN TWO THOUSAND DOLLARS FOR
A SECOND SUBSEQUENT VIOLATION. SUCH PENALTY SHALL BE PAID TO THE DEPART-
MENT FOR DEPOSIT IN THE TREASURY OF THE STATE. IN ASSESSING  THE  AMOUNT
OF  THE PENALTY, THE DEPARTMENT SHALL GIVE DUE CONSIDERATION TO THE SIZE
OF THE EMPLOYER'S BUSINESS, THE HISTORY OF PREVIOUS VIOLATIONS  AND  THE
FAILURE TO COMPLY WITH RECORD-KEEPING OR OTHER REQUIREMENTS.
  2.  IF  CONVICTED  OF  A  VIOLATION  OF THIS ARTICLE UNPERMITTED DANCE
PERFORMERS SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE  THAN  TWENTY
DOLLARS FOR THE FIRST SUCH VIOLATION AND NOT MORE THAN FIFTY DOLLARS FOR
A SECOND SUBSEQUENT VIOLATION. SUCH PENALTY SHALL BE PAID TO THE DEPART-
MENT  FOR  DEPOSIT  IN  THE  TREASURY  OF  THE  STATE. UNPERMITTED DANCE
PERFORMERS FOUND TO BE VICTIMS OF SEVERE FORMS OF TRAFFICKING SHALL  NOT
BE FINED A CIVIL PENALTY.
  S  4.  The department of labor shall enforce all provisions of article
4-B of the labor law, as added by section three of this act,  and  shall
work with any state and local agencies or departments with any regulato-
ry  authority over adult entertainment establishments as defined in such
article 4-B, to provide notice to such establishments of  the  registra-
tion and permit requirements set forth in this act.
  S 5. This act shall take effect immediately.