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
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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.