S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3237
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. ORTIZ, RIVERA, BENEDETTO, COOK, COLTON, JAFFEE,
   TAYLOR -- 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".
   § 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.
   § 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.
   § 156. DEFINITIONS. WHEREVER USED IN THIS ARTICLE:
   1.   "ADULT ENTERTAINMENT ESTABLISHMENT" SHALL MEAN ANY PERSON, CORPO-
 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.
              

                                                            LBD07295-01-9

 A. 3237                             2
 
 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.
   § 157. DANCE  PERFORMER  PERMIT.  1.   ON OR BEFORE JANUARY FIRST, TWO
 THOUSAND TWENTY-ONE, 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.
   § 158. DANCE PERFORMER PERMIT REGISTRY. 1. ON OR BEFORE JANUARY FIRST,
 TWO  THOUSAND  TWENTY-ONE,  THE  DEPARTMENT  SHALL  DEVELOP  A  REGISTRY
 CONTAINING DANCE PERFORMER PERMITS FOR  ADULT  ENTERTAINMENT  ESTABLISH-
 MENTS  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.
   2.  AN  OWNER  OR  SUPERVISOR  OF AN ADULT ENTERTAINMENT ESTABLISHMENT
 SHALL KEEP ON FILE ON  THE  PREMISES  A  COPY  OF  ALL  DANCE  PERFORMER

 A. 3237                             3
 
 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.
   § 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.
   §  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.
   § 5. This act shall take effect immediately.