S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3504
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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.
              

                                                            LBD08354-01-7

 A. 3504                             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 NINETEEN, 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 NINETEEN, THE DEPARTMENT SHALL DEVELOP A REGISTRY  CONTAIN-
 ING  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.
   2. AN OWNER OR SUPERVISOR  OF  AN  ADULT  ENTERTAINMENT  ESTABLISHMENT
 SHALL  KEEP  ON  FILE  ON  THE  PREMISES  A  COPY OF ALL DANCE PERFORMER

 A. 3504                             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.