SB 6105 — Creating safer working conditions in adult entertainment establishments.

ENGROSSEDS-3674.4 SUBSTITUTE SENATE BILL 6105 State of Washington 68th Legislature 2024 Regular Session By Senate Labor & Commerce (originally sponsored by Senators Saldaña, Trudeau, Nguyen, Hunt, Lovelett, Pedersen, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 01/30/24.01/09/24.

Referred to Committee on Labor & Commerce.

1 ESSBSB 6105 described in (a) of this subsection.

(2)(a) An adult entertainment establishment must provide training to its employees other than entertainers to minimize occurrences of unprofessional behavior and enable employees to support entertainers in times of conflict.

(b) An adult entertainment establishment must require all employees other than entertainers to take the training by January 1, 2025, or within 30 days of hiringhiring, for recorded content or 120 days of hiring for live courses, whichever is later, and at least every two years thereafter.

(c) The training content must be developed and provided by a third-partythird qualifiedparty. professional with experience and expertise in personnel training.

(i) Preventing sexual harassment,harassment; sexual discrimination, and assault in the workplace;

(ii) InformationConflict onde-escalation; how to identify and report human trafficking;

and (iii) ConflictProviding deescalationfirst betweenaid. entertainers, other employees, and patrons;

and (iv) Providing first aid.

(d) An adult entertainment establishment must offer entertainers the ability to opt in to trainings offered under this subsection.

(e) The department may require annual reporting on training required under this subsection in a manner determined by the department.

An entertainer may use the panic button if the entertainer has been harmed, reasonably believes there is a risk of harm, or there is ((anan other))other another emergency in the entertainer's presence.

p.(((3))) (4)(a) An adult entertainment establishment must record the accusations it receives that a customer has committed an act of violence, including assault, sexual assault, or sexual harassment, towards an entertainer.

2 ESSB 6105 (((3))) (4)(a) An adult entertainment establishment must record the ((accusations)) allegations it receives that a customer has committed sex trafficking, prostitution, promotion of prostitution, or an act of violence, including assault, sexual assault, or sexual harassment, towards an entertainer.

The establishment must retain a record of the customer's identifying information and written detail about the incident for at least five years after the most recent ((accusation))accusation. allegation.

(b) If an ((accusation))accusation allegation involving a customer is supported by a statement made under penalty of perjury or other evidence, the adult entertainment establishment must decline to allow the customer to return to the establishment for at least three years after the date of the incident.

The establishment must share the information about the customerp. with other establishments with common ownership and those establishments with common ownership must also decline to allow the customer to enter those establishments for at least three years after the date of the incident.

No2 entertainerSB may6105 becustomer requiredwith other establishments with common ownership and those establishments with common ownership must also decline to provideallow suchthe acustomer statementto .enter those establishments for at least three years after the date of the incident.

(c)No Anentertainer adultmay entertainmentbe establishmentrequired must have a written process and procedure accessible to allprovide employeessuch and entertainers for submitting allegations involving a customer.statement.

(d)(c) An adult entertainment establishment must providehave informationa collectedwritten underprocess thisand subsectionprocedure (4)accessible annually to theall department.employees and entertainers for submitting accusations.

Records(d) providedAn toadult theentertainment departmentestablishment undermust thisprovide subsectioninformation (4)collected areunder deemedthis confidentialsection andannually shall not be open to public inspection, provided that the recordsdepartment. shall be made available to law enforcement or employees of governmental agencies in the performance of their official duties, and to an entertainer or employee or their legal representative.

(((4))) (5) An adult entertainment establishment must provide at least one person on the premises during business hours whose primary duty is security.security, and who has no other duties outside of security between the hours of 9:00 p.m.

and 9:00 a.m.

(c) The occupancy and patron volume;

p.(d) Security cameras and panic buttons;

3 ESSB 6105 (d) Security cameras and panic buttons;

The department mustmay share informationenforcement regardingand violationscompliance ofwith this section withas necessary for the liquorpurposes andof cannabissection board.3 of this act.

(((5)))p. (9) This section does not affect an employer's responsibility to provide a place of employment free from recognized hazards or to otherwise comply with this chapter and other employment laws.

3 SB 6105 (((5))) (9) This section does not affect an employer's responsibility to provide a place of employment free from recognized hazards or to otherwise comply with this chapter and other employment laws.

If the advisory committee finds and recommends additional measures that would increase the safety and security of p.entertainers and that those additional measures would require legislative action, the department must report those recommendations to the appropriate committees of the legislature.

4 ESSB 6105 entertainers and that those additional measures would require legislative action, the department must report those recommendations to the appropriate committees of the legislature.

(a) "Adult entertainment" means any exhibition, performance, or dance of any type conducted ((in))in within the view of one or more members of the public inside a premises where such exhibition, performance, or dance involves an entertainer,entertainer who((:who:

(i) Is))Is is unclothed or in such attire, costume, or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, ((buttocks,))buttocks, vulva, or genitals((;genitals;

or (ii) Touches, caresses, or fondles the breasts, buttocks, anus, genitals, or pubic region of another person, or permits the touching, caressing, or fondling of the entertainer's own breasts, buttocks, anus, genitals, or pubic region by another person)),person, with ((the))the an intent to sexually arouse or excite another person.

(c)p. "Entertainer" means any person who provides adult entertainment within an adult entertainment establishment, whether or not a fee is charged or accepted for entertainment and whether or not the person is an employee under RCW 49.17.020.

4 SB 6105 (c) "Entertainer" means any person who provides adult entertainment within an adult entertainment establishment, whether or not a fee is charged or accepted for entertainment and whether or not the person is an employee under RCW 49.17.020.

p.(3) An establishment may not charge an entertainer:

5 ESSB 6105 (3) An establishment may not charge an entertainer: