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A07818 Summary:

BILL NOA07818B
 
SAME ASSAME AS S03374-B
 
SPONSORCruz
 
COSPNSR
 
MLTSPNSR
 
Add §65-e, ABC L
 
Promotes the education of the human trafficking information and referral hotline to assist persons in freeing themselves from severe acts or forms of sex trafficking.
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A07818 Actions:

BILL NOA07818B
 
05/25/2021referred to economic development
06/08/2021amend and recommit to economic development
06/08/2021print number 7818a
01/05/2022referred to economic development
02/09/2022amend and recommit to economic development
02/09/2022print number 7818b
02/15/2022reported referred to codes
03/01/2022reported
03/03/2022advanced to third reading cal.455
03/07/2022passed assembly
03/07/2022delivered to senate
03/07/2022REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE
05/11/2022SUBSTITUTED FOR S3374B
05/11/20223RD READING CAL.933
05/11/2022PASSED SENATE
05/11/2022RETURNED TO ASSEMBLY
07/11/2022delivered to governor
07/20/2022signed chap.387
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A07818 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7818B
 
SPONSOR: Cruz
  TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to promoting the education of the human trafficking information and refer- ral hotlines to assist individuals from becoming or freeing themselves from any act of severe forms of sex trafficking   PURPOSE OR GENERAL IDEA OF BILL: This bill requires the display of posters on human trafficking by on-premises alcoholic beverage licensees that offer topless enter- tainment and/or exotic dancing.   SUMMARY OF SPECIFIC PROVISIONS: Bill § 1 establishes the legislative intent that providing greater awareness of available resources would help free victims of sex traf- ficking and human trafficking, which is often associated with the service of alcoholic beverages, particularly in strip clubs and adult entertainment venues. Bill § 2 adds a new § 65-e to the Alcoholic Bever- age Control Law requiring posting of signs relating to human traffick- ing. The section provides that: *The State Liquor Authority shall require any person with a license to sell alcoholic beverages for on-premises consumption, who had indicated on the license application that the establishment would offer topless entertainment and/or exotic dancing (including pole dancing and lap dancing), to display one or more signs or posters designated by the Authority. *The signs or posters are to include information on human trafficking and the toll-free telephone number of the National Human Trafficking Hotline, and shall be made available for download from the Authority's website or the human trafficking web page maintained by the Office of Temporary & Disability Assistance pursuant to Social Services Law 483- ff. *The sign or poster must measure at least 81/2" by 11". The Authority shall notify licensees of any change in the hot line number and require a new version to be displayed within 30 days after notification. *At a minimum English and Spanish versions must be displayed, either in a combined bilingual sign or poster or in two separate ones. A licensee may be required to display signs or posters in additional languages as determined by the Authority. *Signs or posters shall be displayed in an upright position and in a conspicuous place where they can be easily read by clientele and employ- ees. * Violators are subject to a civil penalty of $100 for each day of violation.   SUMMARY OF AMENDMENTS: The original bill only applied to establishments offering topless or nude entertainment, but not to those offering other forms of adult entertainment such as pole dancing or lap dancing. It also would have required the State Liquor Authority to provide posters to businesses that it has no regulatory jurisdiction over, and to produce and dissem- inate the posters itself, which would have been a costly and unnecessary duplication of the posters already available for download from OTDA and the Federal government. Most other states with similar requirements provide for downloads by licensees, and so do the Labor and Health Departments and other New York State agencies that require business postings.   EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Currently Social Services Law § 483-ff makes posters that include the toll-free telephone number of the National Human Trafficking Hotline available for download, but display of such posters at locations such as bus stations, airports and sexually oriented businesses is only encour- aged, not required.   JUSTIFICATION: For the past several years, per Social Services Law § 483-ff the toll free telephone number of the National Human Trafficking Hotline has been posted on the website of the Office of Temporary and Disability Assist- ance, and those locations where victims may be present, including adult or sexually-oriented businesses, have been encouraged to voluntarily display information posters. The Hotline's 2019 data report shows that bars and strip clubs remain one of the top three locations where sex and labor trafficking occurs. Most of these trafficking victims are young women the majority of whom arrive from other countries. Many others are runaway teens. In order to combat this scourge, numerous other states including Florida , North Carolina, Pennsylvania and Virginia have now made it a require- ment for alcoholic beverage licensees that operate sexually-or Tented establishments to post information on how to call, text or other wise contact the Hotline. This bill would require on-premises licensees that offer topless entertainment and/or exotic dancing to display a sign or poster that includes information on human trafficking and the Hotline's contact information. This will enhance New York State's efforts to fight sex and labor trafficking.   PRIOR LEGISLATIVE HISTORY: 2019-20:5.2167-A (Bailey) - referred to Alcoholism and Substance Abuse A.3192-A (Ortiz) - referred to Economic Development 2017-18: 5.8322 (Bailey) - referred to Investigations & Govt. Oper- ations A.3169 (Ortiz) - referred to Economic Development 2015-16: A.6239 (Ortiz) - referred to Economic Development 2013-14: A.2985 (Ortiz) - referred to Economic Development 2011-12: A.1061 (Ortiz) - referred to Economic Development 2009-10: A.6477 (Ortiz) - held for consideration in Economic Development 2007-08: A.8354 (Ortiz) - referred to Economic Development   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal. The State Liquor Authority is only required to notify licensees that offer topless entertainment and/or exotic dancing of the law's provisions and to make minor website changes.   EFFECTIVE DATE: Thirtieth day after having become a law.
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A07818 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7818--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 25, 2021
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Economic Development -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the  Committee on Economic Development in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          promoting the education  of  the  human  trafficking  information  and
          referral hotlines to assist individuals from becoming or freeing them-
          selves from any act of severe forms of sex trafficking
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings. For the past several years, the toll-
     2  free telephone number of the National Human Trafficking hotline has been
     3  posted on a New York state agency  website  and  those  locations  where
     4  victims may be present, including adult or sexually-oriented businesses,
     5  have  been  encouraged  to  voluntarily display information posters. The
     6  Hotline's 2019 data report shows that bars and strip clubs remain one of
     7  the top three locations where sex and labor trafficking occurs. Most  of
     8  these  trafficking  victims are young women, the majority of whom arrive
     9  from other countries. In order to combat this  scourge,  numerous  other
    10  states  have  now made it a requirement for alcoholic beverage licensees
    11  that operate sexually-oriented establishments to post information on how
    12  to call, text or otherwise contact the hotline. This bill  will  enhance
    13  New York state's efforts to fight sex and labor trafficking.
    14    §  2.  The  alcoholic  beverage control law is amended by adding a new
    15  section 65-e to read as follows:
    16    § 65-e. Posting of signs  relating  to  human  trafficking.    1.  The
    17  authority  shall  require  any  person  with a license to sell alcoholic
    18  beverages for consumption on the premises  who  indicated,  pursuant  to
    19  paragraph  (f)  of  subdivision  one  of section one hundred ten of this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06819-08-2

        A. 7818--B                          2
 
     1  chapter, that  topless  entertainment  and/or  exotic  dancing,  whether
     2  topless or otherwise, including but not limited to, pole dancing and lap
     3  dancing,  would occur at the establishment, to display one or more signs
     4  or posters designated by the authority. Any sign or poster so designated
     5  shall meet the following specifications:
     6    (a) Each sign or poster shall include information on human trafficking
     7  and  the  toll  free  telephone number of the National Human Trafficking
     8  hotline. The authority shall make any designated sign or  poster  avail-
     9  able  for  download from its website or from one or more links posted on
    10  its website or on the website of the office of temporary and  disability
    11  assistance  as  provided  in section four hundred eighty-three-ff of the
    12  social services law.
    13    (b) (i) Any sign or poster must be at least eight and one-half  inches
    14  wide and eleven inches high.
    15    (ii) If the National Human Trafficking hotline toll free number chang-
    16  es,  the  authority  shall  notify  each licensee that is subject to the
    17  posting requirement of this section of the change and shall require  the
    18  display  of  one  or more signs or posters with the new toll free number
    19  within thirty days of such notification.
    20    (iii) At a minimum, the licensee shall be required to display a bilin-
    21  gual version of the sign or poster in English and Spanish or to  display
    22  one  sign  or  poster  in  English and one sign or poster in Spanish.  A
    23  licensee may be required to display signs or posters in other  languages
    24  as determined by the authority.
    25    (c) Any person with a license to sell alcoholic beverages for consump-
    26  tion  on the premises that is subject to the posting requirement of this
    27  section shall display, in an upright position and in a conspicuous place
    28  where it can be easily read by clientele and employees of the establish-
    29  ment, any sign or poster required by the authority.
    30    2. Any person with a license to sell alcoholic beverages for  consump-
    31  tion  on the premises that is subject to the posting requirement of this
    32  section who violates the provisions of this section shall be subject  to
    33  a  civil  penalty,  not  to  exceed  one hundred dollars for each day of
    34  violation.
    35    § 3. This act shall take effect on the thirtieth day  after  it  shall
    36  have become a law.
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