An Act relating to the licensing and regulation of sex-oriented businesses and sex-oriented business entertainers; relating to protection of the safety and health of and to education of young persons who perform in adult entertainment establishments; and providing for an effective date.
The Statewide Parent Teacher Association (PTA) has passed a resolution asking the Legislature to pass a law to protect under 21-year-old employees and minors from some of the ill effects caused by strip clubs, massage parlors and other nude entertainment businesses. Accordingly, it has worked to help craft HB 367. Among the findings in the statewide PTA resolution, from a review of studies and court findings, is a showing that the operation of sexually oriented businesses leads to higher rates of crime, including sexual assaults, prostitution, drug sales and drug use.
The primary goals of HB 367 are: to permit the legal operation of these businesses while protecting young Alaskans who work at them; to protect minors; and to protect the public from operations by those adult establishments that to not follow the law.
Summary of Bill Provisions
HB 367 protects the public and young adults in the following ways.
It prohibits nude entertainment from sharing a common entrance, restroom or hallway with businesses or residences used by minors.
It prohibits the use of closed private booths where illegal sexual activities may occur.
It prohibits the operation of sexually oriented businesses by those with felony records, or records involving sexually-related, drug-related, or violence-related crimes.
It prohibits the employment of nude or semi nude entertainers under the age of 19.
It requires entertainers to obtain a license, and prove they have attended a state approved course teaching the entertainer how to protect her/himself from sexual assault; and a course teaching entertainers of wage and working condition violations that occur in this area of business.
It requires entertainers under 21 years old to show they have attended a state-approved counseling session that is aimed at letting young adults know of career and educational alternatives, and financial aid and vocational training, available to them as viable options to entering or remaining in a career in adult entertainment. While it is likely unconstitutional to ban all 21 year olds from these jobs, it is important that young adults at least know about other life options. Many young adults who enter into these careers come from backgrounds where those options are not fairly discussed.
Entertainers under age 21 shall also be required to show they have taken a state-approved course on sexually transmitted diseases.
Businesses and entertainers are required to obtain licenses to show these requirements have been followed. The state, as it does in other areas, will set the license fees at a level to cover the state's costs of administration and enforcement in this area.
Communities shall be apprised of adult business license applications through reasonable public notice rules.
It allows suspension of an adult entertainment business license if provisions of this law are knowingly violated.
Please feel free to contact either Rep. McGuire's or Rep. Gara's offices with any questions you may have.