2014 -- H 7518

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LC004470

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

     Introduced By: Representatives Hearn, and Marcello

     Date Introduced: February 13, 2014

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 3-7 of the General Laws entitled "Retail Licenses" is hereby

amended by adding thereto the following section:

     3-7-7.3-1. Adult entertainment national criminal records check.-- (a) Definitions as

used in this section:

     (1) "Adult entertainment business or establishment" means a business or commercial

establishment where employees, operators. owners, and individuals work or perform in the nude.

"Nude" is defined to mean exposing to the public view the female breast or the female breast with

a covering on the areola thereof; exposing to the public view by employing any devise or

covering which is intended to give the appearance or simulate that area of the female breast at or

below the areola thereof; exposing to the public view male or female genitals, pubic area, anus,

anal cleavage, or anal cleft; or exposing to the public view by employing any device or covering

which is intended to give the appearance of or simulate the genitals, pubic area, anus, anal

cleavage, or anal cleft.

     (2) "Applicant" means a person submitting to a national criminal records check as

required by this section.

     (3) "Conviction" means, in addition to judgments of conviction entered by a court

subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has

entered a plea of nolo contendere and has received a sentence of probation and those instances

where a defendant has entered into a deferred sentence agreement with the attorney general.

     (4) "Disqualifying information" means information produced by a national criminal

records check pertaining to a conviction of: §11-5-1, assault with intent to commit specified

felonies (murder, robbery, rape, burglary, or the abominable and detestable crimes against

nature), §11-34.1-3, procurement of sexual conduct for a fee, §11-34.1-7, pandering or permitting

prostitution - not allowed, §11-37-2, first degree sexual assault, §11-37-4, second degree sexual

assault; §11-37-6, third degree sexual assault, §1 1-37-8.1, first degree child molestation sexual

assault; § 11-37-8.3, second degree child molestation sexual assault, § 11-67-2, involuntary

servitude, §11-67-3, trafficking of persons for forced labor or commercial sexual activity, §11-67-

6, sex trafficking of a minor, and §21-28-4.01, Manufacture, deliver, or possess with intent to

manufacture or deliver a controlled or counterfeit substance, or convictions for similar offenses in

another jurisdiction.

     (4) "Licensing authority" means the entity designated by a city or town to regulate

licenses provided in §3-7-7.3.

     (b) Any person seeking to own or operate an adult entertainment business or

establishment, which is, or is required to be, licensed with the licensing authority in which the

business or establishment is located, shall undergo a national criminal records check, which shall

include fingerprints submitted to the federal bureau of investigation (FBI) by the bureau of

criminal identification of the department of attorney general. The national criminal records check

shall be processed prior to the granting of such license or upon renewal of such license. All

persons who, as of September 1, 2014, are already licensed by the licensing authority shall be

exempt for the current licensing period only.

     (1) Upon the discovery of any disqualifying information, the bureau of criminal

identification of the department of attorney general will inform the applicant, in writing, of the

nature of the disqualifying information. In addition, the bureau of criminal identification of the

department of attorney general will inform the licensing authority, in writing, without disclosing

the nature of the disqualifying information, that an item of disqualifying information has been

discovered.

     (2) In those situations in which no disqualifying information has been found, the bureau

of criminal identification of the department of attorney general shall inform the applicant and the

licensing authority in writing of this fact.

     (c) Any person seeking employment or seeking to become an independent contractor with

an adult entertainment business or establishment, which is, or is required to be, licensed with the

licensing authority in which the business or establishment is located, shall undergo a national

criminal records check, which shall include fingerprints submitted to the federal bureau of

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investigation (FBI) by the bureau of criminal identification of the department of attorney general.

The national criminal records check shall be processed prior to employment.

     (1) Upon the discovery of any disqualifying information, the bureau of criminal

identification of the department of attorney general will inform the applicant, in writing, of the

nature of the disqualifying information. In addition, the bureau of criminal identification of the

department of attorney general will inform the operator or owner of the adult entertainment

business or establishment, in writing, without disclosing the nature of the disqualifying

information, that an item of disqualifying information has been discovered.

     (2) In those situations in which no disqualifying information has been found, the bureau

of criminal identification of the department of attorney general shall inform the applicant and the

operator or owner of the adult entertainment business or establishment in writing of this fact.

     (e) The operator or owner of the adult entertainment business or establishment shall

maintain on file, subject to inspection by the licensing authority, evidence that a national criminal

records check have been initiated on all employees seeking employment after September 1, 2014,

and the results of the checks.

     (f) Failure to maintain that evidence on file will be prima facie evidence grounds to

revoke the license of the adult entertainment business or establishment.

     (g) The applicant shall be responsible for the cost of conducting the national criminal

records check.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

***

     This act would require those persons, corporations or other legal entities which are

owners, operators, employees or independent contractors of an adult entertainment business or

establishment to undergo a national criminal records check.

     This act would take effect upon passage.

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