The original instrument and the following digest, which does not constitute a part of
the legislative instrument, was prepared by Angela L. De Jean.
DIGEST
SB 192 Original 2018 Regular Session Bishop
Present law provides relative to holders of alcoholic retail dealer's permits for beverages of high
alcoholic content or low alcoholic content.
Present law provides that for holders of alcoholic retail dealer's permits for beverages of high
alcoholic content or low alcoholic content, the following acts or conduct on licensed premises are
deemed to constitute lewd, immoral, or improper entertainment as prohibited by present law and
therefore no on-sale permit for beverages of high alcoholic content can be held at any premises
where such conduct or acts are permitted:
(1) Employment or use of any person in the sale or service of alcoholic beverages in or upon the
licensed premises while such person is unclothed or in such attire, costume, or clothing as
to expose to view any portion of the female breast below the top of the areola or of any
portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals.
(2) Employment or use of the services of any hostess or other person to mingle with the patrons
while such hostess or other person is unclothed or in such attire, costume, or clothing.
(3) Encouraging or permitting any person on the licensed premises to touch, caress, or fondle the
breasts, buttocks, anus, or genitals of any other person.
(4) Permitting any employee or person to wear or use any device or covering, exposed to view,
which simulates the breast, genitals, anus, pubic hair, or any portion thereof.
Proposed law deletes item (4) from the list, above, as the same subject matter is covered by other
provisions of proposed law. Proposed law otherwise retains present law.
Proposed law provides that proposed law shall apply to holders of alcoholic retail dealer's permits
for beverages of high alcoholic content and low alcoholic content.
Present law provides that for holders of alcoholic retail dealer's permits for beverages of both high
alcoholic content or low alcoholic content, live entertainment is permitted on any licensed premises,
except that no permittee can permit any person to perform acts of or acts that simulate:
(1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any
sexual acts which are prohibited by law.
(2) The touching, caressing or fondling of the breast, buttocks, anus, or genitals. (3) The displaying of the pubic hair, anus, vulva, genitals, or nipple of the female breast.
Proposed law deletes the present law reference to "live entertainment" and provides that no permittee
shall permit any person on the licensed premises to engage in the following:
(1)Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any
sexual acts which are prohibited by law.
(2)The displaying of the pubic hair, anus, vulva, or genitals.
Proposed law provides an exception for conduct in theaters, concert halls, art centers, museums, or
similar establishments that are primarily devoted to the arts or theatrical performances. Proposed law
further provides that such exception shall never apply to any sexually oriented business.
Proposed law provides that the provisions and exception of proposed law shall apply to holders of
alcoholic retail dealer's permits for beverages of high alcoholic content and low alcoholic content.
Present law provides that, subject to provisions of present law, entertainers whose breasts or buttocks
are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor
level and removed at least three feet from the nearest patron and shall be 21 years of age or older.
Proposed law provides that, only in a licensed premises that regularly offers live performances or
other conduct involving nudity or semi-nudity, no permittee can allow any person to appear in a
semi-nude condition upon the licensed premises unless the person is 21 years of age or older.
Proposed law defines "semi-nude" as the displaying of the pubic hair, anus, vulva, or genitals, but
does not include any portion of the cleavage of the female breast exhibited by a bikini, dress, blouse,
shirt, leotard, or similar apparel provided that the areola is not exposed in whole or in part.
Proposed law provides an exception for performances by burlesque dancers who are scheduled or
hired to perform for a live audience.
Proposed law provides that the provisions and exception of proposed law shall apply to holders of
alcoholic retail dealer's permits for beverages of both high alcoholic content and low alcoholic
content.
Proposed law provides that the purpose of proposed law is to regulate conduct in establishments
licensed to sell beverages of high alcoholic content and low alcoholic content so as to promote the
health, safety, and general welfare of the public.
Proposed law creates the Human Trafficking Education Program to be approved by the
commissioner and designed to educated Human Trafficking Guardians about opportunities to
identify potential or actual victims of human trafficking and services available to help victims.
Proposed law defines "Human Trafficking Guardian" as any person who owns, manages, or participates in the hiring of any person to work at an adult bookstore, an adult paraphernalia store,
a sexually oriented business, or a retail establishment that provides adult-oriented entertainment in
which performers disrobe or perform in an unclothed state for entertainment purposes.
Proposed law provides that in order for a Human Trafficking Guardian to qualify for and maintain
certification, all of the following are required:
(1) Enrollment in the human trafficking education program and verification that the Human
Trafficking Guardian has read and understands a Human Trafficking Education Handbook.
(2) Completion of all human trafficking education courses within forty-five days after
commencing employment and securing and maintaining a Human Trafficking Education
Certificate.
(3)Attendance at a refresher course by each Human Trafficking Guardian at least once every
four years.
(4)Regular training of employees on how to recognize human trafficking, how to report human
trafficking, and the obligation to report any suspected or known human trafficking occurring
on the premises.
(5)Maintenance of training verification records of its employees.
Proposed law provides that all Human Trafficking Guardians and their employees shall be mandatory
reporters and required to report any instance of human trafficking or suspected human trafficking
occurring on the licensed premises.
Proposed law provides that the owner of an alcohol license in good standing as a Human Trafficking
Partner shall be immediately alerted by law enforcement of known illegal activity on the premises.
Proposed law defines "mandatory reporter" as all Human Trafficking Guardians and all full-time and
part-time employees employed by the Human Trafficking Guardian.
Proposed law provides that, after an investigation, if ATC has evidence that a mandatory reporter
knew or should have known of human trafficking or attempted human trafficking, it shall be grounds
for proceedings for suspension or revocation of the Human Trafficking Guardian's alcoholic retail
dealer's permit.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends 26:90(D) and (E), 286(D) and (E), 931, 932, 933(E) and (F) and 934; adds R.S. 26:90(L),
286(K), and 933(G); repeals R.S. 26:90(B)(4) and 286(B)(4))