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| 5 | 5 | | 2025 -- S 0548 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000930 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- RETAIL LICENSES -- ADULT SEX VENUES |
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| 16 | 16 | | Introduced By: Senators Bell, Ciccone, Mack, Kallman, Burke, and E Morgan |
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| 17 | 17 | | Date Introduced: February 26, 2025 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Purpose and intent. 1 |
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| 23 | 23 | | (1) The intent of this act is to require licensure of establishments currently operating 2 |
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| 24 | 24 | | without a license. 3 |
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| 25 | 25 | | (2) This act is not intended to legalize any form of business currently illegal. 4 |
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| 26 | 26 | | SECTION 2. Chapter 3-7 of the General Laws entitled "Retail Licenses" is hereby amended 5 |
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| 27 | 27 | | by adding thereto the following section: 6 |
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| 28 | 28 | | 3-7-16.11. Class S license. 7 |
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| 29 | 29 | | (a) Any adult sex venue as defined in § 23-104-1 that allows, authorizes, or permits 8 |
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| 30 | 30 | | customers, clients, patrons, employees, or members to bring alcoholic beverages onto the premises 9 |
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| 31 | 31 | | or consume alcoholic beverages on the premises shall be required to obtain a class S license, unless 10 |
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| 32 | 32 | | the adult sex venue holds a Class B license pursuant to § 3-7-7 or a Class N nightclub license 11 |
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| 33 | 33 | | pursuant to § 3-7-16.6 and does not permit customers, clients, patrons, or members to bring outside 12 |
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| 34 | 34 | | alcoholic beverages onto the premises. 13 |
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| 35 | 35 | | (b) A local licensing authority may issue a Class S license that shall allow the license holder 14 |
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| 36 | 36 | | to permit patrons to bring their own alcohol to be consumed on the property and served only by 15 |
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| 37 | 37 | | staff members of the business. A Class S license shall be understood as a limited, nonretail license. 16 |
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| 38 | 38 | | As such, a Class S license does not confer the right to retail sales, and a Class S license is bound to 17 |
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| 39 | 39 | | all limitations and regulations as set forth therein and otherwise contained within title 3. A Class S 18 |
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| 40 | 40 | | license holder shall comply with all the requirements set forth by the department of business 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000930 - Page 2 of 6 |
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| 44 | 44 | | regulation. 1 |
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| 45 | 45 | | (c) The annual license fee for a Class S license shall be one hundred dollars ($100) to two 2 |
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| 46 | 46 | | thousand dollars ($2,000). 3 |
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| 47 | 47 | | (d) Class S license holders may be open for business from twelve o'clock (12:00) p.m. to 4 |
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| 48 | 48 | | two o'clock (2:00) a.m. provided no beverage is sold or served after one o'clock (1:00) a.m. 5 |
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| 49 | 49 | | (e) Class S license holders are not permitted to hold dances within the licensed premises, 6 |
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| 50 | 50 | | unless proper permits have been properly obtained from the local licensing authorities. 7 |
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| 51 | 51 | | (f) Class S license holders are subject to restrictions on entertainment pursuant to § 3-7-8 |
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| 52 | 52 | | 7.3. 9 |
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| 53 | 53 | | (g) A Class S license shall not, in and of itself, subject the license holder to the provisions 10 |
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| 54 | 54 | | of § 3-7-27 relating to insurance. 11 |
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| 55 | 55 | | (h) Before approving or renewing a Class S license, the local licensing authority may cause 12 |
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| 56 | 56 | | an examination or examinations to be made of the premises of the applicant. 13 |
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| 57 | 57 | | (i) The department of business regulation shall promulgate rules and regulations to 14 |
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| 58 | 58 | | implement the provisions of this section. 15 |
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| 59 | 59 | | SECTION 3. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 16 |
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| 60 | 60 | | amended by adding thereto the following chapter: 17 |
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| 61 | 61 | | CHAPTER 104 18 |
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| 62 | 62 | | ADULT SEX VENUES 19 |
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| 63 | 63 | | 23-104-1. Definitions. 20 |
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| 64 | 64 | | As used in this chapter: 21 |
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| 65 | 65 | | (1) “Adult sex venue” means any commercial establishment that is operated in a manner 22 |
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| 66 | 66 | | that encourages patrons to engage in, or to watch others engaging in, sexual activities on the 23 |
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| 67 | 67 | | premises, or that, as a regular part of its operations, permits patrons to engage in sexual activities 24 |
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| 68 | 68 | | on the premises or to watch others doing so. The following uses shall not constitute an adult sex 25 |
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| 69 | 69 | | venue: a residential unit, as defined in § 42-63.1-2; a use subject to the hotel tax pursuant to § 44-26 |
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| 70 | 70 | | 18-36.1, or exempt due to being rented in its entirety; a medical facility licensed by the department 27 |
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| 71 | 71 | | of health; and other exempt uses that the director may establish through regulation. An exempt use 28 |
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| 72 | 72 | | of the property shall not exempt other uses of the property from classification as an adult sex venue. 29 |
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| 73 | 73 | | (2) “As a regular part of its operations” means a common occurrence or in any way a part 30 |
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| 74 | 74 | | of the business model. 31 |
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| 75 | 75 | | (3) “Commercial establishment” means a place to which persons are admitted to the 32 |
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| 76 | 76 | | premises or any portion of the premises upon payment of a fee or charge, whether the fee or charge 33 |
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| 77 | 77 | | is made at the time of admission or before or after, such as through fees or charges for membership, 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000930 - Page 3 of 6 |
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| 81 | 81 | | food, drink, or any other product, service, or activity. A commercial establishment need not 1 |
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| 82 | 82 | | function at all times as such, but rather may be a place that does not ordinarily function as a business 2 |
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| 83 | 83 | | or does not ordinarily require payment of a fee or charge for admission to the premises or any 3 |
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| 84 | 84 | | portion of the premises. 4 |
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| 85 | 85 | | (4) “DBR” means the department of business regulation. 5 |
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| 86 | 86 | | (5) “Department” means the department of health. 6 |
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| 87 | 87 | | (6) “Director” means the director of the department of health, or the director’s designee. 7 |
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| 88 | 88 | | (7) “Genitals” shall mean the penis, vulva, or anus of any person or the nipples of a person 8 |
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| 89 | 89 | | who identifies as female. 9 |
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| 90 | 90 | | (8) “Sexual activity” means the following acts: sexual intercourse, including anal 10 |
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| 91 | 91 | | intercourse; oral sex; intentional touching of another person’s genitals if it can reasonably be 11 |
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| 92 | 92 | | construed as intended to be for the purpose of sexual arousal; or intentional display of genitals for 12 |
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| 93 | 93 | | others to view if it can reasonably be construed as intended to be for the purpose of sexual arousal. 13 |
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| 94 | 94 | | 23-104-2. Standards. 14 |
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| 95 | 95 | | (a) By no later than January 1, 2026, the department of health ("department") shall adopt 15 |
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| 96 | 96 | | standards for adult sex venues. 16 |
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| 97 | 97 | | (b) The standards shall include: 17 |
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| 98 | 98 | | (1) Sanitation standards; 18 |
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| 99 | 99 | | (2) Requirements to display signage informing patrons of the department's RIghtTime: RI's 19 |
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| 100 | 100 | | Sex Health App and the department’s 1-2-3 testing program for sexually transmitted infections; 20 |
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| 101 | 101 | | (3) Prohibitions on access to the premises by minors or persons visibly intoxicated; 21 |
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| 102 | 102 | | (4) Protocols to minimize the spread of sexually transmitted infections, including, but not 22 |
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| 103 | 103 | | limited to, requirements to make available to patrons free of charge condoms, lubricant, and other 23 |
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| 104 | 104 | | items that prevent against the spread of sexually transmitted infections, as specified by the director, 24 |
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| 105 | 105 | | if the sexual activities permitted on the premises include sexual intercourse; 25 |
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| 106 | 106 | | (5) Protocols to ensure that all sexual activity conducted on the premises be consensual; 26 |
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| 107 | 107 | | (6) Protocols to reduce the risk of human trafficking; and 27 |
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| 108 | 108 | | (7) Such other requirements, protocols, standards, and/or prohibitions as the director 28 |
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| 109 | 109 | | determines are necessary and appropriate. 29 |
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| 110 | 110 | | (c) The department shall promulgate rules and regulations to implement the provisions of 30 |
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| 111 | 111 | | this section, including penalties for violations. 31 |
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| 112 | 112 | | 23-104-3. License -- Violations -- Penalties. 32 |
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| 113 | 113 | | (a) No adult sex venue shall be permitted to operate without a license issued by the local 33 |
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| 114 | 114 | | licensing authority of the municipality. Licenses may only be issued if the applicant has provided 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000930 - Page 4 of 6 |
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| 118 | 118 | | evidence satisfactory to the local licensing authority that the applicant shall comply with all 1 |
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| 119 | 119 | | provisions of this chapter, all applicable municipal ordinances, and rules and regulations 2 |
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| 120 | 120 | | promulgated by the department pursuant to the provisions of § 23-104-2. 3 |
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| 121 | 121 | | (b) The annual adult sex venue license fee shall be one hundred dollars ($100) to two 4 |
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| 122 | 122 | | thousand dollars ($2,000). 5 |
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| 123 | 123 | | (c) Adult sex venues may only be open for business from eight o'clock (8:00) a.m. to two 6 |
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| 124 | 124 | | o'clock (2:00) a.m. Municipalities may, by ordinance, further limit the hours of operation. 7 |
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| 125 | 125 | | (d) Adult sex venues are subject to restrictions on entertainment pursuant to § 3-7-7.3. 8 |
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| 126 | 126 | | (e) A local licensing authority may require that a business show cause as to why it should 9 |
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| 127 | 127 | | not be required to be licensed as an adult sex venue. Should the local licensing authority determine 10 |
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| 128 | 128 | | that the business is subject to licensure at a show cause hearing, the local licensing authority shall 11 |
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| 129 | 129 | | order the closure of the business. Such closure order may be immediate, or the local licensing 12 |
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| 130 | 130 | | authority may permit the partial or full continued operation of the business for a period of up to 13 |
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| 131 | 131 | | seven (7) days to allow the business an opportunity to file an application for a license in compliance 14 |
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| 132 | 132 | | with the provisions of this chapter and any applicable municipal ordinances. 15 |
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| 133 | 133 | | (f) Any adult sex venue operating in violation of this provisions of this chapter or any 16 |
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| 134 | 134 | | applicable municipal ordinances shall be subject to enforcement action by the local licensing 17 |
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| 135 | 135 | | authority. The local licensing authority may revoke and/or suspend the license and may order a full 18 |
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| 136 | 136 | | or partial closure. Following a suspension, revocation, or closure, including a partial closure, a 19 |
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| 137 | 137 | | license holder may file an appeal to DBR pursuant to the provisions of § 3-7-21. 20 |
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| 138 | 138 | | (g) Any stay of the suspension, revocation, or closure order by DBR shall be limited to a 21 |
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| 139 | 139 | | maximum of sixty (60) days. If the appeal is not finalized within the sixty (60) day period, then the 22 |
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| 140 | 140 | | stay shall be lifted, and the suspension, revocation, or closure shall immediately be imposed. 23 |
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| 141 | 141 | | (h) In addition to suspension, revocation, or closure, the local licensing authority shall also 24 |
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| 142 | 142 | | be empowered to levy fines, as well as any penalties that may be levied against the holder of any 25 |
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| 143 | 143 | | license issued pursuant to chapter § 3-7. 26 |
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| 144 | 144 | | 23-104-4. No right to license. 27 |
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| 145 | 145 | | (a) No facility or business shall have a right to issuance of a license to engage in the 28 |
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| 146 | 146 | | operation of an adult sex venue. Issuance of a license for the operation of an adult sex venue shall 29 |
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| 147 | 147 | | be at the discretion of the local licensing authority. 30 |
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| 148 | 148 | | (b) Municipalities are authorized to prohibit the operation of adult sex venues within the 31 |
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| 149 | 149 | | municipality's jurisdiction. 32 |
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| 150 | 150 | | 23-104-5. No abrogation of existing laws. 33 |
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| 151 | 151 | | Nothing in this chapter shall be construed as abrogating or affecting the provisions of 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000930 - Page 5 of 6 |
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| 155 | 155 | | chapter 37 of title 11 (sexual assault) or the enforcement or prosecution for the violation of any 1 |
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| 156 | 156 | | general or special law, ordinance, rule, or regulation. 2 |
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| 157 | 157 | | SECTION 4. Section 11-67.1-20 of the General Laws in Chapter 11-67.1 entitled "Uniform 3 |
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| 158 | 158 | | Act on Prevention of and Remedies for Human Trafficking" is hereby amended to read as follows: 4 |
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| 159 | 159 | | 11-67.1-20. Display of public-awareness sign — Penalty for failure to display. 5 |
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| 160 | 160 | | (a) Any public or quasi-public transportation agency shall display a public-awareness sign 6 |
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| 161 | 161 | | that contains the state and national human trafficking resource center hotline information in every 7 |
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| 162 | 162 | | transportation station, rest area, and welcome center in the state that is open to the public. 8 |
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| 163 | 163 | | (b) An employer shall display the public-awareness sign described in subsection (a) of this 9 |
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| 164 | 164 | | section in a place that is clearly conspicuous and visible to employees and the public at each of the 10 |
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| 165 | 165 | | following locations in this state at which the employer has employees: 11 |
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| 166 | 166 | | (1) A strip club, adult sex venue as defined in § 23-104-1, or other sexually-oriented 12 |
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| 167 | 167 | | business; 13 |
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| 168 | 168 | | (2) A business entity previously found to be a nuisance for prostitution; 14 |
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| 169 | 169 | | (3) A job-recruitment center; 15 |
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| 170 | 170 | | (4) A hospital; or 16 |
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| 171 | 171 | | (5) An emergency-care provider. 17 |
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| 172 | 172 | | (c) The public awareness sign shall be from a menu of options designed by the council on 18 |
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| 173 | 173 | | human trafficking, unless the council on human trafficking has yet to design a public awareness 19 |
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| 174 | 174 | | sign, in which case the employer, transportation station, rest area, or welcome center shall design 20 |
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| 175 | 175 | | the sign. 21 |
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| 176 | 176 | | (c)(d) The department of labor and training shall impose a fine of three hundred dollars 22 |
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| 177 | 177 | | ($300) per violation on an employer that knowingly fails to comply with subsection (b) of this 23 |
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| 178 | 178 | | section. The fine shall be the exclusive remedy for failure to comply. 24 |
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| 179 | 179 | | SECTION 5. This act shall take effect on January 1, 2026. 25 |
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| 181 | 181 | | LC000930 |
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| 183 | 183 | | |
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| 184 | 184 | | |
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| 185 | 185 | | LC000930 - Page 6 of 6 |
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| 186 | 186 | | EXPLANATION |
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| 187 | 187 | | BY THE LEGISLATIVE COUNCIL |
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| 188 | 188 | | OF |
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| 189 | 189 | | A N A C T |
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| 190 | 190 | | RELATING TO HEALTH AND SAFETY -- RETAIL LICENSES -- ADULT SEX VENUES |
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| 191 | 191 | | *** |
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| 192 | 192 | | This act would prohibit adult sex venues from operating unless they obtain a license from 1 |
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| 193 | 193 | | the local licensing authority and submit to health and safety regulation by the department of health. 2 |
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| 194 | 194 | | This act would also establish a new liquor license for adult sex venues that permit patrons to bring 3 |
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| 195 | 195 | | alcoholic beverages onto the premises. 4 |
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| 196 | 196 | | This act would take effect on January 1, 2026. 5 |
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| 198 | 198 | | LC000930 |
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