E.D.A.
RECOMMENDATIONS FOR OPERATION OF ADULT ENTERTAINMENT THEATERS
In
the Spring of 1998, Exotic Dancers Alliance introduced specific policy
recommendations regarding the operation of adult entertainment theaters
in San Francisco to members of the Mayor's Office, Board of Supervisors,
Commission on the Status of Women, Human Rights Commission, and local
community organizations. The recommendations are intended to ensure
that the adult entertainment venues provide a safe working environment
for both employees and patrons and operate in accordance with the legal
standards of all appropriate City and County, State and Federal agencies
and guidelines:
It shall be unlawful for any person to operate an Adult Entertainment
Theater, without first having obtained a permit and paid an application
fee and annual renewal fees.
An application
for an Adult Entertainment Theater permit shall be referred to the State
Division of Occupational Safety and Health, Labor Commission, and City
Departments of Building Inspection, Public Health, and Fire; Departments
shall inspect the premises and make written findings concerning compliance
with the codes that they administer within 14 days.
An Adult Entertainment Theater permit will be issued within 14 days
following a hearing if all requirements are met. The City may refuse
to issue any permit in any case where there is reasonable grounds to
determine that the Adult Entertainment Theater premises will be or are
being managed, conducted or maintained in such a manner as to endanger
the health or safety of the employees or patrons thereof or to coerce
any employee or patrons to engage in any illegal conduct.
No permit shall be transferable except with the written consent of the
City, and documentation that the transferee meets all operating requirements.
Adult Entertainment Theaters must comply with all State and Federal
Labor laws and Occupational Health and Safety regulations; Workplace
Injury and Illness guidelines; Violence Prevention policies; and Disability
access regulations.
Adult Entertainment Theaters may not build any new rooms, or expand
existing ones, without obtaining appropriate permits. It must be possible
for staff to view any activity occurring on the premesis, and to have
direct access to all areas in the event of an emergency.
Certified and trained security staff must be present at all times during
hours of operation wherever live performances occur.
Provision of a separate dressing room for Exotic Dancers and other Employees
of a different gender must be available on the premises with individual
lockers for each Employee.
All Exotic Dancers are employees, and should be afforded hourly wages
in accordance with labor laws and minimum wage standards. Independent
contractors will negotiate all terms of employment with theater management
at arms length and will be compensated accordingly in compliance with
State and Federal labor standards.
Employers
shall not charge Exotic Dancers "stage fees," "late fees"
or otherwise in order to work in the establishment.
No commission/quota/piece rate systems shall be initiated by
management wherein Exotic Dancers must share any percentage of their
earned wages or tips with management.
If the employer is illegally uninsured or has misclassified workers,
the worker may file an unemployment claim with the Employment Development
Department and the employer shall be responsible for all mandated retributions.
All Employees must be covered by workers compensation per mandated
employer contributions. If the employer is illegally uninsured or has
misclassified workers, the injured worker may claim against the Uninsured
Employers' Fund.
Employers may not retaliate against any worker who has filed
a complaint to a governing agency regarding working conditions or wage
irregularities in accordance with State and Federal Labor Codes.
All Exotic Dancers, as employees or independent contractors,
shall have the right to join or form trade unions or collective organizations
and shall be legally recognized as such by management. Employers or
Permittees will not retaliate against workers for organizing activities
and will bargain in good faith during negotiation proceedings in accordance
with City, State, and Federal labor laws. In addition, employers will
not censor communication between workers (verbal and/or written) and/or
will not retaliate against workers for any public activities during
organizing efforts.
Employers shall provide individual or group health insurance
benefits to all full-time employees.
Employers must make complaint forms available to employees on-site
at all times in addition to a complete listing of local, State and Federal
enforcement agencies. Anonymous or confidential complaints may be filed
by employees to report any violations.
Any Person who violates any provisions may, after being provided
notice and an opportunity to be heard, be subject to an administrative
fine for each violation, or immediate closure of the establishment.
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