HOUSE BILL NO. 5475

A bill to require the establishment of a task force on the licensing of adult entertainment establishments and performers; and to provide for the powers and duties of certain state governmental officers and entities.

the people of the state of michigan enact:

Sec. 1. As used in this act, "department" means the department of licensing and regulatory affairs.

Sec. 3. (1) The department shall establish a task force to develop and recommend statewide standards for the licensing and regulation of adult entertainment establishments and short-term adult entertainment venues and engagements, and the licensing of adult entertainment performers, including, but not limited to, recommendations concerning all of the following:

(a) For the licensing of performers, a minimum age requirement, safety training pre-requisites, and medical requirements, including, but not limited to, general physical exams before licensure or license renewal.

(b) For the licensing and regulation of establishments and short-term venues and engagements, all of the following:

(i) Standards for licensing of the venue of an adult entertainment establishment, including, but not limited to, minimal structural, safety, and liability insurance requirements.

(ii) Standards for licensing of a short-term adult entertainment venue.

(iii) Standards for licensing of the owner and managers of an adult entertainment establishment. As used in this subparagraph, "owner" includes an individual, partnership, corporation, association, or other legal entity.

(iv) Standards for licensing of short-term adult entertainment engagements undertaken by an adult entertainment performer or performers.

(c) Licensing fees for all of the following:

(i) Performers, owners, and managers of adult entertainment establishments.

(ii) Short-term adult entertainment venues.

(iii) Short-term adult entertainment engagements.

(d) License renewal and inspection timelines for all of the following:

(i) Performers, owners, and managers of adult entertainment establishments.

(ii) Adult entertainment establishments.

(e) Penalties and fines for violation of the recommended licensing standards as they apply to each of the following:

(i) Performers, owners, and managers of adult entertainment establishments.

(ii) Adult entertainment establishments.

(iii) Short-term venues for adult entertainment.

(2) Subject to subsection (3), the task force shall consist of the following members appointed by the governor:

(a) A representative of the department as an ex officio member without a vote. The representative of the department shall serve as chair of the task force.

(b) The state treasurer, or his or her designee, as an ex officio member without a vote.

(c) The director of the department of state police.

(d) The director of the law department of the city of Detroit, or his or her designee.

(e) One police officer of the police department of the city of Detroit, appointed by the mayor of Detroit.

(f) Three current or former performers who work or worked in the adult entertainment industry.

(g) Three current or former owners of adult entertainment establishments.

(h) Three current or former managers of adult entertainment establishments.

(3) The members of the task force described in subsection (2)(f), (g), and (h) shall be appointed in accordance with the following:

(a) The senate majority leader, the senate minority leader, the speaker of the house of representatives, and the minority leader of the house of representatives shall each recommend to the governor 2 individuals from each of the categories listed in subsection (2)(f), (g), and (h).

(b) The governor shall select 1 individual from each of the 2 individuals recommended by the legislative leaders described in subdivision (a) for each of the categories described in that subdivision for a total of 4 candidates for each category. The governor shall appoint 3 of the 4 candidates in each category to serve on the task force.

Sec. 5. The task force shall present a report of its recommendations to the governor, the speaker of the house, the senate majority leader, and the chairs of the house and senate regulatory reform committees not later than 1 year after the date of its establishment.

Sec. 7. At the time the report described in section 5 is presented, the department shall provide a list of all adult entertainment establishments in this state that includes information on business hours, whether the establishment serves food and alcohol, whether the establishment has private rooms, booths, or suites, and the employment status of the performers that perform at the listed establishment.