Wash. Admin. Code § 296-831-500 - Customer complaint log and blocklist requirements

(1) Adult entertainment establishments must record in a customer complaint log the allegations it receives that a customer has committed sex trafficking, prostitution, promotion of prostitution, or an act of violence, including assault, sexual assault, or sexual harassment, towards an entertainer. The establishment must make every effort to obtain the customer's name and if the establishment cannot determine the name, it must record as much identifying information about the customer as is reasonably possible. The establishment must retain a record of the customer's identifying information and written detail about the incident for at least five years after the most recent allegation.

(2) If an allegation involving a customer is supported by a statement made under penalty of perjury or other evidence, the establishment must add the customer to a blocklist maintained by the establishment, and must prohibit the customer from returning to the establishment for at least three years after the date of the incident. In addition to statements made under penalty of perjury, any other evidence brought forth to an employer that a customer has committed an act of violence, including assault, sexual assault, or sexual harassment towards an entertainer, should be considered credible and trigger the employer to take action as required under the customer complaint log requirements. The establishment must share the information about the customer with other establishments with common ownership. Establishments with common ownership must also add the customer to their blocklists and must prohibit the customer from entering those establishments for at least three years after the date of the incident. No entertainer may be required to provide such a statement.

(3) An establishment must have written policies and procedures for implementing the requirements of this subsection, which must include a process for employees and entertainers to record allegations involving a customer under this subsection. These policies and procedures may be a part of the establishments APP. Upon the request of the department, an establishment must make written policies and procedures and any records under this section available for inspection by the department.

(4) A standard declaration template that can be used to make a statement under penalty of perjury is provided below:

Click to view image

Notes

Wash. Admin. Code § 296-831-500

Adopted by WSR 22-10-070, Filed 5/3/2022, effective 7/1/2022 Amended by WSR 24-24-074, Filed 12/2/2024, effective 1/2/2025