§ 7.1-3-23-20.5 — Adult entertainment performers; retailer's permit holders

Indiana § 7.1-3-23-20.5

• Jurisdiction: Indiana
• Art. 3: PERMITS
• Ch. 23: Denial, Suspension, and Revocation of Permits

Text

5. (a) As used in this section, "adult
entertainment" means adult oriented entertainment in which performers
disrobe or perform in an unclothed state for entertainment.
(b) This section applies to the holder of a retailer's permit that
provides adult entertainment on the licensed premises.
(c) The holder of a retailer's permit that provides adult entertainment
on the licensed premises shall do the following:
(1) Require a performer who provides adult entertainment on the
licensed premises to provide proof of age by at least one (1) form
of government issued identification, including a:
(A) state issued driver's license;
(B) state issued identification card; or
(C) passport;
showing the performer to be at least eighteen (18) years of age.
(2) Require a performer who provides adult entertainment on the
licensed premises to provide proof of legal residency in the
United States by means of:
(A) a birth certificate;
(B) a Social Security card;
(C) a passport;
(D) valid documentary evidence of lawful status under IC 9-24-9-2.5; or
(E) other valid documentary evidence issued by the United
States demonstrating that the performer is entitled to reside in
the United States.
(3) Take a photograph of each adult entertainer who auditions to
provide adult entertainment at the licensed premises at the time
of the audition and retain the photograph for at least three (3)
years after:
(A) the date of the audition; or
(B) the last day on which the performer provides adult
entertainment at the licensed premises;
whichever is later. A photograph taken under this subdivision
may show only the adult entertainer's facial features.
(4) Require all performers and other employees of the retail
permit holder to sign a document approved by the commission to
acknowledge their awareness of the problem of human trafficking.
(5) Display human trafficking awareness posters in at least two
(2) of the following locations on the licensed premises:
(A) The office of the manager of the licensed premises.
(B) The locker room used by performers or other employees.
(C) The break room used by performers or other employees.
Posters displayed under this subdivision must describe human
trafficking, state indicators of human trafficking (such as
restricted freedom of movement and signs of physical abuse), set
forth hotline telephone numbers for law enforcement, and be
approved by the commission.
(6) Cooperate with any law enforcement investigation concerning
allegations of a violation of this section.
(d) The commission may revoke, suspend, or refuse to renew the
permit issued for the licensed premises if the holder fails to comply
with subsection (c).
(e) In determining whether to revoke, suspend, or refuse to renew
the permit issued for a licensed premises under subsection (d), the
commission may consider:
(1) the extent to which the permit holder has cooperated with any
law enforcement investigation as required by subsection (c)(6);
and
(2) whether the permit holder has provided training to performers
who provide adult entertainment at the permit holder's licensed
premises and other employees of the licensed premises through a
program that:
(A) is designed to increase the awareness of human trafficking
and assist victims of human trafficking; and
(B) has been approved by:
(i) a department of the United States government; or
(ii) a nationwide association made up of operators who run
adult entertainment establishments.

Legislative History

As added by P.L.237-2015, SEC.2. Amended by P.L.13-2016, SEC.2; P.L.85-2017, SEC.36; P.L.211-2023, SEC.10.