Last week, the Legislature passed SB 6105, adult entertainment workplace standards, with amendments. The bill effectively prohibits the City of Seattle and King County (unincorporated areas only) from adopting or enforcing ordinances or regulations that:

• Limit entertainers from collecting payment for adult entertainment from customers.
• Restrict an entertainer’s proximity or distance from others before or after any adult entertainment.
• Restrict a customer’s proximity or distance from the stage during any adult entertainment.

The preemption does not apply to cities with a population smaller than 650,000 or to counties with a population smaller than 2 million.  

City preemption back in the adult entertainment workplace standards bill

March 1, 2024

On Tuesday, the House passed SB 6105, on adult entertainment workplace standards, with amendments. As it currently stands, the bill effectively prohibits the City of Seattle and King County (unincorporated areas only) from adopting or enforcing ordinances or regulations that:

• Limit entertainers from collecting payment for adult entertainment from customers.
• Restrict an entertainer’s proximity to or distance from others before or after any adult entertainment.
• Restrict a customer’s proximity to or distance from the stage during any adult entertainment.

The bill now returns to the Senate for possible concurrence.

Adult entertainment workplace standards bill voted out of the Senate

February 9, 2024

The Senate passed SB 6105 and the bill is now scheduled for a public hearing in the House Labor & Workplace Standards Committee.

AWC is optimistic that this version of the adult entertainment workplace safety proposal will continue to be the legislative vehicle this session. The House version still contains the concerning local preemption language, and good news is that the House bill appears that it will not be moving forward. HB 2036 is still in rules and would need to be voted out by the house of origin cutoff on February 13.

Dates to remember

SB 6105 is scheduled for a public hearing in the House Labor & Workplace Standards Committee on February 14 at 8 am.

Preemption removed from Senate adult entertainment bill, citing cities’ concerns

February 2, 2024

The Senate Labor Committee passed an amendment to SB 6105 removing the prohibitions on local governments adopting ordinances or regulations related to adult entertainers collecting payments from customers or restricting their proximity from others. The bill addresses worker safety without any of the concerning city preemptions.

HB 2036 is still alive in the House and contains a local preemption. As it currently stands, the bill would prohibit state agencies and local governments from adopting or enforcing laws or rules that restrict an entertainer's proximity or distance from others before or during a performance where the entertainer does not engage in inappropriate contact with another person.

Both adult entertainment bills are still moving ahead of January 31 cutoff

January 26, 2024

HB 2036 has passed out of the House Labor & Workplace Standards Committee ahead of the policy committee cutoff date (January 31 – find all 2024 cutoff dates).

The bill was amended in committee, however, to modified the preemption provision by prohibiting the ability of cities to adopt or enforce laws, rules, or ordinances that restrict an entertainer's proximity or distance from others of an entertainer before or during any exhibition, performance, or dance of any type, where the entertainer does not engage in inappropriate contact (rather than sexual contact, as provided in the underlying bill). The amendment adds a definition of “inappropriate contact”. AWC still has concerns about the state preemption of local governments.

The amendment also added language prohibiting an establishment from allowing people under 21 in an establishment that serves alcohol.

SB 6105 is also moving through the process and has been scheduled for a vote.

AWC wants to hear from you about what impact such preemption would have on your cities’ ability to regulate adult entertainment nightclubs, and the level of importance to retain the ability to enact such local regulations. Please email Lindsey Hueer, Government Relations Advocate.

Dates to remember

SB 6105 is scheduled for a vote in the Senate Labor & Commerce Committee on January 29 at 10:30 am.

Second adult entertainment bill introduced, with same preemption language for cities

January 12, 2024

SB 6105, introduced by Sen. Rebecca Saldaña (D–Seattle), provides similar provisions to HB 2036 but is not a true companion bill as it contains several technical differences. Both bills contain similar provisions intending to protect entertainers’ safety, including requiring training for employees to support entertainers in times of conflict, regulating leasing fees charged to entertainers, and requiring that establishments provide security.

AWC is concerned about the preemption language present in both bills. Cities would not be able to adopt laws, rules, ordinances, or regulations that limit or prohibit entertainers from collecting payment from customers, that regulate exposure, or prohibit physical contact with another person that would otherwise be lawful outside of the establishment:

AWC wants to hear from you about what impact such preemption would have on your cities’ ability to regulate adult entertainment nightclubs, and the level of importance to retain the ability to enact such local regulations. Please email Lindsey Hueer, Government Relations Advocate.

Dates to remember

SB 6105 is scheduled for a public hearing in the Senate Labor & Commerce Committee on Monday, January 15 at 10:30 am.

HB 2036 is scheduled a vote in the House Labor & Workplace Standards Committee on Friday, January 19 at 10:30 am.

Adult entertainment issue back this session with same preemption language as last year

January 5, 2024

HB 2036, sponsored by Rep. Amy Walen (D–Kirkland), is the latest iteration of last session’s SB 5614, which was introduced by Sen. Saldaña (D–Seattle). SB 5614 would have allowed adult entertainment nightclubs to obtain a liquor license, provided additional worker protections, and preempted cities’ ability to regulate much of the activities related to adult entertainment establishments. The bill did not pass in 2023, but legislators have continued to work on the issue with AWC and others during the past few months.

The bill contains several provisions intending to protect entertainers’ safety, including requiring training for employees to support entertainers in times of conflict, regulating leasing fees charged to entertainers, and requiring that establishments provide security.

For cities, a concerning component of HB 2036 is problematic preemption language. If passed:

• Cities would not be able to adopt laws, rules, ordinances, or regulations that limit or prohibit entertainers from collecting payment from customers, that regulate exposure, or prohibit physical contact with another person that would otherwise be lawful outside of the establishment.

Of note, in the interim, the Liquor and Cannabis Board (LCB) made clear that adult entertainment establishments could obtain a liquor license under current state RCW, though rulemaking would be required.

Read more about existing adult entertainment regulation on MRSC’s webpage.

Dates to remember

HB 2036 is scheduled for public hearing in the House Labor & Workplace Standards Committee on Friday, January 12 at 10:30 am.