In order to assist with compliance, L&I produced a list of appropriate cleaning supplies, which is available for reference on the Safety & Health for Adult Entertainers information page. Establishments may choose to use cleaning supplies not included on the list. All use of chemicals must be compliant with chapter 296-901 WAC(Hazard Communication) including, but not limited to, a written Hazard Communication program, employee training, and access to Safety Data Sheets, as well as personal protective equipment.

Yes, IPA (typically at 70% strength) may be used to clean surfaces. However, employers must ensure compliance with chapter 296-901 WAC (Hazard Communication) when using chemicals for cleaning.

Use of IPA can present a corrosive splash hazard to eyes. Employers must provide a Division of Occupational Safety and Health (DOSH) compliant emergency eyewash system (refer to chapter 296-800-WAC and DOSH Directive 13.00), chemical splash goggles, or mitigate the eye hazard in some other way.

The surface should remain wet for at least 30 seconds for sanitation to kill germs like bacteria and viruses. In some cases, it may need to stay wet longer to effectively sanitize the surface. Always follow the recommended contact time on the chemical product label.

Customer complaint logs are a record establishments must maintain which track allegations 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 record as much identifying information about the customer as reasonably possible, and must maintain written detail of the incident for at least five years after the most recent allegation.
Blocklists are additional records that must be maintained by establishments. 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, deny the customer entry to the establishment for at least three years following the incident, and must share information about the customer with other establishments with common ownership. Establishments with common ownership must also prohibit the customer entry for three years after the date of the incident.

Other evidence could be anything that substantiates an allegation made by an entertainer that a customer has committed sex trafficking, prostitution, promotion of prostitution, or an act of violence towards the entertainer. Examples include, but are not limited to, signs of physical assault, eyewitness accounts, etc.

Panic buttons must be provided in any room in the establishment where an entertainer might be alone with a customer, as well as in bathrooms and dressing rooms. Panic buttons must be accessible at the entertainer’s point of use, and the accessibility of panic buttons must be determined in coordination with, and based on, recommendations from entertainers.

Only in specific circumstances. An establishment may use panic buttons with audiovisual or tactile alerts at the entertainers’ location only if:

• The establishment has assessed its operations and alarm system with required safety and health committee; and
• The committee has unanimously determined that a visible/audible alarm is more effective for a specific location where an alarm is required.

Yes, the determination must be documented by the safety committee and apply only to the specific location within the establishment.

There is no requirement for the police to be contacted if a panic button is activated. However, establishments must have written processes and procedures accessible to all employees and entertainers for responding to customer violence or criminal activity, including when police are called.

Establishments must provide at least one dedicated security person on the premises during operating hours. Their primary duty must be security, including monitoring interactions between entertainers and customers. During peak hours, the dedicated security person cannot have duties other than security. Establishments must assess on an ongoing basis when additional security is needed. The need for additional security could occur both during and outside of peak operating hours.

Yes, safety and health complaints can be filed anonymously. Additional information about how to file a complaint can be found on L&I’s Safety Complaints web page.

No. The Adult Entertainer laws apply to all “adult entertainers” regardless of whether they are “independent contractors” or “employees.” An adult entertainer who is an “employee” also has additional rights under state law, such as paid sick leave, minimum wage rates, and overtime and other laws.
More information can be found in L&I policies ES.A.1, Minimum Wage Act Applicability and ES.A.14, Minimum Wage Act- Employment Relationships.

No. Entertainers are entitled to keep their tips and gratuities. Entertainment establishments cannot require entertainers participate in tip pools or share their tips under WAC 296-128-90030. Entertainment establishments cannot retaliate against entertainers for exercising their right to collect tips or gratuities, as required by WAC 296-128-90070.

A leasing fee is any fee, charge, or other request for money from an entertainer by an establishment in exchange for the entertainer's access or use of the establishment’s premises or for allowing an entertainer to conduct entertainment on the premises.

A leasing fee is made up of two parts: Amounts collected for performances in nonprivate performance areas, plus amounts collected for performances in private performance areas. There is a cap on each. A leasing fee includes both Part 1 and Part 2.
Part 1: A leasing fee is never allowed to be more than 30% of the amount collected by the establishment for an entertainer’s performances in nonprivate areas. Part 1 is not allowed to be more than $150.
PLUS
Part 2: A leasing fee is never allowed to be more than 30% of the amount collected by the establishment for an entertainer’s performances in private areas. There is no dollar cap on this portion of the leasing fee.

No. The establishment cannot charge an entertainer a leasing fee more than the amount the entertainer makes during their shift under RCW 49.46.360(3)(d) and WAC 296-128-90020(2)(d) or (e).

An establishment’s charges to customers can be taken into account when calculating the maximum amounts the establishment can charge an entertainer for a leasing fee in RCW 49.46.360(2)(e)(i) and WAC 296-128-90020. However, if no leasing fee is charged to the entertainer then the law does not require the establishment to include amounts charged to the customer in any agreement it makes with an adult entertainer regarding compensation.

A private performance area is a designated space within an adult entertainment establishment that provides complete visual and physical privacy. A “semi-private” area would generally not be considered a private area and would be subject to the leasing fee limit for non-private performance areas, which is never more than 30% with a cap of $150 under WAC 296-128-90020(2)(e)(i).

Yes. An entertainer may always receive and collect tips or gratuities for a performance. Tips and gratuities collected by an entertainer belong entirely to the entertainer and are not “amounts collected” for purposes of calculating leasing fees.

Example 1: An entertainer’s contract sets the cost of performances. Each dance in a non-private performance area costs a customer $50. Each dance in a private performance area costs a customer $100.

The entertainer works 8 hours and completes 10 dances in a private area and 5 dances in a non-private area. The establishment charges the entertainer a $375 leasing fee:

Non-private performance area: $50 x 5 dances= $250.

The entertainer is not charged more than 30% of $250 and is charged less than $150. Because 30% of $250 is $75, this portion of the leasing fee is allowable.

Private performance area: $100 x 10 dances = $1,000.

The entertainer is charged 30% of $1,000, which is $300.

The $75 for non-private areas + $300 for private areas equal a $375 leasing fee.

The $375 fee is allowable under WAC 296-128-90020. An establishment cannot require an entertainer to pay a leasing fee more than 30% of amounts collected by the entertainer in a non-private performance area (up to $150), plus 30% of amounts collected by the entertainer for entertainment provided in a private performance area ($300 in this example).

Example 2: An establishment does not designate charges to customers for entertainment provided in a non-private area. During an 8-hour period, an entertainer only provides entertainment in a non-private area and only receives tips from customers. The establishment still requires the entertainer to pay a $100 fee to the establishment.

The $100 fee is not allowable under WAC 296-128-90020(2)(d) or (e). In this example, the establishment cannot charge any fee because the entertainer only received tips. Tips and gratuities belong solely to the entertainer and an establishment cannot request or require that an entertainer hand over any portion of their tips.

There were no “amounts collected” for entertainment in a non-private performance area or private performance area, so the establishment cannot require the entertainer pay any leasing fee at all. “Amounts collected" for the purposes of calculating leasing fees under RCW 49.46.360(3) and associated rules, means an establishment's designated charges for entertainment provided in private performance areas and any individual performance in a private or non-private area, based on the establishment's designation of what those services cost, whether presumed, contractual, or posted.

Example 3: An establishment posts performance prices and charges a customer $120 for 3 dances in a private VIP room. Customers must pay for performances at a cashier for the establishment. Entertainers in the establishment do not directly collect any posted performance fees for the establishment and are not required to pay any fees to the establishment or give any money to the establishment.

During an 8-hour period, an entertainer completes one 3-for-$120 VIP package for a customer. The customer pays the $120 directly to the cashier for the establishment. The cashier accepts the money from the customer and then gives the entertainer 60% of what the customer paid: $24 for each dance for a total of $72.

During these 3-for-$120 dances, the customer gives the entertainer money directly, above the establishment’s posted prices for dances. The entertainer is allowed to keep all money given directly to them by the customer as a tip.

The establishment did not violate the leasing fee requirements and tip requirements in WAC 296-128-90020 and WAC 296-128-90030. The establishment does not charge entertainers leasing fees and applies this practice equally amongst all entertainers at the establishment.

Example 4: An establishment posts the price of performances, such as $120 for 3 dances in a private VIP room. Customers pay the performance fees directly to an establishment cashier. The establishment also requires entertainers pay a flat $100 fee to the establishment each night they work.

During an 8-hour period, an entertainer completes one private, 3-for-$120 VIP package for a customer and does not provide entertainment in any other non-private areas of the establishment. The customer pays the $120 directly to a cashier. During these 3-for-$120 dances, the customer also gives the entertainer money directly, above the amount paid to the cashier for the performance. The entertainer is allowed to keep all money given directly to them by the customer as a tip.

The $100 fee is not allowable under WAC 296-128-90020. The establishment charged the entertainer a leasing fee. The leasing fee cannot be more than 30% of the amounts collected for the performance in a private area, which would be $36 for the $120 VIP package. The establishment’s flat $100 fee exceeded the $36 fee allowed.

Example 5: An establishment posts the price of $120 for 3 dances in a non-private room. Customers pay for performances at a cashier for the establishment.

The written contracts between entertainers and the establishment state that $100 of the posted $120 posted price is an “entertainment charge” charged to the customer and $20 is a “couch charge” charged to the customer.

During an 8-hour period, an entertainer completes one 3-for-$120 dance package for a customer in a non-private area. The customer gives $120 directly to the cashier. The customer also gives the entertainer money directly, which the entertainer is allowed to keep as a tip.

From the $120 paid to the cashier by the customer, the establishment keeps the entire $20 couch charge and 30% of the $100 “entertainment charge,” for a total of $50. The establishment gives the entertainer 70% of the $100 “entertainment charge,” which is $70. The entertainer is not charged any form of fee by the establishment.

The establishment did not violate the leasing fee requirements in WAC 296-128-90020. The establishment did not charge an entertainer a leasing fee, as the entertainer was not required to pay any fee to the establishment and did not have to collect or turn over any part of the performance fees. The entertainer and establishment can set in their contracts how much of the establishment-collected fees will be paid out to entertainers.