Georgia Alert: New Human Trafficking Notice Required!

Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated relating to kidnapping, false imprisonment, and related offenses has been amended. The amendments provide protections for persons that are subject to human trafficking, which is illegal in the state. To ensure the notice is seen by victims of human trafficking and individuals that can help alert persons in charge the poster must be displayed in at least two locations throughout the business. Specifically;

  • In each public restroom for the business establishment, AND
  • Either in a conspicuous place near the public entrance of the business, OR
  • In another conspicuous location in clear view of the public and employees where similar notices are customarily posted.

The following businesses must post the notice in English and Spanish and any other language deemed appropriate by the Director of the Georgia Bureau of Investigation:

  • Adult entertainment establishments
  • Bars
  • Primary airports
  • Passenger rail or light rail stations
  • Bus stations
  • Truck stops
  • Emergency rooms with general acute care hospitals
  • Urgent care centers
  • Farm labor contractors and day haulers
  • Privately operated job recruitment centers
  • Safety rest areas located along interstate highways in the state
  • Hotels
  • Businesses that offer massage or bodywork services by a person who is not a massage therapist

Several definitions are included below to assist businesses in identifying if this law applies to their organization.

Adult entertainment establishment means any place of business or commercial establishment wherein:

(A) The entertainment or activity therein consists of nude or substantially nude persons dancing with or without music or engaged in movements of a sexual nature or movements simulating sexual intercourse, oral copulation, sodomy, or masturbation;

(B) The patron directly or indirectly is charged a fee or required to make a purchase in order to view entertainment or activity which consists of persons exhibiting or modeling lingerie or similar undergarments; or

(C) The patron directly or indirectly is charged a fee to engage in personal contact by employees, devices, or equipment, or by personnel provided by the establishment. Such term shall include, but shall not be limited to, bathhouses, lingerie modeling studios, and related or similar activities. Such term shall not include businesses or commercial establishments which have as their sole purpose the improvement of health and physical fitness through special equipment and facilities, rather than entertainment.

Bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

Day hauler means any person who is employed by a farm labor contractor to transport, or who for a fee transports, by motor vehicle, workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person; provided, however, that such term shall not include a person who produces agricultural products.

Farm labor contractor means any person who, for a fee, employs workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing or producing of farm products, and who, for a fee, provides in connection therewith one or more of the following services: furnishes board, lodging, or transportation for those workers; supervises, times, checks, counts, weighs, or otherwise directs or measures their work; or disburses wage payments to such persons; provided, however, that such term shall not include a person who produces agricultural products.

Hotel means hotel, inn, or other establishment which offers overnight accommodations to the public for hire.

Truck stop means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking.

Businesses that fail to comply may be subject to penalties which include fines.

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