1 STAFF REPORT
DATE: October 11, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Joseph McDougall, City Attorney
BY: Rita DiLorenzo, Deputy City Attorney
SUBJECT: Consideration of Human Trafficki ng Notice Requirements for Businesses and Available Enforcement Mechanisms
RECOMMENDATION
1. Note and file, or
2. Provide direction to staff regarding t he development of a Human Trafficking Notice Requirement and a local enforcement process.
BACKGROUND
At the May 24, 2022 City Council meeting, Council Member Schultz requested a first-step report on human trafficking notice requirements and enforcement options. California Civil Code Section 52.6 was enacted to eliminat e human trafficking through information and training.1 The law requires specified busine sses and other establishments to post a model notice informing the public and human tra fficking victims of how to seek help or report unlawful activity. There are three pr imary components of the law: (1) the model notice itself, (2) the mandates for businesses and establishments posting the notice, including specified training requirements, and (3) enforcement.
DISCUSSION
The Model Notice
Civil Code Section 52.6 requires the Department of Justice to develop a model notice with
1 CIV § 52.6, as amended by Stats. 2022, Ch. 106, § 1 (AB 1661), provides in pertinent part to include:
(14) Hair, nail, electrolysis, and skin care, and other related businesses or establishments.
CITY ATTORNEY’S
OFFICE
2 size, font, and specific content requirements. 2 The notice must include a specified number that a victim can text for services and support, as well as contact information for specified nonprofit organizations that provide services to eliminate human trafficking.
Mandated businesses and establishments are required to post the model notice with the most recent requirements on or after January 1, 2019.3
Mandates for businesses and establishments posting the notice The law requires specific posting mandates, language r equirements, and training requirements. Each mandated business or establishment is required to post the notice in a conspicuous place near the public entrance, or in another conspicuous location, in clear view of the public and employees where similar notices are customarily posted.4 The following businesses or establishments are required to post the model notice: (1) On- sale general public premises licensees under the Alcoholic Beverage Control Act, (2) Adult or sexually oriented businesses, (3) Primary airports, (4) Intercity passenger rail or light rail stations, (5) Bus stations, (6) Truck stops that provide food, fuel, shower or other sanitary facilities, and lawful overnight truck parking, (7) Emergency rooms within general acute care hospitals, (8) Urgent care centers, (9) Farm labor contract ors, (10) Privately operated job recruitment cent ers, (11) Roadside rest areas, (12) Businesses or establishments that offer massage or bodywork services for compensation, (13) Hotels, motels, and bed and breakfast inns, not including personal residences.5 However, the above list is not exclusive. For example, Los Angeles County adopted its own ordinance in 2021 that also requires the following businesses and establishments to post the model notice: community care fac ilities, skilled nursing facilities, barbershops, hair and nail salons 6 , gas stations, retail stores that sell food or household goods, domestic violence and homeless shelters, primary and reproductive/sexual health providers, garment manufacturing establishments, locations where commercial goods are stored, construction sites, and businesses or establishment s providing janitorial or building maintenance services. Likewise, t he City of Burbank could require additional businesses and establishments to post the notice through its own ordinance.
Per Section 52.6, each mandated business or establishment is required to post the notice in English and Spanish. In addition, for busine sses located in specific counties, a third language posting is required. Post ing in a third language is required in certain counties
2 CIV § 52.6, subd. (b), (d).
3 The State of California Department of Justice provides a model notice for download on its website:
https://oag.ca.gov/human‐trafficking/model‐notice.
4 CIV § 52.6, subd. (a).
5 CIV § 52.6, subd. (a)(1)‐(13).
6 CIV § 52.6, as amended by Stats. 2022, Ch. 106, § 1 (AB 1661), provides in pertinent part to include: (14) Hair, nail, electrolysis, and skin care, and other related businesses or establishments. 3 that are subject to the l anguage assistance provisions of the federal Voting Rights Act. 7 In the city of Burbank, the third language would be Armenian.
Finally, the statute m andates that businesses or est ablishments operating intercity passenger rail or light rail stations and bus stations must comply with a training requirement.8 The facility must provide at least 20 minutes of training to its new and existing employees who may interact with, or come in contact with, victims of human trafficking. The training must cover how to recognize and report signs of human trafficking to the appropriate law enforcement agencies. 9 Use of training materials by the Santa Clara County Valley Transit Authority and the Department of Justice is authorized by the law.10 Pursuant to the statute, there is a potential for this section of the mandate to apply to transportation services provided by the City, such as BurbankBus and Senior Transportation.
Enforcement
Section 52.6 includes specific penalties for fa ilure to post. A business or establishment that fails to comply with the law is liable fo r a civil penalty of $500 for a first offense and $1,000 for each offense thereafte r. Government agencies seeking to enforce through civil penalties must, first, provide reas onable notice of noncomp liance and allow the business or establishment 30 days to correct the violation, and second, verify that the violation was not corrected within 30 days.11
The statute does not prevent a local governing body from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. 12 Other enforcement remedies may include a public nuisance abatement, administrative fines, civil action and penalty, misdemeanor prosecuti on per a municipal code, and any other remedy allowed by law.
For example, Los Angeles County adopted it s own ordinance in 2021 addressing notice and posting requirements and training, as well as public nuis ances, enforcement, penalties, and prohibiting retaliation for good faith reporting (Attachment 2). Los Angeles County also provides that any administrat ive fine or civil penalty collected for non- compliance may be used only to fund the County’s anti-Human Trafficking activities.
FISCAL IMPACT
At this time, the fiscal impact is unknown. It is expected that costs may include design, printing, marketing, and enforcement.
7 CIV § 52.6, subd. (c).
8 CIV § 52.6, subd. (e).
9 CIV § 52.6, subds. (e)‐(g).
10 CIV § 52.6, subd. (g)(1).
11 CIV § 52.6, subd. (h).
12 CIV § 52.6, subd. (i).
4 CONCLUSION
At a minimum, specified businesses must comply with the mandates of Section 52.6. The collective goal is to educate and inform the public and employees about how to recognize and properly report signs of human trafficking, as well as provide resources and remedies to victims, to combat human trafficking.
An ordinance would allow Burbank to inclu de greater safeguards fo r victims of human trafficking. For example, a business or location used for human trafficking could qualify as a public nuisance violation. Burbank co uld extend the posted not ice requirement to business types and locations beyond those enumerated in the stat ute and prohibit retaliation for good faith reporting. As well, the training requirem ent could extend to businesses in addition to public transit.
Furthermore, creating an ordinance could expand enforcement tools beyond the statutory requirements. For example, Los Angeles C ounty drafted penalties for public nuisance, administrative fines, civil action and penalty , and misdemeanor prosecution. Currently, Chapter One of the Bur bank Municipal Code includes public nuisances 13 and administrative citations14 as penalties in its general provisions. With a human trafficking ordinance, Burbank could include the mandated statutory fines, as well as add civil action and penalty, and misdemeanor pr osecution as tools of enforcement. Choosing the appropriate remedy will ultimate ly depend on the level and seve rity of the violation and any expanded requirements t hat the ordinance contempl ates. Therefore, when considering violations, a city ordinance would enable Burbank to implement a wider range of penalties using the Burbank Municipal Code.
ATTACHMENTS
Attachment 1 – California Civil Code Section 52.6
Attachment 2 – Los Angeles County Ordinance
13 BMC § 1‐1‐108.
14 BMC § 1‐1‐108.1; however, the fine schedule in this section is not consistent with the fine schedule required in Civ. Code section 52.6.