WARRANT ARTICLE 21
Jonathan Davis, TMM17, Bruce Levin, TMM17, Jonathan Margolis, TMM7
Create a new Article 8.XX.1 of the Town’s General By-Laws to establish training, notice and reporting requirements for Innholders to prevent human trafficking
To see if the Town will amend the Town General By-Laws by adding the following at the
end of Part VIII as follows:
8.XX.1 As used in this Article 8.XX the term “Hotel” means a hotel as defined in the
Zoning By-Law, section 2.08(5). The term “Hotel” also means a limited service hotel as
defined in the Zoning By-Law, section 2.12(1). As used in this Article 8.XX, the term
“sex trafficking” means commercial sex induced by force, fraud and/or coercion, and also
means commercial sex by a minor for the financial benefit of another person, regardless of
how induced. As used in this Article 8.XX, the term “Employee” means (a) any employee
of the Innholder who works at least 16 hours in any week provided that such employee’s
principal work-site is the Hotel for which the license is issued and provided further that
such employee’s principal responsibilities involve physical presence with Hotel guests
and/or physical presence in Hotel guest rooms, (b) any employee of a third party, which
employee, if employed by the Innholder, would be described in (a), above, and (c) any
individual who is an independent contractor who, if the individual were employed by the
Innholder, would be described in (a), above.
8.XX.2 The Innholder of a Hotel shall provide each of its Employees as hereabove defined
with training to identify signs of possible sex trafficking in the Hotel and how to respond
appropriately when such signs are observed. Such training shall be provided by a reputable
anti-human trafficking entity, whether an agency of the Commonwealth of Massachusetts
or of the United States, a not-for-profit organization, or a for profit entity (including, by
way of example and not as a limitation, a national hotel brand). Training shall not be at
any cost, expense, or reduction in wages or other compensation to any Employee. In the
case of an Innholder that, at the time of a license application, already holds an in-force
license for the same Hotel, which license was issued after enactment of this Article 8.XX,
the Innholder shall provide the Select Board or its designee with a true and complete list
of all Employees as hereabove defined who received the training since the issue of the
current license and the job titles or job descriptions of such Employees, the identity of the
training agency, organization or entity, a brief description of the training, the date or dates
of such training, and, also, a true and complete list of all Employees as hereabove defined,
and their job titles or job descriptions, who did not receive the training.
8.XX.3 Each Innholder shall cause anti-sex trafficking notices to be prominently posted
and continually maintained in its Hotel in all locations where Employees are typically
present but where the Hotel discourages or prohibits guests from entering – for example,
staff locker rooms, staff lounges, staff snack rooms, staff lavatories, Hotel linen laundries,
administrative offices, and supply rooms. The notices may be such as are provided by an
anti-human trafficking agency, organization or entity that provides training as set forth in
8.XX.2, whether or not the agency, organization or entity has provided training to the
Employees. Each Innholder shall provide the Select Board and the Police Department with
a true copy of the notice or notices to be posted and a list of all locations where such posting
occurs. The Police Department may, at any reasonable time when the Hotel is open for
business, enter the Hotel to examine the posting and maintenance of such notices and shall
report concerns about insufficient posting and maintenance to the Innholder and to the
Select Board or its designee.
8.XX.4 In the case of an Innholder that, at the time of a license application, already holds
an in-force license for the same Hotel, which in-force license was issued after enactment
of this Article 8.XX, the Innholder shall provide the Select Board or its designee with a
true and complete report of when Employees are required to physically enter guest rooms
other than to render service requested by a room occupant, and when Employees are
required to look into guest rooms from an open doorway other than to respond to a request
by a room occupant.
8.XX.5 This Article 8.XX shall take effect upon enactment.
(a) No provision of this By-Law shall apply where prohibited or preempted by
state or federal law.
(b) If any provision of this By-Law, or the application thereof to any person or
circumstances, is declared invalid, that invalidity shall not affect other provisions or
applications of this By-Law which can be given effect without the invalid provisions or
application, and to this end the provisions of this By-Law are severable.
Or act on anything relative thereto.