Section 296-128-90020 - Leasing fee and other fee requirements(1) An establishment is not required to collect leasing fees or other fees from an entertainer. If an establishment charges an entertainer any leasing fee or other fee including, but not limited to, entertainment fees or room charges, such fee(s) must:(a) Apply equally to all entertainers in a given establishment;(b) Apply due dates or required timing of fee payment equally to all entertainers in a given establishment;(c) Be stated in a written contract, including a method for estimating the total amount collected by the entertainer in any eight-hour period for the purposes of calculating maximum leasing fee rates in accordance with WAC 296-128-90040; and(d) Continue to apply for a period of not less than three months. (2) An establishment may not charge an entertainer fees or interest:(a) For late payments or nonpayment of any fee;(b) For an entertainer's failure to appear at a scheduled time;(c) That result in the entertainer carrying forward an unpaid balance from any previously incurred leasing fee;(d) In an amount greater than the entertainer receives during the applicable period of access to or usage of the establishment premises; or(e) Within an eight-hour period, any leasing fee that exceeds: (i) The lesser of $150 or 30 percent of amounts collected by the entertainer in a nonprivate performance area; plus(ii) 30 percent of amounts collected by the entertainer for adult entertainment provided in a private performance area.(iii) "30 percent of amounts collected" should be calculated based on the estimated amount determined by the establishment in the written contract, and not based on the exact amounts collected by an entertainer during their shift.(3) This section does not prevent an establishment from providing leasing fee discounts or credits to encourage scheduling or charge leasing fees that vary based on the time of day, so long as these are applied uniformly.(4) This section does not require an establishment to count exact amounts collected by an entertainer at the end of a period of work.Wash. Admin. Code § 296-128-90020
Adopted by WSR 24-24-075, Filed 12/2/2024, effective 1/2/2025