Promoting prostitution at a business — Civil liability

Ark. Code Ann. § 16-118-120 — under Miscellaneous Actions.

Ark. Code Ann. § 16-118-120

(a) As used in this section:(1) “Business” means a corporation, partnership, sole proprietorship, limited liability corporation, or other business entity organized under the laws of this state; and(2) “Involved in a prostitution violation” means to the knowledge of an owner, a manager, or other person with an ownership interest in the business, the business:(A) Permits, facilitates, or allows prostitution to occur on the premises of the business or through the business's operations;(B) Employs, contracts, or otherwise engages individuals for the purpose of prostitution or benefits from the employment, contracting with, or otherwise engaging individuals for the purpose of prostitution;(C) Fails to take reasonable measures to prevent prostitution-related activities after receiving notice of prostitution-related activities; or(D) Advertises, promotes, or provides a platform for the facilitation of prostitution.

(1) “Business” means a corporation, partnership, sole proprietorship, limited liability corporation, or other business entity organized under the laws of this state; and

(2) “Involved in a prostitution violation” means to the knowledge of an owner, a manager, or other person with an ownership interest in the business, the business:(A) Permits, facilitates, or allows prostitution to occur on the premises of the business or through the business's operations;(B) Employs, contracts, or otherwise engages individuals for the purpose of prostitution or benefits from the employment, contracting with, or otherwise engaging individuals for the purpose of prostitution;(C) Fails to take reasonable measures to prevent prostitution-related activities after receiving notice of prostitution-related activities; or(D) Advertises, promotes, or provides a platform for the facilitation of prostitution.

(A) Permits, facilitates, or allows prostitution to occur on the premises of the business or through the business's operations;

(B) Employs, contracts, or otherwise engages individuals for the purpose of prostitution or benefits from the employment, contracting with, or otherwise engaging individuals for the purpose of prostitution;

(C) Fails to take reasonable measures to prevent prostitution-related activities after receiving notice of prostitution-related activities; or

(D) Advertises, promotes, or provides a platform for the facilitation of prostitution.

(b) In addition to any other penalty or liability authorized by law, a business involved in a prostitution violation is subject to the following civil liability:(1) For a first involvement in a prostitution violation, any business license granted under the laws of the state to the business shall be suspended for thirty (30) days, and the business shall be issued a civil penalty of five thousand dollars ($5,000);(2) For a second involvement in a prostitution violation, any business license granted under the laws of the state to the business shall be suspended for sixty (60) days, and the business shall be issued a civil penalty of ten thousand dollars ($10,000); and(3) For a third or subsequent involvement in a prostitution violation, any business license granted under the laws of the state shall be revoked, and the business shall be issued a civil penalty of one hundred thousand dollars ($100,000).

(1) For a first involvement in a prostitution violation, any business license granted under the laws of the state to the business shall be suspended for thirty (30) days, and the business shall be issued a civil penalty of five thousand dollars ($5,000);

(2) For a second involvement in a prostitution violation, any business license granted under the laws of the state to the business shall be suspended for sixty (60) days, and the business shall be issued a civil penalty of ten thousand dollars ($10,000); and

(3) For a third or subsequent involvement in a prostitution violation, any business license granted under the laws of the state shall be revoked, and the business shall be issued a civil penalty of one hundred thousand dollars ($100,000).

(c) Civil penalties received under subsection (b) of this section shall be deposited into the Arkansas Human Trafficking Council Support Fund or its successor fund or successor fund account.