[Adopted by the Town Meeting of the Town of Brookline 5-23-2023 ATM by Art. 21. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following meanings:
EMPLOYEE
A. 
Any employee of the innholder who works at least 16 hours in any week, provided that such employee's principal worksite 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 Subsection A, above; and
C. 
Any individual who is an independent contractor who, if the individual were employed by the innholder, would be described in Subsection A, above.
HOTEL
A hotel as defined in the Zoning By-law, Section 2.08, Subsection 5. The term "hotel" also means a limited-service hotel as defined in the Zoning By-law, Section 2.12, Subsection 1.
SEX TRAFFICKING
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.
The innholder of a hotel shall provide each of its employees as hereinabove 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 Chapter 8.41, the innholder shall provide the Select Board or its designee the number of all employees as hereinabove 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 the number of all employees as hereinabove defined, and their job titles or job descriptions, who did not receive the training.
Each innholder shall cause anti-sex-trafficking notices to be posted and continually maintained in its hotel in at least six prominent 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 Section 8.41.2, whether or not the agency, organization or entity has provided training to the employees. Each innholder shall provide the Select Board (or its designee) 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.
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 chapter, 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.
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.