[HISTORY: Adopted by the Village Board of the Village of
Pleasant Prairie 1-7-2013 by Ord. No. 13-02. Amendments noted where
applicable.]
This chapter is adopted pursuant to authority granted by the
Wisconsin Statutes, including, without limitation, §§ 61.34(1)
and 66.0415(1), Wis. Stats.
It is the purpose and intent of the Village that the licensing
of escorts and escort services be regulated so as to further the public
interest, safety and welfare by providing minimum qualifications and
to regulate, prevent, combat, control and mitigate the harmful secondary
effects of escorts and escort services operated within the Village,
in a manner that is fully consistent with the First Amendment of the
United States Constitution.
The provisions of this chapter shall be interpreted to be minimum
requirements and shall be liberally construed in favor of the Village.
Any word, term or phrase that is defined in this chapter shall have
the meaning stated in its definition. Any undefined word, term or
phrase shall have its common, ordinary meaning unless some other particular
meaning is clearly suggested by the context in which it appears. As
used in this chapter, "shall" is mandatory and "may" is permissive.
Headings are provided in this chapter only for convenience and ease
of reference, and such headings shall not be used to interpret the
meaning, purpose or effect of any provision of this chapter. Notwithstanding
any of the foregoing statements regarding interpretation, this chapter
shall be interpreted so as to be fully consistent with the requirements
of the First Amendment of the United States Constitution.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who, for a fee, commission, salary, hire, profit,
payment or other monetary considerations, accompanies or offers to
accompany another person to or about social affairs, entertainment
or places of amusement or consorts with another person about any place
of public resort or within any private quarters or agrees to privately
model lingerie, perform a striptease or perform in a nude or seminude
state for another person or persons.
Service provided by any person who, for a fee, commission,
salary, hire, profit, payment or other monetary consideration, furnishes
or offers to furnish names of persons who may accompany other persons
to or about social affairs, entertainment or places of amusement or
who may consort with others about any place of public resort or within
any private quarters or agrees to privately model lingerie, perform
a striptease or perform in a nude or seminude state for another person
or persons.
An escort service in which the actual services of an escort
are performed at a defined address associated with the escort service.
A.
Other than as stated below in this section, this chapter does not
apply to businesses, agencies and persons licensed by the State of
Wisconsin or the Village of Pleasant Prairie pursuant to a specific
statute or ordinance and employees employed by a business so licensed
and which performs an escort or an escort service function as a service
merely incidental to the primary function of such profession, employment
or business and which do not hold themselves out to the public as
an escort or an escort service, or unlicensed individuals performing
substantially the same function as an employee employed by a licensed
business which performs an escort or an escort service function as
a service merely incidental to the primary function of such profession,
employment or business and who do not hold themselves out to the public
as an escort or an escort service, including but not limited to individuals
engaged in child-care activities, companions to the elderly, and health
care workers accompanying individuals.
B.
This chapter prohibits holders of adult-oriented use licenses, as defined in Chapter 108 of this Code, and employees employed by a business holding such licenses, from holding licenses provided under this chapter. Accordingly, those businesses or employees are not exempt from this prohibition or prohibition against acting as an escort or escort service without a license. All other conduct of adult-oriented uses, however, is governed by Chapter 108 and not this chapter.
A.
No escort service shall operate or provide service in the Village
of Pleasant Prairie without first obtaining an escort service license
issued by the Village of Pleasant Prairie.
B.
No person shall escort in the Village of Pleasant Prairie unless employed by an escort service licensed by the Village of Pleasant Prairie and properly registered pursuant to § 170-13.
C.
Any person, partnership or corporation which desires to operate or
provide services from more than one location must have a license for
each location.
D.
No license or interest in a license may be transferred to any person,
partnership or corporation.
E.
No person may advertise indicating that an escort service is available
in the Village of Pleasant Prairie unless that service possesses a
valid license. No escort service may in any manner advertise its services
as licensed by the Village of Pleasant Prairie.
F.
No location-specific escort service shall operate from the same physical address as an adult-oriented use establishment as defined in Chapter 108.
G.
No escort service shall hold an escort service license and also hold an adult-oriented use license as defined in Chapter 108.
H.
All escort services and location-specific escort services existing
in the Village at the time of the adoption of this chapter must submit
an application for a license within 60 days of the adoption of this
chapter.
A.
Any person desiring to secure a license under this chapter shall
make application to the Village Clerk.
B.
The application for a license shall be on a form approved by the
Village Clerk and accompanied by the required fee. An applicant for
a license (which shall include each partner and limited partner of
a partnership applicant, each officer and director of a corporate
applicant, each stockholder holding 10% or more of the stock or beneficial
ownership and every other person who is interested directly in the
ownership or operation of the business) shall furnish the following
information under oath:
(1)
Name and address, including all aliases;
(2)
Written proof that the individual is at least 18 years of age;
(3)
All residential addresses of the applicant for the past 10 years;
(4)
The business, occupation or employment of the applicant for 10 years
immediately preceding the date of application;
(5)
Whether the applicant previously operated in this or any other state,
county or village under an escort service license or similar business
license, whether the applicant has ever had such a license revoked
or suspended, the reason therefor and the business entity or trade
name under which the applicant operated that was subject to the suspension
or revocation;
(6)
All convictions and pending charges of felony, misdemeanor or ordinance
violations, except minor traffic violations;
(7)
Fingerprints and photograph registration with the Pleasant Prairie
Police Department;
(8)
The address of the escort service to be operated by the applicant;
(9)
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
the name and address of the registered agent and all officers and
directors of the corporation.
C.
Additional information. Each service shall furnish the following
information under oath at the time of application:
(1)
The trade name of the escort service. An escort service may operate
under only one trade name per license.
(2)
The complete address of the proposed business location with a copy
of the deed, lease, or other document pursuant to which the applicant
occupies, or will occupy, such premises.
(3)
The service's federal employer identification number.
D.
Fees. The application fee for a license or any renewal thereof shall
be as established in the Village Fee Schedule. There is no proration
of fees for any license issued for less than a one-year period, nor
shall there be any prorated refund for a license which is suspended
or revoked. If the application for the initial license or any renewal
is denied, the license fee less 20% to defray the costs of administration
and investigation of the application shall be refunded.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
To receive a license to operate an escort service, an applicant
must meet the following standards:
A.
If the applicant is an individual:
(1)
The applicant shall be at least 18 years of age;
(2)
Subject
to Ch. 111, Wis. Stats., the applicant shall not been convicted of
or pleaded nolo contendere, or no contest, to a felony or any crime
involving moral turpitude, prostitution, obscenity or other crime
of a sexual nature in any jurisdiction;
(3)
The
applicant shall not have been convicted of a felony, misdemeanor or
ordinance violation which substantially relates to the licensed activity;
(4)
The
applicant shall not have been found to have previously violated this
chapter within five years immediately preceding the date of the application;
(5)
The
applicant shall not be the holder of an adult use license, be employed
by the holder of an adult use license, work as an independent contractor
for the holder of an adult use license or hold a financial interest
in the holder of an adult use license.
B.
If the
applicant is a corporation:
(1)
All officers, directors and others required to be named under § 170-7B shall be at least 18 years of age;
(2)
Subject to Ch. 111, Wis. Stats., no officer, director or other person to be named under § 170-7B(9) shall have been convicted of or pleaded nolo contendere, or no contest, to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction;
(3)
No officer, director or other person required to be named under § 170-7B shall have been convicted of a felony, misdemeanor or ordinance violation which substantially relates to the licensed activity;
(4)
No officer, director or other person required to be named under § 170-7B shall have been found to have previously violated this chapter within five years immediately preceding the date of the application;
(5)
The
applicant shall not be the holder of an adult use license, work as
an independent contractor for the holder of an adult use license or
hold a financial interest in the holder of an adult use license.
C.
If the
applicant is a partnership, joint venture or any other type of organization
where two or more persons have a financial interest:
(1)
All
persons having a financial interest in the partnership, joint venture
or other type of organization shall be at least 18 years of age;
(2)
No
persons having a financial interest in the partnership, joint venture
or other type of organization shall, subject to Ch. 111, Wis. Stats.,
have been convicted of or pleaded nolo contendere, or no contest,
to a felony or any crime involving moral turpitude, prostitution,
obscenity or other crime of a sexual nature in any jurisdiction;
(3)
No
persons having a financial interest in the partnership, joint venture
or other type of organization shall have been convicted of a felony,
misdemeanor or ordinance violation which substantially relates to
the licensed activity;
(4)
No
person having a financial interest in the partnership, joint venture
or other type of organization shall have been found to have violated
any provision of this chapter within five years immediately preceding
the date of the application;
(5)
The
applicant shall not be the holder of an adult use license, work as
an independent contractor for the holder of an adult use license or
hold a financial interest in the holder of an adult use license.
D.
No license
shall be issued unless the Pleasant Prairie Police Department has
investigated the applicant's qualifications to be licensed.
E.
If any charges are currently pending which, if resulting in a conviction, would disqualify the applicant pursuant to Subsections A, B or C above, Pleasant Prairie may postpone action on the application until such time as the charge is resolved. Should the Village Board fail to fact upon an application with 60 days of the resolution of the charge, the application shall be deemed granted.
Every license issued pursuant to this chapter will terminate
on December 31 following its issuance, unless sooner revoked. Application
for renewal shall be on a form provided by the Village Clerk and accompanied
by the license fee.
Whenever an initial application is denied, the duties of the Village Clerk and the rights of the applicant shall be as set forth in § 214-2 of the Pleasant Prairie Municipal Code.
A.
Any license issued under this article may be suspended for not less than 10 days nor more than 90 days, or revoked, pursuant to § 214-2 of this Code. The same provisions shall apply to denial of an application for renewal of a license issued under this chapter.
B.
Any violation of the requirements of this chapter shall be grounds
for revocation of a license issued under this chapter.
A.
The operator of an escort service shall maintain a register of all
employees or independent contractors, showing the name and aliases
used by the employee, home address, birth date, sex, telephone numbers,
social security number and date of employment and termination. The
above information on each employee shall be maintained in the register
on the premises for a period of three years following termination.
B.
Records and reports required. Every escort and escort service shall
provide to each patron a written contract and receipt of payment for
services. The contract shall clearly state the type of services to
be performed, the length of time such services shall be performed,
the total amount of money such services shall cost the patron, and
any special terms or conditions relating to the services to be performed.
C.
The operator of an escort service shall make the register of employees
available immediately for inspection by police upon demand of a member
of the Pleasant Prairie Police Department at all reasonable times.
D.
Every act or omission by an employee constituting a violation of
the provisions of this chapter shall be deemed the act or omission
of the operator if such act or omission occurs either with the authorization,
knowledge or approval of the operator or as a result of the operator's
negligent failure to supervise the employee's conduct. The operator
shall be punishable for such act or omission in the same manner as
if the operator committed the act or caused the omission.
E.
Any act or omission of any employee constituting a violation of the
provisions of this chapter shall be deemed the act or omission of
the operator for purposes of determining whether the operator's license
shall be revoked, suspended or renewed.
F.
No person shall escort or agree to escort a person under the age
of 18 years.
A.
All operators or employees working for any escort service and independent
contractors shall, prior to beginning employment or contracted duties,
obtain a photo identification card from the Village Clerk. Prior to
issuance, the person shall provide:
B.
Upon registration, the Village of Pleasant Prairie Police Department
will provide to each registered employee or independent contractor
an identification card, provided by the Village Clerk, containing
the employee's or independent contractor's photograph identifying
the person as such, which shall be kept available for production upon
request.
C.
All identification cards shall expire on December 31 following its
issuance.
D.
The applicant shall pay a fee as established in the Village Fee Schedule
for each identification card and for each renewal or reissuance thereof.
There is no proration of fees for any identification card issued for
less than a one-year period, nor shall there be any prorated refund
if an identification card is suspended or revoked. If the application
for an initial identification card or any renewal is denied, the card
fee less 20% to defray the costs of administration and investigation
of the application shall be refunded.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Any escort employed by more than one escort service shall submit
a separate registration for each service by which the escort is employed.
F.
All individuals employed as an escort in the Village at the time
of the adoption of this chapter must register for an identification
card within 60 days of the adoption of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person found to have violated any provision of this chapter
shall be subject to a maximum forfeiture of $5,000 for each offense.
If any provision of this chapter is deemed invalid or unconstitutional
by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the other provisions of same.
