[HISTORY: Adopted by the Village Board of the Village of Kimberly 10-3-1988 as Title 7, Ch. 13, of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 377.
Zoning — See Ch. 525.
As used in this chapter, the following terms shall have the meanings indicated:
ESCORT
Any person who, for a fee, commission, salary, hire, profit, payment or other monetary consideration, accompanies or offers to accompany another person to or about social affairs, entertainments 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.
[Amended 10-14-2013 by Ord. No. 5-2013]
ESCORT SERVICE
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, entertainments 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.
[Amended 10-14-2013 by Ord. No. 5-2013]
PERSON
A natural person, sole proprietorship, partnership, corporation or association, excepting the United States of America, the State of Wisconsin, and any political subdivision thereof.
This chapter does not apply to businesses, agencies and persons licensed by the State of Wisconsin or the Village pursuant to a specific statute or ordinance and employees employed by a business so licensed, and who perform 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.
[Amended 10-14-2013 by Ord. No. 5-2013]
A. 
No escort service shall be operated or provide service in the Village of Kimberly without first obtaining a license to operate issued by the Village of Kimberly.
B. 
No person shall escort in the Village of Kimberly unless employed by an escort service licensed by the Village and properly registered pursuant to this chapter.
C. 
Any person, partnership or corporation who or 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 Kimberly unless that service possesses a valid license. No escort service may, in any manner, advertise its services as licensed by the Village of Kimberly.
F. 
No escort service shall provide a person with the actual services of an escort at its establishment address, except when the escort service has met the standards and requirements of adult establishments and is in possession of a special exception permit as required in § 258-2 of this Code.
A. 
Any person, partnership or corporation desiring to secure a license shall make application to the Village Clerk.
B. 
The application for a license shall be upon a form approved by the Village Clerk. An applicant for a license, which shall include all partners or limited partners of a partnership applicant, and all officers or directors of a corporate applicant, each stockholder holding 10% or more of the stock or beneficial ownership, and any 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, city or village under an escort service license or similar business license and 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 the subject to the suspension or revocation.
(6) 
All criminal convictions, whether federal or state, or city and village ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges except minor traffic violations.
(7) 
Fingerprints and photograph registration with the Fox Valley Metro Police Department.
(8) 
The address of the escort service to be operated by the applicant.
(9) 
If the applicant is a corporation, the applicant 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.
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 must be at least 18 years of age.
(2) 
Subject to Ch. 111, Wis. Stats., the applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of application.
(3) 
The applicant shall not have been found to have previously violated this chapter within five years immediately preceding the date of the application.
B. 
If the applicant is a corporation:
(1) 
All officers, directors and others required to be named under § 258-4B shall be at least 18 years of age.
(2) 
Subject to Ch. 111, Wis. Stats., no officer, director or other person required to be named under § 258-4B shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
(3) 
No officer, director, or other person required to be named under § 458-4B shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.
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 any 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 to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
(3) 
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 application.
D. 
No license shall be issued unless the Fox Valley Metro Police Department has investigated the applicant's qualifications to be licensed.
E. 
A license fee of $100 shall be submitted with the application for a license.
A. 
Every license issued pursuant to this chapter will terminate on December 31 of the year it is issued, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the Village Clerk. The application for renewal shall be filed with and dated by the Village Clerk. A copy of the application for renewal shall be distributed by the Village Clerk to the Fox Valley Metro Police Department and the applicant. The application for renewal shall be upon a form provided by the Village Clerk and shall contain such information and data, given under oath or affirmation, as is required for an application for a new license.
B. 
A license renewal fee of $100 shall be submitted with the application for renewal.
A. 
Whenever an initial application is denied, the Village Clerk shall, within 14 days of denial, advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within 10 days of receipt of notification of denial, a public hearing shall be held at the next regularly scheduled meeting of the Village Board, as hereinafter provided.
B. 
Failure or refusal of the applicant to give any information relevant to the investigation of the application or his/her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his/her refusal to submit to or cooperate with any investigation required by this chapter shall constitute an admission by the applicant that he/she is ineligible for such license and shall be grounds for denial thereof by the Village Clerk.
A. 
The license granted herein may be revoked or suspended for up to six months or nonrenewed by the Village Board as follows:
(1) 
If the applicant has made or recorded a statement required by this chapter knowing it to be false or fraudulent or intentionally deceptive.
(2) 
For the violation of any provision of this chapter.
(3) 
After one conviction of any escort service personnel or escort service of an offense under Ch. 944, Wis. Stats., or of an offense against the person or property of a patron or of an offense involving a substance regulated in Subch. II of Ch. 961, Wis. Stats., or any other offense which is substantially related to an escort service or escort.
B. 
No license shall be revoked, suspended or not renewed by the Village Board except upon due notice and hearing to determine whether grounds for such action exist. Such hearing shall be held before the Village Board. Notice of such hearing shall be in writing and shall state the grounds of the complaint against the licensee. The notice shall be served upon the licensee at least 15 days prior to the date of the hearing and shall state the time and place thereof. The licensee shall be entitled to be heard, to be represented by counsel, to cross-examine opposing witnesses, to present witnesses on his/her behalf under subpoena by the Village Board if such is required, and the hearing may be stenographically recorded at the licensee's option and expense. At the conclusion of such hearing, the Village Board shall determine what, if any, action shall be taken against the licensee. If the Village Board finds the complaint to be true, the license shall be suspended or revoked as provided in Subsection A. The Village Board shall prepare a written decision, which shall be filed with the Village Clerk, and a copy thereof delivered to the licensee and complainant within 20 days after its decision.
C. 
Any party aggrieved by the determination made pursuant to the procedures in Subsection A above shall be entitled to seek judicial review by written petition for certiorari to the Circuit Court for Outagamie County, as authorized pursuant to § 68.13, Wis. Stats.
A. 
The operator of an escort service shall maintain a register of all employees or independent contractors, showing the name and aliases used by each 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. 
The operator of an escort service shall make the register of employees available immediately for inspection by the police upon demand by a member of the Fox Valley Metro Police Department at all reasonable times.
C. 
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, and 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.
D. 
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 not renewed.
A. 
All operators or employees working for any escort service and independent contractors shall, prior to beginning employment or contracted duties, register with the Fox Valley Metro Police Department. Such registration shall include the following:
(1) 
Name, address, birth date, any aliases used, telephone numbers, date of employment, and name of employer.
(2) 
Photographs and fingerprinting with the Fox Valley Metro Police Department.
B. 
Upon registration, the Police Department will provide to each registered employee or independent contractor an identification card 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 registrations hereunder are valid for a period of one year.
D. 
The registration fee shall be $25 per registration, which shall be paid to the Police Department to cover the costs of the identification card and administrative costs.
A. 
Any person, partnership or corporation who is found to have violated this chapter shall be subject to forfeiture as prescribed in the Uniform Forfeiture and Bond Schedules and such violation shall result in revocation of any license.
[Amended 10-14-2013 by Ord. No. 5-2013; 11-18-2013 by Ord. No. 6-2013]
B. 
Each violation of this chapter shall be considered a separate offense, and any violation continuing more than one day shall be considered a separate offense.