[HISTORY: Adopted by the Common Council of the City of New
Berlin 1-8-2013 by Ord. No. 2499. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes 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.
Includes 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, or who introduces, furnishes
or arranges for 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.
Any person, partnership, corporation or other organization
operating, conducting, maintaining or owning any escort service.
This chapter does not apply to businesses, agencies and persons
licensed by the state or the City pursuant to a specific statute or
ordinance, and employees employed by a business so licensed, and which
perform 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.
A.
No person may engage in, conduct or carry on the operation or maintenance
of an escort service without first obtaining a valid escort service
license issued under this chapter.
B.
A license may be issued only for one escort service located at a
fixed and certain place. Any person desiring to operate more than
one escort service must have a license for each escort service.
C.
All escort services existing in the City 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.
B.
Any person desiring an escort service license shall file a written
application with the City Clerk on a form provided by the Clerk's
office. The information provided to the Clerk shall be provided under
oath.
(1)
Corporations. If the applicant is a corporation, the name of the
corporation shall be set forth exactly as set forth in its articles
of incorporation, together with the date and state of incorporation,
the name and residence address of each of its officers, directors
and each stockholder holding 5% or more of the stock or beneficial
ownership of the corporation. The application shall also be verified
by an officer of the corporation.
(2)
Partnership. If the applicant is a partnership, the application shall
set forth the name of the partnership and the name and residence address
of each of the partners, including limited partners, and shall be
verified by each partner. If one or more partners is a corporation,
the provisions of this section pertaining to a corporate applicant
shall apply to the corporate partner.
(3)
Limited liability company. If the applicant is a limited liability
company, the name of the limited liability company shall be set forth
exactly as it appears on the articles of organization together with
the date of the acceptance of said articles for filing, the names
and addresses of the registered agent and the names and residence
addresses of each of its members. The application shall be verified
by the managing member or an authorized member of the limited liability
company.
(4)
Others. If the applicant is neither a corporation nor a partnership,
the application shall set forth the true full name and residence address
of the applicant and shall be verified by the applicant. The application
shall also include any other name by which the applicant has been
known during the previous five years.
C.
The application also shall set forth the proposed place of business
of the escort service by business address, including suite number,
and not by post office box, and shall contain a description of the
nature and scope of the proposed business operation. In addition,
the following information shall be furnished concerning the applicant
if an individual; concerning each officer and director and all stockholders
who own 5% or more of the stock or beneficial ownership if the applicant
is a corporation; each member if the applicant is a limited liability
company; and concerning each partner, including limited partners,
if the applicant is a partnership:
(1)
The previous residence address, if any, for a period of three years
immediately prior to the date of application and the dates of such
residence;
(2)
Written proof that the individual is at least 18 years of age;
(3)
A complete set of fingerprints;
(4)
The business, occupation or employment history for three years immediately
preceding the date of application, including, but not limited to,
whether such person previously operated under any permit or license
in another City in this or another state and whether any such permit
or license had ever been suspended or revoked;
(5)
All convictions in any state or federal court within the past five
years, including municipal ordinance violations, exclusive of traffic
convictions, with a brief statement of the nature of the convictions
and the jurisdiction in which the convictions occurred;
(6)
All pending criminal charges in any state or federal court, with
a brief statement of the nature of the pending charges and the jurisdiction
in which the charges are pending;
(7)
The names of persons who will have custody of the business records
at the business location; and
(8)
The names and addresses of the person who will be the agent for the
service of process.
D.
The City Clerk shall notify the Chief of Police, the Chief of the
Fire Department, the Building Inspector and the Council or its designee
of any escort-service license application, and these officials shall
inspect or cause to be inspected each such application and the premises
to determine whether the applicant and the premises sought to be licensed
comply with the regulations, ordinances and laws applicable thereto.
These officials shall furnish to the committee of the whole, in writing,
the information derived from such investigation and a statement as
to whether the applicant and the premises meet the requirements of
the departments for whom the officer is certifying within 10 days
of receipt of notice from the City Clerk. No license shall be renewed
without a reinspection of the premises.
E.
Within 30 days of receiving an application for a license, the Council
shall grant or deny a license to the applicant upon a recommendation
of the committee of the whole. The City Clerk shall notify the applicant
whether the application is granted or denied.
F.
Whenever an application is denied, the City Clerk shall advise the
applicant, in writing, of the reasons for such action. If the applicant
requests a hearing in writing within 10 days of receipt of notification
of denial, a public hearing shall be held within 10 days thereafter
before the Council or its designee.
G.
Failure or refusal of the applicant to give any information relevant
to the application, failure or refusal to appear at any reasonable
time and place for examination under oath regarding the application,
providing false information on the license application, or refusal
to submit to or cooperate with regard to any information required
by this section shall constitute an admission by the applicant that
he/she is ineligible for such license and shall be grounds for denial.
The Council shall issue an escort service license if, upon recommendation
by the committee of the whole, it finds that:
A.
The required fee has been paid;
B.
The application conforms in all respects to this chapter;
C.
The applicant has not knowingly made a material misstatement or provided
false information in the application;
D.
The applicant has fully cooperated in the investigation of his/her
application;
F.
The applicant has not had an escort service license or permit or
other similar license or permit revoked or suspended in this state
or any other state within three years prior to the date of application;
G.
The applicant, if an individual; any of the stockholders holding
5% or more of the stock or beneficial ownership of the corporation;
and any officers, agents or directors, if the applicant is a corporation;
or any of the partners, including limited partners, if the applicant
is a partnership or its members if the applicant is a limited liability
company, does not, at the time of application, have pending any criminal
charge for, or within five years prior to the date of application
has not been convicted of, any offense involving dishonesty, fraud,
deceit, robbery, the use or threatened use of force or violence upon
the person of another, or sexual immorality under Ch. 944, Wis. Stats.,
as amended, or other offenses subject to § 111.335, Wis.
Stats., as amended;
H.
The applicant, if a corporation, is licensed to do business and is
in good standing in the state; and
I.
All individual applicants; all stockholders holding 5% or more of
the stock or beneficial ownership, directors and officers, if the
application is a corporation; all members if the applicant is a limited
liability company; and all partners, including limited partners, if
the applicant is a partnership, are at least 18 years of age.
The escort service license shall be displayed in a conspicuous
public place in the escort service's place of business.
A.
No person may work or perform services as an escort in the City,
either individually or while working for an escort service, unless
the person has first obtained a valid escort license issued under
this section.
B.
All persons working or performing services as an escort in the City
at the time of the passage of this section shall submit an application
for a license within 60 days of the adoption of this section.
B.
Any person desiring an escort license shall file a written application with the City Clerk on a form to be provided by the Clerk's office. The information provided to the Clerk shall be provided under oath. Any applicant for an escort license shall furnish all information required by § 111-4C(1) through (6) as well as a description of the applicant's height, weight, color of eyes and color of hair. The applicant shall provide two passport-size color photographs, at least one inch by one inch, taken within three months of the date of the application. In addition, the applicant shall identify by name and address the escort service at which the applicant is currently working, if any, or at which the applicant expects to be employed.
C.
Applications for an escort license shall be referred to the Chief
of Police who shall cause an investigation to be made of the applicant
and report the findings of the investigation to the committee of the
whole within 10 days of receipt of notice from the City Clerk.
D.
Within 30 days of receiving an application for an escort license,
the Council shall grant or deny a license to the applicant upon recommendation
of the committee of the whole. The City Clerk shall notify the applicant
whether the application is granted or denied.
E.
Whenever an application is denied, the City Clerk shall 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 within 15 days thereafter before the
Council or its designee.
F.
Failure or refusal of the applicant to give any information relevant
to the application, failure or refusal to appear at any reasonable
time and place for examination under oath regarding the application,
providing false information on the license application or refusal
to submit to or cooperate with regard to any information required
by this section shall constitute an admission by the applicant that
he/she is ineligible for such a license and shall be grounds for denial.
The Council shall issue an escort license if, upon recommendation
by the committee of the whole, if finds that:
A.
The required fee has been paid;
B.
The application conforms in all respects to this chapter;
C.
The applicant has not knowingly made a material misstatement or provided
false information in the application;
D.
The applicant has fully cooperated in the investigation of his/her
application;
E.
The applicant has not had an escort license or permit or other similar
license or permit revoked or suspended in this state or any other
state within three years prior to the date of the application;
F.
The applicant does not, at the time of application, have pending
any criminal charge for, or within five years prior to the date of
application has not been convicted of, any offense involving dishonesty,
fraud, deceit, robbery, the use or threatened use of force or violence
upon the person of another, or sexual immorality under Ch. 944, Wis.
Stats., as amended, or other offenses subject to § 111.335,
Wis. Stats., as amended; and
G.
The applicant is at least 18 years of age.
A.
The City Clerk shall issue an escort license on which there shall
be the applicant's true first name, surname and middle initial,
if any; the picture of the applicant; and the license number and the
expiration date of the license. The license shall be in such form
as to avoid alteration.
B.
The certificate shall be carried on the person of the escort and
shall be exhibited to any person, including law enforcement personnel,
requesting to see it at any time while the person is engaged in acting
as an escort.
C.
Any change in the managing member or member of a limited liability
company.
Any corporation or a limited liability company holding an escort
service license under this chapter shall report to the City Clerk,
in writing, within 15 days of the event described herein, any of the
following:
Upon the sale or transfer of any interest in an escort service,
the license shall be void. Any person desiring to continue to operate
an escort service following sale or transfer shall apply for a license.
A.
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 escort service 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.
B.
Every act or omission by an escort, regardless of whether the escorts
are employees, agents or independent contractors, shall be deemed
the act or omission of the escort service 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 escort's conduct. The operator shall be punishable
for such act or omission in the same manner as if the operator caused
such act or omission.
C.
No escort service operator may allow or permit any person to work
as an escort for such escort service unless the person so employed
has a valid escort license issued by the City.
D.
No escort may work for any escort service operator unless the escort
service operator has a valid escort license issued by the City.
E.
No escort service may conduct any business without maintaining on its premises a daily register containing the name of each escort currently employed or otherwise working for the escort service on the date in question a duplicate of the escort license certificate required under § 111-7 and the actual hours of employment of each escort for each day. The daily register shall be available during all business hours for inspection by law enforcement personnel.
F.
No person licensed as an escort or escort service may in any manner
advertise its services as licensed by the City.
A.
Every license issued pursuant to this chapter will terminate at the
expiration of one year from the date of issuance unless sooner revoked
and must be renewed before operation is allowed in the following year.
All applications for the renewal of escort service and escort licenses
issued by the City shall be filed with Clerk's office on a form
to be provided by the Clerk no later than 60 days prior to the expiration
of the license. The renewal application shall contain such information
and data, given under oath of affirmation, as is required for an application
for a new license. Applications to renew licenses shall be processed
by the City in the same fashion as new applications.
B.
A license renewal fee of $100 for an escort service license and $50
for an escort license shall be submitted with the renewal application.
In addition to the renewal fee, a late penalty of $ ________ shall
be assessed against any applicant who files for renewal less than
60 days before the license expires. If the application is denied,
1/2 of the total fees collected shall be returned.[1]
[1]
Editor's Note: Amended by motion 1-22-2013.
A.
Any escort service or escort license may be suspended for not more
than 90 days or revoked by the Council for any of the following reasons:
(1)
Any of the grounds that would warrant the denial of the original
application for the license;
(2)
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application;
(3)
The operator or any employee of the operator or any escort employed
by the operator violates any provision of this section or any rules
or regulations adopted by the Council pursuant to this chapter; provided,
however, that in the case of a first offense by an operator where
the conduct was solely that of an employee or escort, the penalty
shall not exceed a suspension of 30 days if the Council shall find
that the operator had no actual or constructive knowledge of such
violation and could not, by the exercise of due diligence, have had
such actual or constructive knowledge;
(4)
The licensee becomes ineligible to obtain a license or permit; and
(5)
Any cost or fee required to be paid by this chapter is not paid.
B.
An escort service or escort license may be suspended or revoked after
notice and hearing before the committee of the whole to determine
if grounds for such suspension or revocation exist. Notice of the
hearing shall be in writing and may be served by certified mail addressed
to the licensee at the current address of the licensee on the file
with the City Clerk's office. The notice shall be served at least
10 days prior to the date of hearing. The notice shall state the grounds
of the complaint against the licensee and shall designate the time
and place where the hearing will be held.
C.
Any operator whose license is revoked shall not be eligible to receive
a license for one year from the date of revocation. No location or
premises for which a license has been issued shall be used as an escort
service for six months from the date of revocation for the license.
Any person who violates any provision of this chapter or who fails to obtain a license as required in this chapter shall, upon conviction, be subject to penalty as provided in § 1-18.
