[HISTORY: Adopted by the Common Council of the City of Franklin 11-18-2014 by Ord. No.
2014-2155. Amendments noted where applicable.]
As used in this chapter, the following terms shall be defined
as indicated:
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, places of entertainment
or places of amusement or consorts with another person about any public
place or within any private quarters.
A 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, places of entertainment or places of amusement, or
who may consort with others about any public place or within any private
quarters.
Any natural 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 of Wisconsin or the City of Franklin 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.
A.
Any person desiring to obtain an escort service license shall pay
the required fee of $250 to defray the costs of administration and
investigation of the application.
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 City 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, aliases, and business address of each of its officers, directors,
or shareholders having a significant responsibility for management
of the business. The application shall also be verified by an officer
of the corporation.
(2)
Partnership. If the applicant is a partnership, the applicant shall
set forth the name of the partnership and the name, aliases, business
address of each of the partners, including limited partners, having
a significant responsibility for management of the business and shall
be verified by each partner. If one or more of the partners is a corporation,
the provisions of this section pertaining to a corporate applicant
shall apply to the corporate partner.
(3)
Others. If the applicant is neither a corporation nor a partnership,
the application shall set forth the true full name, aliases and business
address of the applicant and shall be verified by the applicant. The
applicant shall also include any other name by which the applicant
has been known during the previous five years.
C.
The applicant 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, director and shareholder,
having a significant responsibility for management of the business,
if the business is a corporation; concerning each partner, including
limited partners having a significant responsibility for management
of the business, if the applicant is a partnership.
(1)
Written proof that the individual is at least 18 years of age.
(2)
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;
(3)
All convictions in any state or federal court within the past five
years, including municipal ordinance violations, exclusive of traffic
convictions, and the jurisdiction in which the convictions occurred.
(4)
The names of persons who will have custody of the business records
at the business locations;
(5)
The name and address of the person who will be the agent for service
of process.
(6)
A copy of the deed, lease or other document pursuant to which the
applicant occupies the premises.
D.
The City Clerk shall notify the Police Chief, the Fire Chief and
the Building Commissioner 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 License Committee, 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 Common
Council shall grant or deny a license to the applicant upon a recommendation
of the License Committee. 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 within 10 days of receipt of notification of denial,
a public hearing shall be held within 10 days thereafter before the
Common 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
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 is ineligible for such license and shall be grounds for denial.
The Common Council shall issue an escort service license if,
upon recommendation by the License Committee, 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 in the
application;
D.
The applicant has fully cooperated in the investigation of his application;
E.
The escort service, as proposed by the applicant, complies with all
applicable laws, including, but not limited to, the City's building
and zoning codes;
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 a corporation, is licensed to do business and is
in good standing in the state;
H.
All individual applicants, all shareholders, directors and officers
having significant responsibility for management of the business,
if the application is a corporation, or all partners, including limited
partners having significant responsibility for management of the business,
if the applicant is a partnership, are at least 18 years of age; and
I.
The applicant, if an individual, any shareholders, officers, agents
and directors of a corporation having a significant responsibility
for management, if the business of the applicant is a corporation,
any of the partners, if the applicant is a partnership, has not within
five years prior to the date of application been convicted of a felony
or of any ordinance or misdemeanor involving moral turpitude, prostitution
or any crime of a sexual nature, subject to the provisions of § 111.335,
Wis. Stats.
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 chapter.
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.
C.
This section shall not apply to persons who are on the premises used
as an escort service exclusively for the repair or maintenance of
the premises or equipment on the premises or for the delivery of goods
to the premises.
A.
Any person desiring to obtain an escort license shall pay the required
fee of $250 to defray the costs of administration and investigation
of the application.
B.
Any person desiring an escort license shall file a written application with the City Clerk on a form to be provided by the City Clerk's Office. The information provided to the City Clerk shall be provided under oath. Any applicant for an escort license shall furnish all information required by § 170-4, above.
C.
Applications for an escort license shall be referred to the Police
Chief who shall cause an investigation to be made of the applicant
and report the findings of the investigation to the License Committee
of the Common Council within 10 days of receipt of notice from the
City Clerk.
D.
Within 30 days of receiving an application for an escort license,
the Common Council shall grant or deny a license to the applicant
upon a recommendation of the License Committee. 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 10 days thereafter before the
Common 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
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 is ineligible for such license and shall be grounds for denial.
The Common Council shall issue an escort license if, upon recommendation
by the Licensing Committee, 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 in the
application;
D.
The applicant has fully cooperated in the investigation of his 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 application;
F.
The applicant is at least 18 years of age; and
G.
All applicants, if an individual, all shareholders, officers, agents
and directors of a corporation having a significant responsibility
for management, if the business of the applicant is a corporation
or all partners including limited partners, if the applicant is a
partnership, has or have not within five years prior to the date of
application been convicted of a felony or of any ordinance or misdemeanor
involving moral turpitude, prostitution or of any crime of a sexual
nature, subject to the provisions of § 111.335, Wis. Stats.
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.
Any corporation 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.
No license may be transferred to any other person.
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 service 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 certified required under § 170-7, above, 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.
G.
No person shall escort or agree to escort a person under the age
of 18 years.
A.
Every license issued pursuant to this section expires annually on
December 31 and must be renewed by January 1. All applications for
the renewal of escort license issued by the City shall be filed with
the City Clerk's Office on a form to be provided by the City
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 or 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 applicants.
B.
A license renewal fee of $250 shall be submitted with the renewal
application. In addition to the renewal fee, a late penalty of $100
shall be assessed against any applicant who files for renewal less
than 60 days before the license expires. If the application for renewal
is denied, 1/2 of the total fees collected shall be returned.
A.
Any escort service or escort license may be suspended for not more
than 90 days or revoked by the Common 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 Common 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 Common 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; or
(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 Common Council 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 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. At the hearing, the licensee shall
be entitled to be represented by counsel, may call witnesses in his
or her behalf and may cross-examine witnesses called to support the
charges brought against the licensee. If the Common Council finds
the charges sufficient, the license may be suspended, revoked or not
renewed. The licensee shall be provided a written transcript of the
hearing at this or her expense. The Common Council shall provide the
licensee with a copy of the written determination within five days
of completion of the hearing. Judicial review of the Common Council's
determination shall be governed by § 68.13, Wis. Stats.
If the licensee makes a timely appeal, no suspension, revocation or
nonrenewal shall be effective until a final judicial determination
is rendered.
C.
Any operator whose license is revoked shall not be eligible to receive
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 of the license.
Any person who violates any provision of this chapter shall,
upon conviction, be subject to a forfeiture of not less than $500
and not more than $2,000.
