[HISTORY: Adopted by the Village Board of the Village of
Allouez as Ch. 27 of the Village Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
An escort whose name is furnished by an escort service, is
referred to a customer through an escort service, or is an agent,
employee, independent contractor, or volunteer for an escort service
shall be considered an employee of such service for the purposes of
this chapter.
Any person who, for consideration, accompanies or offers
to accompany another person to or about social affairs, entertainment
or places of amusement, 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 semi-nude
state for another person or persons.
Any person who, for consideration, furnishes, offers to furnish,
advertises to furnish, or refers escorts.
Any agreement whereby an escort is provided on a premises
owned, leased, rented, or controlled by the escort or escort service.
Any 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 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.
License and registration required. No escort service shall operate or provide service in the Village without first obtaining a license. No person shall escort in the Village unless employed by a licensed escort service and properly registered pursuant to § 216-11.
B.
In calls in residential zones. No escort or escort service may conduct
in calls on residentially zoned property.
C.
Separate license. A license may be issued only for one escort service
with one trade name. Any person, partnership, or corporation who or
which desires to operate more than one escort service must have a
separate license for each service.
D.
Transfer prohibited. No license or interest in a license may be transferred
to any person, partnership, or corporation.
E.
Unlawful acts. No escort or escort service may engage in unlawful
acts while acting as an escort. A violation of a criminal statute
or ordinance by an escort shall be considered a violation of this
chapter by the licensee.
F.
Advertising. No person may advertise indicating that an escort service
is available in the Village of Allouez unless that service possesses
a valid license. No escort service may advertise using a trade name
unless that trade name is disclosed in its application. Any advertisements
or escort activity conducted under an unreported trade name shall
be considered unlicensed activity.
G.
Physical contact prohibited. No escort shall touch a customer or the clothing of a customer while exposing specified anatomical areas, as defined in § 216-1 of this chapter.
H.
Customers under age 18. No person shall escort or agree to escort
a person under the age of 18 years.
A.
Application to Clerk-Treasurer. Any person, partnership, or corporation
desiring to secure a license shall make application to the Village
Clerk-Treasurer. The application for a license shall be upon a form
approved by the Village Clerk-Treasurer. Each applicant for a license,
which shall include all partners or limited partners of a partnership
applicant, and all officers, directors, and any other person who is
interested directly in the control of the business for corporate applicants,
shall furnish the following information under oath:
(1)
Name, address, and age.
(2)
Whether the applicant holds any interest in any other escort service
license or similar license or permit.
(3)
Whether the applicant has ever had any other escort service license
or similar license or permit revoked or suspended, and the reason
therefor.
(4)
All convictions and pending charges of felony, misdemeanor, or ordinance
violations.
(5)
Fingerprints and two portrait photographs at least two inches by
two inches of the applicant.
(6)
All convictions and pending charges of felony, misdemeanor, or ordinance
violations of a corporation, partnership or other organization for
which the applicant was or is a director, officer, partner, or person
interested directly in the control of the organization.
(7)
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, and provide a certified copy of the
articles of incorporation.
(8)
If the applicant is a partnership, the application shall specify
the name and address of all partners and provide a certified copy
of the partnership agreement or articles of partnership.
B.
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 such premises.
(3)
The service's federal employer identification number.
(4)
A written plan setting forth:
(a)
The exact nature of the business to be conducted;
(b)
Office organization;
(c)
Advertising theme and method;
(d)
Copies of contracts to be used with escorts and customers;
(e)
The method of operation of the escort service, including the
hours that the service will be open to the public; and
(f)
The methods of promoting the health and safety of escorts.
A.
Standards. To receive a license to operate an escort service, an
applicant must meet the following standards:
(3)
Subject to Ch. 111, Wis. Stats., no person required to be named under § 216-4A shall have been convicted of a law or ordinance violation involving moral turpitude, prostitution, obscenity, or another crime of a sexual nature in any jurisdiction.
B.
Investigation. The Brown County Sheriff's Department shall investigate
the applicant's qualifications to be licensed.[1]
C.
False information. Providing false or inaccurate information on the
application or in the investigation of the application shall constitute
an admission by the applicant that he or she is ineligible for such
license and shall be grounds for denial of the application.
D.
Lack of cooperation. Failure or refusal of the applicant to give
any information required by this chapter or relevant to the investigation
of the application or cooperate with any investigation required by
this chapter shall constitute an admission by the applicant that he
or she is ineligible for such license and shall be grounds for denial
of the application.
E.
Pending charges. If any charges are currently pending which, if resulting in a conviction, would disqualify the applicant pursuant to Subsection A above, the Village Board may postpone action on the application until such time as the charge is resolved. Should the Village Board fail to act upon an application within 60 days of the resolution of the charge, the application shall be deemed granted.
A nonrefundable application fee and a license fee as set by the Village Board shall be submitted with the application for a license. See Chapter 225, Fees and Charges.
Whenever an application is denied, the Village Clerk-Treasurer
shall, within 14 days of the denial, advise the applicant in writing
of the reasons for such action. The applicant may appeal the decision
to a court of competent jurisdiction.
A.
Process. 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-Treasurer not later than October 31 of the year
in which the license will terminate. The application for renewal shall
be filed with and dated by the Village Clerk-Treasurer. The application
for renewal shall be upon a form provided by the Village Clerk-Treasurer
and shall contain such information and data, given under oath or affirmation,
as is required for an application for a new license.
C.
Investigation. The Brown County Sheriff's Department shall investigate
the applicant's continuing qualifications to be licensed.
A.
Grounds. 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 licensee or any person required to be named under § 216-4A has made or recorded any statement required by this chapter knowing it to be false or fraudulent or intentionally deceptive;
(2)
For the violation by the licensee, an employee, or any person required to be named under § 216-4A of any provision of this chapter, the Allouez Municipal Code, or the Wisconsin Statutes that substantially relates to the licensed activity; or
(3)
After the conviction of the licensee, an employee, or any person required to be named under § 216-4A of an offense under Ch. 944, Wis. Stats., an offense against the person or property of a patron, an offense involving a substance in Subchapter II of Ch. 961, Wis. Stats., or any other offense which is substantially related to the licensed activity.
B.
Notice. No license shall be revoked or suspended except after receipt
of a written complaint which alleges that the licensee has violated,
or has permitted others to violate, one or more conditions of said
license. Such complaint may be filed with the Village Clerk-Treasurer
by any member of the Village Board, any officer of the Village, or
any party aggrieved by the alleged actions of the licensee.
C.
Hearing. At such hearing, the licensee shall be entitled to be represented
by counsel, shall have the right to present and cross-examine witnesses
and, upon request, may have subpoenas issued by the President or presiding
officer of the Board to compel the attendance of witnesses. The licensee
shall be responsible for his or her own legal expenses, expenses of
witnesses called to testify by the licensee, and any other expenses
as may be incurred by the licensee in preparation for or appearance
at the hearing.
D.
Recommendation. Upon receipt of such complaint, the Village Board
shall cause an appropriate officer of the Village to conduct an investigation
to determine the validity of the complaint. The investigating officer
shall file a report of his findings with the Village Clerk-Treasurer
within 30 days from being assigned the investigation, unless the Village
Board specifically provides for a longer investigation period.
E.
Village Board decision. Upon review of the investigating officer's
report, the Village Board shall determine if the complaint constitutes
sufficient grounds for revocation or suspension of the license. If
so, the Village Board shall prepare a list of charges. The licensee
shall be served with a written copy of the charges and shall be given
an opportunity to be heard before the Village Board. The licensee
shall be given notice of such hearing, which shall be held not more
than 20 nor less than five days after notice, unless otherwise agreed
between the parties.
(2)
The holder of any license suspended or revoked shall immediately
surrender said license to the Clerk-Treasurer.
(3)
Appeal. If the Village Board suspends, revokes, or nonrenews a license,
the written notice provided the licensee shall indicate that the decision
may be appealed to a court of competent jurisdiction.
A.
Compliance. The licensee shall ensure compliance of the service and
all employees with the provisions and requirements of this chapter.
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 licensee of the escort service by which the escort is employed,
and the licensee shall be punishable for such act or omission in the
same manner as if the licensee committed the act or caused the omission.
B.
Records and reports required.
(1)
Every escort and escort service shall:
(a)
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.
(b)
Maintain a legible written record of each transaction of any escort
furnished to or arranged for on behalf of any person or customer.
The record shall show the date and hour of each transaction, the name,
address, and telephone number of the person requesting an escort,
and the name of every escort furnished.
A.
Information. All escorts shall, prior to acting as an escort, register
with the Brown County Sheriff's Department. Such registration shall
include the following:
B.
Identification card. Upon registration, the Brown County Sheriff's
Department will provide to each escort an identification card containing
his or her photograph, identity, and the escort service by which the
escort is employed. The escort shall keep the card available for production
at all times while acting as an escort.
C.
Duration. All registrations hereunder are valid for the term of the
affiliated escort service's license.
D.
E.
Employment by multiple services. Any escort employed by more than
one escort service shall submit a separate registration for each service
by which the escort is employed.
A.
Forfeiture and license revocation.
(1)
Any person, partnership, or corporation who or which is found to have violated § 216-3A of this chapter shall forfeit a definite sum not less than $1,000 and not exceeding $2,500 and a court shall revoke any license issued to the person under this chapter.
(2)
Any person, partnership, or corporation who or which is found to
have violated any other section of this chapter shall forfeit a definite
sum not exceeding $2,500 and a court shall revoke any license issued
to the person under this chapter.
B.
Separate offense. 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.
Chapter 68, Municipal Administrative Procedure, of the Wisconsin
Statutes shall not apply to the administrative process outlined above.
