City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 1-8-2013 by Ord. No. 2499. Amendments noted where applicable.]

§ 111-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ESCORT
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.
ESCORT SERVICE
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.
OPERATOR
Any person, partnership, corporation or other organization operating, conducting, maintaining or owning any escort service.

§ 111-2 Exemptions.

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.

§ 111-3 License required.

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.

§ 111-4 License application.

A. 
Any person desiring to obtain an escort service license shall pay the required fee of $100 to defray the costs of administration and investigation of the application.[1]
[1]
Editor's Note: Amended by motion 1-22-2013.
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.

§ 111-5 Service license issuance standards.

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;
E. 
The escort service, as proposed by the applicant, would comply with all applicable laws, including but not limited to, the City's Building and Zoning Codes;[1]
[1]
Editor's Note: See Ch. 80, Building Construction, and Ch. 275, Zoning.
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.

§ 111-6 Display of service license.

The escort service license shall be displayed in a conspicuous public place in the escort service's place of business.

§ 111-7 Escort license requirement for employees.

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.

§ 111-8 Escort license application.

A. 
Any person desiring to obtain an escort license shall pay the required fee of $50 to defray the costs of administration and investigation of the application.[1]
[1]
Editor's Note: Amended by motion 1-22-2013.
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.

§ 111-9 Escort license issuance standards.

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.

§ 111-10 Display of escort license.

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.

§ 111-11 Restrictions on corporate or limited liability company licenses.

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:
A. 
Any change of officers of the corporation; and
B. 
Any change in the membership of the board of directors of the corporation.

§ 111-12 Sale or transfer of interest in escort service.

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.

§ 111-13 Responsibilities of licensees.

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.

§ 111-14 License renewal.

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.

§ 111-15 Suspension or revocation of license.

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.

§ 111-16 Violations and penalties.

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.