Village of Rothschild, WI Escorts and Escort Services

[HISTORY: Adopted by the Village Board of the Village of Rothschild 2-27-2014. Amendments noted where applicable.]

As used in this chapter, the following terms shall have the meanings indicated:

Any person who, for a fee, commission, salary, hire, profit, payment or other considerations accompanies or offers to accompany another person to or about social affairs, entertainment 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.

ESCORT SERVICE

Service provided by any person who, for a fee, commission, salary, hire, profit, payment or other consideration, furnishes or offers to furnish names of persons who may accompany other persons to or about social affairs, entertainment 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.

PERSON

Any individual and is also extended and applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate.

§ 287-2 Exemptions.

This chapter does not apply to businesses, agencies and persons licensed by the State of Wisconsin or the Village of Rothschild pursuant to a specific statute or ordinance, and employees employed by a business so licensed, where such business performs an escort or an escort service function as a service merely incidental to the primary function of such profession, employment or business and does not hold itself out to the public as an escort or an escort service.

§ 287-3 License required.

No escort service shall operate or provide service in the Village of Rothschild without first obtaining an escort service license issued by the Village.

No person shall escort in the Village of Rothschild unless employed by an escort service licensed by the Village and properly registered pursuant to this code.

Any person, partnership or corporation which desires to operate or provide services from more than one location must have a license for each location.

No license or interest in a license may be transferred to any person, partnership or corporation.

No person may advertise indicating that an escort service is available in the Village of Rothschild unless that service possesses a valid license. No escort service may, in any manner, advertise its services as licensed by the Village of Rothschild.

No escort service shall provide a person with the actual services of an escort, except when the escort service has met the standards and requirements as stated in the Village of Rothschild Ordinances.

§ 287-4 Application for license.

Any person desiring to secure a license under this chapter shall make application to the Village Clerk.

The application for a license shall be on a form approved by the Village Clerk. An applicant for a license (which shall include each partner and limited partner of a partnership applicant, each officer and director of a corporate applicant, each stockholder holding 10% or more of the stock or beneficial ownership, and every 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 or city under an escort service license or similar business license; 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 subject to the suspension or revocation;

(6)

All convictions and pending charges of felony, misdemeanor or ordinance violations, except minor traffic violations;

(7)

Fingerprints and photograph registration with the Rothschild Police Department;

(8)

The address of the escort service to be operated by the applicant;

(9)

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.

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, or will occupy, such premises.

(3)

The service's federal employer identification number.

(4)

A written plan setting forth:

(a)

A description of the nature of the business to be conducted and services to be offered;

(b)

The hours that the service will be open to the public;

(c)

Copies of contracts to be used with escorts and customers.

The application shall require payment of the appropriate fee at the time it is submitted. The amount of the fee shall be determined by the Village Board and on file in the office of the Village Clerk.

Upon receipt of an application, the matter will be presented to the Legislation Committee for review and recommendation to the Village Board.

[Amended 8-28-2017]

§ 287-5 Standards for license issuance.

To receive a license to operate an escort service, an applicant must meet the following standards:

(1)

If the applicant is an individual:

(a)

The applicant shall be at least 18 years of age;

(b)

Subject to Ch. 111, Wis. Stats., the applicant shall not have been convicted of or pleaded nolo contendere, or no contest, to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction;

(c)

The applicant shall not have been convicted of a felony, misdemeanor or ordinance violation which substantially relates to the licensed activity;

(d)

The applicant shall not have been found to have previously violated this chapter within five years immediately preceding the date of the application.

(2)

If the applicant is a corporation:

(a)

All officers, directors and others shall be at least 18 years of age;

(b)

Subject to Ch. 111, Wis. Stats., no officer, director or other person to be named under § 287-4 shall have been convicted of or pleaded nolo contendere, or no contest, to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction;

(c)

No officer, director or other person shall have been convicted of a felony, misdemeanor or ordinance violation which substantially relates to the licensed activity;

(d)

No officer, director or other person shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.

(3)

If the applicant is a partnership, joint venture or any other type of organization where two or more persons have a financial interest:

(a)

All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age;

(b)

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, or no contest, to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction;

(c)

No persons having a financial interest in the partnership, joint venture or other type of organization shall have been convicted of a felony, misdemeanor or ordinance violation which substantially relates to the licensed activity;

(d)

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 the application.

(4)

No license shall be issued unless the Rothschild Police Department has investigated the applicant's qualifications to be licensed, as outlined in Subsection A(3) above.

(5)

If any charges are currently pending which, if resulting in a conviction, would disqualify the applicant pursuant to Subsection A(1), (2) or (3) above, the Legislation Committee may postpone action on the application until such time as the charge is resolved.

[Amended 8-28-2017]

§ 287-6 Renewal of license.

Every license issued pursuant to this chapter will terminate on December 31 following its issuance, unless sooner revoked. Application for renewal shall be on a form provided by the Village Clerk.

No renewal application will be considered filed in the office of the Village Clerk unless it is accompanied by the appropriate fee at the time it is submitted. The amount of the renewal fee shall be determined by the Village Board and on file in the office of the Village Clerk.

§ 287-7 Denial of application.

If, upon review of the application, the Legislation Committee recommends denial of the license, the Village Clerk shall notify the applicant by mail of the denial and the reason therefor. The letter shall include the date and time of the review by the Legislation Committee and the right of the applicant to appear before the Committee.

[Amended 8-28-2017]

The Committee shall hear any person for or against the granting of the license and shall report its recommendation to the Village Board, which shall grant or deny the license.

§ 287-8 Suspension, revocation or nonrenewal of license.

Any license issued under this chapter may be suspended for not less than 10 days or more than 90 days, or revoked, for causes outlined in this section, unless otherwise provided by state statutes or ordinances of the Village of Rothschild. Causes for suspension or revocation include:

(1)

Violation by the licensee or his agent or employee of any law of the United States or State of Wisconsin relating to the particular trade, occupation, or business so licensed.

(2)

Violation by the licensee or his agent or employee of this chapter or of any other ordinance, regulation or bylaw of the Village of Rothschild relating to the particular trade, occupation, or business so licensed, including, but not limited to, all plumbing, building, electrical, and heating codes and parking lot regulations.

(3)

Violation by the licensee or his agent or employee of any statute, ordinance or law when the circumstances of the violation, arrest, or conviction substantially relate to the licensed activity.

The same provisions shall apply to denial of an application for renewal of a license issued under this chapter.

Any violation of the requirements of this chapter shall be grounds for revocation of a license issued under this chapter.

The procedure for revocation or suspension of a license shall be as follows:

(1)

A complaint shall be made in writing by the Chief of Police or by any person to the Village Board.

(2)

A copy of the complaint, accompanied by a notice or summons signed by the Village Clerk stating the time and place when and where the complaint will be heard before the Village Board, shall be served on the licensee named in the complaint.

(3)

The summons shall command the licensee to appear before the Village Board on a day and place named in the summons, not less than three days and not more than 10 days from the date of issuance, and show cause why his license should not be revoked or suspended.

(4)

At the time and place named in such notice or summons, the licensee may appear in person with or without counsel and shall be fully heard by the Village Board in his defense on the complaint and the proof which may be submitted in support thereof.

(5)

After such hearing, the Village Board shall determine whether cause for revocation or suspension exists. If such cause is found to exist, the Village Board may revoke or suspend the license.

§ 287-9 Responsibilities of operator.

The operator of an escort service shall maintain a register of all employees or independent contractors, showing the name and aliases used by the 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.

Every escort and escort service shall:

(1)

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.

(2)

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.

The operator of an escort service shall make the register of employees, along with any other records required to be maintained under this section, available immediately for inspection by police upon demand of a member of the Rothschild Police Department at all reasonable times.

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. 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.

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 renewed.

No person shall escort or agree to escort a person under the age of 18 years.

§ 287-10 Registration of employees.

All operators or employees working for any escort service and independent contractors shall, prior to beginning employment or contracted duties, be required to register with the Village Clerk. During the registration process, the person shall:

(1)

Provide name, addresses, birth date, any aliases used, telephone numbers, dates of employment and names of employers;

(2)

Submit to photographs, fingerprinting, and background investigation by the Rothschild Police Department.

The applicant shall pay a fee at the time of registration. The amount of the fee shall be determined by the Village Board and on file in the office of the Village Clerk.

To be registered as an escort in the Village of Rothschild, the applicant must satisfy the following conditions:

(1)

The applicant shall be at least 18 years of age;

(2)

(3)

The applicant shall not have been convicted of a felony, misdemeanor or ordinance violation which substantially relates to the licensed activity;

(4)

The applicant shall not have been found to have previously violated this chapter within five years immediately preceding the date of the application.

Upon successful completion of the background investigation and approval by the Village Board, the applicant shall be issued a photo identification card that permits the applicant to function as an escort in the Village of Rothschild, subject to all federal and state laws and ordinances of the Village.

The photo identification card shall be kept available while performing escort services for production upon request by members of the Rothschild Police Department.

All identification cards shall expire on December 31 in the year of issuance.

Any escort employed by more than one escort service shall submit a separate registration for each service by which the escort is employed.

§ 287-11 Violations and penalties.

[Amended 8-28-2017]

Any person violating this chapter shall be subject to § 1-2 of this Code except that instead of the forfeiture amounts listed there, a violation of this chapter is subject to a forfeiture of not less than $1,000 and not more than $5,000.