Town of Grand Chute, WI
Outagamie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Grand Chute 12-7-2010 by Ord. No. 2010-24 (§ 9.15 of the 1997 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ESCORT
Any person who, for a fee, commission, salary, hire, profit, payment or other consideration, 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.
This chapter does not apply to businesses, agencies and persons licensed by the State of Wisconsin or the Town of Grand Chute 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.
A. 
No escort service shall operate or provide service in the Town of Grand Chute without first obtaining an escort service license issued by the Town.
B. 
No person shall escort in the Town of Grand Chute unless employed by an escort service licensed by the Town and properly registered pursuant to this chapter.
C. 
Any person, partnership or corporation who or which desires to operate or provide services from more than one location must have a license for each location.
D. 
No license or interest in a license may be transferred to any person, partnership or corporation.
E. 
No person may advertise indicating that an escort service is available in the Town of Grand Chute unless that service possesses a valid license. No escort service may, in any manner, advertise its services as licensed by the Town of Grand Chute.
F. 
No escort service shall provide a person with the actual services of an escort at its establishment address, except when the escort service has met the standards and requirements of adult establishments and is in possession of a special exception permit as required in § 535-40A of this Code.
A. 
Any person desiring to secure a license under this chapter shall make application to the Town Clerk.
B. 
The application for a license shall be on a form approved by the Town 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 and 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 Grand Chute 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.
C. 
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) 
Description of the nature of the business to be conducted and services to be offered.
(b) 
Hours that the service will be open to the public.
(c) 
Copies of contracts to be used with escorts and customers.
D. 
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 Town Board and on file in the office of the Town Clerk.
E. 
Upon receipt of an application, the matter will be presented to the Licensing Committee for review and recommendation to the Town Board.
A. 
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 required to be named under § 279-4 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 § 279-4 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 required to be named under § 279-4 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 required to be named under § 279-4 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.
B. 
No license shall be issued unless the Grand Chute Police Department has investigated the applicant's qualifications to be licensed, as outlined in Subsection A(1) to (3) above above.
C. 
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 Licensing Committee may postpone action on the application until such time as the charge is resolved.
A. 
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 Town Clerk.
B. 
No renewal application will be considered filed in the office of the Town 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 Town Board and on file in the office of the Town Clerk.
A. 
If, upon review of the application, the Licensing Committee recommends denial of the license, the Town 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 Licensing Committee and the right of the applicant to appear before the Committee.
B. 
The Committee shall hear any person for or against the granting of the license and shall report its recommendation to the Town Board, which shall grant or deny the license.
A. 
Any license issued under this chapter may be suspended for not less than 10 days nor more than 90 days, or revoked, for causes outlined in this section, unless otherwise provided by state statutes or ordinances of the Town of Grand Chute. 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 Town of Grand Chute 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.
B. 
The same provisions shall apply to denial of an application for renewal of a license issued under this chapter.
C. 
Any violation of the requirements of this chapter shall be grounds for revocation of a license issued under this chapter.
D. 
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 Town Board.
(2) 
A copy of the complaint, accompanied by a notice or summons signed by the Town Clerk stating the time and place when and where the complaint will be heard before the Town Board, shall be served on the licensee named in the complaint.
(3) 
The summons shall command the licensee to appear before the Town 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 Town Board in his defense on the complaint and the proof which may be submitted in support thereof.
(5) 
After such hearing, the Town Board shall determine whether cause for revocation or suspension exists. If such cause is found to exist, the Town Board may revoke or suspend the license.
A. 
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.
B. 
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.
C. 
The operator of an escort service shall make the register of employees, along with any other records required to be maintained under this chapter, available immediately for inspection by police upon demand of a member of the Grand Chute Police Department at all reasonable times.
D. 
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.
E. 
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.
F. 
No person shall escort or agree to escort a person under the age of 18 years.
A. 
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 Town Clerk. During the registration process, the person shall:
(1) 
Provide name, address, birth date, any aliases used, telephone numbers, dates of employment and names of employers.
(2) 
Submit to photographs, fingerprinting, and background investigation by the Grand Chute Police Department.
B. 
The applicant shall pay a fee at the time of registration. The amount of the fee shall be determined by the Town Board and on file in the office of the Town Clerk.
C. 
To be registered as an escort in the Town of Grand Chute, the applicant must satisfy the following conditions:
(1) 
The applicant shall be at least 18 years of age.
(2) 
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.
(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.
D. 
Upon successful completion of the background investigation and approval by the Town Board, the applicant shall be issued a photo identification card that permits the applicant to function as an escort in the Town of Grand Chute, subject to all federal and state laws and ordinances of the Town.
E. 
The photo identification card shall be kept available while performing escort services for production upon request by members of the Grand Chute Police Department.
F. 
All identification cards shall expire on December 31 in the year of issuance.
G. 
Any escort employed by more than one escort service shall submit a separate registration for each service by which the escort is employed.
Any person found to have violated any provision of this chapter shall be subject to a forfeiture as prescribed in the Uniform Forfeiture and Bond Schedules.