This chapter is adopted pursuant to authority granted by the
Wisconsin Statutes, including, without limitation, §§ 61.34(1)
and 66.0415(1), Wis. Stats.
It is the purpose and intent of the Village that the licensing
of escorts and escort services be regulated so as to further the public
interest, safety and welfare by providing minimum qualifications and
to regulate, prevent, combat, control and mitigate the harmful secondary
effects of escorts and escort services operated within the Village,
in a manner that is fully consistent with the First Amendment of the
United States Constitution.
The provisions of this chapter shall be interpreted to be minimum
requirements and shall be liberally construed in favor of the Village.
Any word, term or phrase that is defined in this chapter shall have
the meaning stated in its definition. Any undefined word, term or
phrase shall have its common, ordinary meaning unless some other particular
meaning is clearly suggested by the context in which it appears. As
used in this chapter, "shall" is mandatory and "may" is permissive.
Headings are provided in this chapter only for convenience and ease
of reference, and such headings shall not be used to interpret the
meaning, purpose or effect of any provision of this chapter. Notwithstanding
any of the foregoing statements regarding interpretation, this chapter
shall be interpreted so as to be fully consistent with the requirements
of the First Amendment of the United States Constitution.
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 monetary 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 monetary 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.
LOCATION-SPECIFIC ESCORT SERVICE
An escort service in which the actual services of an escort
are performed at a defined address associated with the escort service.
To receive a license to operate an escort service, an applicant
must meet the following standards:
A. If the applicant is an individual:
(1) The applicant shall be at least 18 years of age;
(2) Subject
to Ch. 111, Wis. Stats., the applicant shall not 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;
(5) The
applicant shall not be the holder of an adult use license, be employed
by the holder of an adult use license, work as an independent contractor
for the holder of an adult use license or hold a financial interest
in the holder of an adult use license.
B. If the
applicant is a corporation:
(1) All officers, directors and others required to be named under §
170-7B shall be at least 18 years of age;
(2) Subject to Ch. 111, Wis. Stats., no officer, director or other person to be named under §
170-7B(9) 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;
(3) No officer, director or other person required to be named under §
170-7B shall have been convicted of a felony, misdemeanor or ordinance violation which substantially relates to the licensed activity;
(4) No officer, director or other person required to be named under §
170-7B shall have been found to have previously violated this chapter within five years immediately preceding the date of the application;
(5) The
applicant shall not be the holder of an adult use license, work as
an independent contractor for the holder of an adult use license or
hold a financial interest in the holder of an adult use license.
C. If the
applicant is a partnership, joint venture or any other type of organization
where two or more persons have a financial interest:
(1) All
persons having a financial interest in the partnership, joint venture
or other type of organization shall be at least 18 years of age;
(2) 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;
(3) 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;
(4) 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;
(5) The
applicant shall not be the holder of an adult use license, work as
an independent contractor for the holder of an adult use license or
hold a financial interest in the holder of an adult use license.
D. No license
shall be issued unless the Pleasant Prairie Police Department has
investigated the applicant's qualifications to be licensed.
E. If any charges are currently pending which, if resulting in a conviction, would disqualify the applicant pursuant to Subsections
A,
B or
C above, Pleasant Prairie may postpone action on the application until such time as the charge is resolved. Should the Village Board fail to fact upon an application with 60 days of the resolution of the charge, the application shall be deemed granted.
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 and accompanied
by the license fee.
Whenever an initial application is denied, the duties of the Village Clerk and the rights of the applicant shall be as set forth in §
214-2 of the Pleasant Prairie Municipal Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person found to have violated any provision of this chapter
shall be subject to a maximum forfeiture of $5,000 for each offense.
If any provision of this chapter is deemed invalid or unconstitutional
by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the other provisions of same.