[HISTORY: Adopted by the Town Board of the Town of Buchanan 6-17-2014 by Ord. No.
2014-10. 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 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.
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.
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 Buchanan 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
Buchanan without first obtaining an escort service license issued
by the Town.
B.
No person shall escort in the Town of Buchanan 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 Buchanan unless that service possesses a valid license.
No escort service may, in any manner, advertise its services as licensed
by the Town of Buchanan.
A.
Any person desiring to secure a license under this chapter shall
make application to the Town Administrator.
[Amended 11-10-2016 by Res. No. 2016-05]
B.
The application for a license shall be on a form approved by the
Town Administrator. 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:
[Amended 11-10-2016 by Res. No. 2016-05]
(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 Outagamie County
Sheriff's 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.
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 Administrator.
[Amended 11-10-2016 by Res. No. 2016-05]
E.
Upon receipt of an application, the matter will be presented to the
Town Board for review and consideration by 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.
(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.
[Amended 11-10-2016 by Res. No. 2016-05]
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 Administrator.
B.
No renewal application will be considered filed in the office of
the Town Administrator 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
Administrator.
[Amended 11-10-2016 by Res. No. 2016-05]
If, upon review of the application, the Town Administrator recommends
denial of the license, the Town Administrator 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 Town Board and the right of
the applicant to appear before the Town Board.
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 Buchanan. 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 Buchanan
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 any person to the Town Board.
(2)
A copy of the complaint, accompanied by a notice or summons signed
by the Town Administrator 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.
[Amended 11-10-2016 by Res. No. 2016-05]
(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 Outagamie County Sheriff's 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 Administrator. During the registration
process, the person shall:
[Amended 11-10-2016 by Res. No. 2016-05]
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 Administrator.
[Amended 11-10-2016 by Res. No. 2016-05]
C.
To be registered as an escort in the Town of Buchanan, 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 Buchanan, 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 Outagamie
County Sheriff's 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 Chapter § 1-7.
