Village of Fox Crossing, WI Escorts and Escort Services

Any person who, for a fee, commission, salary, hire, profit, payment or other form of compensation, 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 SERVICES

Service provided by any person who, for a fee, commission, salary, hire, profit, payment, or other form of compensation, furnishes or offers to furnish the names of 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.

PERSON

Any individual, sole proprietorship, partnership, corporation or association, excepting the United States of America, the State of Wisconsin, and any political subdivision thereof.

§ 209-2 Exemptions.

This chapter does not apply to businesses, agencies, and persons licensed by the State of Wisconsin or the Village pursuant to a specific statute or ordinance, and employed by a business licensed and which perform an escort or 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.

§ 209-3 License required.

No escort service shall be operated or maintained in the Village of Fox Crossing without first obtaining a license to operate issued by the Village of Fox Crossing.

A license may be issued only for one escort service located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than one escort service must have a license for each.

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

§ 209-4 Application for license.

Any person, partnership, or corporation desiring to secure a license shall make application to the Village Clerk.

The application for a license shall be upon a form approved by the Village Clerk. An applicant for a license, which shall include each partner or limited partner of a partnership applicant, and 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, city, village or town, and any other jurisdiction whatsoever under an escort license or similar business license; whether the applicant has ever had such a license revoked or suspended, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.

(6)

All criminal conviction, whether federal or state, or ordinance violation conviction, forfeitures of bond and pleads of no contest on all charges, except minor traffic violations.

(7)

Fingerprints and photograph registration with the Village of Fox Crossing Police Department.

(8)

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

(9)

If the applicant is a corporation, the applicant shall specify the name of the corporation, the date and the state of incorporation, the name and address of the registered agent, and all officers and directors of the corporation.

(10)

A receipt from the Finance Department showing payment of the appropriate fee shall be submitted with the application. The amount of the fee shall be on file in the office of the Village Clerk.

§ 209-5 Standards for issuance of license.

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

If the applicant is an individual:

(1)

The applicant shall be at least 18 years of age.

(2)

Subject to Chapter 111, Wis. Stats., the applicant shall not have been convicted of or pleaded no contest to a felony or any other crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.

If the applicant is a corporation:

(1)

All officers, directors and other required to be named under § 209-4B shall be at least 18 years of age.

(2)

Subject to Chapter 111, Wis. Stats., no officer, director or other person to be named under § 209-4B shall have been convicted of or pleaded no contest to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of application.

(3)

No officer, director or other person required to be named under § 209-4B shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.

If the application 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 any 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 any other type of organization shall, subject to Ch. 111, Wis. Stats., have been convicted of or pleaded no contest to a felony or any other crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.

(3)

No persons having a financial interest in the partnership, joint venture, or any other type of organization shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.

No license shall be issued unless the Village of Fox Crossing Police Department has investigated the applicant's qualifications to be licensed.

§ 209-6 Fees.

A license fee set forth in the Village Fee Schedule, reference this Code section, shall be submitted with the application for a license.

§ 209-7 Renewal of license.

Every license issued pursuant to this chapter will terminate on December 31 of the year in which it is issued, unless sooner revoked, and must be renewed before operations shall be allowed to continue in the following year. Any operator desiring to renew a license shall make application to the Village Clerk. The application for renewal shall be filed with and dated by the Village Clerk. A copy of the application for license renewal shall be distributed by the Village Clerk to the Village of Fox Crossing Police Department and the applicant. The application for renewal shall be upon a form provided by the Village Clerk and shall contain such information and data, given under oath or affirmation, as is required for an application for a new license. No renewal application will be considered filed in the office of the Village Clerk unless it is accompanied by the receipt of the Finance Department showing payment of the appropriate fee. The amount of the renewal fee shall be on file in the office of the Village Clerk.

A license renewal fee set forth in the Village Fee Schedule, reference this Code section, shall be submitted with the application for a renewal.

§ 209-8 Denial of application.

Whenever an initial application is denied, the Village Clerk shall, within 14 days of the denial, 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 at the next regularly scheduled meeting of the Village Board as hereinafter provided.

Failure or refusal of the applicant to give information relevant to the investigation of the applicant or his/her refusal or failure to appear at any reasonable time and place for examination under oath regarding said applicant or his/her refusal to submit or cooperate with any investigation required by this chapter shall constitute an admission by the applicant that he/she is ineligible for such license and shall be grounds for denial thereof by the Village Clerk.

§ 209-9 Suspension, revocation, or nonrenewal of license.

The license granted herein may be revoked or suspended for up to six months or not renewed by the Village Board as follows:

(1)

If the applicant has made or recorded any statement required by this chapter knowing it to be false or fraudulent or intentionally deceptive.

(2)

For the violation of any provision of this chapter.

(3)

After one conviction of any escort service personnel or escort of an offense under Ch. 944, Wis. Stats., or an offense against the person or property of a person or of an offense involving a substance in Subchapter II of Ch. 961, Wis. Stats., or any other offense which is substantially related to an escort service or an escort.

Notice and hearing.

(1)

No license shall be revoked, suspended, or not renewed by the Village Board except upon due notice and hearing to determine whether grounds for such action exists. Such hearing shall be before the Village Board. Notice of such hearing shall be in writing and shall state the grounds of the complaint against the licensee. The notice shall be served upon the licensee at least 15 days prior to the date of the hearing and shall state the time and place thereof. The licensee shall be entitled to be heard, to be represented by counsel, to cross-examine opposing witnesses, and to present witnesses on his/her own behalf under subpoena by the Village Board if such is required, and the hearing may be stenographically recorded at the licensee's option and expense. At the conclusion of such hearing, the Village Board shall submit a report, including findings of fact and conclusions of law and a recommendation as to what, if any, action the Village Board should take with respect to the license. The Village Board shall provide the complainant and licensee with a copy of the report.

(2)

Either the complainant or the licensee may file an objection to the report and have the opportunity to present arguments supporting the objection to the Village Board. The Village Board shall determine whether arguments shall be presented orally or in writing, or both. If the Village Board, after arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to the report recommending suspension or revocation, the license shall be suspended and revoked as provided at Subsection A. The Village Board shall decide the matter and shall prepare a written decision which shall be filed with the Village Clerk, and a copy thereof delivered to the licensee and complainant within 20 days after its decision.

§ 209-10 Responsibilities of operator.

The operator of an escort service shall maintain a register of all employees or independent contractors, showing the names and aliases used by the employees, home address, birth date, sex, telephone numbers, social security numbers, 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.

The operator of an escort service shall make the register of employees available immediately to police upon demand by a member of the Village of Fox Crossing 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 authorization, knowledge, or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and 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.

§ 209-11 Registration of employees.

All operators or employees working for any escort service and independent contractor shall, prior to beginning employment or contracted duties, register with the Village of Fox Crossing Police Department. Such registration shall include the following:

(1)

Name, address, birth date, any aliases used, telephone numbers, date of employment, and name of employer.

(2)

Photographs and fingerprinting with the Village of Fox Crossing Police Department.

Upon registration, the Police Department shall provide to each registered employee or independent contractor an identification card containing the employee's or independent contractor's photograph, identifying the person as such, which shall be kept available for production upon request.

All registrations hereunder are valid for a period of one year.

The registration fee shall be set forth in the Village Fee Schedule, reference this Code section, per registration, and shall be paid to the Police Department to cover the costs of the identification cards.

§ 209-12 Violations and penalties.

Any person, partnership, or corporation which is found to have violated this chapter shall be fined a definite sum not exceeding an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, and shall result in a revocation of any license.

Each violation of this chapter shall be considered a separate offense, and any violation continuing more than one day shall be considered a separate offense.

§ 209-13 Severability.

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 the same.