[Ord. No. 884, § I(Att.), 10-21-2014]
For the purposes of this section, the following words and phrases,
unless the context in which they are used clearly indicates an intent
to the contrary, shall be defined as follows:
Any person who, for a fee, commission, salary, hire, profit,
payment or other monetary consideration accompanies or offers to accompany
another person to or about social affairs, entertainments or places
of amusement or consorts with any other person about any place of
public resort or within any private quarters.
Service provided by any person who, for a fee, commission,
salary, hire, profit, payment or other monetary consideration, furnishes,
offers to furnish names of persons, or who introduces, furnishes or
arranges for 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 or public resort or within any private
quarters.
Any person, partnership, corporation, or other organization
operating, conducting, maintaining or owning any escort service.
[Ord. No. 884, § I(Att.), 10-21-2014]
This section does not apply to businesses, agencies and persons
licensed by the state or Village pursuant to a specific statute or
ordinance, and employees employed by a business so licensed, and which
perform an escort or an escort service function or such profession,
employment or business and which do not hold themselves out to the
public as an escort or an escort service.
[Ord. No. 884, § I(Att.), 10-21-2014]
(a)
No person may engage in, conduct or carry on the operation or maintenance
of an escort service without first obtaining a valid escort service
license issued under this chapter.
(b)
A license may be issued only for one escort service located at a
fixed and certain place. Any person wishing to operate more than one
escort service must have a license for each escort service.
(c)
All escort services existing in the Village at the time of the adoption
of this chapter must submit an application for a license within 60
days of the adoption of this chapter.
[Ord. No. 884, § I(Att.), 10-21-2014]
(a)
Any person desiring to obtain an escort service license shall pay the required fee as specified in § 10-108 to defray the costs of administration and investigation of the application.
(b)
Any person desiring an escort service license shall file a written
application with the office of the Village Clerk-Treasurer on a form
provided by that office. The information provided to the office of
the Village Clerk-Treasurer shall be provided under oath.
(1)
Corporations. If the applicant is a corporation, the name of
the corporation shall be set forth exactly as set forth in its articles
of incorporation, together with the date and state of incorporation,
the name and residence address of each of its officers, directors,
and each stockholder holding 5% or more of the stock or beneficial
ownership of the corporation. The application shall also be verified
by an officer of the corporation.
(2)
Partnership. If the applicant is a partnership, the application
shall set forth the name of the partnership and the name and residence
address of each of the partners, including limited partners and shall
be verified by each partner. If one or more of the partners is a corporation,
the provisions of the section pertaining to a corporate applicant
shall apply to the corporate partner.
(3)
Others. If the applicant is neither a corporation nor partnership,
the application shall set forth the true full name and residence address
of the applicant and shall be verified by the applicant. The application
shall include any other name by which the applicant has been known
during the previous five years.
(c)
The application shall also set forth the proposed place of business
of the escort service, by business address, including suite number
and not by post office box number and shall contain a description
of the nature and scope of the proposed business operation. In addition,
the following information shall be furnished concerning the applicant
if an individual; concerning each officer and director and all stockholders
who own 5% or more of the stock or beneficial ownership if the applicant
is a cooperation; concerning each partner, including limited partners,
if the applicant is a partnership:
(1)
The previous residence address, if any, for a period of three
years immediately prior to the date of the application and the dates
of such residence;
(2)
Written proof that the applicant is at least 18 years of age;
(3)
A complete set of fingerprints;
(4)
The business, occupation or employment history for three years
immediately preceding the date of the application, including but not
limited to, whether the person previously operated under any permit
or license in another city, in this or another state and whether the
permit or license had ever been suspended or revoked;
(5)
All convictions in any state or federal court within the last
five years, including municipal ordinance violations, exclusive of
traffic convictions, with a brief statement of the nature of the convictions
and the jurisdiction in which the convictions occurred;
(6)
All pending criminal charges in any state or federal court,
with a brief statement of the nature of the pending charges and the
jurisdiction in which the charges are pending;
(7)
The names of persons who will have custody of the business records
at the business location.
(8)
The name and address of the person who will be the agent for
service of process.
(d)
The Village Clerk-Treasurer shall notify the Chief of Police, the
Fire Chief, the Building Inspector and the board or its designee of
any escort license application and these officials shall inspect or
cause to be inspected each such application and the premises to determine
whether the applicant and the premises sought to be licensed comply
with the regulations, ordinances and laws applicable thereto. These
officials shall furnish to the licensing committee, in writing, the
information derived from such investigation and a statement as to
whether the applicant and the premises meet the requirements of the
departments for whom the officer is certifying within 10 days of receipt
of notice from the Village Clerk-Treasurer. No license shall be renewed
without a re-inspection of the premises.
(e)
Within 60 days of receiving an application for a license, the board
shall grant or deny a license to the applicant, upon the recommendation
of the license committee. The Village Clerk-Treasurer shall notify
the applicant whether the application is granted or denied.
(f)
Whenever an application is denied, the Village Clerk-Treasurer shall
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 within 10 days thereafter
before the board or its designee.
(g)
Failure or refusal of the applicant to give information relevant
to the application, failure or refusal to appear at any reasonable
time and place for examination under oath regarding the application
or refusal to submit or cooperate with regard to any information required
by this section shall constitute an admission by the applicant that
he is ineligible for such license and shall be grounds for denial.
[Ord. No. 884, § I(Att.), 10-21-2014]
(a)
The board shall issue an escort license if, upon recommendation by
the licensing committee, it finds that:
(1)
The required fee has been paid;
(2)
The application conforms to all aspects in this chapter;
(3)
The applicant has not knowingly made a material misstatement
in the application;
(4)
The applicant has fully cooperated in the investigation of the
application;
(5)
The escort service, as proposed by the applicant, would comply
with all applicable laws, including, but not limited to, the city's
building and zoning codes;
(6)
The applicant has not had an escort service license or permit
or other similar license or permit revoked or suspended in this state
or any other state within three years prior to the date of the application.
(7)
The applicant, if an individual; any of the stockholders holding
5% or more of the stock or beneficial ownership of the corporation;
and any officers, agents or directors, if the applicant is a corporation;
or any of the partners, including limited partners, if the applicant
is a partnership, does not, at the time of application, have pending
any criminal charge for, or within five years prior to the date of
application has not been convicted of any offense involving dishonesty,
fraud, deceit, robbery, the use or threatened use of force or violence
upon the person of another, or sexual immorality under W.S.A. ch.
944, as amended, or other offenses subject to W.S.A., § 111.335,
as amended;
(8)
The applicant, if a corporation, is licensed to do business
and is in good standing in the state;
(9)
All individual applicants; all stockholders holding 5% or more
of the stock or beneficial ownership, directors and officers, if the
application is a corporation; and all partners, including limited
partners, if the applicant is a partnership, are at least 18 years
of age.
[Ord. No. 884, § I(Att.), 10-21-2014]
The escort service license shall be displayed in a conspicuous
public place in the escort service's place of business.
[Ord. No. 884, § I(Att.), 10-21-2014]
(a)
No person may work or perform services as an escort in the Village,
either individually or while working for an escort service, unless
the person has first obtained a valid escort license issued under
this section.
(b)
All persons working or performing services as an escort in the Village
at the time of the passage of this section shall submit an application
for a license within 60 days of the adoption of this section.
[Ord. No. 884, § I(Att.), 10-21-2014]
(a)
Any person desiring to obtain an escort license shall pay the required
fee as set forth in the most current Village Board resolution approving
the annual fee schedule to defray the costs of administration and
investigation of the application.
(b)
Any person desiring an escort license shall file a written application
with the office of the Village Clerk-Treasurer on a form to be provided
by the Clerk-Treasurer's office. The information provided to the office
of the Village Clerk-Treasurer shall be provided under oath. Any applicant
for an escort license shall furnish all information required by § 10-105(a)(1
— 6) as well as a description of the applicant's height, weight,
color of eyes and color of hair. The applicant will provide two passport-size
color photographs at least one inch by one inch taken within three
months of the date of application. In addition, the applicant shall
identify by name and address the escort service at which the applicant
is currently working, if any, or at which the applicant expects to
be employed.
(c)
Applications for an escort license shall be referred to the Chief
of Police who shall cause an investigation to be made of the applicant
and report the findings of the investigation to the committee of the
board that reviews licenses within 10 days of receipt of notice from
the Village Clerk-Treasurer.
(d)
Within 60 days of receiving an application for an escort license,
the board shall grant or deny a license to the applicant upon a recommendation
of the license committee. The Village Clerk-Treasurer shall notify
the applicant whether the application is granted or denied.
(e)
Whenever an application is denied, the Village Clerk-Treasurer shall
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 within 10 days
thereafter before the board its designee.
(f)
Failure or refusal of the applicant to give any information relevant
to the application, failure or refusal to appear at any reasonable
time and place for examination under oath regarding the application
or refusal to submit or cooperate with regard to any information required
by this section shall constitute and admission that he is ineligible
for such license and shall be grounds for denial.
[Ord. No. 884, § I(Att.), 10-21-2014]
(a)
The board shall issue an escort license if, upon recommendation by
the licensing committee, it finds that:
(1)
The required fee has been paid;
(2)
The application conforms in all respects to this chapter;
(3)
The applicant has not knowingly made a material misstatement
in the application;
(4)
The applicant has fully cooperated in the investigation of his
application;
(5)
The applicant has not had an escort license or permit or other
similar license or permit revoked or suspended in this state or any
other state within three years prior to the date of application;
(6)
The applicant does not, at the time of application, have any
pending criminal charges for, or within five years prior to the date
of application has not been convicted of, any offense involving dishonesty,
fraud, deceit, robbery, the use or threatened use of force or violence
upon the person of another, or sexual immorality under W.S.A. ch.
944, as amended or other offenses subject to W.S.A. § 111.335,
as amended;
(7)
The applicant is at least 18 years of age.
[Ord. No. 884, § I(Att.), 10-21-2014]
(a)
The Village Clerk-Treasurer shall issue an escort license on which
there shall be the applicant's true first name, surname and middle
initial, if any; the picture of the applicant; and the license number
and the expiration date of the license. The license shall be in such
form as to avoid alteration.
(b)
The certificate shall be carried on the person of the escort and
shall be exhibited to any person, including law enforcement personnel,
requesting to see it at any time while the person is engaged in acting
as an escort.
[Ord. No. 884, § I(Att.), 10-21-2014]
(a)
Any corporation holding an escort service license under this chapter
shall report to the Village Clerk-Treasurer, in writing, within 15
days of the event described herein, any of the following:
[Ord. No. 884, § I(Att.), 10-21-2014]
Upon the sale or transfer of any interest in an escort service,
the license shall be void. Any person desiring to continue to operate
an escort service following sale or transfer shall apply for a license.
[Ord. No. 884, § I(Att.), 10-21-2014]
(a)
Every act of omission by an employee constituting a violation of
the provisions of this section shall be deemed the act or omission
of the escort service 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 escort'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.
(b)
Every act or omission by an escort, regardless of whether the escorts
are employees, agents or independent contractor, shall be deemed the
act or omission of the escort service 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 escort's conduct. The operator shall be punishable for such act
or omission in the same manner as if the operator caused such act
or omission.
(c)
No escort service operator may allow or permit any person to work
as an escort for such escort service unless the person so employed
has valid escort license issued by the Village.
(d)
No escort may work for any escort service operator unless the escort
service operator has a valid escort service license issued by the
Village.
(e)
No escort service may conduct any business without maintaining in its premises a daily register containing the name of each escort currently employed or otherwise working for the escort service on the date in question, a duplicate of the escort license certificate required under § 10-107 and the actual hours of employment of each escort for each day. The daily register shall be available during all business hours for inspection by law enforcement personnel.
(f)
No person licensed as an escort or escort service may in any manner
advertise its services as licensed by the Village.
[Ord. No. 884, § I(Att.), 10-21-2014]
(a)
Every license issued pursuant to this chapter will terminate at the
expiration of one year from date of issuance unless sooner revoked
and must be renewed before operation is allowed in the following year.
All applications for the renewal of escort service and escort licenses
issued by the Village shall be filed with the office of the Village
Clerk-Treasurer on a form provided by the Clerk-Treasurer's office
no later than 60 days prior to the expiration of the license. The
renewal application shall contain such information and data, given
under oath or affirmation, as is required for an application for a
new license. Applications to renew licenses shall be processed by
the Village in the same fashion as new applications.
(b)
A license renewal fee as set forth in the most current Village Board
resolution approving the annual fee schedule and posted in the office
of the Village Clerk-Treasurer shall be submitted with the renewal
application. In addition to the renewal fee, a late penalty as also
determined from time to time by the Village Board, shall be assessed
against any applicant who files for renewal less than 60 days before
the license expires. If the application is denied, one-half of the
total fees collected shall be returned.
[Ord. No. 884, § I(Att.), 10-21-2014]
(a)
Any escort service or escort license may be suspended for not more
than 90 days or revoked by the board for any of the following reasons:
(1)
Any of the grounds that would warrant the denial of the original
application for the license;
(2)
Discovery of false or misleading information or data was given
on any application or material facts were omitted from any application;
(3)
The operator or any employee of the operator or any escort employed
by the operator violates any provision of this section or any rules
or regulations adopted by the board pursuant to this chapter; provided,
however, that in the case of a first offense by an operator where
the conduct was solely that of an employee or escort, the penalty
shall not exceed a suspension of 30 days if the board shall find that
the operator had no actual or constructive knowledge of such violation
and could not, by the exercise of due diligence, have had such actual
or constructive knowledge;
(4)
The licensee becomes ineligible to obtain a license or permit;
(5)
Any cost or fee required to be paid by this chapter is not paid.
(b)
Any escort service or escort license may be suspended or revoked
after notice and hearing before the licensing committee of the board
to determine if grounds for such suspension or revocation exist. Notice
of hearing shall be in writing and may be served by certified mail
addressed to the licensee at the current address of the licensee on
file with the office of the Village Clerk-Treasurer. The notice shall
state the grounds of the complaint against the licensee and shall
designate the time and place where the hearing will be held.
(c)
Any operator whose license is revoked or suspended shall not be eligible
to receive a license for one year from the date of the revocation.
No location or premises for which a license has been issued shall
be used as an escort for six months from the date of revocation of
the license.
[Ord. No. 884, § I(Att.), 10-21-2014]
Any person who violates any provision of this section or who fails to obtain a license as required in this chapter shall, upon conviction, be subject to the provisions of Chapter 1, penalty for violation, of this Code.
