Section 11.035 Escort Services.

11.035 Escort Services.

(1) Definitions.

Employee means any person whose name is furnished by an escort service, is referred to a customer through an escort service, or is an agent, employee, independent contractor, or volunteer for an escort service.

Escort means 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, entertainments or places of amusement or consorts with another person about any place of public resort or within any private quarters.

Escort service means 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, 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 of public resort or within any private quarters.

In call means any arrangement whereby an escort is provided on a premises owned, leased, rented, or controlled by the escort or escort service.

Person means any natural person, sole proprietorship, partnership, corporation or association, excepting the United States of America, the State of Wisconsin, and any political subdivision thereof.

(2) Exemptions. This chapter does not apply to businesses, agencies and persons licensed by the State of Wisconsin or the City pursuant to a specific statute or ordinance, and employees employed by a business so licensed, and which perform an escort or escort service as a merely incidental service to the primary function of such profession, employment or business and which do not hold themselves out to the public as an escort or escort service.

(3) Escort Service License Required. No person may work or perform services as an escort in the City unless employed by a licensed escort service and properly registered pursuant to this chapter. No escort service may operate or provide service in the City without first obtaining an escort service license. 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. An escort service license issued by the City pursuant to this chapter is non-transferrable.

(4) Application for Escort Service License.

(a) The application for a license shall be on a form approved by the City 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 percent 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, 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 conviction and pending charges of felony, misdemeanor or ordinance violations except minor traffic violations;

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

8. 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;

9. If the applicant is a partnership, the application shall specify the name and address of all partners and provide a certified copy of the partnership agreement or articles of partnership.

(b) 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.

(c) The application shall require payment of the appropriate fee at the time of submission. The amount of the fee shall be determined by the Common Council and on file in the office of the City Clerk.

(d) Upon receipt of the application, the matter will be referred to the Chief of Police for confirmation of qualifications. Upon confirmation, the matter will be presented to the Finance Committee for review and recommendation to the Common Council.

(e) License Fee. The application fee for a license, or any renewal thereof, shall be $500.00. The application fee for a photo identification card, or any renewal thereof, shall be $100.00. There is no proration of fees for any license or card issued for less than a one-year period, nor shall there be any prorated refund for a license or card that is suspended or revoked.

(5) Standards for License Issuance.

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

1. All persons required to be named under subsection (4)(a) of this section shall be at least 18 years of age;

2. No person required to be named under subsection (4)(a) of this section shall have been convicted of a felony;

3. Subject to Wis. Stat. Ch. 111, no person required to be named under subsection (4)(a) of this section shall have been convicted of a law or ordinance violation involving moral turpitude, prostitution, obscenity, or another crime of a sexual nature in any jurisdiction;

4. No person required to be named under subsection (4)(a) of this section shall have been convicted of a violation of a law or ordinance which substantially relates to the licensed activity;

5. No person required to be named under subsection (4)(a) of this section shall have been a director, officer, partner, or person interested directly in the control of an organization that has been convicted of a violation of any law or ordinance which substantially relates to the licensed activity.

(b) If any charges are currently pending which, if resulting in a conviction, would disqualify the applicant pursuant to subsection (5)(a) of this section, the Finance Committee may postpone action on the application until such time as the charge is resolved.

(6) License Renewal. Every license issued pursuant to this chapter shall terminate December 31st following its issuance, unless revoked sooner. Application for renewal shall be on a form provided by the City Clerk and shall be accompanied by the renewal fee which shall be determined by the Common Council and on file with the City Clerk.

(7) Application Denial.

(a) If, upon review of the application, the Finance Committee recommends denial of the license, the City Clerk shall notify the applicant by mail of the denial and the reason(s) therefor. The letter shall include the date and time of the Finance Committee review 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 recommendations to the Common Council.

(8) License Nonrenewal, Suspension or Revocation.

(a) Any license issued under this chapter may be suspended for not less than 10 days, nor more than 90 days, or revoked or non-renewed, for causes outlined in this section, unless otherwise provided by state statute or city ordinance. Causes for suspension or revocation include but are not limited to:

1. Violation by the licensee or his agent or employee of any law of the United States, State of Wisconsin or City of Manitowoc relating to the particular trade, occupation or business so licensed.

2. 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) Any violation of the requirements of this chapter shall be grounds for revocation of a license issued under this chapter.

(c) 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.

(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 Finance Committee.

2. A copy of the complaint, accompanied by a notice or summons signed by the City Clerk stating the time and place when and where the complaint will be heard before the Finance Committee, shall be served on the licensee named in the complaint. The summons shall command the licensee to appear before the Finance Committee on a date and time named in the summons, not less than three days or more than 10 days from the date of issuance, and show cause why his license should not be revoked or suspended.

3. At the time and place named in the summons, the licensee may appear in person with or without counsel and shall be fully heard by the Finance Committee in his defense on the complaint and the proof which may be submitted in support thereof.

4. After such hearing, the Finance Committee shall determine whether cause for revocation or suspension exists and shall report same to Common Council.

5. The Common Council may revoke or suspend the license based in part on the Finance Committee’s recommendation.

(9) Responsibilities of Escort Service Operator.

(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. This information shall be maintained in the register on the premises for at least three years following termination.

(b) Every 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 Manitowoc Police Department at all reasonable times.

(d) Any corporation or partnership holding an escort service license under this chapter shall report to the City Clerk, in writing, within 15 days any change of personnel identified in subsection (4)(a) of this section.

(10) Registration of Operators, Employees and Independent Contractors.

(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 City Clerk. During the registration process, the person shall provide name, address, birth date, any aliases used, telephone numbers, dates of employment and names of employers.

(b) The applicant shall pay a fee at the time of registration. The amount of the fee shall be determined by the Common Council and on file in the office of the City Clerk.

1. The applicant shall be at least 18 years of age.

2. Subject to Wis. Stat. Ch. 111, 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 Finance Committee, the applicant shall be issued a photo identification card that permits the applicant to function as an escort in the City of Manitowoc, subject to all federal and state laws and ordinances of the City.

(e) The photo identification card shall be kept available while performing escort services for production upon request by members of the Manitowoc Police Department.

(f) All identification cards shall expire on December 31st 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.

(11) Regulated Acts.

(a) No escort or escort service may conduct in calls on residentially zoned property.

(b) No escort or escort service may engage in unlawful acts while acting as an escort. A violation of a criminal statute or ordinance by an escort shall be considered a violation of this chapter by licensee.

(d) No person may advertise indicating that an escort service is available in the City unless that service possesses a valid license issued pursuant to this chapter. No escort service may advertise using a trade name unless that trade name is disclosed in the escort service license application. Any advertisements or escort activity conducted under an unreported trade name shall be considered unlicensed activity. For purposes of this section, “advertisement” includes Internet postings for escort services on sites including but not limited to Craigslist, Facebook, and other similar websites.

(e) 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.

(12) Violations and Penalties.

(a) Any person found to have violated subsection (11) of this section shall forfeit not less than $2,000 and not exceeding $5,000 and a court shall revoke any license issued to the person under this chapter.

(b) Any person found to have violated any other section of this chapter shall forfeit not more than $5,000 and a court shall revoke any license issued to the person under this chapter.

(c) Separate Offense. Each violation of this section shall be considered a separate offense, and any violation continuing more than one day shall be considered a separate offense.

(13) Wis. Stat. Ch. 68 shall not apply to the administrative process outlined above.

(14) Severability. If any provision of this section is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of same.

[Ord. 17-551 § 1, 2017]