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LRB-1450/1
CMH:cjs
2019 - 2020 LEGISLATURE
January 29, 2020 - Introduced by Senator Jacque, cosponsored by Representatives
Wichgers, Emerson, Kulp, L. Myers, Sinicki, Subeck, C. Taylor and Tusler.
Referred to Committee on Public Benefits, Licensing and State-Federal
Relations.
SB731,1,3 1An Act to create 20.455 (2) (gq) and 165.715 of the statutes; relating to:
2registration requirements for adult-entertainment establishments and
3making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates a registry in the Department of Justice for
adult-entertainment establishments. Under the bill, an adult-entertainment
establishment must register with DOJ and an individual must be registered with
DOJ to be an employee at an adult-entertainment establishment. An
adult-entertainment establishment must pay a $300 registration fee and an
employee must pay a $50 registration fee. DOJ may not register an
adult-entertainment establishment under certain conditions, such as if an owner
has been convicted of certain offenses, such as prostitution, a sex offense against a
child, or human trafficking or has been an owner of an adult-entertainment
establishment that was declared a public nuisance or that knowingly employed a
victim of a human trafficking offense. DOJ may not register an employee if the
employee has been convicted of the same offenses as those above or if the employee
has been a victim of a human trafficking offense. Under the bill, an
adult-entertainment establishment must notify DOJ if an employee is hired or ends
his or her employment at the establishment, must display a poster for a human
trafficking resource center hotline, and must maintain an employee identification
card issued by DOJ for each employee. Adult-entertainment establishments that
violate requirements under this bill are subject to having their registration

suspended, to being prohibited from operating for certain periods of time, and, if the
adult-entertainment establishment knowingly employs a victim of human
trafficking, to being permanently closed. DOJ must keep all registry information
confidential unless it is needed for law enforcement purposes.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB731,1 1Section 1. 20.455 (2) (gq) of the statutes is created to read:
SB731,2,42 20.455 (2) (gq) Registration fees for adult-entertainment establishments. All
3moneys received as fee payments under s. 165.715 (2) for administration and
4enforcement of s. 165.715.
SB731,2 5Section 2. 165.715 of the statutes is created to read:
SB731,2,7 6165.715 Registration requirements for adult-entertainment
7establishments.
(1) Definitions. In this section:
SB731,2,108 (a) “Adult-entertainment establishment" means a commercial establishment,
9business, or service that offers sexually oriented material, devices, paraphernalia,
10or presentations or sexual activities, services, exhibitions, or performances.
SB731,2,1111 (b) “Department” means the department of justice.
SB731,2,1212 (c) “Disqualifying offense” means any of the following:
SB731,2,1413 1. A criminal violation of subch. IV or V of ch. 944, subch. VI of ch. 946, or ch.
14961.
SB731,2,1515 2. A violation of s. 940.302 or 948.051 or another sex trafficking offense.
SB731,2,1716 3. A criminal violation of ch. 948 that relates to sexual assault, sexual abuse,
17or sexual exploitation of a child.
SB731,2,1818 4. A violation of s. 940.32.
SB731,3,4
1(d) “Employee” means an individual who performs a service on the premises
2of an adult-entertainment establishment, including an individual who is an
3independent contractor or agent but excluding an individual on the premises only for
4repair or maintenance or for delivery of goods.
SB731,3,55 (e) “Interested person” means any of the following:
SB731,3,76 1. An individual who has the legal authority to manage or control operations
7or policies of an adult-entertainment establishment.
SB731,3,108 2. An individual who holds a management position in an entity that has the
9legal authority to manage or control operations or policies of an adult-entertainment
10establishment.
SB731,3,1211 3. A person that has a financial interest of at least 30 percent in an
12adult-entertainment establishment.
SB731,3,15 13(2) Registration requirements. (a) An adult-entertainment establishment
14may not operate unless the adult-entertainment establishment registers with the
15department under sub. (3) and submits a $300 registration fee.
SB731,3,1716 (b) An individual may not be an employee unless the individual registers with
17the department under sub. (4) and submits a $50 registration fee.
SB731,3,21 18(3) Registration of the adult-entertainment establishment. (a) The
19department shall design a registration form and make it available on its Internet
20site. An adult-entertainment establishment shall request registration by providing
21the department with the following:
SB731,3,2522 1. The name and mailing address of the person that is submitting the form.
23If the person is a corporation, any other information the department requests for
24purposes of this section, and, if the person is an individual, a copy of photographic
25identification.
SB731,4,2
12. The name, address, and telephone number of the adult-entertainment
2establishment.
SB731,4,53 3. The name of any interested person at the adult-entertainment
4establishment that has been convicted of a crime, the crime committed, and the date
5the crime was committed.
SB731,4,96 4. The name of any interested person at the adult-entertainment
7establishment that was an interested person at another adult-entertainment
8establishment that was declared a public nuisance or that was subject to a penalty
9under sub. (6).
SB731,4,1210 5. A diagram drawn to scale of the configuration of the adult-entertainment
11establishment, including the total floor space of the adult-entertainment
12establishment.
SB731,4,1513 (b) No later than 30 days after the department receives a registration form from
14an adult-entertainment establishment, the department shall provide the
15establishment with one of the following:
SB731,4,1816 1. A certificate of registration if the form is complete, the establishment has
17submitted the registration fee, and the establishment is not disqualified due to any
18of the following:
SB731,4,2419 a. An interested person at the adult-entertainment establishment was
20convicted of a disqualifying offense if, for a misdemeanor offense, less than 2 years
21have elapsed since the later of the conviction or the completion of any incarceration
22or probation imposed for the misdemeanor or if, for a felony offense, less than 5 years
23have elapsed since the later of the conviction or the completion of any incarceration
24or probation imposed for the felony.
SB731,5,5
1b. An interested person at the adult-entertainment establishment was an
2interested person at another adult-entertainment establishment that was declared
3a public nuisance within the previous 5 years, that was subject to a penalty under
4sub. (6) (d), or that is currently prohibited from operating under sub. (6) (a), (b), or
5(c).
SB731,5,86 2. If the form is incomplete, the establishment is disqualified under subd. 1. a.
7or b., or the establishment has not submitted the registration fee, a letter indicating
8why the department cannot register the adult-entertainment establishment.
SB731,5,119 (c) The department shall suspend the registration of an adult-entertainment
10establishment, and shall notify the adult-entertainment establishment of the
11suspension, if any of the following applies:
SB731,5,1312 1. The department determines that the adult-entertainment establishment is
13disqualified under par. (b) 1. a. or b.
SB731,5,1514 2. The department determines that the adult-entertainment establishment is
15violating sub. (5).
SB731,5,1816 3. The department determines that the adult-entertainment establishment is
17employing an individual who does not have a valid photographic identification card
18issued under sub. (4) (b) 1. or whose registration was suspended under sub. (4) (c).
SB731,5,21 19(4) Employee registration. (a) The department shall design a registration
20form and make it available on its Internet site. An employee shall request
21registration by providing the department with the following:
SB731,5,2322 1. The employee's name, including any aliases and stage names; address; and
23telephone number.
SB731,6,224 2. The employee's date of birth, a state or federal photographic identification
25that indicates that the employee is at least 18 years of age, and a photograph of the

1employee that meets the department's specifications for the department to use on the
2photographic identification under par. (b) 1.
SB731,6,43 3. The name, telephone number, and address of each adult-entertainment
4establishment at which the employee provides or intends to provide services.
SB731,6,65 4. If the employee has been convicted of a crime, the crime and the date of
6conviction.
SB731,6,87 5. A statement of whether the employee has been a victim of s. 940.302 or
8948.051 or another sex trafficking offense.
SB731,6,109 (b) No later than 30 days after the department receives a registration form from
10an employee, the department shall provide the employee with one of the following:
SB731,6,1311 1. A photographic identification card if the form is complete, the employee has
12submitted the registration fee, and the employee is not disqualified due to any of the
13following:
SB731,6,1814 a. The employee was convicted of a disqualifying offense if, for a misdemeanor
15offense, less than 2 years have elapsed since the later of the conviction or the
16completion of any incarceration or probation imposed for the misdemeanor or if, for
17a felony offense, less than 5 years have elapsed since the later of the conviction or the
18completion of any incarceration or probation imposed for the felony.
SB731,6,2019 b. The employee has been a victim of s. 940.302 or 948.051 or another sex
20trafficking offense.
SB731,6,2321 2. If the form is incomplete, the employee is disqualified under subd. 1. a. or
22b., or the employee has not submitted the registration fee, a letter indicating why the
23department cannot register the employee.
SB731,7,3
1(c) The department shall suspend a registration, and shall notify each
2employee and each adult-entertainment establishment that employs the employee
3of the suspension, if any of the following applies:
SB731,7,54 1. The department determines that the employee provided false information
5when registering under par. (a).
SB731,7,66 2. The department determines that the employee is under the age of 18.
SB731,7,87 3. The department determines that the employee is disqualified under par. (b)
81. a. or b.
SB731,7,10 9(5) Reporting and posting requirements. (a) An adult-entertainment
10establishment shall provide notice to the department if any of the following occurs:
SB731,7,1111 1. The adult-entertainment establishment hires or terminates an employee.
SB731,7,1412 2. An employee ceases employment at the adult-entertainment establishment
13for more than 30 days even if the employee intends to return to employment at the
14adult-entertainment establishment.
SB731,7,1615 (b) An adult-entertainment establishment shall display the poster described
16in s. 165.71 (1) in a prominent location for employees to view.
SB731,7,2017 (c) An adult-entertainment establishment shall maintain on the premises the
18photographic identification card under sub. (4) (b) 1. for each employee and, upon
19request, shall provide that card only to the department or to law enforcement for
20inspection.
SB731,7,23 21(6) Penalties. (a) An adult-entertainment establishment that violates sub.
22(2) (a) or operates while its registration is suspended under sub. (3) (c) is subject to
23the following:
SB731,8,3
11. If the violation is the first violation, the adult-entertainment establishment
2is prohibited from operating until the adult-entertainment establishment complies
3with this section.
SB731,8,74 2. If the violation is the 2nd violation, the adult-entertainment establishment
5is prohibited from operating until the adult-entertainment establishment complies
6with this section or 30 days have passed since the prohibition took effect, whichever
7is later.
SB731,8,118 3. If the violation is the 3rd or subsequent violation, the adult-entertainment
9establishment is prohibited from operating until the adult-entertainment
10establishment complies with this section or 180 days have passed since the
11prohibition took effect, whichever is later.
SB731,8,1412 (b) An adult-entertainment establishment that knowingly provides false
13information on a registration form when registering under sub. (3) is prohibited from
14operating for at least 90 days.
SB731,8,1615 (c) An adult-entertainment establishment that knowingly does any of the
16following shall be prohibited from operating for at least one year:
SB731,8,1817 1. Allows a violation of ch. 961 to occur on the premises of the
18adult-entertainment establishment.
SB731,8,2019 2. Allows a violation of subch. V of ch. 944 to occur on the premises of the
20adult-entertainment establishment.
SB731,8,2321 (d) An adult-entertainment establishment that knowingly employs an
22individual who has been a victim of s. 940.302 or 948.051 or another sex trafficking
23offense is prohibited from operating permanently.
SB731,9,4 24(7) Confidentiality of registry. (a) The department shall keep confidential
25all information provided under this section except that the department shall make

1the information available to a law enforcement agency or law enforcement officer for
2law enforcement purposes. Any information provided under this section that is in
3the possession of the department or a law enforcement agency is confidential and not
4open to public inspection or copying under s. 19.35 (1).
SB731,9,75 (b) Any law enforcement agency or law enforcement officer that receives
6information under par. (a) shall keep the information confidential unless disclosure
7is necessary to perform a law enforcement function.
SB731,9,8 8(8) Enforcement. The attorney general shall enforce this section.
SB731,9,99 (End)
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