SB836,1,2
1An Act to create 134.47 of the statutes;
relating to: requirements for
2adult-entertainment establishments and providing for a penalty.
Analysis by the Legislative Reference Bureau
This bill creates requirements and prohibitions for adult-entertainment
establishments. Adult-entertainment establishment is defined in the bill as a
commercial establishment, business, or service that offers sexually oriented
material, devices, paraphernalia, or presentations or sexual activities, services,
exhibitions, or performances.
The bill prohibits adult-entertainment establishments from being owned or
operated by a person who has been convicted of certain offenses, such as prostitution,
a sex offense against a child, or human trafficking, or who has been an owner or
operator of an adult-entertainment establishment that was declared a public
nuisance or that knowingly employed a victim of a human trafficking offense. The
bill also prohibits adult-entertainment establishments from having employees
under the age of 18, or employees who have been the victim of certain sex or human
trafficking offenses. The bill also prohibits adult-entertainment establishments
from knowingly allowing a violation of the Uniform Controlled Substances Act or
certain obscenity laws on the premises of the adult-entertainment establishment.
The bill also requires adult-entertainment establishments to post a human
trafficking poster created by the Department of Justice in a prominent location for
employees to view. The bill also requires adult-entertainment establishments to
furnish a list of the adult-entertainment establishment's employees, operators, and
owners to local law enforcement officials upon request. Adult-entertainment
establishments that violate the requirements or prohibitions of this bill are subject
to a $10,000 forfeiture for each day the adult-entertainment establishment is in
violation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB836,1
1Section 1
. 134.47 of the statutes is created to read:
SB836,2,3
2134.47 Requirements for adult-entertainment establishments. (1)
3Definitions. In this section:
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(a) “Adult-entertainment establishment" means a commercial establishment,
5business, or service that offers sexually oriented material, devices, paraphernalia,
6or presentations or sexual activities, services, exhibitions, or performances.
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(b) “Disqualifying offense” means any of the following:
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1. A criminal violation of subch. IV or V of ch. 944, subch. VI of ch. 946, or ch.
9961.
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2. A violation of s. 940.302 or 948.051 or another sex trafficking offense.
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3. A criminal violation of ch. 948 that relates to sexual assault, sexual abuse,
12or sexual exploitation of a child.
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4. A violation of s. 940.32.
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(c) “Employee” means an individual who performs a service on the premises of
15an adult-entertainment establishment, including an individual who is an
16independent contractor or agent but excluding an individual on the premises only for
17repair or maintenance or for delivery of goods.
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(d) “Interested person” means any of the following:
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1. An individual who has the legal authority to manage or control operations
20or policies of an adult-entertainment establishment.
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12. An individual who holds a management position in an entity that has the
2legal authority to manage or control operations or policies of an adult-entertainment
3establishment.
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3. A person that has a financial interest of at least 30 percent in an
5adult-entertainment establishment.
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6(2) Establishment requirements. (a) An interested person at an
7adult-entertainment establishment may not have been convicted of a disqualifying
8offense.
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(b) An interested person at an adult-entertainment establishment may not
10have been an interested person at another adult-entertainment establishment that
11was declared a public nuisance or that was subject to a penalty under sub. (3).
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(c) An adult-entertainment establishment shall display the poster described
13in s. 165.71 (1) in a prominent location for employees to view.
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(d) An adult-entertainment establishment may not employ an employee under
15the age of 18.
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(e) An adult-entertainment establishment shall not knowingly employ an
17employee who is or has been a victim of s. 940.302 or 948.051 or another sex
18trafficking offense.
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(f) An adult-entertainment establishment shall not knowingly allow a
20violation of ch. 961 to occur on the premises of the adult-entertainment
21establishment.
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(g) An adult-entertainment establishment shall not knowingly allow a
23violation of subch. V of ch. 944 to occur on the premises of the adult-entertainment
24establishment.
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1(3) Employment records. (a) A law enforcement officer of a city, village, town,
2or county in which an adult-entertainment establishment conducts business who
3presents his or her credentials at the adult-entertainment establishment during
4business hours may request that the adult-entertainment establishment furnish a
5list of all of the adult-entertainment establishment's employees, including each
6employee's full name and date of birth, and the adult-entertainment establishment's
7interested persons. An adult-entertainment establishment shall comply with a
8request under this paragraph by submitting to the requesting law enforcement
9officer a list of all employees and interested persons of the adult-entertainment
10establishment not later than the business day following the request.
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(b) Notwithstanding s. 19.35 (1), a law enforcement officer or agency that
12receives a record under par. (a) may disclose it only to another law enforcement
13officer or agency.
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14(4) Penalties. (a) Any adult-entertainment establishment violating sub. (2)
15or (3) shall be subject to a forfeiture not to exceed $10,000.
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(b) Each act prohibited or required by sub. (2) or (3) shall constitute a separate
17violation.
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(c) Each day on which an adult-entertainment establishment knowingly
19violates sub. (2) or (3) constitutes a separate violation.
