SB731: Bill Text

SB731,5,5 b. An interested person at the adult-entertainment establishment was an interested person at another adult-entertainment establishment that was declared a public nuisance within the previous 5 years, that was subject to a penalty under sub. (6) (d), or that is currently prohibited from operating under sub. (6) (a), (b), or (c).

SB731,5,8 2. If the form is incomplete, the establishment is disqualified under subd. 1. a. or b., or the establishment has not submitted the registration fee, a letter indicating why the department cannot register the adult-entertainment establishment.

SB731,5,11 (c) The department shall suspend the registration of an adult-entertainment establishment, and shall notify the adult-entertainment establishment of the suspension, if any of the following applies:

SB731,5,13 1. The department determines that the adult-entertainment establishment is disqualified under par. (b) 1. a. or b.

SB731,5,15 2. The department determines that the adult-entertainment establishment is violating sub. (5).

SB731,5,18 3. The department determines that the adult-entertainment establishment is employing an individual who does not have a valid photographic identification card issued under sub. (4) (b) 1. or whose registration was suspended under sub. (4) (c).

SB731,5,21 (4) Employee registration. (a) The department shall design a registration form and make it available on its Internet site. An employee shall request registration by providing the department with the following:

SB731,5,23 1. The employee's name, including any aliases and stage names; address; and telephone number.

SB731,6,2 2. The employee's date of birth, a state or federal photographic identification that indicates that the employee is at least 18 years of age, and a photograph of the employee that meets the department's specifications for the department to use on the photographic identification under par. (b) 1.

SB731,6,4 3. The name, telephone number, and address of each adult-entertainment establishment at which the employee provides or intends to provide services.

SB731,6,6 4. If the employee has been convicted of a crime, the crime and the date of conviction.

SB731,6,8 5. A statement of whether the employee has been a victim of s. 940.302 or 948.051 or another sex trafficking offense.

SB731,6,10 (b) No later than 30 days after the department receives a registration form from an employee, the department shall provide the employee with one of the following:

SB731,6,13 1. A photographic identification card if the form is complete, the employee has submitted the registration fee, and the employee is not disqualified due to any of the following:

SB731,6,18 a. The employee was convicted of a disqualifying offense if, for a misdemeanor offense, less than 2 years have elapsed since the later of the conviction or the completion of any incarceration or probation imposed for the misdemeanor or if, for a felony offense, less than 5 years have elapsed since the later of the conviction or the completion of any incarceration or probation imposed for the felony.

SB731,6,20 b. The employee has been a victim of s. 940.302 or 948.051 or another sex trafficking offense.

SB731,6,23 2. If the form is incomplete, the employee is disqualified under subd. 1. a. or b., or the employee has not submitted the registration fee, a letter indicating why the department cannot register the employee.

SB731,7,3 (c) The department shall suspend a registration, and shall notify each employee and each adult-entertainment establishment that employs the employee of the suspension, if any of the following applies:

SB731,7,5 1. The department determines that the employee provided false information when registering under par. (a).

SB731,7,6 2. The department determines that the employee is under the age of 18.

SB731,7,8 3. The department determines that the employee is disqualified under par. (b) 1. a. or b.

SB731,7,10 (5) Reporting and posting requirements. (a) An adult-entertainment establishment shall provide notice to the department if any of the following occurs:

SB731,7,11 1. The adult-entertainment establishment hires or terminates an employee.

SB731,7,14 2. An employee ceases employment at the adult-entertainment establishment for more than 30 days even if the employee intends to return to employment at the adult-entertainment establishment.

SB731,7,16 (b) An adult-entertainment establishment shall display the poster described in s. 165.71 (1) in a prominent location for employees to view.

SB731,7,20 (c) An adult-entertainment establishment shall maintain on the premises the photographic identification card under sub. (4) (b) 1. for each employee and, upon request, shall provide that card only to the department or to law enforcement for inspection.

SB731,7,23 (6) Penalties. (a) An adult-entertainment establishment that violates sub. (2) (a) or operates while its registration is suspended under sub. (3) (c) is subject to the following:

SB731,8,3 1. If the violation is the first violation, the adult-entertainment establishment is prohibited from operating until the adult-entertainment establishment complies with this section.

SB731,8,7 2. If the violation is the 2nd violation, the adult-entertainment establishment is prohibited from operating until the adult-entertainment establishment complies with this section or 30 days have passed since the prohibition took effect, whichever is later.

SB731,8,11 3. If the violation is the 3rd or subsequent violation, the adult-entertainment establishment is prohibited from operating until the adult-entertainment establishment complies with this section or 180 days have passed since the prohibition took effect, whichever is later.

SB731,8,14 (b) An adult-entertainment establishment that knowingly provides false information on a registration form when registering under sub. (3) is prohibited from operating for at least 90 days.

SB731,8,16 (c) An adult-entertainment establishment that knowingly does any of the following shall be prohibited from operating for at least one year:

SB731,8,18 1. Allows a violation of ch. 961 to occur on the premises of the adult-entertainment establishment.

SB731,8,20 2. Allows a violation of subch. V of ch. 944 to occur on the premises of the adult-entertainment establishment.

SB731,8,23 (d) An adult-entertainment establishment that knowingly employs an individual who has been a victim of s. 940.302 or 948.051 or another sex trafficking offense is prohibited from operating permanently.

SB731,9,4 (7) Confidentiality of registry. (a) The department shall keep confidential all information provided under this section except that the department shall make the information available to a law enforcement agency or law enforcement officer for law enforcement purposes. Any information provided under this section that is in the possession of the department or a law enforcement agency is confidential and not open to public inspection or copying under s. 19.35 (1).

SB731,9,7 (b) Any law enforcement agency or law enforcement officer that receives information under par. (a) shall keep the information confidential unless disclosure is necessary to perform a law enforcement function.

SB731,9,8 (8) Enforcement. The attorney general shall enforce this section.

SB731,9,9 (End)