LRB-5648/1
JAM:cdc&klm
2021 - 2022 LEGISLATURE
January 21, 2022 - Introduced by Representatives Wichgers, Penterman, Allen,
Brandtjen, Emerson, Gundrum, Milroy, J. Rodriguez, Skowronski, Subeck,
Thiesfeldt, Schraa, Behnke and James, cosponsored by Senators Jacque,
Ringhand and Wanggaard. Referred to Committee on Regulatory Licensing
Reform.
AB897,1,2
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:
AB897,1
1Section 1
. 134.47 of the statutes is created to read:
AB897,2,3
2134.47 Requirements for adult-entertainment establishments. (1)
3Definitions. In this section:
AB897,2,64
(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.
AB897,2,77
(b) “Disqualifying offense” means any of the following:
AB897,2,98
1. A criminal violation of subch. IV or V of ch. 944, subch. VI of ch. 946, or ch.
9961.
AB897,2,1010
2. A violation of s. 940.302 or 948.051 or another sex trafficking offense.
AB897,2,1211
3. A criminal violation of ch. 948 that relates to sexual assault, sexual abuse,
12or sexual exploitation of a child.
AB897,2,1313
4. A violation of s. 940.32.
AB897,2,1714
(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.
AB897,2,1818
(d) “Interested person” means any of the following:
AB897,2,2019
1. An individual who has the legal authority to manage or control operations
20or policies of an adult-entertainment establishment.
AB897,3,3
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.
AB897,3,54
3. A person that has a financial interest of at least 30 percent in an
5adult-entertainment establishment.
AB897,3,8
6(2) Establishment requirements. (a) An interested person at an
7adult-entertainment establishment may not have been convicted of a disqualifying
8offense.
AB897,3,119
(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).
AB897,3,1312
(c) An adult-entertainment establishment shall display the poster described
13in s. 165.71 (1) in a prominent location for employees to view.
AB897,3,1514
(d) An adult-entertainment establishment may not employ an employee under
15the age of 18.
AB897,3,1816
(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.
AB897,3,2119
(f) An adult-entertainment establishment shall not knowingly allow a
20violation of ch. 961 to occur on the premises of the adult-entertainment
21establishment.
AB897,3,2422
(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.
AB897,4,10
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.
AB897,4,1311
(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.
AB897,4,15
14(4) Penalties. (a) Any adult-entertainment establishment violating sub. (2)
15or (3) shall be subject to a forfeiture not to exceed $10,000.
AB897,4,1716
(b) Each act prohibited or required by sub. (2) or (3) shall constitute a separate
17violation.
AB897,4,1918
(c) Each day on which an adult-entertainment establishment knowingly
19violates sub. (2) or (3) constitutes a separate violation.
