AB897: Bill Text

LRB-5648/1

JAM:cdc&klm

2021 - 2022 LEGISLATURE

2021 Assembly BILL 897

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 An Act to create 134.47 of the statutes; relating to: requirements for adult-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 Section 1 . 134.47 of the statutes is created to read:

AB897,2,3 134.47 Requirements for adult-entertainment establishments. (1) Definitions. In this section:

AB897,2,6 (a) “Adult-entertainment establishment" means a commercial establishment, business, or service that offers sexually oriented material, devices, paraphernalia, or presentations or sexual activities, services, exhibitions, or performances.

AB897,2,7 (b) “Disqualifying offense” means any of the following:

AB897,2,9 1. A criminal violation of subch. IV or V of ch. 944, subch. VI of ch. 946, or ch. 961.

AB897,2,10 2. A violation of s. 940.302 or 948.051 or another sex trafficking offense.

AB897,2,12 3. A criminal violation of ch. 948 that relates to sexual assault, sexual abuse, or sexual exploitation of a child.

AB897,2,13 4. A violation of s. 940.32.

AB897,2,17 (c) “Employee” means an individual who performs a service on the premises of an adult-entertainment establishment, including an individual who is an independent contractor or agent but excluding an individual on the premises only for repair or maintenance or for delivery of goods.

AB897,2,18 (d) “Interested person” means any of the following:

AB897,2,20 1. An individual who has the legal authority to manage or control operations or policies of an adult-entertainment establishment.

AB897,3,3 2. An individual who holds a management position in an entity that has the legal authority to manage or control operations or policies of an adult-entertainment establishment.

AB897,3,5 3. A person that has a financial interest of at least 30 percent in an adult-entertainment establishment.

AB897,3,8 (2) Establishment requirements. (a) An interested person at an adult-entertainment establishment may not have been convicted of a disqualifying offense.

AB897,3,11 (b) An interested person at an adult-entertainment establishment may not have been an interested person at another adult-entertainment establishment that was declared a public nuisance or that was subject to a penalty under sub. (3).

AB897,3,13 (c) An adult-entertainment establishment shall display the poster described in s. 165.71 (1) in a prominent location for employees to view.

AB897,3,15 (d) An adult-entertainment establishment may not employ an employee under the age of 18.

AB897,3,18 (e) An adult-entertainment establishment shall not knowingly employ an employee who is or has been a victim of s. 940.302 or 948.051 or another sex trafficking offense.

AB897,3,21 (f) An adult-entertainment establishment shall not knowingly allow a violation of ch. 961 to occur on the premises of the adult-entertainment establishment.

AB897,3,24 (g) An adult-entertainment establishment shall not knowingly allow a violation of subch. V of ch. 944 to occur on the premises of the adult-entertainment establishment.

AB897,4,10 (3) Employment records. (a) A law enforcement officer of a city, village, town, or county in which an adult-entertainment establishment conducts business who presents his or her credentials at the adult-entertainment establishment during business hours may request that the adult-entertainment establishment furnish a list of all of the adult-entertainment establishment's employees, including each employee's full name and date of birth, and the adult-entertainment establishment's interested persons. An adult-entertainment establishment shall comply with a request under this paragraph by submitting to the requesting law enforcement officer a list of all employees and interested persons of the adult-entertainment establishment not later than the business day following the request.

AB897,4,13 (b) Notwithstanding s. 19.35 (1), a law enforcement officer or agency that receives a record under par. (a) may disclose it only to another law enforcement officer or agency.

AB897,4,15 (4) Penalties. (a) Any adult-entertainment establishment violating sub. (2) or (3) shall be subject to a forfeiture not to exceed $10,000.

AB897,4,17 (b) Each act prohibited or required by sub. (2) or (3) shall constitute a separate violation.

AB897,4,19 (c) Each day on which an adult-entertainment establishment knowingly violates sub. (2) or (3) constitutes a separate violation.

AB897,4,20 (End)