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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 60
February 23, 2023 - Introduced by Representatives BODDEN, WICHGERS, BEHNKE,
BRANDTJEN, DONOVAN, GUNDRUM, MURPHY, ORTIZ-VELEZ, PENTERMAN, SINICKI
and SUBECK, cosponsored by Senator JACQUE. Referred to Committee on
Regulatory Licensing Reform.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 134.47 of the statutes; relating to: requirements for
adult-entertainment establishments and providing 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 is distinguished by an emphasis
on the offering of, or in which the predominant business or attraction is the offering
of, sexually oriented material, devices, paraphernalia, or presentations or sexual
activities, services, exhibitions, or performances. “Adult-entertainment
establishment” does not include health care facilities, institutions of higher
education, nonprofit organizations, or schools.
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. The bill also prohibits adult-entertainment establishments
from knowingly allowing a violation of the Uniform Controlled Substances Act,
certain obscenity laws, and certain sex or human trafficking laws to occur 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 and a poster distributed by the federal Department of
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Homeland Security that provides human trafficking information 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 or interested persons that violate the
requirements or prohibitions of the bill are subject to a $10,000 forfeiture for each
day the adult-entertainment establishment or interested person is in violation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 134.47 of the statutes is created to read:
134.47 Requirements for adult-entertainment establishments. (1)
DEFINITIONS. In this section:
(a) “Adult-entertainment establishment" means a commercial establishment,
business, or service that is distinguished by an emphasis on the offering of, or in
which the predominant business or attraction is the offering of, sexually oriented
material, devices, paraphernalia, or presentations or sexual activities, services,
exhibitions, or performances, but not including any of the following:
1. Health care facilities.
2. Institutions of higher education.
3. Nonprofit organizations.
4. Schools.
(b) “Disqualifying offense” means any of the following:
1. A criminal violation of subch. IV or V of ch. 944, subch. VI of ch. 946, or ch.
961.
2. A violation of s. 940.302 or 948.051 or another sex trafficking offense.
3. A criminal violation of ch. 948 that relates to sexual assault, sexual abuse,
or sexual exploitation of a child.
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4. A violation of s. 940.32.
(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.
(d) “Interested person” means any of the following:
1. An individual who has the legal authority to manage or control operations
or policies of an adult-entertainment establishment.
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.
3. A person that has a financial interest of at least 30 percent in an
adult-entertainment establishment.
(2) ESTABLISHMENT REQUIREMENTS. (a) An interested person at an
adult-entertainment establishment may not have been convicted of a disqualifying
offense.
(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. (4).
(c) An adult-entertainment establishment shall display the poster described
in s. 165.71 (1) and a poster distributed by the federal department of homeland
security that provides human trafficking information in a prominent location for
employees to view.
(d) An adult-entertainment establishment shall not employ an employee
under the age of 18.
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(e) An adult-entertainment establishment shall not knowingly allow a
violation of s. 940.302 or 948.051 or another sex trafficking offense to occur on the
premises of the adult-entertainment establishment.
(f) An adult-entertainment establishment shall not knowingly allow a
violation of ch. 961 to occur on the premises of the adult-entertainment
establishment.
(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.
(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.
(b) Notwithstanding s. 19.35 (1), a law enforcement officer or agency that
receives a list under par. (a) may disclose it only to another law enforcement officer
or agency.
(4) PENALTIES. (a) Any adult-entertainment establishment or interested
person violating sub. (2) or (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) constitutes a separate
violation.
(c) Each day on which an adult-entertainment establishment or interested
person knowingly violates sub. (2) or (3) constitutes a separate violation.
(END)
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