Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB56 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 56
5	5	February 14, 2023 - Introduced by Senator J ACQUE, cosponsored by
6	6	Representatives BODDEN, WICHGERS, BEHNKE, BRANDTJEN, DONOVAN,
7	7	GUNDRUM, MURPHY, ORTIZ-VELEZ, PENTERMAN, SINICKI and SUBECK. Referred to
8	8	Committee on Judiciary and Public Safety.
9	9	AN ACT to create 134.47 of the statutes; relating to: requirements for
10	10	adult-entertainment establishments and providing a penalty.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill creates requirements and prohibitions for adult-entertainment
13	13	establishments. “Adult-entertainment establishment” is defined in the bill as a
14	14	commercial establishment, business, or service that is distinguished by an emphasis
15	15	on the offering of, or in which the predominant business or attraction is the offering
16	16	of, sexually oriented material, devices, paraphernalia, or presentations or sexual
17	17	activities, services, exhibitions, or performances. “Adult-entertainment
18	18	establishment” does not include health care facilities, institutions of higher
19	19	education, nonprofit organizations, or schools.
20	20	The bill prohibits adult-entertainment establishments from being owned or
21	21	operated by a person who has been convicted of certain offenses, such as prostitution,
22	22	a sex offense against a child, or human trafficking, or who has been an owner or
23	23	operator of an adult-entertainment establishment that was declared a public
24	24	nuisance or that knowingly employed a victim of a human trafficking offense. The
25	25	bill also prohibits adult-entertainment establishments from having employees
26	26	under the age of 18. The bill also prohibits adult-entertainment establishments
27	27	from knowingly allowing a violation of the Uniform Controlled Substances Act,
28	28	certain obscenity laws, and certain sex or human trafficking laws to occur on the
29	29	premises of the adult-entertainment establishment. The bill also requires
30	30	adult-entertainment establishments to post a human trafficking poster created by
31	31	the Department of Justice and a poster distributed by the federal Department of
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35	35	SENATE BILL 56
36	36	Homeland Security that provides human trafficking information in a prominent
37	37	location for employees to view. The bill also requires adult-entertainment
38	38	establishments to furnish a list of the adult-entertainment establishment's
39	39	employees, operators, and owners to local law enforcement officials upon request.
40	40	Adult-entertainment establishments or interested persons that violate the
41	41	requirements or prohibitions of the bill are subject to a $10,000 forfeiture for each
42	42	day the adult-entertainment establishment or interested person is in violation.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 134.47 of the statutes is created to read:
46	46	134.47 Requirements for adult-entertainment establishments. (1)
47	47	DEFINITIONS. In this section:
48	48	(a) “Adult-entertainment establishment" means a commercial establishment,
49	49	business, or service that is distinguished by an emphasis on the offering of, or in
50	50	which the predominant business or attraction is the offering of, sexually oriented
51	51	material, devices, paraphernalia, or presentations or sexual activities, services,
52	52	exhibitions, or performances, but not including any of the following:
53	53	1. Health care facilities.
54	54	2. Institutions of higher education.
55	55	3. Nonprofit organizations.
56	56	4. Schools.
57	57	(b) “Disqualifying offense” means any of the following:
58	58	1. A criminal violation of subch. IV or V of ch. 944, subch. VI of ch. 946, or ch.
59	59	961.
60	60	2. A violation of s. 940.302 or 948.051 or another sex trafficking offense.
61	61	3. A criminal violation of ch. 948 that relates to sexual assault, sexual abuse,
62	62	or sexual exploitation of a child.
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83	83	SECTION 1
84	84	SENATE BILL 56
85	85	4. A violation of s. 940.32.
86	86	(c) “Employee” means an individual who performs a service on the premises of
87	87	an adult-entertainment establishment, including an individual who is an
88	88	independent contractor or agent but excluding an individual on the premises only for
89	89	repair or maintenance or for delivery of goods.
90	90	(d) “Interested person” means any of the following:
91	91	1. An individual who has the legal authority to manage or control operations
92	92	or policies of an adult-entertainment establishment.
93	93	2. An individual who holds a management position in an entity that has the
94	94	legal authority to manage or control operations or policies of an adult-entertainment
95	95	establishment.
96	96	3. A person that has a financial interest of at least 30 percent in an
97	97	adult-entertainment establishment.
98	98	(2) ESTABLISHMENT REQUIREMENTS. (a) An interested person at an
99	99	adult-entertainment establishment may not have been convicted of a disqualifying
100	100	offense.
101	101	(b) An interested person at an adult-entertainment establishment may not
102	102	have been an interested person at another adult-entertainment establishment that
103	103	was declared a public nuisance or that was subject to a penalty under sub. (4).
104	104	(c) An adult-entertainment establishment shall display the poster described
105	105	in s. 165.71 (1) and a poster distributed by the federal department of homeland
106	106	security that provides human trafficking information in a prominent location for
107	107	employees to view.
108	108	(d) An adult-entertainment establishment shall not employ an employee
109	109	under the age of 18.
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136	136	SECTION 1 SENATE BILL 56
137	137	(e) An adult-entertainment establishment shall not knowingly allow a
138	138	violation of s. 940.302 or 948.051 or another sex trafficking offense to occur on the
139	139	premises of the adult-entertainment establishment.
140	140	(f) An adult-entertainment establishment shall not knowingly allow a
141	141	violation of ch. 961 to occur on the premises of the adult-entertainment
142	142	establishment.
143	143	(g) An adult-entertainment establishment shall not knowingly allow a
144	144	violation of subch. V of ch. 944 to occur on the premises of the adult-entertainment
145	145	establishment.
146	146	(3) EMPLOYMENT RECORDS. (a) A law enforcement officer of a city, village, town,
147	147	or county in which an adult-entertainment establishment conducts business who
148	148	presents his or her credentials at the adult-entertainment establishment during
149	149	business hours may request that the adult-entertainment establishment furnish a
150	150	list of all of the adult-entertainment establishment's employees, including each
151	151	employee's full name and date of birth, and the adult-entertainment establishment's
152	152	interested persons. An adult-entertainment establishment shall comply with a
153	153	request under this paragraph by submitting to the requesting law enforcement
154	154	officer a list of all employees and interested persons of the adult-entertainment
155	155	establishment not later than the business day following the request.
156	156	(b) Notwithstanding s. 19.35 (1), a law enforcement officer or agency that
157	157	receives a list under par. (a) may disclose it only to another law enforcement officer
158	158	or agency.
159	159	(4) PENALTIES. (a) Any adult-entertainment establishment or interested
160	160	person violating sub. (2) or (3) shall be subject to a forfeiture not to exceed $10,000.
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187	187	SECTION 1
188	188	SENATE BILL 56
189	189	(b) Each act prohibited or required by sub. (2) or (3) constitutes a separate
190	190	violation.
191	191	(c) Each day on which an adult-entertainment establishment or interested
192	192	person knowingly violates sub. (2) or (3) constitutes a separate violation.
193	193	(END)
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