Chapter 5.04
ADULT-ORIENTED ESTABLISHMENTS
Sections:
5.04.020 Adult-oriented establishment license required.
5.04.040 License—Standards for issuance.
5.04.060 Restrictions on corporate licenses.
5.04.080 Operator responsibilities.
5.04.100 Suspension or revocation of license.
5.04.110 Physical layout of establishment.
5.04.120 Penalty for violation of this chapter.
5.04.010 Definitions.
The terms used in this chapter shall be defined as follows:
“Adult bookstore” means an establishment having as its stock in trade for sale, rent, lease, inspection or viewing books, films, video cassettes, magazines or other periodicals which have as their dominant theme or are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas and, in conjunction therewith, have facilities for the presentation of adult entertainment for observation by patrons.
“Adult cabaret” means an establishment which features topless dancers, strippers or similar entertainers.
“Adult entertainment” means any exhibition of any motion pictures, live performance, display or dance of any type which has as its dominant theme or is distinguished or characterized by an emphasis on any actual or simulated specified sexual activities, specified anatomical areas, the removal of articles of clothing or partial or total nude appearance.
“Adult mini-motion picture theater” means an enclosed building with a capacity of less than fifty (50) persons used for presenting material having as its dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
“Adult motion picture theater” means an enclosed building with a capacity of fifty (50) or more persons used for presenting material having as its dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
“Adult-oriented establishments” includes, but is not limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture establishments, adult cabarets and any premises to which public patrons or members are invited or admitted and which are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purposes of viewing adult entertainment, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.
“Operator” means any person, partnership, corporation or other organization operating, conducting, maintaining or owning any adult-oriented establishment.
“Person” means any natural person, sole proprietorship, partnership, corporation or association, excepting the United States of America, the state of Wisconsin and any political subdivision thereof.
“Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernible turgid state, even if opaquely covered.
“Specified sexual activities” means simulated or actual:
1. Showing of human genitals in a state of sexual stimulation or arousal;
2. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;
3. Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts. (Prior code § 9.36(1))
5.04.020 Adult-oriented establishment license required.
A. No person may engage in, conduct or carry on the operation or maintenance of an adult-oriented establishment without first obtaining a valid adult-oriented establishment license issued under this chapter.
B. A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person desiring to operate more than one adult-oriented establishment must have a license for each adult-oriented establishment.
C. All adult-oriented establishments existing at the time of the passage of this section must submit an application for a license within sixty (60) days of the passage of this section. (Prior code § 9.36(2))
5.04.030 License—Application.
A. Any person desiring an adult-oriented establishment license shall pay the required fee as specified in Section 3.24.050(A).
B. Any person desiring an adult-oriented establishment license shall file a written application with the clerk on a form provided by the clerk’s office. The information provided to the city clerk shall be provided under oath.
1. Corporations. If the applicant is a corporation, the name of the corporation shall be set forth exactly as set forth in its articles of incorporation, together with the date and state of incorporation, the names and residence addresses of each of its officers, directors and each stockholder holding five percent or more of the stock or beneficial ownership of the corporation. The application shall also be verified by an officer of the corporation.
2. Partnership. If the applicant is a partnership, the application shall set forth the name of the partnership, the name and residence address of each of the partners, including limited partners, and be verified by each partner. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate partner.
3. Others. If the applicant is neither a corporation nor a partnership, the application shall set forth the true full name and residence address of the applicant and be verified by the applicant. The application shall also include any other name by which the applicant has been known during the previous five years.
C. The application also shall set forth the proposed place of business of the adult-oriented establishment by business address, including suite number, and not by post office box, and shall contain a description of the nature and scope of the proposed business operation. In addition, the following information shall be furnished concerning the applicant if an individual; concerning each officer and director and all stockholders who own five percent or more of the stock or beneficial ownership if the applicant is a corporation; and concerning each partner, including limited partners, if the applicant is a partnership:
1. The previous residence address, if any, for a period of three years immediately prior to the date of application and the dates of such residence;
2. Written proof that the individual is at least eighteen (18) years of age;
3. A complete set of fingerprints;
4. The business, occupation or employment history for three years immediately preceding the date of application, including, but not limited to, whether such person previously operated under any permit or license in another city in this or another state and whether any such permit or license had ever been suspended or revoked;
5. All convictions in any state or federal court within the past five years, including municipal ordinance violations, exclusive of traffic violations, with a brief statement of the nature of the convictions and the jurisdiction in which the convictions occurred;
6. All pending criminal charges in any state or federal court, with a brief statement of the nature of the pending charges and the jurisdiction in which the charges are pending;
7. The names of persons who will have custody of the business records at the business location;
8. The name and address of the person who will be the agent for service of process.
D. The city clerk shall notify the chief of police, the chief of the fire department, the building inspector and the council or its designee of any adult-oriented establishment license application and these officials shall inspect or cause to be inspected each such application and the premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto. These officials shall furnish to the licensing committee, in writing, the information derived from such investigation and a statement as to whether the applicant and the premises meet the requirements of the department for whom the officer is certifying within ten days of receipt of notice from the city clerk. No license shall be renewed without a reinspection of the premises.
E. Within thirty (30) days of receiving an application for a license, the council shall grant or deny a license to the applicant upon a recommendation of the license committee. The city clerk shall notify the applicant whether the application is granted or denied.
F. Whenever an application is denied, the city clerk shall advise the applicant, in writing, of the reasons for such action. If the applicant requests a hearing within ten days of receipt of notification of denial, a public hearing shall be held within ten days thereafter before the council or its designee.
G. Failure or refusal of the applicant to give any information relevant to the application, failure or refusal to appear at any reasonable time and place for examination under oath regarding the application or refusal to submit to or cooperate with regard to any information required by this section shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial. (Ord. 2331-13 § 4(A), 2013; prior code § 9.36(3))
5.04.040 License—Standards for issuance.
The council shall issue an adult-oriented establishment license if, upon recommendation by the licensing committee, it finds that:
A. The required fee has been paid;
B. The application conforms in all respects to this section;
C. The applicant has not knowingly made a material misstatement in the application;
D. The applicant has fully cooperated in the investigation of his or her application;
E. The adult-oriented establishment, as proposed by the applicant, would comply with all applicable laws, including, but not limited to, the city’s building and zoning codes (see also Chapter 17.132);
F. The applicant has not had an adult-oriented establishment license or permit or other similar license or permit revoked or suspended in this state or any other state within three years prior to the date of application;
G. The applicant, if an individual, any of the stockholders holding five percent or more of the stock or beneficial ownership of the corporation, and any officers, agents or directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership, does not, at the time of application, have pending any criminal charge for, or within five years prior to the date of application has not been convicted of, any offense involving dishonesty, fraud, deceit, robbery, the use or threatened use of force or violence upon the person of another, or sexual immorality under Ch. 944, Wisconsin Statutes, as amended, or other offenses subject to Section 111.335, Wisconsin Statutes, as amended;
H. The applicant, if a corporation, is licensed to do business and is in good standing in the state;
I. All individual applicants; all stockholders holding five percent or more of the stock or beneficial ownership, directors and officers, if the applicant is a corporation; and all partners, including limited partners, if the applicant is a partnership, are at least eighteen (18) years of age. (Prior code § 9.36(4))
5.04.050 Display of license.
The adult-oriented establishment license shall be displayed in a conspicuous public place in the adult-oriented establishment. (Prior code § 9.36(5))
5.04.060 Restrictions on corporate licenses.
Any corporation holding an adult-oriented establishment license under this section shall report to the city clerk, in writing, within fifteen (15) days of the event described herein, any of the following:
A. Any change of officers of the corporation;
B. Any change in the membership of the board of directors of the corporation. (Prior code § 9.36(6))
5.04.070 Sale or transfer.
Upon the sale or transfer of any interest in an adult-oriented establishment, the license shall be void. Any person desiring to continue to operate an adult-oriented establishment following sale or transfer shall apply for a license. (Prior code § 9.36(7))
5.04.080 Operator responsibilities.
A. Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator or as a result of the operator’s negligent failure to supervise the employee’s conduct. The operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
B. Any act or omission of any employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator for purposes of determining whether the operator’s license shall be revoked, suspended or renewed.
C. No employees of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or to allow any minor to view adult entertainment.
D. The operator shall maintain the adult-oriented establishment in a clean and sanitary manner at all times.
E. The operator shall maintain at least ten footcandles of light in the public portions of the adult-oriented establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles, provided, however, at no time shall there be less than one footcandle of illumination in said aisles, as measured from the floor.
F. The operator shall insure compliance of the adult-oriented establishment and its patrons with the provisions of this chapter.
G. No person licensed as an adult-oriented establishment may, in any manner, advertise its services as licensed by the city. (Prior code § 9.36(8))
5.04.090 Renewal of license.
A. Every license issued pursuant to this chapter will terminate at the expiration of one year from date of issuance unless sooner revoked and must be renewed before operation is allowed in the following year. All applications for the renewal of adult-oriented establishment licenses issued by the city shall be filed with the city clerk’s office on a form to be provided by the clerk no later than sixty (60) days prior to the expiration of the license. The renewal application shall contain such information and data, given under oath or affirmation, as is required for an application for a new license. Applications to renew licenses shall be processed by the city in the same fashion as new applications.
B. A license renewal fee as specified in Section 3.24.050(A) shall be submitted with the renewal application. In addition to the renewal fee, a late penalty as specified in Section 3.24.050(A) shall be assessed against any applicant who files for renewal less than sixty (60) days before the license expires. If the application is denied, one-half of the total fees collected shall be returned. (Ord. 2331-13 § 4(B), 2013; prior code § 9.36(9))
5.04.100 Suspension or revocation of license.
A. Any adult-oriented establishment license may be suspended for not more than ninety (90) days or revoked by the council for any of the following reasons:
1. Any of the grounds that would warrant the denial of the original application for the license;
2. Discovery that false or misleading information or data was given on any application or material facts were omitted from any application;
3. The operator or any employee of the operator violates any provision of this chapter or any rules or regulations adopted by the council pursuant to this chapter; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of thirty (30) days if the council shall find that the operator had no actual or constructive knowledge of such violation and could not, by the exercise of due diligence, have had such actual or constructive knowledge;
4. The operator becomes ineligible to obtain a license or permit;
5. Any cost or fee required to be paid by this section is not paid;
6. Any intoxicating liquor or fermented malt beverage is served or consumed on the premises of the adult-oriented establishment.
B. An adult-oriented establishment license may be suspended or revoked after notice and hearing before the licensing committee to determine if grounds for such suspension or revocation exist. Notice of the hearing shall be in writing and may be served by certified mail addressed to the licensee at the current address of the licensee on file with the city clerk’s office. The notice shall be served at least ten days prior to the date of hearing. The notice shall state the grounds of the complaint against the licensee and shall designate the time and place where the hearing will be held.
C. Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult-oriented establishment for six months from the date of revocation of the license. (Prior code § 9.36(10))
5.04.110 Physical layout of establishment.
Any adult-oriented establishment having available for customers, patrons or members, any booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements:
A. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult-oriented establishment and shall be unobstructed by any door, lock or other control-type devices.
B. Every booth, room or cubicle shall meet the following construction requirements:
1. Each booth, room or cubicle shall be separated from adjacent booths, rooms or cubicles and any nonpublic areas by a wall;
2. They shall have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying the same;
3. All walls shall be solid and without any openings, extended from the floor to a height of not less than six feet and be light colored, nonabsorbent, smooth textured and easily cleanable;
4. The floor must be light colored, nonabsorbent, smooth textured and easily cleanable;
5. The lighting level of each booth, room or cubicle, when not in use, shall be a minimum of ten footcandles at all times, as measured from the floor.
C. Only one individual shall occupy a booth, room or cubicle at any time. No occupant shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth. (Prior code § 9.36(11))
5.04.120 Penalty for violation of this chapter.
Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2552-19 § 11, 2019: Prior code § 9.36(12))