Chapter 5.10
ADULT-ORIENTED ESTABLISHMENTS
Sections:
5.10.020 License requirements.
5.10.030 Application for license.
5.10.040 Standards for issuance of license.
5.10.060 Display of license or permit.
5.10.070 Renewal of license or permit.
5.10.080 Revocation of license.
5.10.090 Physical layout of adult-oriented establishment.
5.10.110 Responsibilities of the operator.
5.10.120 Administrative procedure and review.
5.10.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“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 are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section and in conjunction therewith have facilities for the presentation of adult entertainment as defined in this section, including adult-oriented films, movies or live performances for observation by patrons therein.
“Adult cabaret” means a cabaret which features topless or bottomless dancers, strippers, male or female impersonators 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 or specified anatomical areas, as defined in this section, or the removal of articles of clothing or appearing partially or totally nude.
“Adult mini-motion picture theater” means an enclosed building with a capacity of less than 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 as defined in this section for observation by patrons therein.
“Adult motion picture theater” means an enclosed building with a capacity of 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 as defined in this section for observation by patrons therein.
“Adult-oriented establishment” means, but is not limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture establishments or adult cabarets and further means 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 purpose of viewing adult-oriented motion pictures or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.
“Operator” means any person, partnership or corporation operating, conducting, maintaining or owning any adult-oriented establishment.
“Specified anatomical areas” means:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks or 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, simulated or actual” means:
(1) Showing of human genitals in a state of sexual stimulation or arousal.
(2) Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio or cunnilingus.
(3) Fondling or erotic touching of human genitals, pubic region, buttock or female breast. [Code 2002 § 14-31.]
5.10.020 License requirements.
(a) Except as provided in subsection (d) of this section, from and after the effective date of the ordinance from which this chapter is derived, no adult-oriented establishment shall be operated or maintained in the town without first obtaining a license to operate issued by the town.
(b) A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person who desires to operate more than one adult-oriented establishment must have a license for each establishment.
(c) No license or interest in a license may be assigned or transferred by the holder thereof to any person.
(d) The operator of an adult-oriented establishment existing at the time of the passage of the ordinance from which this chapter is derived must submit an application for a license within 90 days of the passage of such ordinance. If an application is not received within such 90-day period, then such existing adult-oriented establishment shall cease operations. [Code 2002 § 14-32.]
5.10.030 Application for license.
(a) Any person desiring to secure a license shall make application to the town clerk. The application shall be filed in triplicate with and dated by the town clerk.
(b) The application for a license shall be upon a form provided by the town clerk. An applicant for a license, who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:
(1) Name and address.
(2) Written proof that the individual is at least 18 years of age.
(3) The address of the adult-oriented establishment to be operated by the applicant.
(4) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent, the name and address of all shareholders owning more than five percent of the stock in such corporation and all officers and directors of the corporation.
(c) Within four days of receiving an application for a license, the town clerk shall refer the matter to the town board for action.
(d) The town board shall act on the application within 30 days of its filing with the town clerk to approve or disapprove the application.
(e) Within three days of town board action, the town clerk shall notify the applicant whether the application is granted or denied.
(f) Whenever an application is denied, the town clerk shall advise the applicant in writing of the reasons for such action. The applicant may request administrative review of the denial under the provisions of Wis. Stats. Ch. 68 (Wis. Stats. Section 68.01 et seq.).
(g) Failure or refusal of the applicant to give any information relevant to the investigation of the application, applicant’s refusal or failure to appear at any reasonable time and place for examination under oath regarding such application or applicant’s refusal to submit to or cooperate with any investigation required by this chapter shall constitute an admission by the applicant that he is ineligible for such license and shall be grounds for denial thereof by the town board. [Code 2002 § 14-33.]
5.10.040 Standards for issuance of license.
(a) To receive a license to operate an adult-oriented establishment, an applicant must meet the following standards:
(1) If the applicant is an individual:
(i) The applicant shall be at least 18 years of age.
(ii) The applicant shall not have been convicted of violating this chapter within five years immediately preceding the date of the application.
(2) If the applicant is a corporation:
(i) All officers, directors and shareholders required to be named under subsection (a)(3)(ii) of this section shall be at least 18 years of age.
(ii) No officer, director or shareholder required to be named under subsection (a)(3)(ii) of this section shall have been convicted of violating this chapter within five years immediately preceding the date of the application.
(3) If the applicant is a partnership, joint venture or any other type of organization where two or more persons have a financial interest:
(i) All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age.
(ii) No person having a financial interest in the partnership, joint venture or other type of organization shall have been convicted of violating this chapter or an ordinance of a similar nature of another municipality within five years immediately preceding the date of the application.
(b) No license shall be issued for any adult-oriented establishment which is licensed for the sale at retail of intoxicating liquor, wine or fermented malt beverages for consumption on the premises. [Code 2002 § 14-34.]
5.10.050 Fees.
A license fee shall be determined by the town board by resolution. If the application is denied, one-half of the fee shall be returned. [Ord. dated 8/19/2014 § 1. Code 2002 § 14-35.]
5.10.060 Display of license or permit.
The license shall be displayed in a conspicuous public place in the adult-oriented establishment. [Code 2002 § 14-36.]
5.10.070 Renewal of license or permit.
(a) Every license issued pursuant to this chapter will terminate on June 30th next following the date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the town clerk. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the town clerk. The application for renewal shall be upon a form provided by the town clerk and shall contain such information and data given under oath or affirmation as is required for an application for a new license. The same procedure shall be followed as for an original license application.
(b) A license renewal fee of $250.00 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100.00 shall be assessed against the applicant who files for a renewal less than 60 days before the license expires. If the application is denied, one-half of the total fees collected shall be returned. [Code 2002 § 14-37.]
5.10.080 Revocation of license.
(a) The town board shall revoke a license or permit for any of the following reasons:
(1) False or misleading information or data was given on any application or material facts were omitted from any application.
(2) The operator or any employee of the operator violates any provision of this chapter or any rule or regulation adopted by the town board 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 30 days if the town board 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.
(3) The operator becomes ineligible to obtain a license or permit.
(4) Any cost or fee required to be paid by this chapter is not paid.
(5) Any intoxicating liquor, wine or fermented malt beverage is served or consumed on the premises of the adult-oriented establishment on the day of a performance.
(b) The town board, before revoking or suspending any license or permit, shall give the operator at least 10 days’ written notice of the charges against him and the opportunity for a public hearing before the town board as provided in this chapter.
(c) The assignment or transfer of a license or any interest in a license shall automatically and immediately revoke the license.
(d) 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. [Code 2002 § 14-38.]
5.10.090 Physical layout of adult-oriented 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) Access. 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) Construction. Every booth, room or cubicle shall meet the following construction requirements:
(1) Each booth, room or cubicle shall be separated from the adjacent booths, rooms and cubicles and any nonpublic areas by a wall.
(2) 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 booth, room or cubicle.
(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 10 foot-candles at all times as measured from the floor.
(c) Occupants. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of a booth, room or cubicle 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. [Code 2002 § 14-39.]
5.10.100 Regulations.
(a) No adult-oriented establishment may remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekends and Saturdays, and 1:00 a.m. and 12:00 p.m. on Sundays.
(b) No employee of an adult-oriented establishment shall solicit any pay or gratuity from any patron or customer nor shall any patron or customer pay or give any gratuity to any employee in an adult-oriented establishment.
(c) No employee of an adult-oriented establishment shall touch a patron or customer nor the clothing of a patron or customer.
(d) No employee of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or allow any minor to view adult entertainment as defined in this chapter. [Code 2002 § 14-40.]
5.10.110 Responsibilities of the operator.
(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, and 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 chapter 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 employee of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or allow any minor to view adult entertainment as defined in this chapter.
(d) The operator shall maintain the premises in a clean and sanitary manner at all times.
(e) The operator shall maintain at least 10 foot-candles of light in the public portions of the 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 foot-candle of illumination in such aisles as measured from the floor.
(f) The operator shall ensure compliance of the establishment and its patrons with the provisions of this chapter.
(g) No alcoholic beverages shall be consumed on the licensed premises on the day of any performance governed under this chapter. [Code 2002 § 14-41.]
5.10.120 Administrative procedure and review.
Wis. Stats. Ch. 68 (Wis. Stats. Section 68.01 et seq.) shall govern the administrative procedure and review regarding the granting, denial, renewal, nonrenewal, revocation or suspension of a license. [Code 2002 § 14-42.]
5.10.130 Exclusions.
Any private or public school as defined in Wis. Stats. Ch. 115 (Wis. Stats. Section 115.01 et seq.) located within the town is exempt from obtaining a license under this chapter when instructing pupils in sex education as part of its curriculum. [Code 2002 § 14-43.]
5.10.140 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase of this chapter. The town board hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional. [Code 2002 § 14-44.]
5.10.150 Violation – Penalty.
Any person who violates any provision of this chapter shall, upon conviction thereof, forfeit not more than $1,000 and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense. [Code 2002 § 14-45.]
5.10.160 Enforcement.
The town chairman and town constable, if any, shall be responsible for the enforcement of this chapter. [Code 2002 § 14-46.]