It is the purpose of this article to regulate adult-oriented
establishment businesses (hereinafter referred to as "adult-oriented
establishments") to promote the health, safety, morals, and the general
welfare of the citizens of the Village of Randolph, to aid in the
alleviation and prevention of the adverse and deleterious effects
of criminal activity and disruption of the public peace associated
with such establishments, and to establish reasonable and uniform
regulations to prevent the serious health hazards associated with
unsafe and unsanitary conditions known to exist in those establishments
and to alleviate the spread of sexually transmitted diseases and other
contagious diseases in those establishments.
A nonrefundable adult-oriented establishment license application
fee as set by the Village Board shall be submitted with the application
for a license.
The adult-oriented establishment license shall be displayed
in a conspicuous public place in the adult-oriented establishment.
Whenever an initial application is denied, the Village Clerk-Treasurer
shall, within 14 days of the denial, advise the applicant in writing
of the reasons for such action. If the applicant requests a hearing
within 10 days of receipt of notification of denial, a public hearing
shall be held at the next regularly scheduled meeting of the Village
Board.
Any adult-oriented establishment having available for customers,
patrons or members any booth, room, or cubicle for the private viewing
of any motion picture, videotape or compact disc in which a significant
or substantial portion of the material presented is distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas
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 adjacent booths,
rooms, cubicles and any nonpublic areas by a wall.
(2) Each booth, room or cubicle 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 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 10 footcandles 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 same shall engage in any type of specified
sexual activity, cause any bodily discharge or litter while in the
booth. No person shall alter, damage or deface any portion of any
such booth, room or cubicle in such a manner that it no longer complies
with the provisions of this section.
All private schools and public schools, as defined in Ch. 115,
Wis. Stats., located within the Village are exempt from obtaining
a license hereunder when instructing pupils in sex education as part
of its curriculum.
In addition to any other actions allowed by law or taken by
the Village Board, including the action of license revocation, suspension
or nonrenewal, anyone who violates any of the provisions of this article
shall forfeit not less than $250 but not more than $1,000 for each
and every offense, together with the costs of prosecution. If such
forfeiture and costs are not paid, such person so convicted shall
be subject to any civil penalties or other penalties available by
law.