[HISTORY: Adopted by the Common Council of the City of Markesan
by Ord. No. 188 (Ch. 12, Sec. 12.13, of the 1991 Municipal Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 400.
A.
It is the purpose of this chapter to regulate sexually oriented adult
entertainment establishment businesses, hereinafter referred to as
"adult-oriented establishments," to promote the health, safety, morals
and general welfare of the citizens of the City to prevent the location
and concentration of sexually oriented businesses within the City,
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.
B.
Based on evidence concerning the adverse secondary effects of adult
uses on the community presented in hearings and in reports made available
to the City and on findings incorporated in the cases of City of Renton
v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American
Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc.,
501 U.S. 560 (1991), and on studies in other communities including,
but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston,
Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, Oklahoma;
Cleveland, Ohio; and Beaumont, Texas, and also on findings from the
Report of the Attorney General's Working Group on the Regulation
of Sexually Oriented Businesses (June 6, 1989, State of Minnesota),
the Common Council finds the following:
(1)
Sexually oriented establishments lend themselves to ancillary unlawful
and unhealthy activities. There is presently no mechanism to make
the owners of these establishments responsible for the activities
that occur on their premises.
(2)
Certain employees of sexually oriented establishments defined in
this section as adult theaters and cabarets engage in higher incidence
of certain types of illicit sexual behavior than employees of other
establishments.
(3)
Sexual acts, including masturbation, and oral and anal sex, occur
at sexually oriented establishments, especially those which provide
private or semiprivate booths or cubicles for viewing films, videos
or live sex shows.
(4)
Offering and providing such space encourages such activities which
creates unhealthy conditions.
(5)
Persons frequent certain adult theaters, adult arcades and other
sexually oriented establishments for the purpose of engaging in sex
within the premises of such establishments.
(6)
At least 50 communicable diseases may be spread by activities occurring
in sexually oriented establishments, including, but not limited to,
syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS),
genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections
and shigella infections.
(7)
Since 1981 and to the present, there has been an increasing cumulative
number of reported cases of AIDS caused by the human immunodeficiency
virus (HIV) in the United States.
(8)
The number of cases of early (less than one year) syphilis in the
United States reported annually has risen.
(9)
The number of cases of gonorrhea in the United States reported annually
remains at a high level.
(10)
The surgeon general of the United States, in his report of October
22, 1986, has advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug abuse,
exposure to infected blood and blood components, and from an infected
mother to her newborn.
(11)
According to the best scientific evidence, AIDS and HIV infection,
as well as syphilis and gonorrhea, are principally transmitted by
sexual acts.
(12)
Sanitary conditions in some sexually oriented establishments
are unhealthy, in part, because the activities conducted there are
unhealthy and, in part, because of the unregulated nature of the activities
and the failure of the owners and the operators of the facilities
to self-regulate those activities and maintain those facilities.
(13)
Numerous studies and reports have determined that semen is found
in the areas of sexually oriented establishments where persons view
adult-oriented films.
(15)
Sexually oriented establishments have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(16)
A reasonable licensing procedure is an appropriate mechanism
to place the burden of that reasonable regulation on the owners and
the operators of the sexually oriented establishments. Further, such
a licensing procedure will place a heretofore nonexistent incentive
on the operators to see that the sexually oriented establishments
is run in a manner consistent with the health, safety and welfare
of its patrons and employees as well as the citizens of the City.
It is appropriate to require reasonable assurances that the licensee
is the actual operator of the sexually oriented establishment, fully
in possession and control of the premises and activities occurring
therein.
(17)
Removal of doors on adult booths and requiring sufficient lighting
on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters.
(18)
Requiring licenses of sexually oriented establishments to keep
information regarding current employees and certain past employees
will help reduce the incidence of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects
and by preventing minors from working in such establishments.
(19)
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented establishment, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases.
(20)
It is desirable in the prevention of the spread of communicable
diseases to obtain a limited amount of information regarding certain
employees who may engage in the conduct which this section is designated
to prevent or who are likely to be witnesses to such activity.
(21)
The fact that an applicant for an adult use license has been
convicted of a sexually related crime leads to the rational assumption
that the applicant may engage in that conduct in contravention of
this section.
(22)
The barring of such individuals from the management of adult
uses for a period of years serves as a deterrent to and prevents conduct
which leads to the transmission of sexually transmitted diseases.
(23)
The general welfare, health, morals and safety of the citizens
of the City will be promoted by the enactment of this section.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment or business which provides the service of
baths of all kinds, including all forms and methods of hydrotherapy,
that is not operated by a medical practitioner or a professional physical
therapist licensed by the state and which establishment provides to
its patrons an opportunity for engaging in "specified sexual activities,"
as defined herein.
An establishment or business where patrons are afforded an
opportunity to paint images on a body which is wholly or partially
nude. For purposes of this section, "adult body painting studio" shall
not be deemed to include a tattoo parlor.
Includes, but shall not be limited to, an establishment having
as a substantial or significant portion of its stock and trade in
books, magazines and other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing or
relating to specified anatomical areas or specified sexual activities.
An "adult bookstore" shall also include, but not be limited to, establishments
which have a facility or facilities, including, but not limited to,
booths, cubicles, rooms or stalls, for the presentation of "adult
entertainment," as defined herein, including adult-oriented films,
movies or live performances for observation by patrons therein or
which, as part of its regular and substantial course of conduct, offers
for sale, rent, trade, lease, inspection or viewing books, films,
videocassettes, magazines or other periodicals, which are distinguished
or characterized by their emphasis on matters depicting, describing
or relating to "adult entertainment," as defined herein.
A cabaret which features male or female impersonators or
similar entertainers.
Any exhibition of any motion pictures, live performance,
display or dance of any type which has as a significant or substantial
portion of such performance based on or is distinguished or characterized
by an emphasis on sex and/or sexual gratification, or any actual or
simulated performance of "specified sexual activities," or exhibition
and viewing of "specified anatomical areas," as defined herein, appearing
unclothed, or the removal of articles of clothing to reveal specified
anatomical areas.
An enclosed building with a capacity of 50 or less persons
at 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 anatomical areas" or "specified
sexual activities," as defined herein, for observation by patrons
therein.
An establishment or business which provides the services
of modeling for the purpose of reproducing the human body wholly or
partially nude by means of photography, painting, sketching, drawing
or otherwise.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of "specified
anatomical areas" or "specified sexual activities," as defined herein,
and has a sign visible from the public right-of-right which advertises
the availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Permits a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
An enclosed building with a capacity of more than 50 persons
at 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 anatomical areas" or "specified
sexual activities," as defined herein, for observation by patrons
therein.
A parcel of land from which individuals may view a motion
picture presented out of doors which presents material distinguishably
characterized by an emphasis on matter depicting, describing or relating
to "specified anatomical areas" or "specified sexual activities,"
as defined herein.
An establishment or business having as a substantial or significant
portion of its stock and trade in novelty or other items which are
distinguished or characterized by their emphasis on "specified anatomical
areas" or designed for "specified sexual activities," as defined herein.
Includes, but is not limited to, adult bookstores, adult
motion picture theaters (indoor or outdoor), adult mini-motion picture
theaters, adult motels, adult novelty shops, adult cabarets, adult
bath houses, adult modeling studios, adult body painting studios,
and further means any premises to which public patrons or members
are regularly invited, admitted and/or permitted to view adult entertainment,
whether or not such entertainment is held, conducted, operated or
maintained for profit, direct or indirect. An "adult-oriented establishment"
further includes, without being limited to, any adult entertainment
studio or any premises that is physically arranged and used as such,
whether advertised or represented as an adult entertainment studio,
rap studio, exotic dance studio, encounter studio, sensitivity studio,
modeling studio or any other term of like import.
Such enclosures as are specifically offered to the public or members of an "adult-oriented establishment" for hire or for a fee as part of a business operated on the premises which offers as part of its business the entertainment to be viewed within the enclosures which shall include, without limitation, such enclosures wherein the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. However, "booth," "room," or "cubicle" does not mean such enclosures that are private offices used by the owners, managers or persons employed on the premises for attending to the tasks of their employment which enclosures are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing entertainment for a fee and are not open to any persons other than employees, nor shall this definition apply to hotels, motels and other similar establishments licensed by the state pursuant to Ch. 50, Wis. Stats.
A building, whether situated within the City or not, in which
persons regularly assemble for religious worship intended primarily
for purpose connected with such worship or for propagating a particular
form of religious belief.
Any person who:
Is permitted to enter an adult-oriented establishment in return
for the payment of an admission fee or any other form of consideration
or gratuity;
Enters an adult-oriented establishment and purchases, rents
or otherwise partakes of any merchandise, goods, entertainment or
other services offered therein; or
Is a member of and on the premises of an adult-oriented establishment
operating as a private club.
A facility licensed by the state, pursuant to § 48.65,
Wis. Stats., whether situated within the City or not.
Any and all persons, including independent contractors, who
work in or at or render any services directly related to the operation
of an adult-oriented establishment.
Any person who provides entertainment within an adult-oriented
establishment, as defined herein, whether or not a fee is charged
or accepted for entertainment and whether or not entertainment is
provided as employee or independent contractor.
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
Residential means pertaining to the use of land, whether
situated within the county or not, for premises such as homes, townhouses,
duplexes, condominiums, apartments and mobile homes, which contain
habitable rooms for nontransient occupancy and which are designed
primarily for living, sleeping, cooking and eating therein. A premises
which is designed primarily for living, sleeping, working and eating
therein shall be deemed to be residential in character unless it is
actually occupied and used exclusively for other purposes. Hotels,
motels, boardinghouses, nursing homes and hospitals shall not be considered
to be residential.
A building, whether situated within the City or not, where
persons regularly assemble for the purpose of instruction or education,
together with the playgrounds, stadiums and other structures or grounds
used in conjunction therewith. The term is limited to:
Public and private schools used for primary or secondary education
in which any regular kindergarten or grades one through 12 classes
are taught.
Special educational facilities in which students who have physical
or learning disabilities receive specialized education in lieu of
attending regular classes in kindergarten or any of grades one through
12.
Showing of human genitals in a state of sexual stimulation or
arousal.
Acts of human masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breasts.
As used in various definitions, shall mean 50% or more of
a business stock-in-trade, display space, floor space or retail sales
in any one month during the license year.
A.
Except as provided in Subsection D below, from and after the effective date of this chapter, no adult-oriented establishment shall be operated or maintained within the corporate limits of the City without obtaining a license to operate issued by the City.
B.
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place. Any person, partnership or corporation
which desires to operate more than one adult-oriented establishment
shall have a separate license for each.
C.
No license or interest in a license may be transferred to any person,
partnership or corporation.
D.
All adult-oriented establishments existing at the time of the passage
of this chapter need not immediately obtain a license, but shall submit
an application for a license within 90 days of the passage of this
chapter. If an application is not received within said ninety-day
period, such existing adult establishment shall cease operations.
An adult-oriented establishment shall be deemed to be existing at
the time of the passage of this chapter if it fell within the definition
of such term at any point during the thirty-day period prior to the
passage of this chapter, and intends to continue adult-oriented operations
beyond the date of the passage of this chapter.
A.
License procedure. Any person, partnership or corporation desiring
to secure a license shall make application to the Clerk-Treasurer.
The application shall be filed in triplicate. A copy of the application
shall be distributed within 10 days of receipt thereof to the Police
Chief, Building Inspector and Zoning Administrator.
[Amended 4-14-2015 by Ord. No. 233]
B.
The application for a license shall be upon a form approved by the
Clerk-Treasurer. All such licenses shall specify the nature of the
holder and the license and the dates for which it is applicable as
well as any conditions that may be imposed by the City. An applicant
for a license, which shall include all partners or limited partners
of a partnership applicant, all officers or directors of a corporate
applicant, all members of a limited liability company applicant, and
any other person who is interested directly in the ownership or operation
of the business, shall furnish the following information under oath:
(1)
Name and address, including all aliases.
(2)
Written proof that the individual is at least 18 years of age.
(3)
All residential addresses of the applicant for the past 10 years.
(4)
The business, occupation or employment of the applicant for the 10
years immediately preceding the date of application.
(5)
Whether the applicant previously operated in this or any county or
City under an adult-oriented establishment license or similar business
license, whether the applicant has ever had such license revoked or
suspended and the reason therefor, and the business entity or trade
name under which the applicant operated that was subject to the suspension
or revocation.
(6)
All criminal convictions, whether federal or state, or county ordinance
violation convictions, forfeiture of bond and pleadings of nolo contendere
on all charges, except minor traffic violations.
(7)
Fingerprints and two portrait photographs at least two inches by
two inches of the applicant. Each applicant shall make arrangements
to provide fingerprints in person at the Department and pay all costs
or fees as may be charged by the Department. The required photograph
may also be taken through the Police Department, although not necessary,
provided the applicant pays all costs or fees as may be charged by
the Department.
(8)
The address of the adult-oriented establishment to be operated by
the applicant.
(9)
If the applicant is a corporation or limited liability company, the
application shall specify the name of the corporation or limited liability
company, the date and state of incorporation or organization, the
name and address of the registered or principal agent, and all officers,
directors or managing members of the corporation or limited liability
company.
A.
General requirements. To receive a license to operate an adult-oriented establishment, each person required to be named for the adult-oriented establishment under § 101-4B above shall meet the following standards:
(1)
The person shall be at least 18 years of age.
(2)
Subject to Ch. 111, Wis. Stats., the person shall not have been convicted
of or pleaded nolo contendere to a felony or any crime or ordinance
involving moral turpitude, prostitution, obscenity or other crime
of a sexual nature in any jurisdiction within five years immediately
preceding the date of the application.
(3)
The person shall not have been found to have previously violated
this chapter within five years immediately preceding the date of the
application.
B.
No license shall be issued unless the Police Department has investigated
the application's qualifications to be licensed. The results
of that investigation shall be filed in writing with the Clerk-Treasurer
no later than 14 days after the date of the application.
C.
The Building Inspector, County Health Department, and Zoning Administrator
shall inspect the premises proposed to be licensed to verify compliance
with their respective codes and shall report compliance findings to
the Clerk-Treasurer within 14 days of the date of application. No
license may be issued hereunder unless the premises is approved by
the above inspection authorities.
[Amended 4-14-2015 by Ord. No. 233]
D.
No license shall be issued unless the applicant provides proof of
one of the following:
(1)
Ownership of a properly zoned building or parcel of real property
upon which a building can be constructed. Proper zoning includes permissible
nonconforming use status.
(2)
A lease on a building which is properly zoned to house the venture.
Proper zoning includes permissible nonconforming use status.
(3)
An option to purchase property which is properly zoned for the venture.
Proper zoning includes permissible nonconforming use status.
(4)
An option to lease property which is properly zoned for the venture.
Proper zoning includes permissible nonconforming use status.
E.
No license shall be granted for operation on any premises or with
any equipment for which taxes, assessments, forfeitures or other financial
claims of the City are delinquent or unpaid.
F.
No more than two annual licenses, issued under this section, shall
be issued to license holders within the City limits at one time.
[Amended 4-14-2015 by Ord. No. 233]
A license application shall be accompanied by a fee which is
established by the Common Council by resolution. If for any reason
the license is denied, one-half of the application fee shall be returned
to the applicant. If the license is granted, the City will retain
the entire fee.
The license shall be displayed in a conspicuous public place
in the adult-oriented establishment.
A.
Every license issued pursuant to this chapter shall terminate on
December 31 of the year it is issued unless sooner revoked, and shall
be renewed before operation is permitted in the following year. Any
operator desiring to renew a license shall make application to the
Clerk-Treasurer. The application for renewal shall be filed not later
than 60 days before the license expires. The application for renewal
shall be filed in triplicate. The renewal application shall be distributed
to the same inspection authorities and subject to the same background
check and building inspection requirements as for an application for
a new license. The application for renewal shall be upon a form provided
by the Clerk-Treasurer and shall contain such information and data,
given under oath or affirmation, as is required for an application
for a new license.
B.
A license renewal fee, which is established by the Common Council
by resolution, shall be submitted with the application for renewal.
If for any reason the license renewal is denied, one-half of the application
fee shall be returned to the applicant. If the license renewal is
granted, the City shall retain the entire fee.
[Amended 4-14-2015 by Ord. No. 233]
A.
Opportunity shall be given by the Common Council to any person to
be heard for or against the granting of any license hereunder. Only
upon the approval of the applicant by the Common Council, the Clerk-Treasurer
shall issue the license to the applicant.
B.
If the Common Council denies the initial application, the Clerk-Treasurer
shall, within 14 days of the denial, send notice to the applicant
in writing stating the reasons for such action. The notice shall also
inform the applicant of the opportunity to appear before the Common
Council and to provide evidence as to why the denial should be reversed.
In addition, the notice shall inform the applicant that the reconsideration
of the application shall be held in closed session, pursuant to § 19.85(1)(a),
Wis. Stats., unless the applicant requests such reconsideration be
held in open session and the Common Council consents to the request.
If the applicant requests a hearing within 10 days of receipt of the
notice of denial, the hearing before the Common Council shall occur
at its next regularly scheduled meeting.
C.
Failure or refusal of the applicant to give any information relevant
to the investigation of the application or his refusal or failure
to appear at any reasonable time and place for examination under oath
regarding said application or his refusal to submit to or cooperate
with the investigation required by this section shall constitute an
admission by the applicant that he is ineligible for such license
and shall be grounds for denial thereof by the Clerk-Treasurer.
D.
No application for any license hereunder which has been denied by
the Common Council for any reason shall again be considered by the
Common Council for a period of three months from the date of such
denial.
Any adult establishment having opened for customers, patrons
or members any booth, room or cubicle for the private viewing of any
sexually oriented adult establishment shall 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 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, 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 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 shall be light colored, nonabsorbent, smooth textured and
easily cleanable.
(5)
The lighting level of each booth, room or cubicle, when 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 of the same shall engage in any type of sexual activity,
cause any bodily discharge or litter while in the booth, room or cubicle.
No individual shall damage or deface any portion of the booth, room
or cubicle.
D.
No dancer, performer or any individual who is performing, singing
or dancing shall have either direct or indirect physical contact with
any patron.
E.
While dancing or other performance is in progress, the establishment
shall be adequately illuminated so as to permit safe ingress to and
egress from the premises.
F.
Good order shall be maintained at all times. Without limitation due
to enumeration, a lack of "good order" for purposes of this section
shall be deemed to include persistent loud noises to the annoyance
or detriment of surrounding property owners, patrons urinating in
public, profane language and/or fighting.
G.
Music and other entertainment which is amplified inside shall cease
no later than 2:00 a.m.
H.
The license holder shall insure that building capacity limits are
set so that the appropriate fire inspection and/or building inspection
authority is complied with at all times.
I.
The license holder shall comply with the applicable state statutes and regulations and all county and City ordinances, including, but not limited to, the totally nude dancing restrictions for certain liquor-licensed establishments set forth in § 200-16, Nude dancing in licensed establishments, of the Code of the City of Markesan.
J.
The management and employees of all license holders shall obey all
reasonable orders and directions of any law enforcement officer.
K.
The performance of any dance by performers under the auspices of
the management shall be given only on a raised portion of the floor
separated by a railing or other device from the patrons so as to deter
patrons from participating in the dance.
L.
It is forbidden by this section to perform live acts or simulated
acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation or any sexual acts which are prohibited by
law on the premises so licensed.
M.
The actual live touching, caressing or fondling of the breasts, butt
cheeks, anus or genitals is prohibited.
N.
The actual live use of simulated sexual organs during dance or performances
is prohibited.
O.
Entertainers or dancers are prohibited from soliciting or serving
drinks or food while performing.
P.
No person who serves beverages or food may be nude or unclothed,
which means the showing of specified anatomical areas as defined herein.
Q.
No customer may pay a gratuity or consideration to an entertainer
or dancer while performing whereby the gratuity or consideration or
any part of the customer's body or clothing or any device held
or controlled by the customer comes into contact with the entertainer's
or dancer's body, clothing or any device held or controlled by
the entertainer or dancer.
R.
No license holder shall permit any amateur dancing, obscene entertainment
or performances on the license holder's premises in violation
of this section or any applicable state and federal laws.
S.
No adult-oriented establishment licensed under this chapter shall
be located within 750 feet of any residential area or zoned residential
district, church, school, day-care center, public park or other adult-oriented
establishment licensed under this chapter. For the purpose of this
subsection, measurement shall be made in a straight line, without
regard to the intervening structures or objects, from the nearest
portion of the building or structure used as the part of the premises
where a sexually oriented business is conducted to the nearest property
line of the premises of a use listed herein or to the nearest portion
of the building or structure used as the part of the premises where
another sexually oriented business is conducted, whichever is applicable.
Presence of a City, county or other political subdivision boundary
shall be irrelevant for purposes of calculating and applying the distance
requirements of this subsection.
A.
An operator licensed under this chapter shall maintain a register
of all employees, showing the name and aliases used by the employee,
home address, birth date, sex, telephone numbers, social security
number, and date of employment and termination. The above information
on each employee shall be maintained in the register on the premises
for a period of three years following termination of the employee.
B.
The operator shall make the register of employees available immediately
for inspection by police upon demand of a member of the Police Department
at all reasonable times.
C.
Every act of omission by an employee constituting a violation of
the provisions of this section shall be the act or omission of the
operator if such act or omission occurs either with the authorization,
knowledge or approval of the operator, or is a result of the operator's
negligent failure to supervise the employee's conduct, and the
operator shall be punished for such act or omission in the same manner
as if the operator committed the act or caused the omission.
D.
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.
E.
No employee of an adult-oriented establishment shall permit any minor
to loiter around or to frequent an adult-oriented establishment or
to permit any minor to view adult entertainment, as defined herein.
F.
The operator shall maintain the premises in a clean and sanitary
manner at all times.
G.
The operator shall ensure compliance of the establishment and its
patrons with the provisions of this section.
H.
The operator shall ensure there is conspicuously posted inside each
booth, room or cubicle an unmutilated and undefaced sign or poster
supplied by the Health Inspection Authority which contains information
regarding sexually transmitted diseases and the telephone numbers
from which additional information can be sought.
I.
The operator shall ensure there is conspicuously displayed at a place
near the main entrance of the establishment, or portion thereof, any
information, brochures or pamphlets supplied by the Health Inspection
Authority pertaining to sexually transmitted diseases.
J.
The operator shall ensure there is posted regulations concerning
booth, room or cubicle occupancy on signs, with lettering at least
one-inch high, that are placed in conspicuous areas of the establishment
and in each of the booths, rooms or cubicles.
K.
The operator shall be responsible for paying all reasonable costs
or fees charged by the Health Inspection Authority for supplying posters,
brochures, pamphlets and other information as described under this
section.
A.
All operators, employees and independent contractors working in any
adult-oriented establishment licensed hereunder shall, prior to beginning
employment or contracted duties, register with the Police Department
unless such persons have already done so under the license application
procedures required under this chapter. Such registration shall include
the following:
(1)
Name, address, birth date, any aliases used, telephone numbers, date
of employment and name of employer.
(2)
Photographs and fingerprinting submitted according to the same standards established under the license application procedures under § 101-4 above. Each person governed by this provision shall make arrangements to provide fingerprints in person at the Police Department and shall pay all costs or fees as may be charged by the Department. The required photographs may also be taken through the Department although not necessary, provided the applicant pays all costs or fees as may be charged by the Department.
B.
All registrations hereunder are valid for a period of one year.
A.
General. Any license granted herein may be revoked or suspended indefinitely
or not renewed by the Common Council as follows:
(1)
If the applicant has made or recorded any statement required by this
section knowing it to be false or fraudulent or intentionally deceptive.
(2)
For the violation of any provision of this section, except for establishment
license matters involving the violation of the Building Code, whereby
in such case the license shall be revoked after the second conviction
thereof in any license year.
(3)
After one conviction of any establishment personnel of an offense
under Ch. 944, Wis. Stats., or of an offense against the person or
property of a patron of the property or of an offense involving substance
in Sub. II of Ch. 961, Wis. Stats., where there is shown the participation
or knowledge of any other establishment personnel or of an individual
within the business structure of the applicant.
B.
Notice of hearing. No license shall be revoked, suspended or not
renewed by the Common Council hereunder except upon due notice and
hearing to determine whether grounds for such action exist. Such hearing
shall be held before the Committee of the Whole. Notice of such hearing
shall be in writing and shall state the grounds of the complaint against
the licensee. The notice shall be served upon the licensee at least
15 days prior to the date of the hearing and shall state the time
and place thereof. The licensee shall be entitled to be heard, to
be represented by counsel, to cross-examine opposing witnesses, to
present witnesses on his own behalf under subpoena by the Common Council
if such is required, and the hearing may be stenographically recorded
at the licensee's option and expense. At the conclusion of such
hearing, the Committee of the Whole shall prepare and submit a report,
including findings of fact and conclusions of law and a recommendation
of action with respect to the license. The Committee shall provide
the complainant and licensee a copy of the report. The Common Council
shall decide the matter and shall prepare a written decision which
shall be filed with the Clerk-Treasurer, and a copy thereof shall
be delivered to the licensee and complainant within 20 days after
its decision.
All private and public schools, as defined in Ch. 115, Wis. Stats., located within the City are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.
[Amended 4-14-2015 by Ord. No. 233]
In addition to any other actions permitted by law or taken by the Common Council, including the action of license revocation or nonrenewal, anyone who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-3 of the Code of the City of Markesan.
