Village of Brandon, WI
Fond Du Lac County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Brandon at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Alcohol beverages — See Ch. 183.
Peace and good order — See Ch. 363.
Zoning — See Ch. 485.

§ 175-1 Purpose and findings.

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 Village of Brandon, to prevent the deleterious location and concentration of sexually oriented businesses within the Village, 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 Village Board, and on findings incorporated in the cases of Village 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 Village Board finds:
(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 chapter as adult theatres 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 theatres, 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.
(14) 
The findings noted in Subsection B(1) through (13) raise substantial governmental concerns.
(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 establishment is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the Village of Brandon. 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 theatres.
(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 chapter is designed 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 chapter.
(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 Village of Brandon will be promoted by the enactment of this chapter.

§ 175-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT
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.
ADULT BATH HOUSE
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 of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities, as defined herein.
ADULT BODY PAINTING STUDIO
An establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this chapter, "adult body painting studio" shall not be deemed to include a tattoo parlor.
ADULT BOOKSTORE
Means, 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, video cassettes, magazines or other periodicals, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to adult entertainment, as defined herein.
ADULT CABARET
A cabaret which features male or female impersonators or similar entertainers.
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity of 50 or less persons, including establishments that have coin-operated video or motion picture booths, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this chapter, for observation by patrons of such establishment.
ADULT MODELING STUDIO
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.
ADULT MOTEL
A hotel, motel, or similar commercial establishment which:
A. 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, 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; or
B. 
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
C. 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
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 specified anatomical areas or specified sexual activities, as defined herein, for observation by patrons therein.
ADULT MOTION-PICTURE THEATER (OUTDOOR)
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.
ADULT NOVELTY SHOP
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.
ADULT-ORIENTED ESTABLISHMENT
Includes, but not be limited to, adult bookstores, adult motion-picture theaters (indoor or outdoor), adult body painting studios, and further means any premises to which public patrons or members are regularly invited, admitted and/or allowed 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.
BOOTH, ROOM or CUBICLE
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 enclosure, 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 or other similar establishments licensed by the State of Wisconsin pursuant to Chapter 50 of the Wisconsin Statutes.
CHURCH
A building, whether situated within the Village or not, in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
CUSTOMER
Any person who:
A. 
Is allowed to enter an adult-oriented establishment in return for the payment of an admission fee or any other form of consideration or gratuity; or
B. 
Enters an adult-oriented establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
C. 
Is a member of and on the premises of an adult-oriented establishment operating as a private club.
DAY-CARE CENTER
A facility licensed by the State of Wisconsin, pursuant to § 48.65, Wis. Stats., whether situated within the Village or not.
EMPLOYEE
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.
ENTERTAINER
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 an employee or independent contractor.
OPERATOR
Any person, partnership or corporation operating, conducting, maintaining or owning any adult-oriented establishment.
RESIDENTIAL
Pertaining to the use of land, whether situated within the Village 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.
SCHOOL
A building, whether situated within the Village or not, where persons regularly assemble for the purpose of instruction or education, together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term is limited to:
A. 
Public and private schools used for primary or secondary education in which any regular kindergarten or grades one through 12 classes are taught; and
B. 
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
A. 
Less than completely and opaquely covered:
(1) 
Human genitals, pubic region;
(2) 
Buttocks;
(3) 
Female breast below a point immediately above the top of the areola.
B. 
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
A. 
Showing of human genitals in a state of sexual stimulation or arousal;
B. 
Acts of human masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;
C. 
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts whether covered or uncovered.
SUBSTANTIAL
As used in various definitions shall mean 20% or more of a business' stock-in-trade, display space, floor space or retail sales in any one month during the license year.

§ 175-3 Adult-oriented establishment license required.

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 Village of Brandon without obtaining a license to operate issued by the Village of Brandon.
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 must 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 must 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, then 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.

§ 175-4 Application for license.

A. 
License procedure. Any person, partnership, or corporation desiring to secure a license shall make application to the Village Clerk. The application shall be filed in triplicate. A copy of the application shall be distributed within 10 days of receipt thereof to the Brandon Police Chief, Fire Chief/Inspector, County Health Department, Building Inspector, and Planning/Zoning Coordinator.
B. 
The application for a license shall be upon a form provided by the Village Clerk. 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 Village. 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, including all aliases, address and date of birth of the applicant.
(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 village under an adult-oriented establishment license or similar business license, whether the applicant has ever had such a license revoked or suspended, 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 Village 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 Brandon Police Department and pay all costs or fees as may be charged by the Police 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 Police 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.

§ 175-5 Standards for issuance of license.

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 § 175-4B must 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 or have charges pending or deferred prosecution 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 Brandon Police Department has investigated the applicant's qualifications to be licensed. The results of that investigation shall be filed, in writing, with the Village Clerk no later than 14 days after the date of the application.
C. 
The Fire Chief/Inspector, County Health Department, Building Inspector, and Planning/Zoning Coordinator shall inspect the premises proposed to be licensed to verify compliance with their respective codes and shall report compliance findings to the Village Clerk within 14 days of the date of application. No license may be issued hereunder unless the premises is approved by the above inspection authorities.
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 Village are delinquent or unpaid.
F. 
No more than three annual licenses, issued under this chapter, shall be issued to license holders within the Village of Brandon limits at one time.

§ 175-6 License fee.

A license application under this chapter shall be accompanied by a fee as set by the Village Board. If for any reason the license is denied, 1/2 of the fees paid shall be returned to the applicant. If the license is granted, the Village will retain the entire fee.

§ 175-7 Display of license.

The license shall be displayed in a conspicuous public place in the adult-oriented establishment.

§ 175-8 Renewal of license.

A. 
Every license issued pursuant to this chapter will terminate on December 31 of the year it is issued, 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 Village 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. 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 Village Clerk 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 as set by the Village Board shall be submitted with the application for renewal. If for any reason the license renewal is denied, 1/2 of the fees paid shall be returned to the applicant. If the license renewal is granted, the Village will retain the entire fee.

§ 175-9 Granting and denial of application.

A. 
Opportunity shall be given by the Village Board to any person to be heard for or against the granting of any license hereunder. Only upon the approval of the applicant by the Village Board, the Village Clerk shall issue to the applicant the license.
B. 
If the Village Board denies the initial application, the Village Clerk 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 Village Board 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)(b), Wis. Stats., unless the applicant requests such reconsideration be held in open session and the Village Board consents to the request. If the applicant requests a hearing within 10 days of receipt of the notice of denial, the hearing before the Village Board 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 or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, or his or her refusal to submit to or cooperate with any investigation required by this chapter shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the Village Clerk.
D. 
No application for any license hereunder which has been denied by the Village Board for any reason shall again be considered by the Village Board for a period of three months from the date of such denial.

§ 175-10 Transfer of license.

Licenses issued under this chapter may not be transferred. All adult-oriented establishment license applications shall be for an original or renewal license.

§ 175-11 General requirements of adult establishments.

Any adult establishment having open for customers, patrons, or members any booth, room, or cubicle for the private viewing of any sexually oriented 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 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 must 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-footcandle power 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 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 chapter 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 ensure that building capacity limits are set so that the appropriate fire inspection and/or building inspection authorities are complied with at all times.
I. 
The license holder shall comply with all applicable state statutes and regulations and all county and Village ordinances.
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 chapter 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 gratuity or consideration to an entertainer or dancer while performing, whereby the gratuity or consideration, 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 chapter or any applicable state and federal laws.
S. 
No adult-oriented establishment licensed under this chapter shall be located within 500 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 Village, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this subsection.

§ 175-12 Responsibilities of operators.

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 employment of such employees and shall be available on demand to the Police Department for inspection who shall inspect such register no less than biannually.
B. 
The operator shall make the register of employees available immediately for inspection by police upon demand of a member of the Brandon Police Department at all reasonable times.
C. 
Every act or omission by an employee constituting a violation of the provisions of this chapter 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 punishable 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 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.
E. 
No employee of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-entertainment establishment or to allow any minor to view adult entertainment.
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 chapter.
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 are 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 such posters, brochures, pamphlets, and other information as described under this chapter.

§ 175-13 Registration of employees.

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 Brandon Police Department, unless such person(s) 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 § 175-4. Each person governed by this provision shall make arrangements to provide fingerprints in person at the Brandon Police Department and pay all costs or fees as may be charged by the Police Department. The required photographs 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 Police Department.
B. 
All registrations hereunder are valid for a period of one year.

§ 175-14 License suspension, revocation or nonrenewal.

A. 
In general. Any license granted herein may be revoked or suspended, indefinitely, or not renewed by the Village Board as follows:
(1) 
If the applicant has made or recorded any statement required by this chapter knowing it to be false or fraudulent or intentionally deceptive;
(2) 
For the violation of any provision of this chapter, except for establishment license matters involving a violation of Village Building Codes, 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 substances in Ch. 961, Wis. Stats., where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant.
B. 
Notice of hearing. No license shall be revoked, suspended, or not renewed by the Village Board hereunder except upon due notice and hearing to determine whether grounds for such action exist. Such hearing shall be held before the Village Board. 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 or her own behalf under subpoena by the Village Board 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 Village Board 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 Village Board shall provide the complainant and licensee with a copy of the report. The Village Board shall decide the matter and shall prepare a written decision which shall be filed with the Village Clerk, and a copy thereof delivered to the licensee and complainant within 20 days after its decision.

§ 175-15 Exclusions.

All private schools and public schools, as defined in Ch. 115, Wis. Stats., located within the Village of Brandon are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.

§ 175-16 Violations and penalties.

In addition to any other actions allowed by law or taken by the Brandon Village Board, including the action of license revocation or nonrenewal, anyone who violates any of the provisions of this chapter shall forfeit not less than $500 nor more than $2,500, 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.