[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.]
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.
(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.
As used in this chapter, the following terms shall have the
meanings indicated:
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 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.
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.
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.
A cabaret which features male or female impersonators or
similar entertainers.
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.
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, 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
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows 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 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 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.
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.
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.
Any person who:
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
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 of Wisconsin, pursuant to
§ 48.65, Wis. Stats., whether situated within the Village
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 an employee or independent contractor.
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
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.
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:
Public and private schools used for primary or secondary education
in which any regular kindergarten or grades one through 12 classes
are taught; and
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 whether covered or uncovered.
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.
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.
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.
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.
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.
The license shall be displayed in a conspicuous public place
in the adult-oriented establishment.
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.
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.
Licenses issued under this chapter may not be transferred. All
adult-oriented establishment license applications shall be for an
original or renewal license.
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.
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.
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.
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.
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.
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.
