[HISTORY: Adopted by the Village Board of
the Village of Wales 4-17-1989 as §§ 12.05 and 12.10 of the 1989 Code.
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
An establishment having as its stock-in-trade for sale, rent,
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 specified
sexual activities or specified anatomical areas as defined below and
in conjunction therewith having facilities for the presentation of
adult entertainment as defined herein, including adult-oriented films,
movies or live performances for observation by patrons therein.
A cabaret which features topless dancers, strippers, male
or female impersonators or similar entertainers.
Any exhibition of any motion picture, live performance, display
or dance of any type which has as its dominant theme or is distinguished
or characterized by an emphasis on any actual or simulated specified
sexual activities or specified anatomical areas as defined herein
or the removal of articles of clothing or appearing partially or totally
nude.
An enclosed building with a capacity of fewer than 50 persons
used for presenting material having as its dominant theme or distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas
as defined herein for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
used for presenting material having as its dominant theme or distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas
as defined herein for observation by patrons therein.
Includes, but is not limited to, adult bookstores, adult
motion-picture theaters, adult mini motion-picture theaters or adult
cabarets and further means any premises to which public patrons or
members are invited or admitted and which is so physically arranged
as to provide booths, cubicles, rooms, compartments or stalls separate
from the common areas of the premises for the purpose of viewing adult-oriented
motion pictures or wherein an entertainer provides adult entertainment
to a public patron or a member, whether or not such adult entertainment
is held, conducted, operated or maintained for a profit, direct or
indirect.
The Village Board for the Village of Wales, Wisconsin.
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
Simulated or actual:
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 in the Village without first obtaining a license to operate issued by the Village.
B.
A license may be issued only for one adult-oriented
establishment located at a fixed and certain place. Any person who
desires to operate more than one adult-oriented establishment must
have a license for each.
C.
No license or interest in a license may be transferred
to any person.
D.
All adult-oriented establishments existing at the
time of the passage of this chapter must submit an application for
a license within 90 days of the passage of this chapter. If an application
is not received within such ninety-day period, then such existing
adult-oriented establishment shall cease operations.
A.
Any person desiring to secure a license shall make
application to the Village Clerk. The application shall be filed in
triplicate with and dated by the Village Clerk.
B.
The application for a license shall be upon a form
provided by the Village Clerk. An applicant for a license who is interested
directly in the ownership or operation of the business shall furnish
the following information under oath:
(1)
Name and address.
(2)
Written proof that the individual is at least 18 years
of age.
(3)
The address of the adult-oriented establishment to
be operated by the applicant.
(4)
If the applicant is a corporation, the application
shall specify the name of the corporation, date and state of incorporation,
name and address of the registered agent, name and address of all
shareholders owning more than 5% of the stock in such corporation
and all officers and directors of the corporation.
C.
Within 21 days of receiving an application for a license,
the Village Clerk shall notify the applicant whether the application
is granted or denied.
D.
Whenever an application is denied, the Village Clerk
shall advise the applicant in writing of the reasons for such action.
If the applicant requests a hearing within 10 days of receipt of notification
of denial, a public hearing shall be held within 10 days thereafter
before the Board as hereinafter provided.
E.
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 such application or his refusal to submit to
or cooperate with any investigation required by this chapter shall
constitute an admission by the applicant that he is ineligible for
such license and shall be grounds for denial thereof by the Village
Clerk.
To receive a license to operate an adult-oriented
establishment, an applicant must meet the following standards:
B.
C.
If the applicant is a partnership, joint venture or
any other type of organization wherein two or more persons have a
financial interest:
(1)
All persons having a financial interest in the partnership,
joint venture or other type of organization shall be at least 18 years
of age.
(2)
No person having a financial interest in the partnership,
joint venture or other type or organization shall have been found
to have violated any provision of this chapter within five years immediately
preceding the date of the application.
A license fee as set by the Village Board shall
be submitted with the application for a license. If the application
is denied, 1/2 of the fee shall be returned.
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 at the expiration of one year from the date of issuance,
unless sooner revoked, and must be renewed before operation is allowed
in the following year. Any operator desiring to renew a license shall
make application to the 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 with and dated
by the Village Clerk. 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. In addition to
the renewal fee, a late penalty as set by the Village Board shall
be assessed against the applicant who files for a renewal less than
60 days before the license expires. If the application is denied,
1/2 of the total fees collected shall be returned.[1]
A.
The Board shall revoke a license for any of the following
reasons:[1]
(1)
Discovery that false or misleading information or
data was given on any application or material facts were omitted from
any application.
(2)
The operator or any employee of the operator violates
any provision of this chapter or any rule or regulation adopted by
the Board pursuant to this chapter; provided, however, that in the
case of a first offense by an operator where the conduct was solely
that of an employee, the penalty shall not exceed a suspension of
30 days if the Board shall find that the operator had no actual or
constructive knowledge of such violation and could not by the exercise
of due diligence have had such actual or constructive knowledge.
(3)
The operator becomes ineligible to obtain a license.
(4)
Any cost or fee required to be paid by this chapter
is not paid.
(5)
Any intoxicating liquor or fermented malt beverage
is served or consumed on the premises of the adult-oriented establishment.
B.
The Board, before revoking or suspending any license,
shall give the operator at least 10 days' written notice of the charges
against him/her and the opportunity for a public hearing before the
Board as hereinafter provided.[2]
C.
The transfer of a license or any interest in a license
shall automatically and immediately revoke the license.
D.
Any operator whose license is revoked shall not be
eligible to receive a license for one year from the date of revocation.
No location or premises for which a license has been issued shall
be used as an adult-oriented establishment for six months from the
date of revocation of the license.
Any adult-oriented establishment having available
for customers, patrons or members any booth, room or cubicle for the
private viewing of any adult entertainment must comply with the following
requirements:
A.
Access. Each booth, room or cubicle shall be totally
accessible to and from aisles and public areas of the adult-oriented
establishment and shall be unobstructed by any door, lock or other
control-type devices.
B.
Construction. Every booth, room or cubicle shall meet
the following construction requirements:
(1)
Each booth, room or cubicle shall be separated from
the adjacent booths, rooms and cubicles and any nonpublic areas by
a wall.
(2)
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 not in use shall be a minimum of 10 footcandles at all times
as measured from the floor.
C.
Occupants. Only one individual shall occupy a booth,
room or cubicle at any time. No such individual shall engage in any
type of sexual activity, cause any bodily discharge or litter while
in the booth. No individual shall damage or deface any portion of
the booth.
A.
Every act or omission by an employee constituting
a violation of the provisions of this chapter shall be deemed the
act or omission of the operator if such act or omission occurs either
with the authorization, knowledge or approval of the operator or as
a result of the operator's negligent failure to supervise the employee's
conduct, and the operator shall be punishable for such act or omission
in the same manner as if the operator committed the act or caused
the omission.
B.
Any act or omission of any employee constituting a
violation of the provisions of this chapter shall be deemed the act
or omission of the operator for purposes of determining whether the
operator's license shall be revoked, suspended or renewed.
C.
No employee of an adult-oriented establishment shall
allow any minor to loiter around or to frequent an adult-oriented
establishment or allow any minor to view adult entertainment as defined
herein.
D.
The operator shall maintain the premises in a clean
and sanitary manner at all times.
E.
The operator shall maintain at least 10 footcandles
of light in the public portions of the establishment, including aisles,
at all times. However, if a lesser level of illumination in the aisles
shall be necessary to enable a patron to view the adult entertainment
in a booth, room or cubicle adjoining an aisle, a lesser amount of
illumination may be maintained in such aisles; provided, however,
that at no time shall there be less than one footcandle of illumination
in such aisles as measured from the floor.
F.
The operator shall ensure compliance of the establishment
and its patrons with the provisions of this chapter.
Chapter 68, Wis. Stats., concerning contested
cases, shall govern the administrative procedure and review regarding
the granting, denial, renewal, nonrenewal, revocation or suspension
of a license.
All private schools and public schools as defined
in Ch. 115, Wis. Stats., located within the Village are exempt from
obtaining a license hereunder when instructing pupils in sex education
as part of their curriculum.
In addition to the revocation, suspension or nonrenewal of any license issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
