It is the purpose of this article to regulate
adult-oriented establishment businesses (hereinafter referred to as
"adult-oriented establishments") to promote the health, safety, morals,
and the general welfare of the citizens of the City of Weyauwega,
to aid in the alleviation and prevention of the adverse and deleterious
effects of criminal activity and disruption of the public peace associated
with such establishments, and to establish reasonable and uniform
regulations to prevent the serious health hazards associated with
unsafe and unsanitary conditions known to exist in those establishments
and to alleviate the spread of sexually transmitted diseases and other
contagious diseases in those establishments.
A.
Except as provided in Subsection D below, no adult-oriented establishment shall be operated or maintained within the corporate limits of the City of Weyauwega without first obtaining a license to operate issued by the City of Weyauwega.
B.
A license may be issued only for one adult-oriented
establishment located at a fixed and certain place per filed application.
Each adult-oriented establishment must have a license.
C.
No license or interest in a license may be transferred to any person, partnership, or corporation except as set forth in § 175-22. No more than one license shall be issued to any one individual, partnership or corporation.
D.
All adult-oriented establishments existing at the
time of the original 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 said ninety-day period, then such
existing adult-oriented establishment shall cease operations.
A.
License procedure. Any person, partnership, or corporation desiring to secure an adult-oriented establishment license shall make application to the City Administrator. The application shall be filed in triplicate with and dated by the City Administrator. A copy of the application shall be distributed within 10 days of receipt thereof to the Police Department, Fire Inspector, Building Inspector, and to the applicant. The procedures prescribed in § 175-7A through C shall be applicable to adult entertainment licenses under this article.
B.
Required information. The application for a license
shall be upon a form provided by the City Administrator. 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 any 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 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 10 years immediately preceding the date of application;
(5)
The exact nature of the adult entertainment to be
conducted;
(6)
Whether the applicant previously operated in this
or any other state, county or municipality under an adult-oriented
establishment license or similar business license and 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 (the applicant
shall provide the name of the municipality/state where such license
was suspended or revoked);
(7)
All criminal and traffic convictions, whether federal
or state, or municipal ordinance violation convictions, forfeiture
of bond and pleadings of nolo contendere on all charges, except traffic
offenses;
(8)
Fingerprints made by a law enforcement agency and
two portrait photographs of at least two inches by two inches of the
applicant;
(9)
The address of the adult-oriented establishment to
be operated by the applicant;
(11)
If the applicant is a corporation, the application
shall specify the name of the corporation, the date and state of incorporation,
and the name and address of the registered agent of the corporation.
C.
Failure to provide information. Failure or refusal
of the applicant to provide any information for the investigation
of the application, or the applicant's refusal or failure to appear
at any reasonable time and place for examination under oath regarding
said application, or refusal to submit to or cooperate with any investigation
required by this section, shall constitute an admission by the applicant
of ineligibility for such license and shall be grounds for denial
thereof.
A.
General requirements. To receive a license to operate
an adult establishment, an applicant must meet the following standards:
(1)
If the applicant is an individual:
(a)
The applicant shall be at least 18 years of
age;
(b)
Subject to Ch. 111, Wis. Stats., the applicant
shall not have been convicted of or pleaded nolo contendere, or have
charges pending or deferred prosecution, to a felony or any crime
involving moral turpitude, prostitution or other crime of a sexual
nature in any jurisdiction within five years immediately preceding
the date of the application; and
(c)
The applicant shall not have been found to have
previously violated this article within five years immediately preceding
the date of the application.
(2)
If the applicant is a corporation:
(a)
All officers, directors, and others required to be named under § 175-16B shall be at least 18 years of age;
(b)
Subject to Ch. 111, Wis. Stats., no officer, director, or other person required to be named under § 175-16B shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and
(3)
If the applicant is a partnership, joint venture,
limited liability company or any other type of organization where
two or more persons have a financial interest:
(a)
All persons having a financial interest in the
partnership, joint venture or other type of organization shall be
at least 18 years of age;
(b)
Subject to Ch. 111, Wis. Stats., no person having
a financial interest in the partnership, joint venture, or other type
of organization shall have been convicted of or pleaded nolo contendere
to a felony or any crime involving moral turpitude, prostitution or
other crime of a sexual nature in any jurisdiction within five years
immediately preceding the date of the application; and
(c)
No person having a financial interest in the
partnership, joint venture or other type of organization shall have
been found to have violated any provision of this article within five
years immediately preceding the date of the application.
B.
Investigation. No license shall be issued unless the
City of Weyauwega Police Department has investigated the applicant's
qualifications to be licensed. The results of that investigation shall
be filed in writing with the City Administrator no later than 30 days
after the application.
C.
Inspection. The Fire Inspector and/or Police Department
shall inspect the premises proposed to be licensed to verify compliance
with their respective codes and shall report compliance findings to
the City Administrator within 30 days of the date of application.
D.
Proof. 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
a venture. Proper zoning includes permissible nonconforming use status.
(3)
An option to purchase property which is properly zoned
for the venture.
(4)
An option to lease property which is properly zoned
for the venture. Proper zoning includes permissible nonconforming
use status.
A nonrefundable adult-oriented establishment
license application fee as set by the City Council shall be submitted
with the application for a license.[1]
The adult-oriented establishment license shall
be displayed in a conspicuous public place in the adult-oriented establishment.
A.
Every license issued pursuant to this article will
terminate on June 30 of the period for which the license 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 City Administrator. 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 City Administrator. A copy of the application for renewal shall
be distributed by the City Administrator to the Police Department,
Fire Inspector and the applicant. The application for renewal shall
be upon a form provided by the City Administrator and shall contain
such information and data, given under oath or affirmation, as is
required for an application for a new license.
C.
If the Police Department is aware of any information
bearing on the operator's qualifications, that information shall be
filed in writing with the City Administrator.
A.
Whenever an initial application is denied, the City
Administrator shall, within 14 days of the denial, advise the applicant
in writing of the reasons for such action. If the applicant requests
a hearing within 10 days of receipt of notification of denial, a public
hearing shall be held at the next regularly scheduled meeting of the
City Council.
B.
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 article 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 City
Administrator.
Licenses may not be transferred. All license
applications shall be original or for a renewal.
Any adult-oriented establishment having available
for customers, patrons or members any booth, room, or cubicle for
the private viewing of any motion picture, videotape or compact disc
in which a significant or substantial portion of the material presented
is distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas must comply with the following requirements:
A.
Access. Each booth, room, or cubicle shall be totally
accessible to and from aisles and public areas of the adult-oriented
establishment and shall be unobstructed by any door, lock or other
control-type devices.
B.
Construction. Every booth, room or cubicle shall meet
the following construction requirements:
(1)
Each booth, room or cubicle shall be separated from
adjacent booths, rooms, cubicles and any nonpublic areas by a wall.
(2)
Each booth, room or cubicle shall have at least one
side totally open to a public lighted aisle so that there is an unobstructed
view at all times of anyone occupying 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 occupant of the same shall engage
in any type of specified sexual activity, cause any bodily discharge
or litter while in the booth. No person shall alter, damage or deface
any portion of any such booth, room or cubicle in such a manner that
it no longer complies with the provisions of this section.
A.
An operator, licensed under this article, 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.
B.
The operator shall make the register of employees
available immediately for inspection by law enforcement officers upon
demand of a member of a law enforcement agency at all times.
C.
Every act or omission by an employee constituting
a violation of the provisions of this article 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.
D.
Any act or omission of any employee constituting a
violation of the provisions of this article 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-oriented
establishment or allow any minor to view sexually explicit live adult
entertainment or materials containing depictions of specified sexual
activities or specified anatomical areas 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 article.
H.
The operator shall ensure that there is conspicuously
posted inside each booth, room or cubicle an unmutilated and undefaced
sign or poster supplied by the licensee and approved by the City Council
which contains information regarding sexually transmitted diseases
and the telephone numbers from which additional information can be
sought.
I.
The operator shall ensure that 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 City pertaining to sexually transmitted diseases.
J.
The operator shall ensure that there are posted regulations
concerning booth 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.
It shall be unlawful to allow a person who is younger
than 18 years of age to enter or be on the premises of an adult-oriented
establishment at any time the adult-oriented establishment is open
for business.
L.
It shall be the duty of the operator of each adult-oriented
establishment to ensure that an attendant is stationed at each public
entrance to the adult-oriented establishment at all times during regular
business hours. It shall be the duty of the attendant to prohibit
any person under the age of 18 years from entering the adult-oriented
establishment. It shall be presumed that an attendant knew a person
was under the age of 18 unless such attendant asked for and was furnished:
M.
No adult-oriented establishment regulated by this
chapter may remain open between the hours of 2:00 a.m. and 8:00 a.m.,
except on Saturday and Sunday, when the closing hours shall be between
2:30 a.m. and 8:00 a.m.
A.
All operators, employees, and independent contractors
working in any adult-oriented establishment hereunder shall, prior
to beginning employment or contracted duties, register with the City
Administrator. Such registration shall include the following:
B.
Upon registration, the licensee, subject to design
approval by the City Administrator, will provide to each registered
employee an identification card containing the employee's photograph
identifying the employee as such, which shall be kept available for
production upon request of all inspecting officers while on duty at
such adult-oriented establishment.
C.
All registrations hereunder are valid for a period
of one year.
All private schools and public schools, as defined
in Ch. 115, Wis. Stats., located within the City of Weyauwega are
exempt from obtaining a license hereunder when instructing pupils
in sex education as part of their curriculum.
In addition to any other actions allowed by law or taken by the City Council, including the action of license revocation, suspension or nonrenewal, anyone who violates any of the provisions of this article shall be subject to a forfeiture as prescribed by § 1-3 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.
A.
In general. Any license granted herein may be revoked,
suspended, or not renewed by the City Council as follows:
(1)
If the applicant has made or recorded any statement
required by this article knowing it to be false or fraudulent or intentionally
deceptive;
(2)
For the violation of any provision of this article,
except for establishment license matters involving a violation of
building, property maintenance or zoning codes, in which case the
license shall be revoked after the second conviction thereof in any
license year;
(3)
After one conviction by 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 Subchapter II of 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.
(4)
If the licensee, operator or employer becomes ineligible
to obtain a license.
(5)
If an operator employs an employee who does not have
a permit or provides space on the premises, whether by lease or otherwise,
to an independent contractor who performs or works as an entertainer
without being registered with the City Administrator.
(6)
If any cost or fee required to be paid by this article
is not paid.
(7)
If any intoxicating liquor or fermented malt beverage,
narcotic or controlled substance is served or consumed on the premises
of the adult-oriented establishment.
(8)
If any operator, employee or entertainer sells, furnishes,
gives or displays or causes to be sold, furnished, given or displayed
to any minor any material depicting specified sexual activities or
specified anatomical areas.
B.
Notice of hearing. No license shall be revoked, suspended,
or not renewed by the City Council except upon due notice and hearing
to determine whether grounds for such action exist. Such hearing shall
be held before the City Council. 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.
C.
Hearing. The licensee shall be entitled to be heard,
to be represented by counsel, to cross-examine opposing witnesses,
and to present witnesses on his or her own behalf if such is required,
and the hearing shall be stenographically recorded at the licensee's
option and expense. At the conclusion of such hearing, the City Council
shall prepare findings of fact and conclusions as to what, if any,
action the City Council will take with respect to the license. The
City Council shall provide the complainant and licensee with a copy
of the report.