[HISTORY: Adopted by the Village Board of the Village of
Siren at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
A.
It is a lawful purpose of the Village Board of the Village of Siren
to enact regulatory ordinances protecting and promoting the general
welfare, orderly conduct, health and safety of its residents. The
Village Board of the Village believes it is in the best interests
of the health and safety of its residents to regulate and thereby
diminish the dangerous secondary effects that accompany adult-oriented
establishments. The dangerous and negative secondary effects associated
with adult-oriented establishments include, but are not limited to,
increased criminal activity of both a sexual and violent nature, lowered
property values, urban blight and a loss of pride in a community,
and an increase in sexually transmitted diseases.
B.
The Village Board of the Village has knowledge of studies conducted
by:
(1)
Phoenix,
Arizona, Whittier, California, Adams County, Colorado, Indianapolis,
Indiana, New York, New York, New Hanover County, North Carolina, Austin,
Texas, Beaumont, Texas, Dallas, Texas, El Paso, Texas, and Newport
News, Virginia, indicating adult-oriented establishments have either
a strong or a direct correlation to increased crime. A land use study
conducted by the City of Phoenix, Arizona, concentrating on the link
between adult-oriented establishments and their relation to increased
crime found that the number of sex offenses was 506% greater in neighborhoods
where adult-oriented establishments were located and also concluded
that the crimes of rape, lewd and lascivious behavior, and child molestation
were 132% greater in neighborhoods where adult-oriented establishments
were located.
(2)
Garden
Grove, California, Los Angeles, California, Indianapolis, Indiana,
Minneapolis, Minnesota, Las Vegas, Nevada, New York, New York, New
Hanover County, North Carolina, Oklahoma City, Oklahoma, Austin, Texas,
El Paso, Texas, Newport News, Virginia, and St. Croix County, Wisconsin,
indicating a correlation between the location of adult-oriented establishments
and decreased property values of the surrounding areas. A study surveying
100 Oklahoma City real estate appraisers concluded that a concentration
of adult-oriented establishments may mean large losses in property
values.
(3)
Minneapolis,
Minnesota, Ellicottville, New York, Islip, New York, New Hanover County,
North Carolina, Amarillo, Texas, and El Paso, Texas, concluding that
when adult-oriented establishments are allowed to concentrate in one
area, the negative secondary effects of adult-oriented establishments
may be magnified. The Ellicottville, New York, Village Board of Trustees
found that isolation of adult-oriented establishments limits their
negative secondary effects. A report by the Islip, New York, Department
of Planning found that two adult-oriented establishments located near
each other created a dead zone in an otherwise healthy business district.
C.
A legislative report prepared by the Sexually Oriented Business Revision
Committee for the Houston City Council concluded that, due to criminal
activity associated with adult-oriented establishments, licenses should
be required of all adult-oriented establishment employees. The legislative
report further concluded that lack of clear lines of view, insufficient
lighting, and locked rooms decrease the ability of adult-oriented
establishment owners, managers, and employees to monitor behavior
and prevent lewd behavior on the part of customers and that this is
behavior which may lead to unsanitary conditions and the spread of
communicable diseases. A report based on a memorandum from the Tucson,
Arizona, Police Department Investigative Services to the City Prosecutor
dated May 1, 1990, concluded that police officers found a wide variety
of illegal sexual conduct at all adult-oriented establishments and
that virtually every establishment had employees arrested for prostitution
or obscene sex shows and found that one of the employees arrested
for such acts was a fifteen-year-old girl.
D.
The Village Board of the Village recognizes that establishments licensed
to serve alcohol are the most likely to conduct adult entertainment,
as defined herein, and that this adult entertainment can lead to exploitation
of human sexuality. Such exploitation takes the form of employing
or permitting persons to perform adult entertainment as an inducement
to patrons to purchase alcoholic beverages. The purpose of this chapter
shall be to license and regulate the operations and locations of adult-oriented
establishments, as defined herein, within the limits of the Village
of Siren. This chapter has neither the purpose nor effect of imposing
limitations or restrictions on the content of any communicative materials,
including sexually oriented materials. Similarly, it is neither the
purpose nor effect of this chapter to restrict or deny access by adults
to sexually oriented materials protected by the First Amendment or
to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. As based upon the following
recitation of issues involving such types of businesses, it is deemed
to be in the best interests of the health, welfare, and safety of
the residents of the Village to adopt this chapter pursuant to the
authority vested in the Village under § 61.34(1), Wis. Stats.
E.
Based in part upon the foregoing and with the purpose of diminishing
the negative secondary effects of adult-oriented establishments, defined
as including, but not being limited to, maintenance of property values
and protection of the quality of neighborhoods and commercial districts,
the quality of life, and the health, safety, and welfare of residents
of the Village, the following regulations are adopted.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment or business which provides the service of
baths of any kind, including all forms and methods of hydrotherapy,
that is not operated by a medical practitioner or a professional therapist
licensed by the State of Wisconsin and which establishment provides
to its patrons an opportunity to engage in specified sexual activities
as defined in this chapter.
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 include a tattoo parlor.
An establishment having as a substantial or significant portion
of 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 anatomical areas or specified
sexual activities, as defined below.
A cabaret which features dancers, strippers, male or female
impersonators, or similar entertainers performing or presenting material
having as its dominant theme, or distinguished or characterized by
an emphasis on, any actual or simulated specified sexual activities
or specified anatomical areas, as defined below.
Any exhibition of any motion picture, live performer, 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 below.
An establishment or business, with or without sleeping accommodations,
which provides the services of massage and body manipulation, including
exercises, heat and light treatments of the body, and all forms and
methods of physiotherapy, that is not operated by a medical practitioner
or professional physical therapist licensed by the State of Wisconsin
and which establishment provides for its patrons the opportunity to
engage in specified sexual activities as defined in this chapter.
An enclosed building with a capacity of fewer than 25 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 below, for observation by patrons therein.
An establishment or business which provides the service of
modeling for the purpose of reproducing the human body wholly or partially
nude by means of photography, painting, sketching, drawing, or otherwise.
An enclosed building with a capacity of 25 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 below, for observation by patrons therein.
An establishment or business having as a substantial or significant
portion of its stock-in-trade in novelty or other items, including
movies, tapes, videos, books, and any devices, which are distinguished
or characterized by an emphasis on, or designed for, specified sexual
activity as defined herein or stimulating such activity.
Establishments including, but not limited to, adult bookstores,
adult motion-picture theaters, adult mini motion-picture theaters,
adult bathhouses, adult massage parlors, adult modeling studios, adult
body painting studios, adult novelty shops and adult cabarets. It
further means any premises to which public patrons or members are
invited or admitted and which is physically arranged so 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 member of the public, patron or member, whether or not such adult
entertainment is held, conducted, operated, or maintained for a profit,
either direct or indirect.
A dancer, stripper, impersonator, or similar performer.
Any person, joint venture, partnership, limited liability
company, or corporation operating, conducting, maintaining, or owning
any adult-oriented establishment.
A building or any portion thereof which is used as a place
of residence for one or more families as one or more habitable units,
with facilities which are used or available for use for living, sleeping,
cooking, and eating.
An area which could be negatively affected by being in close
proximity to an adult-oriented establishment, including but not limited
to child-care facilities, medical facilities, schools and other educational
facilities, places of worship, libraries, community centers, and recreation
areas.
Simulated or actual:
Any center that provides, on a regular basis, recreational,
vocational, academic, or social services and/or programs for persons
younger than 21 years old for those persons and their families.
A.
Except as provided in § 185-15 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 Siren without first obtaining a license to operate issued by the Village Clerk-Treasurer.
B.
A license may only be issued for one adult-oriented establishment
located at a fixed and certain place. Any operator desiring to operate
more than one adult-oriented establishment must have a license for
each.
C.
Any license granted under this chapter shall not be transferable.
All license applications shall be original or for renewal.
D.
No more than three annual adult-oriented establishment licenses shall
be issued within the Village of Siren at one time, and no more than
one license shall be issued to any one operator.
A.
Any operator desiring to secure a license shall make application
to the Village Clerk-Treasurer. The application shall be filed in
triplicate with, and dated by, the Village Clerk-Treasurer. A copy
of the application shall be distributed promptly to the Police Department
and the applicant.
B.
The application for a license shall be on a form provided by the
Village Clerk-Treasurer. An applicant 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 exact nature of the adult-oriented use to be conducted and the
address of the adult-oriented establishment to be operated by the
applicant.
(4)
If the applicant is a corporation, the date and state of incorporation,
the name and address of the registered agent, the name and address
of any shareholder(s) who individually or jointly owns or controls
stock in said corporation, and all persons responsible for the management
and operation of the adult-oriented establishment.
(5)
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, the name of the entity, the name and address
of any person having a financial interest in the partnership, joint
venture, limited liability company, or other type of organization,
and all persons responsible for the management and operation of the
adult-oriented establishment.
C.
Upon receipt of an application, the Village Clerk-Treasurer shall
notify the Police Department and Fire Inspector of the license application.
The Police Department and Fire Inspector shall submit written reports
and recommendations to the Village Board. Within 60 days of receiving
an application for a license, the Village Board shall hold a public
hearing on the application, preceded by a Class 2 notice. The Village
Board may take any testimony regarding the granting or denial of such
license and shall either approve, modify, or reject the application,
and the reasons for the action taken shall be specified in the written
record of the Village Board.
D.
Whenever an application is denied, the Village Clerk-Treasurer shall
advise the applicant in writing of the reasons for such action within
10 days of the Village Board action.
E.
Failure or refusal of the applicant to give any information relevant
to the investigation of the application, 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.
To be eligible for a license to operate an adult-oriented establishment,
an applicant must meet the following standards:
A.
If the applicant is an individual:
(1)
The applicant shall be at least 18 years of age.
(2)
The applicant shall not have been found to have previously violated
this chapter or an ordinance of like terms in another jurisdiction
or have been arrested or convicted for a violation for which licensure
may be denied under § 111.335, Wis. Stats., within five
years immediately preceding the date of the application.
B.
If the applicant is a corporation:
(2)
No person required to be named under § 185-4B(4) shall have been found to have previously violated this chapter or an ordinance of like terms in another jurisdiction or have been arrested or convicted for a violation for which licensure may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
C.
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:
(2)
No person required to be named under § 185-4B(5) shall have been found to have previously violated this chapter or an ordinance of like terms in another jurisdiction or have been arrested or convicted for a violation for which licensure may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
A license application fee shall be adopted by the Village Board.
The fee shall be submitted with the application for a license. If
the application is denied, 1/2 of the fee shall be retained by the
Village as an application processing charge.
The license shall be displayed in a conspicuous public place
in the adult-oriented establishment. Licenses of employees or agents
that work in said establishment that relate to this license or establishment
shall be displayed with the adult-oriented establishment license.
A.
Every license issued pursuant to this chapter will terminate upon the expiration of one year from the date of issuance or the following June 30, whichever is earlier, unless sooner revoked, and must be renewed before operation is allowed. Any operator desiring to renew a license shall make application to the Village Clerk-Treasurer. The application for renewal must be filed 90 days before the license expires. The renewal process shall be the same as the application process set forth in § 185-4.
B.
A license renewal fee shall be established by the Village Board.
The renewal fee shall be submitted with the application for renewal.
In addition to the renewal fee, a late penalty, as established by
the Village Board, shall be assessed against an applicant who does
not file for a renewal at least 90 days before the license expires.
If the application for renewal is denied, 1/2 of the total fees collected
shall be retained by the Village as an application processing charge.
A.
The Village Board may revoke a license for any of the following reasons:
(1)
Discovery that false or misleading information or data was given
on any application or material acts were omitted from any application.
(2)
The operator or any employee of the operator violated any provision
of this chapter or any rule or regulation adopted by the Village 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 90 days
if the Village 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.
B.
The Village Board, before revoking or suspending any license, shall
give the operator at least 10 days' written notice of the charges
against the operator and the opportunity for a public hearing before
the Village Board.
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 two years 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 a booth, room, or cubicle for private viewing
of any adult entertainment must comply with the following requirements:
A.
Each booth, room, or cubicle shall be totally accessible to any and
all public areas of the adult-oriented 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 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 booth, room, or cubicle.
(3)
All walls shall be solid and without any openings, extended from
the floor to a height of not less than seven 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.
Only one individual shall occupy a booth, room, or cubicle at any
time. No occupant 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.
A.
Every act or omission by an employee constituting a violation of
this chapter shall be deemed an 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 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 that constitutes a violation
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 operator or employee of an adult-oriented establishment shall:
D.
The operator shall:
E.
No operator shall suffer, allow, or permit any employee or entertainer
to touch, and no employee or entertainer shall intentionally touch,
the clothed or unclothed body of any patron or customer at the establishment
premises at any point below the neck and above the knee of the person,
excluding that part of the person's arm below the wrist, commonly
referred to as the hand. It shall further be unlawful for any patron
or customer to touch any portion of the clothed or unclothed body
of an operator, employee, or entertainer below the neck and above
the knee, excluding the part of the operator's, employee's
or performer's arm below the wrist, commonly referred to as the
hand.
F.
This chapter shall be displayed on the exterior of every licensed
premises, with such chapter to be clearly visible to patrons entering
the premises from the outside, and shall be posted within eight feet
of any exterior entryway. This chapter shall also be placed in each
booth, room, and cubicle and any enclosed location within an establishment
licensed under this chapter. The Village Board may, by formal motion
or resolution, authorize the posting of an abbreviated form of this
chapter so as to notify patrons, employees, and operators of the regulations
stated in this chapter. The exterior signs shall be in block letters,
written in black on a white background surface, and with type no less
than 1/2 inch in size. The interior signs shall be of a similar type
and color with type no less than 1/2 inch in size. Upon application
of the operator, abbreviated versions of this chapter may be posted
or other amendments may be approved, consistent with the intent of
this chapter in keeping affected persons apprised of the requirements
of this chapter.
A.
No adult-oriented establishment shall be located:
(1)
Within 1,000 feet of an existing adult-oriented establishment.
(2)
Within 1,000 feet of any premises of a licensee of a Class "B" fermented
malt beverage retailer's license or retail "Class B" liquor license.
(3)
Within 1,000 feet of a youth center or sensitive area as defined
by this chapter.
(4)
Upon any land except lands within the Village which are zoned for
adult-oriented establishments, either as a permitted or a conditional
use of property.
(5)
Within 1,000 feet of an area zoned for residential land uses or within
1,000 feet of an existing residential dwelling, whether situated within
or outside of the Village limits.
B.
For purposes of this chapter, distances are to be measured in a straight
line, without regard to intervening structures or objects, from the
property line of the adult-oriented establishment to the nearest property
line of another adult-oriented establishment, youth center or sensitive
area, premises of a licensee of a Class "B" fermented malt beverage
retailer's license or retail "Class B" liquor license, lot or
parcel zoned for residential land uses, or lot or parcel on which
a residential dwelling is situated.
No adult-oriented establishment shall be open between the hours
of 12:30 a.m. and 10:30 a.m.
A.
Any person desiring to provide entertainment in the Village as an
entertainer at any facility governed under this chapter, before engaging
in any such entertainment, shall register with the Village Clerk-Treasurer
and pay a registration fee as established by the Village Board. The
individual shall provide a full name and permanent address; date and
place of birth; information concerning height, weight, hair and eye
color, gender, and race; two forms of identification with at least
one form being photo identification confirming such information; and,
if requested, fingerprints, stage name, and booking agent, if any.
Such registration shall be valid for one year from date of registration.
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 professional nursing
care or human growth and development as a part of curriculum. All
licensed medical care or professional nursing care facilities located
within the Village and agents of the Village, county, state, and federal
governments are exempt from obtaining a license hereunder when engaged
in providing medical care or human growth and development education.
In addition to all other remedies available to the Village in
equity and under law, any person who shall violate any provision of
this chapter or who shall fail to obtain a license as required hereunder
or who shall operate after his or her license is suspended or revoked
shall be subject to penalty, on a per diem or per occurrence basis,
as follows:
A.
Any person who operates an adult-oriented establishment and fails
to obtain a license as required under this chapter shall be subject
to an initial fine of $1,500, together with the costs of prosecution,
and an additional fine of $250 per day, together with the costs of
prosecution, for each day that the person continues to operate an
adult-oriented establishment without a license in violation of this
chapter.
B.
Any person who operates an adult-oriented establishment after his
or her license has been suspended or revoked shall be subject to an
initial fine of $1,500, together with the costs of prosecution, and
an additional fine of $250 per day, together with the costs of prosecution,
for each day the person continues to operate an adult-oriented establishment
in violation of this chapter.
C.
Any person with a valid license for an adult-oriented establishment
who violates any provision of this chapter shall be subject to a fine
of $250, together with the costs of prosecution, per day for each
day the person is in violation of this chapter.
