This article shall be known as the "Sexually Oriented Business
Ordinance."
It is the intent of this article to regulate sexually oriented
businesses and related activities to promote the health, safety, and
general welfare of the citizens of the City, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the City. The provisions of
this article have neither the purpose nor effect or imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials. Similarly, it is not the intent nor effect
of this article 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. Neither is it the intent nor effect of this
article to condone or legitimize the distribution of obscene materials.
Based on evidence concerning the adverse secondary effects of
adult uses on the community in reports made available to the Common
Council, and on findings incorporated in the cases of City of Renton
v. Playtime Theaters, Inc, 475 U.S. 41 (1986); Young v. American Mini
Theaters, 426 U.S. 50 (1976); and Barnes v. Glen Theater, Inc. 501
U.S. 560 (1991); Arcara v Cloud Books, Inc., 478 U.S. 697 (1986);
California v. LaRue, 409 U.S. 109 (1972); Lacobucci v City of Newport
KY., 479 U.S. 92 (1986); United States v. O'Brien, 391 U.S. 367
(1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997);
Key Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Hang on,
Inc, v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); and South
Florida Free Beaches, Inc. v. City of Miami, 734 F.2d 606 (11th Cir.
1984), as well as studies conducted in other cities, including, but
not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston,
Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California;
Los Angeles, California; Whittier, California; Austin, Texas; Seattle,
Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont,
Texas; and findings reported in the Final Report of the Attorney General's
Commission on Pornography (1986), the Report of the Attorney General's
Working Group on the Regulation of Sexually Oriented businesses (June
6, 1989, State of Minnesota), and statistics obtained from the U.S.
Department of Health and Human Services, Centers for Disease Control
and Prevention, the Common Council finds that:
A.
Crime statistics show that all types of crimes, especially sex-related
crimes, occur with more frequency in neighborhoods where sexually
oriented businesses are located.
B.
Studies of the relationship between sexually oriented businesses
and neighborhood property values have found a negative impact on both
residential and commercial property values.
C.
Sexually oriented businesses may contribute to an increased public
health risk through the spread of sexually transmitted diseases.
As used in this article, the following terms shall have the
meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion pictures, projectors, or other
image-producing devices are maintained to show images to five or fewer
persons per machine at any one time, and where the images so displayed
are distinguished or characterized by the depicting or describing
of specified sexual activities or specified anatomical areas.
A commercial establishment that, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representation that depict or describe specified sexual
activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore or adult video store.
Such other business purposes will not serve to exempt such commercial
establishment from being categorized as an adult bookstore or adult
video store so long as one of its principal business purposes is the
offering for sale or rental for consideration the specified materials
that depict or describe specified sexual activities or specified anatomical
areas. A principal business purpose need not be a primary use of an
establishment so long as it is a significant use based upon the visible
inventory or commercial activity of the establishment.
A public or private nightclub, dance hall, bar, restaurant,
or similar commercial establishment that regularly features:
Persons who appear in a state of nudity or seminudity; or
Live performances that are characterized by specified sexual
activities; or
Films, motion pictures, video cassettes, slides, computer images
or other photographic reproductions that characterized by the depiction
or description of specified sexual activities or nudity; or
Topless dancers, strippers, "go-go" dancers, other performers
where nipples and genitalia are visible, male or female impersonators,
mud wrestling, lingerie or bathing suit fashions shows.
A business which provides baths, including hydrotherapy or
massages 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.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
An establishment having a substantial or significant portion
of its sales or stock-in-trade consisting of toys, devices, clothing,
novelties, lotions and other items distinguished or characterized
by this emphasis on or use for specialized sexual activities or specified
anatomical areas or an establishment that holds itself out to the
public as a purveyor of such materials based upon it signage, advertising,
displays, actual sales, exclusion of minors or any other factors showing
the establishment primary purpose is to purvey such material.
An establishment or business (not primarily a tattoo parlor)
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, or where patrons are afforded an
opportunity to paint images on a body which is wholly or partially
nude.
A theater either inside a building or outside, concert hall,
auditorium, or similar commercial establishment that regularly features
persons who appear in a state of nudity and/or seminudity, and/or
live performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
A portion of the human female mammary gland (commonly referred
to as the female "breast") including the nipple and the areola (the
darker colored area of the breast surrounding the nipple) and an outside
area of such gland wherein such area is reasonably compact and contiguous
to the areola and contains at least the nipple and areola and 1/4
the outside surface area of such gland.
(For a short general description see the last sentence of
this definition.) The area at the rear of the human body (sometimes
referred to as the "gluteus maximus") which ties between two imaginary
straight lines running parallel to the ground when a person is standing,
the first or top such line being 1/2 inch below the top of the vertical
cleavage of the nates (i.e., the prominence formed by the muscles
running from the back of the hip to the back of the leg) and the second
or bottom such line being 1/2 inch above the lowest point of the curvature
of the fleshy protuberance (sometimes referred to as the "gluteal
fold"), and between two imaginary straight lines, one on each side
of the body (the outside line), which outside lines are perpendicular
to the ground and to the horizontal lines described above and which
perpendicular outside lines pass through the outermost point(s) at
which each nate meets the outer side of each leg. Notwithstanding
the above, "buttock" shall not include the leg, the hamstring muscle
below the gluteal fold, the tensor fasciase latae muscle or any of
the above-described portion of the human body that is between either
the left inside perpendicular line and the left outside perpendicular
line or the right inside perpendicular line and the right outside
perpendicular line. For the purpose of the previous sentence, the
left inside perpendicular line shall be an imaginary straight line
on the left side of the anus that is perpendicular to the ground and
to the horizontal lines described above and that is 1/3 of the distance
from the anus to the left outside line, and the right inside perpendicular
line shall be an imaginary straight line on the right side of the
anus that is perpendicular to the ground and to the horizontal lines
described above and that is 1/3 the distance from the anus to the
right outside line. (The above description can generally be described
as covering 1/3 of the buttocks centered over the cleavage for the
length of the cleavage.)
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time, contract basis or independent
basis, whether or not the person is denominated an employee, independent
contractor, agent or otherwise, and whether or not the said person
is paid a salary, wage or other compensation by the operator of said
business. Employee does not include a person exclusively on the premises
for repair or maintenance of the premises or equipment on the premises
or for the delivery of goods to the premises, nor does employee include
a person exclusively on the premises as a patron or customer.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
or specified sexual activities for another person.
A person or business association who or which furnishes or
offers to furnish escorts as one of its primary business purposes
for a fee, time, or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether a sexually oriented
business to any sexually oriented business; or
The additions of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business; or
A sexually oriented business or premises on which the sexually
oriented business is located.
A facility licensed by the State of Wisconsin, under § 48.65,
Wis. Stats., whether situated within the City or not, that provides
care, training, education, custody, treatment or supervision for more
that four children under 14 years of age, where such children are
not related by blood, marriage or adoption to the owner or operator
of the facility, for less than 24 hours a day, regardless of whether
or not the facility is operated for profit or charges for the services
it offers.
The appearance of the human, bare buttocks (as defined in
this section), anus, anal cleft or cleavage, pubic area, male genitals,
female genitals or vulva, with less than a full opaque covering; or
the female breast with less than 1/4 of the breast surface area, contiguous
to and containing the areola, completely and opaquely covered with
fabric (see definition of "breast" in this section.) Each female person
may determine which 1/4 of her breast surface area contiguous to cover,
including the nipple and containing the areola.
The person on the premises who is responsible for the control
and management of the sexually oriented business.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
The real property upon which the sexually oriented business
is located, and all appurtenances thereto and buildings thereon, including,
but not limited to, the sexually oriented business, the grounds, private
walkways, and parking lots and/or parking garages adjacent thereto,
under the ownership, control, or supervision of the owner or operator
of the business.
Recurring on a basis which is frequently, customarily or
typically.
The exposure of a bare female breast with less than 1/4 of
the breast surface area, contiguous to and containing the areola,
completely and opaquely covered with fabric (see definition of "breast"
in this section). Each female person may determine which 1/4 of her
breast surface area contiguous to cover, including the nipple and
containing the areola.
A business or commercial enterprise that, as one of it principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motion-picture theater, adult theater, escort agency
or sexual encounter center.
Includes any of the following:
A.
Sexually oriented businesses shall be permitted in the C-2 Highway
Commercial District, I-1 Light Industrial District and I-2 Heavy Industrial
District upon receipt of a certificate of licensure and provided that:[1]
(1)
Sexually
oriented businesses may not be operated in the City of Prescott:
(a)
Within 1,000 feet of:
[1]
A church, chapel, synagogue, or regular place of religious worship.
[2]
A school, public or private, preschool, elementary, middle or high
school, or youth recreation center.
[3]
A licensed day-care center.
[4]
A public park.
[5]
Another sexually oriented business.
[6]
Any residential district, school, church, public park, day-care center,
tavern or sexually oriented business located outside the City.
(b)
Within 750 feet of any residential district (R-1 Mixed Residential
District, R-2 Multifamily Residential District, R-3 High-Density Residential
District, R-4 Duplex Residential District, R-5 Single-Family Residential
District, and R-6 Executive Residential District) or Agricultural
District (A-1).
(c)
Within 500 feet of any licensed bar or tavern.
(d)
Within 600 feet of any state highway.
(2)
A sexually
oriented business may not be operated in the same building, structure
or portion thereof containing another sexually oriented business.
B.
For the purpose of this article, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line or boundary of a property listed in Subsection A of this section
A.
License
required.
(1)
(2)
A license may be issued only for one sexually oriented business located
at a fixed and certain place. Any person, partnership, or corporation
which desires to operate more than one sexually oriented business
must have a license for each.
(3)
No license or interest in a license may be transferred to any person,
partnership or corporation.
(4)
All sexually oriented business existing at the time of the original
passage of this article must submit an application for a license within
90 days of the passage of this article. If an application is not received
within the ninety-day period, then such existing sexually oriented
business shall cease operations.
B.
Application
for license.
(1)
License procedure. Any person, partnership or corporation desiring
to secure a 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, Building
Inspector, Planning Department, and to the applicant.
(2)
Required information. The application for a license shall be upon
a form approved by the City Administrator. An applicant for a license,
which shall include all partners or limited partners of a partnership
applicant, and all officers or directors of a corporate applicant,
and any others person who is interested directly in the ownership
or operation of the business, shall furnish the following information
under oath:
(a)
Name and address, including all aliases.
(b)
Written proof that the individual is at least 18 years of age.
(c)
All residential addresses of the applicant for the past 10 years.
(d)
The business, occupation or employment of the applicant for
10 years immediately preceding the date of application.
(e)
Whether the applicant previously operated in this or any other
state, county or municipality under an sexually oriented business
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.
(f)
All criminal conviction, whether federal or state or municipal
ordinance violation convictions, forfeiture of bond and pleadings
of no contest on all charges, except minor traffic violations.
(g)
Fingerprints and two portrait photographs at least two inches
by two inches of the applicant.
(h)
The address of the sexually oriented business to be operated
by the applicant.
(i)
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
the name and address of the registered agent, and all officers and
directors of the corporation.
C.
Standards
for the issuance of a license.
(1)
General requirements. To receive a license to operate a sexually
oriented business, 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]
Subject to Ch. 111, Wis. Stats., the applicant shall not have
been convicted of or pleaded no contest to a felony or any crime 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 applicant shall not have been found to have previously violated
this article within five years immediately preceding the date of application.
(b)
If the applicant is a corporation:
[1]
All officers, directors, and others required to be named under Subsection B(2) shall be at least 18 years of age.
[2]
Subject to Chapter 111, Wis. Stats., no officer, director, or other person required to be named under Subsection B(2) shall have been convicted of or pleaded no contest to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of application.
(c)
If the applicant is a partnership, joint venture, or any other
type of organization where two or more person have a financial interest:
[1]
All persons having a financial interest in partnership, joint
venture, or other type of organization shall be at least 18 years
of age.
[2]
No persons having a financial interest in the partnership, joint
venture or other type of organization shall, subject to Chapter 111,
Wis. Stats., have been convicted of or pleaded no contest to a felony
or any crime 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]
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 application.
(2)
Investigation. No license shall be issued unless the 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 14 days after the date of the application.
(3)
Inspection. The Building Inspector and Planning 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 14 days of the date of application
(4)
Proof. No license shall be issued unless the applicant provides proof
of one of the following:
(a)
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.
(b)
A lease on a building which is properly zoned to house a venture.
Proper zoning includes permissible nonconforming use status.
(c)
An option to purchase property which is properly zoned for the
venture. Proper zoning includes permissible nonconforming uses status.
(d)
An option to least property which is properly zoned for the
venture. Proper zoning includes permissible nonconforming use status.
D.
License
fee. A nonrefundable license application fee as prescribed in the
City's fee schedule shall be submitted with the application for a
license.
E.
Display
of license. The license shall be displayed in a conspicuous public
place in the sexually oriented business.
F.
Renewal
of license.
(1)
Every license issued pursuant to this article 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 City Administrator.
The application for renewal must be file 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 Prescott Police Department and 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.
(2)
A license renewal fee as prescribed in the City's fee schedule shall
be submitted with the application for renewal.
(3)
If the Prescott Police Department is aware of any information bearing
on the operator's qualifications, through a criminal background
check, that information shall be filed in writing with the City Administrator.
G.
Denial
of application.
(1)
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 regularly scheduled meeting of the Ordinance
Committee.
(2)
Failure or refusal of the applicant to give 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 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.
A.
No person, employee, entertainer or patron shall be permitted to
have any physical contact with any entertainer on the premises during
any performance. All performances shall only occur on a stage, or
on a table that is elevated at least 18 inches above the immediate
floor level and, to prevent actual physical contact between the entertainer
and any other person, employee or patron, shall not be less than five
feet from any area occupied by any patron. Patron shall not have any
physical contact with, and shall no be less than five feet from, any
entertainer during the payment of a tip or gratuity.
B.
The sale, use or consumption of alcoholic beverages on the premises
of a sexually oriented business is prohibited.
D.
It shall be the duty of the operator of each sexually oriented business
to ensure that an attendant is stationed at each public entrance to
the sexually oriented business at all times during such sexually oriented
business regular business hours. It shall be the duty of the attendant
to prohibit any person under the age of 18 years from entering the
sexually oriented business. It shall be presumed that an attendant
knew a person was under the age of 18 unless such attendant asked
for and was furnished:
E.
No person shall cause another to commit a violation of this article,
nor shall any person permit such violation to occur on any premise
under his/her control, tenancy, management or ownership.
F.
Hours of operation. No sexually oriented business regulated by this
section 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.
G.
Signs posted. All premises governed by this section shall be required
to post signs provided by the City of Prescott, which state:
|
By City Ordinance: The use or consumption of alcoholic beverages
on these premises is prohibited. No person shall be permitted to have
any physical contact with any entertainer. No person shall be less
than five feet from any entertainer, including during the payment
of tips. Violators may be subject to a fine of not less than $100
and not more than $500 per violation.
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H.
Doors. Each entryway to a sexually oriented business featuring live
entertainment shall through use of a vestibule, screening or double
doors, and with window coverings, eliminate any direct line of sight
from the public street area to any entertainer on the premises.
I.
Parking. Each business regulated by this section shall provide off-street
parking at a rate of one parking slip per five patrons, maintaining
this ratio as a percentage of maximum capacity.
J.
Exterior display. No adult use shall be conducted in any manner that
permits the observation of any material or words depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public street or highway or from any property not registered
as an adult use. This provision shall apply to any display, decoration,
sign, billboard, show window or other opening.
K.
Lighting. All areas of the establishment featuring nude or seminude
performers must be completely and adequately lighted with a minimum
of six candlepower.
Any sexually oriented business 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.
Access. Each booth, room, or cubicle shall be totally accessible
to and from aisles and public areas of the sexually oriented business
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 time of anyone occupying 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 same 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.
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 police upon demand of a member of the Police Department
at all reasonable 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 sexually oriented business shall allow any minor
to loiter around or to frequent a sexually oriented business or allow
any minor to view sexually oriented adult entertainment 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 there is conspicuously posted inside each
booth, stall, partitioned portion of room, or individual room an unmutilated
and undefaced sign or poster supplied by the City which contains information
regarding sexually transmitted diseases and the telephone number 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 City pertaining
to sexually transmitted diseases.
J.
The operator shall ensure there is posted regulation 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
viewing enclosures.
K.
The City shall charge its reasonable costs for supplying such poster,
brochures, pamphlets, and other information supplied under this section.
A.
All operators, employees and independent contractors working in any
sexually oriented business hereunder shall, prior to beginning employment
or contracted duties, register with the Police Department. Such registration
shall include the following:
B.
Upon registration, the Police Department 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 City inspecting officers while on duty
at such sexually oriented business.
C.
All registrations hereunder are valid for a period of one year.
D.
The registration fee shall be paid as prescribed in the City's fee
schedule per registration, which shall be paid to the Police Department
to cover the costs of the identification card.
E.
An annual registration fee shall be paid to the City per performer
as prescribed in the City's fee schedule.
A.
The provisions of this article do not apply to the following establishments:
theaters, performing arts centers, civic centers and dinner theaters
where live dance, ballet, music and dramatic performances of serious
artistic, social and political merit are offered on a regular basis
and in which the predominant business or attraction is not the offering
of entertainment which is intended for the sexual interest or titillation
of customers and where the establishment is not distinguished by an
emphasis on or the advertising or promotion of nude or seminude performances.
While expressive live nudity may occur within these establishments,
this article seeks only to minimize and prevent the secondary effects
of sexually oriented businesses on the community. Negative secondary
effects have not been associated with these establishments.
B.
All private and public schools, as defined in Ch. 115, Wis. Stats.,
located within the City of Prescott are exempt from obtaining a license
hereunder when instructing pupils in sex education as part of its
curriculum.
A.
Violation of the use provision of § 210-8 of this article is declared to be a public nuisance per se, which shall be abated by the City Attorney by way of civil abatement procedures.
B.
Any person, partnership, or corporation who violates any of the provisions of § 210-10 of this article shall be subject to a forfeiture of not less than $100 nor more than $500 per violation, plus the costs of prosecution. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this article constitutes sufficient grounds for suspending, revoking or not renewing an alcoholic beverage license under § 125.12, Wis. Stats.[1]
C.
In addition to any other action allowed by law or taken by the Common Council, including the action of license revocation or nonrenewal, anyone who violates any of the provisions of this article other than § 210-10 shall forfeit not less than $1,000 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.[2]
If any section, subsection, clause, phrase, word or provision of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this article. Specifically § 210-8, Location restrictions, and § 210-10, Regulation of sexually oriented businesses, should be considered separate, distinct and independent provisions, so that if either section is held invalid or unconstitutional for any reason, the other sections will remain valid and enforceable.[1]
