A.
Sexually oriented businesses require special supervision from the
public safety agencies of the Village of Woodville in order to protect
and preserve the health, safety and welfare of the patrons of such
businesses as well as the citizens of the Village of Woodville;
B.
The Village Board finds that sexually oriented businesses are frequently
used for unlawful sexual activities, including prostitution and sexual
liaisons of a casual nature;
C.
The concern over sexually transmitted diseases is a legitimate health
concern of the Village Board which demands reasonable regulation of
sexually oriented businesses in order to protect the health and well-being
of the citizens;
D.
There is convincing documented evidence that sexually oriented businesses
have a deleterious effect on both the existing businesses around them
and the surrounding residential areas adjacent to them, causing increased
crime and the downgrading of property values;
E.
The Village Board desires to minimize and control these adverse effects
and thereby protect the health, safety and welfare of the citizenry,
protect the citizens from increased crime, preserve the quality of
life, preserve the property values and character of surrounding neighborhoods
and deter the spread of urban blight;
F.
The Village Board has determined that locational criteria will assist
in the protection of the health, safety and general welfare of the
people of the Village of Woodville; and
G.
It is not the intent of the Village Board to condone or legitimize
the distribution of obscene material, and the Village Board recognizes
that state and federal law prohibit the distribution of obscene materials
and expects and encourages state law enforcement officials to enforce
state obscenity statutes against any such illegal activities in the
Village of Woodville.
A.
Intent. It is the intent of this article to promote the health, safety
and general welfare of the citizens of the Village of Woodville and
to establish reasonable and uniform regulations to prevent the deleterious
location and concentration of sexually oriented businesses within
the Village of Woodville. The provisions of this article have neither
the purpose nor effect of imposing a limitation or restriction on
the content of any communicative materials, including sexually oriented
materials. Similarly, it is not the intent or 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 or effect of this article to condone
or legitimize the distribution of obscene materials.
B.
Findings. Based on evidence concerning the adverse secondary effects
of adult uses on communities stated above, and on findings incorporated
in the cases of City of Erie v. Pap's A.M., 120 S.Ct 1382 (2000);
City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young
v. American Mini Theatres, 426 U.S. 50 (1976); Barnes V. Glen Theatre,
Inc., 501 U.S. 560 (1991); Arcara v. Cloud Books, Inc., 478 U.S. 697
(1986); California v. LaRue, 409 U.S. 109 (1972); Iacobucci v. City
of Newport, Ky., 479 U.S. 92 (1986); United States v. O'Brien,
391 U.S. 367 (1968); Schultz v. City of Cumberland, Case Nos. 98-4126
and 98-4209 (7th Cir., September 26, 2000) (2000 U.S. App. Lexis 23773);
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); East of the River
Enterprises II v. City of Hudson, 2000 Wisc. App. Lexis 734 (Ct. App.
August 1, 2000); and Urmanski v. Town of Bradley, 2000 WI App. 141,
613N.W.2d 905 (Ct. App. 2000), as well as studies conducted in other
cities, including but not limited to Phoenix, Arizona; Minneapolis,
Minnesota; Houston, 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 Regulation of Adult Entertainment Establishments
in St. Croix County, Wisconsin, and the Report of the Attorney General's
Working Group of the Regulation of Sexually Oriented Businesses (June
6, 1989, State of Minnesota), the Village Board finds that:
(1)
Crime statistics show that all types of crimes, especially sex-related
crimes, occur with more frequency in neighborhoods where sexually
oriented businesses are located.
(2)
Studies of the relationship between sexually oriented businesses
and neighborhood property values have found a negative impact on both
residential and commercial property values.
(3)
Sexually oriented businesses may contribute to an increased public
health risk through the spread of sexually transmitted diseases.
(4)
There is an increase in the potential for infiltration by organized
crime for the purpose of unlawful conduct.
(5)
The consumption of alcoholic beverages on the premises of a sexually
oriented business exacerbates the deleterious secondary effects of
such businesses on the community.
The following definitions are applicable in this article:
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-picture machines, 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 representations 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 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 nightclub, dance hall, bar, restaurant, or similar commercial
establishment that regularly features:
Persons who appear in a state of nudity or semi-nudity;
Live performances that are characterized by specified sexual
activities; or
Films, motion pictures, videocassettes, slides, or other photographic
or computer reproductions or depictions that are characterized by
the depiction or description of specified sexual activities or nudity.
A hotel, motel, or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and which may have
a sign visible from the public right-of-way which advertises the availability
of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
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.
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear, in person,
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.
The female mammary gland.
The area at the rear of the human body referred to as the
gluteus maximus; the fleshy part of the body at the back of the hips
upon which a person sits.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, or
independent basis, whether or not the person is denominated an employee,
independent contractor, agent, or otherwise, and whether or not 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
for another person.
A person or business association who or which furnishes,
offers to furnish, or advertises to furnish escorts as one of its
primary business purposes for a fee, tip, 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 or not a sexually
oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business;
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 Village or not, that provides
care, training, education, custody, treatment or supervision for more
than 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 anus, anal cleft or cleavage,
pubic area, male genitals, female genitals, or the nipple or areola
of the female breast, with less than a fully opaque covering, or the
showing of the covered male genitals in a discernibly turgid state.
The person on the premises who is responsible for the control
and management of the sexually oriented business.
A customer on the premises of a 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.
A business or commercial enterprise that, as one if its principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, or sexual encounter center.
Less than completely and opaquely covered:
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 or 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 interests
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 adult oriented establishments or sexually oriented
businesses on the community. Negative secondary effects have not been
associated with these establishments.
A violation of this article or a zoning provision conforming to § 193-29 is declared to be a public nuisance per se which shall be abated by the Village Attorney by way of civil abatement procedures.
