[HISTORY: Adopted by the Village Board of the Village of
Belleville as Title 7, Ch. 12, of the 1994 Code. Amendments noted
where applicable.]
A.
Purpose. The purpose of this chapter is to regulate sexually oriented
businesses in order to promote the health, safety, morals and general
welfare of the citizens of the Village of Belleville. The provisions
of this chapter have neither the purpose nor effect of regulating
obscenity 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 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. Neither
is it the intent nor effect of this chapter to condone or legitimize
the distribution of obscene material.
B.
Findings. Based on evidence concerning the adverse secondary effects
of sexually oriented businesses on the community presented in hearings
and in reports made available to the Board and on findings incorporated
in the cases of Erie v. Pap's A.M., 529 U.S. 277 (2000), Barnes
v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Renton v. Playtime
Theaters, Inc., 475 U.S. 41 (1986), New York State Liquor Authority
v. Bellanca, 452 U.S. 714 (1981), Young v. American Mini Theatres,
427 U.S. 50 (1976), G.M. Enterprises, Inc. v. Town of St. Joseph,
350 F.3d 631 (7th Cir. 2003), Ben's Bar v. Village of Summerset,
316 F.3d 702 (7th Cir. 2003), Blue Canary v City of Milwaukee, 251
F.3d 1121 (7th Cir. 2001), Genusa v. City of Peoria, 619 F.2d 1203
(7th Cir. 1980), Schultz v. City of Cumberland, 228 F.3d 831 (7th
Cir. 2000), Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996),
DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997), Matney
v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996), Northend Cinema,
Inc. v. City of Seattle, 585 P.2d 1153 (Wash. 1978), Kev, Inc. v.
Kitsap County, 793 F.2d 1053 (9th Cir. 1986), Hang On, Inc. v. City
of Arlington, 65 F.3d 11248 (5th Cir. 1995), East of the River Enterprises
II v. City of Hudson, 2000 Wis. App. Lexis 734 (Ct. App. Aug. 1, 2000);
East of the River Enterprises II v. City of Hudson, 2000 Wis. App.
116; Urmanski v. Town of Bradley, 2000 Wis. App. 141 (2000) and on
studies in other communities, 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; Dallas, Texas; Newport News, Virginia;
Islip, New York; New York, New York; St. Croix County, Wisconsin;
and Beaumont, Texas, which evidence the Board reasonably believes
is relevant to the potential problems caused by the adverse secondary
effects of sexually oriented businesses, the Board finds that:
(1)
Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make the owners of these establishments responsible for the activities
that occur on their premises.
(2)
Certain employees of sexually oriented businesses defined in this
chapter as adult theaters and cabarets engage in higher incidence
of certain types of illicit sexual behavior than employees of other
establishments.
(3)
Sexual acts, including masturbation and oral and anal sex, occur
at sexually oriented businesses, especially those which provide private
or semiprivate booths or cubicles for viewing films, videos, DVDs
or live sex shows.
(4)
Offering and providing such space encourages such activities, which
creates unhealthy conditions.
(5)
Persons frequent certain adult theaters, adult arcades, and other
sexually oriented businesses for the purpose of engaging in sex within
the premises of such sexually oriented businesses.
(6)
At least 50 communicable diseases may be spread by activities occurring
in sexually oriented businesses, including but not limited to syphilis,
gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital
herpes, hepatitis B, and trichomoniasis.
(7)
Since 1981 and to the present, there has been an increasing cumulative
number of reported cases of AIDS caused by the human immunodeficiency
virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600
in 1984, 8,555 in 1985 and 253,448 in 1992 and 888,675 through 2002.
HIV/AIDS Surveillance Report, United States Health and Human Services
Department, Centers for Disease Control, 2003.
(8)
As of December 30, 2002, there have been 5,386 reported cases of
AIDS and 8,233 reported cases of HIV infection in the State of Wisconsin.
Review of Wisconsin HIV Case Surveillance Data, Wisconsin Department
of Health and Family Services, September 30, 2003.
(9)
Since 1981 and to the present, there have been an increasing cumulative
number of persons testing positive for the HIV antibody test in the
State of Wisconsin.
(10)
In the United States each year, 3,000,000 people are infected
with chlamydia, 650,000 with gonorrhea, 70,000 with syphilis, 1,000,000
with herpes, 5,500,000 with human papillomavirus, 120,000 with hepatitis
B, and 5,000,000 with trichomoniasis. Overall, the Centers for Disease
Control (CDC) estimates there are 15,000,000 new cases of sexually
transmitted diseases each year. Tracking the Hidden Epidemics: Trends
in STDs in the United States, United States Health and Human Services
Department, Centers for Disease Control, 2000.
(11)
The Surgeon General of the United States in his report of October
22, 1986, has advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug abuse,
exposure to infected blood and blood components, and from an infected
mother to her newborn.
(12)
According to the best scientific evidence, AIDS and HIV infections,
as well as syphilis and gonorrhea, are principally transmitted by
sexual acts.
(13)
Sanitary conditions in some sexually oriented businesses are
unhealthy in part because the activities conducted there are unhealthy
and in part because of the unregulated nature of the activities and
the failure of the owners and the operators of the facilities to self-regulate
those activities and maintain those facilities.
(14)
Numerous studies and reports have determined that semen is found
in the areas of sexually oriented businesses where persons view adult-oriented
films.
(15)
The consumption of alcohol beverages on the premises of sexually
oriented businesses is an explosive combination, one that can beget
undesirable behavior and exacerbate the adverse secondary effects
of such businesses on the community.
(17)
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect these substantial
governmental concerns.
(18)
A reasonable licensing procedure is an appropriate mechanism
to place the burden of that reasonable regulation on the owners and
the operators of the sexually oriented businesses. Further, such a
licensing procedure will place a heretofore nonexistent incentive
on the operators to see that the sexually oriented business is run
in a manner consistent with the health, safety and welfare of its
patrons and employees, as well as the public. It is appropriate to
require reasonable assurances that the licensee is the actual operator
of the sexually oriented business, fully in possession and control
of the premises and activities occurring therein.
(19)
Requiring licensees of sexually oriented businesses to keep
information regarding current employees and certain past employees
will help reduce the incidence of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects
and by preventing minors from working in such establishments.
(20)
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases.
(21)
It is necessary to license entertainers in the adult entertainment
industry to prevent the exploitation of minors, to ensure that each
such entertainer is an adult and to ensure that such entertainers
have not assumed a false name, which would make regulation of the
entertainer difficult or impossible.
(22)
It is desirable in the prevention of the spread of communicable
diseases to obtain a limited amount of information regarding certain
employees who may engage in the conduct which this chapter is designed
to prevent or who are likely to be witnesses to such activity.
(23)
Proximity between entertainers and patrons during adult entertainment
performances can facilitate sexual contact, prostitution and related
crimes.
(24)
Removal of doors on adult booths and requiring sufficient lighting
on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters.
(25)
The license fees required in this chapter are necessary as nominal
fees imposed as necessary regulatory measures designed to help defray
the substantial expenses incurred by the Village in regulating sexually
oriented businesses.
(26)
The general welfare, health, morals and safety of the citizens
of the Village will be promoted by the enactment of this chapter.
(27)
It is not the intent of this chapter to suppress or censor any
expressive activities protected by the First Amendment of the United
States Constitution or Article I, § 3, of the Wisconsin
Constitution but rather to enact time, place and manner regulations
which address the compelling interests of the Village in mitigating
the secondary effects of sexually oriented businesses.
As used in this chapter, the following terms shall have the
meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated or, for any form of consideration, electronically,
electrically, or mechanically controlled still- or motion-picture
machines, projectors, video or laser disc players, 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 which has a significant or substantial
portion of its stock-in-trade or a significant or substantial portion
of its revenues or devotes a significant or substantial portion of
its interior business or advertising to the sale or rental for any
form of consideration of any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes, DVDs, or video or digital
reproductions, slides, or other visual representations which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas; or
Instruments, devices, or paraphernalia which 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, adult novelty
store, or adult video store. Such other business purposes will not
serve to exempt such commercial establishments from being categorized
as an adult bookstore, adult novelty store, 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 which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
A video store that sells and/or rents only videotapes, DVDs
or other photographic or computer-generated reproductions and associated
equipment shall come within this definition if 20% or more if its
stock-in-trade or revenue comes from the rental or sale of videotapes,
DVDs, or other photographic reproductions or associated equipment
which is characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, DVDs, slides or other
photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
An enclosed establishment with a capacity of fewer than 50
persons used for regularly featuring materials having as their dominant
theme, or distinguished or characterized by an emphasis on, matters
depicting, describing or relating to specified sexual activities or
specified anatomical areas, for observation by patrons therein.
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, DVDs, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; and
has 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.
An enclosed establishment with a capacity of 50 or more persons
where, for any form of consideration, films, motion pictures, videocassettes,
DVDs, slides, or similar photographic reproductions are regularly
featured which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified sexual activities or specified anatomical areas.
Such enclosures as are specifically offered to the public
or members of a sexually oriented business for hire or for a fee as
part of a business operated on the premises which offers as part of
its business the entertainment to be viewed within the enclosure,
which shall include, without limitation, such enclosures wherein the
entertainment is dispensed for a fee but a fee is not charged for
mere access to the enclosure. However, "booth," "room" or "cubicle"
does not mean such enclosures that are private offices used by the
owners, managers or persons employed on the premises for attending
to the tasks of their employment, which enclosures are not held out
to the public or members of the establishment for hire or for a fee
or for the purpose of viewing entertainment for a fee and are not
open to any persons other than employees, nor shall this definition
apply to hotels, motels, or other similar establishments licensed
by the State of Wisconsin pursuant to Ch. 50, Wis. Stats.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract 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.
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; or
The relocation of any sexually oriented business.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license, and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
Any place where a person who appears in a state of nudity
or who displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration. "Nude
model studio" shall not include a proprietary school licensed by the
State of Wisconsin or a college, junior college or university supported
entirely or in part by public taxation; a private college or university
which maintains and operates educational programs in which credits
are transferable to a college, junior college, or university supported
entirely or partly by taxation; or a structure:
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing;
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
Where no more than one nude or model is on the premises at any
one time.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of the entire nipple and areola, or the showing of
the covered male genitals in a discernibly turgid state.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A person knowingly or intentionally, in a public place:
Any location frequented by the public, or where the public
is present or like to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, beaches,
business and commercial establishments (whether for profit or not
for profit and whether open to the public at large or where entrance
is limited by a cover charge or membership requirement), bottle clubs,
hotels, motels, restaurants, nightclubs, country clubs, cabarets and
meeting facilities utilized by religious, social, fraternal or similar
organizations. Premises used solely as a private residence, whether
permanent or temporary in nature, shall not be deemed to be a public
place. "Public place" shall not include enclosed single sex public
rest rooms, enclosed single sex functional showers, locker and/or
dressing room facilities, enclosed motel rooms and hotel rooms designed
and intended for sleeping accommodations, doctors' offices, portions
of hospitals and similar places in which nudity or exposure is necessarily
and customarily expected outside of the home and the sphere of privacy
constitutionally protected therein. "Public place" does not include
a private facility which has been formed as a clothing optional facility,
properly licensed by the state.[1]
The content or activities that are described as being regularly
featured by a sexually oriented business are the permanent focus of
its business and are given special prominence by the business on a
permanent basis.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion-picture theater,
adult theater, escort agency, nude model studio, or sexual encounter
center.
Any of the following:
The increase in floor area occupied by the business by more
than 25%, as the floor area exists on the date this chapter takes
effect.
Includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
All sexually oriented businesses are subject to the regulations
in this chapter and are classified as follows:
A.
It is unlawful for any person:
(1)
To operate a sexually oriented business without a valid sexually
oriented business license issued by the Village pursuant to this chapter.
(2)
Who operates a sexually oriented business to permit a person to be
employed, work for or perform in the sexually oriented business who
is not licensed as a sexually oriented business employee by the Village
pursuant to this chapter.
(3)
Who is required under this chapter to have a sexually oriented business
employee license to be employed, to work for or to perform in a sexually
oriented business without having secured a sexually oriented business
employee license pursuant to this chapter.
(4)
To substantially enlarge a sexually oriented business without a valid
sexually oriented business license issued by the Village pursuant
to this chapter.
B.
A license may be issued only for one sexually oriented establishment
located at a fixed and certain place. Any person who desires to operate
more than one sexually oriented establishment must have a license
for each.[1]
C.
A licensee shall not transfer his/her license to another, nor shall
a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
D.
All sexually oriented businesses existing at the time of the passage
of this chapter must submit an application for a license within 45
days of the passage of this chapter.
E.
In the event of a transfer of ownership or control of a sexually
oriented business, the new owner shall apply for a license under this
chapter.
A.
This chapter shall not be construed to prohibit the following activities
or products:
B.
The provisions of this chapter are not intended to and do not prohibit
the simulation of sex acts which are part of nonobscene expression.
C.
Whether or not an activity is obscene shall be judged by consideration
of the following factors:
(1)
Whether the average person, applying contemporary community standards,
would find that the activity taken as a whole appeals to the prurient
interest in sex;
(2)
Whether the activity depicts or describes sexual conduct in a patently
offensive way, as measured against community standards; and
(3)
Whether the activity taken as a whole lacks serious literary, artistic,
political or scientific value.
A.
An application for a license under this chapter must be made on a
form provided by the Village.
B.
All applicants must be qualified according to the provisions of this
section. The application may request and the applicant shall provide
such information necessary to enable the Village to determine whether
the applicant meets the qualifications established in this section.
C.
If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty-percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under § 425-7.
D.
The completed application for a sexually oriented business license
shall contain the following information and shall be accompanied by
the following documents:
(1)
If the applicant is:
(a)
An individual, the individual shall state his/her legal name
and any aliases and submit proof that he/she is at least 18 years
of age.
(b)
A partnership, the partnership shall state its complete name,
the names of all partners, whether the partnership is general or limited,
and a copy of the partnership agreement, if any.
(c)
A corporation, the corporation shall state its complete name,
the date of its incorporation, evidence that the corporation is in
good standing under the laws of its state of incorporation, the names
and capacity of all officers, directors and principal stockholders,
and the name of the registered corporate agent and the address of
the registered office for service of process.
(2)
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he or she must state
the name of the sexually oriented business and submit the required
registration documents.
(3)
The classification of sexually oriented business license for which
the applicant is filing.
(4)
The location of the proposed sexually oriented business, including
a legal description of the property, street address, and telephone
number(s), if any.
(5)
The applicant's mailing address.
(6)
A sketch or diagram showing the configuration of the premises, including
a statement of total floor space occupied by the business. The sketch
or diagram need not be professionally prepared, but it must be drawn
to a designated scale or drawn with marked dimensions of the interior
of the premises to an accuracy of plus or minus six inches.
(7)
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, DVDs, other video or digital reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in § 425-11.
E.
Before
any applicant may be issued a sexually oriented business employee
license, the applicant shall submit on a form to be provided by the
Village the following information:
A.
Upon the filing of an application for a sexually oriented business
employee license, the Village Clerk/Treasurer shall issue a temporary
license to the applicant. The Village Clerk/Treasurer or the Clerk/Treasurer's
designee shall investigate the information set forth on the application.
The application process shall be completed within 45 days from the
date the completed application is filed. After the investigation,
the Village Clerk/Treasurer shall issue a license, unless it is determined
by a preponderance of the evidence that one or more of the following
findings is true:
(1)
The applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
(2)
The applicant is under the age of 18 years;
(3)
The sexually oriented business employee license is to be used for
employment in a business prohibited by local or state law, statute,
rule or regulation or prohibited by a particular provision of this
chapter; or
(4)
The license fee required by this section has not been paid.
B.
Upon the filing of an application for a sexually oriented business
license, the Village Clerk/Treasurer shall issue a temporary license
to the applicant. The Village Clerk/Treasurer or the Clerk/Treasurer's
designee shall investigate the information set forth on the application.
The application process shall be completed with 45 days from the date
the completed application is filed. After the investigation, the Village
Clerk/Treasurer shall issue a license, unless it is determined by
a preponderance of the evidence that one or more of the following
findings is true:[1]
(1)
An applicant is under 18 years of age.
(2)
The applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
(3)
The premises to be used for the sexually oriented business has not
been approved by the Village health, police, fire and building officials
as being in compliance with applicable laws and ordinances.
(4)
The license fee required by this chapter has not been paid.
(5)
An applicant for the proposed establishment is not in compliance
with any of the provisions of this chapter.
C.
A license under this chapter, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the regulated use for which the license is issued pursuant to § 425-4. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may easily read at any time.
D.
The Village health, police, fire and building officials shall complete
their certification that the premises is in compliance or not in compliance
with all applicable statutes and ordinances with 20 days of receipt
of the application by the Village.
E.
A sexually oriented business license shall issue for only one classification as found in § 425-3.
F.
A sexually oriented business license shall not be issued unless the
owner ensures that no specified anatomical areas and no specified
sexual activities are visible at any time from any public place that
is not the sexually oriented business in question.
G.
Whenever an application is denied, the Village Clerk/Treasurer shall
advise the applicant in writing of the reasons for such action. If
the applicant requests a hearing within 10 days of receipt of notification
of denial, a public hearing notice by a Class 1 notice shall be held
within 15 days thereafter in conformity with § 68.11(2)
and (3), Wis. Stats. A final determination stating the reasons therefor,
together with a copy of any official recording or transcript of the
hearing, shall be rendered within 20 days of the commencement of the
hearing. Judicial review shall be governed by § 68.13, Wis.
Stats.[2]
A.
Every person required to have a sexually oriented business license
shall post his or her license in his or her work area so that it is
readily available for public inspection.
B.
Every person, corporation, partnership, or association licensed under
this chapter shall display its license in a prominent place within
the establishment. In the case of adult cabarets, the name of the
manager on duty shall be prominently posted during business hours.
A.
Separation of sexually oriented adult entertainment performance area.
The portion of the adult cabaret premises in which dancing or other
types of performances involving specified sexual activities or stripping,
or where employees are wearing attire that is limited to fully and
opaquely covering of the human genitals, public area, vulva, anus,
anal cleft or cleavage and the entire nipple and areola of the female
breast, shall be a stage or platform (the "performance area") that
is separated from all patron seating or viewing areas in the following
ways:
B.
Physical contact prohibited. No person, employee or customer may
have any physical contact with any entertainer on the premises of
any sexually oriented business during any performance.
C.
Lighting. Sufficient lighting shall be provided and equally distributed
in and about the parts of the premises which are open to and used
by patrons so that all objects are plainly visible at all times and
so that on any part of the premises which is open to and used by patrons
a program, menu, or list printed in eight-point type will be readable.
D.
Submittal of plans. Building plans showing conformance with the requirements
of this section shall be included with any application for a sexually
oriented business license for an adult cabaret.
E.
Standards of conduct for employees. All employees of a sexually oriented
business must adhere to the following standards of conduct:[1]
(1)
No employee or holder of a sexually oriented business employee license
shall appear in attire that is limited to full and opaque coverage
of the human genitals, pubic area, vulva, anus, anal cleft or cleavage
and the entire nipple and areola of the female breast on any part
of the premises open to view of members of the public, except on a
stage or platform that meets the requirements described above.
(2)
No employee or holder of a sexually oriented business employee license
of an adult cabaret shall be visible from any public place other than
the sexually oriented business in question during the actual or apparent
hours of his or her employment or performance on the premises.
F.
Manager on premises. A manager, who shall be a licensed employee
and not an entertainer, shall be on duty at an adult cabaret business
premises at all times and shall verify that any employee or holder
of a sexually oriented business employee license who works or appears
within the premises possesses a current and valid sexually oriented
business employee license when one is required.
G.
Signs. Signs in letters at least 3/4 inch high shall be conspicuously
displayed in the public area of the establishment stating the following:
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This adult cabaret is regulated by the Village. Entertainers
are:
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a.
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Not permitted to engage in any type of sexual conduct with patrons;
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b.
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Not permitted to appear in a state of nudity;
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c.
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Not permitted to appear in attire that consists of only a full
and opaque covering of human male or female genitals, pubic area,
vulva, anus, anal cleft and cleavage, and the entire nipple and areola
of the female breast, except on a designated stage or platform;
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d.
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Not permitted to dance or model where patrons are congregated;
and
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e.
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Not allowed to have any physical contact with patrons during
any performance.
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A.
Evidence that a sleeping room in a hotel, motel, or similar commercial
establishments has been rented and vacated two or more times in a
period of time that is less than 10 hours creates a rebuttal presumption
that the establishment is an adult motel as that term is defined in
this chapter.
B.
A person commits a violation of this chapter if, as the person in
control of a sleeping room in a hotel, motel, or similar commercial
establishment that does not have a sexually oriented business license,
he rents or subrents a sleeping room to a person and, within 10 hours
from the time the room is rented, he rents or subrents the same sleeping
room again.
A.
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room, booth or cubicle of less than 150 square feet of
floor space a film, videocassette, DVD, live entertainment, or other
video or digital reproduction which depicts specified sexual activities
or specified anatomical areas shall comply with the following requirements:
(1)
Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more managers' stations and the
location of all overhead lighting fixtures and designating any portion
of the premises in which patrons will not be permitted. A manager's
station may not exceed 32 square feet of floor area. The diagram shall
also designate the place at which the permit will be conspicuously
posted, if granted. A professionally prepared diagram in the nature
of an engineer's or architect's blueprint shall not be required; however,
each diagram should be oriented to the north or to some designated
street or object and should be drawn to a designated scale or with
marked dimensions sufficient to show the various internal dimensions
of all areas of the interior of the premises to an accuracy of plus
or minus six inches. The Village may waive the foregoing diagram for
renewal applications if the applicant adopts a diagram that was previously
submitted and certifies that the configuration of the premises has
not been altered since it was prepared.
(2)
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Village.
(3)
It is the duty of the licensee of the premises to ensure that at
least one licensed employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
(4)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every
area of the premises to which any patron is permitted access for any
purpose, excluding rest rooms. Rest rooms may not contain video or
digital reproduction equipment. If the premises has two or more managers'
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose
from at least one of the manager's stations. The view required in
this subsection must be by direct line of sight from the manager's
station.
(5)
It shall be the duty of the licensee to ensure that the view area specified in Subsection A(4) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.
(6)
No viewing room may be occupied by more than one person at any time.
(7)
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access and an illumination of not less than five footcandles
as measured at the floor level.
(8)
It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
(9)
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
(10)
No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
(11)
The licensee shall cause all floor coverings in viewing booths
to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(12)
The licensee shall cause all wall surfaces and ceiling surfaces
in viewing booths to be constructed of, or permanently covered by,
nonporous, easily cleanable material. No wood, plywood, composition
board or other porous material shall be used within 48 inches of the
floor.
A.
A nude model studio shall not employ any person under the age of
18 years.
B.
A person under the age of 18 years commits an offense if the person
appears in a state of nudity in or on the premises of a nude model
studio. It is a defense to prosecution under this subsection if the
person under 18 years was in a rest room not open to public view or
visible to any other person.
C.
A person commits an offense if the person appears in a state of nudity
or knowingly allows another to appear in a state of nudity in an area
of a nude model studio premises which can be viewed from the public
right-of-way.
D.
A nude model studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a
reception room open to the public.
A.
It shall be a violation of this chapter for a person to knowingly
and intentionally, in a sexually oriented business, appear in a state
of nudity.
B.
It shall be a violation of this chapter for a person to knowingly
or intentionally, in a sexually oriented business, appear in attire
that consists of only a full and opaque covering of human male or
female genitals, pubic area, vulva, anus, anal cleft and cleavage,
and the entire nipple and areola of the female breast, unless the
person is an employee who, while in such attire, shall be at least
10 feet from any patron or customer and on a stage at least 24 inches
from the floor.
C.
It shall be a violation of this chapter for an employee, while in
attire that consists of only a full and opaque covering of human male
or female genitals, pubic area, vulva, anus, anal cleft and cleavage,
and the entire nipple and areola of the female breast, to knowingly
and intentionally touch a patron or customer or the clothing of a
patron or customer.
A person commits a violation of this chapter if the person knowingly
allows a person under the age of 18 years on the premises of a sexually
oriented business.
A person commits a violation of this chapter if the person knowingly
or intentionally commits a public indecency.
A person commits a violation of this chapter if the person knowingly
allows or otherwise participates in the sale, use or consumption of
alcohol beverages on the premises of a sexually oriented business.
A sexually oriented business, except for an adult motel, must
remain closed at all times between the hours of 12:00 midnight and
10:00 a.m. Monday through Saturday. No Sunday open hours are permitted
for sexually oriented business except for an adult motel.
A.
Every application for a sexually oriented business license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee as
prescribed in the Village Fee Schedule.[1]
B.
Every application for a sexually oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual nonrefundable application, investigation
and license fee as prescribed in the Village Fee Schedule.[2]
C.
All license applications and fees shall be submitted to the Village
Clerk/Treasurer.
A.
An applicant or licensee shall permit representatives of the Village
to inspect all portions of a premises of a sexually oriented business
in which patrons or customers are permitted for any reason for the
purpose of ensuring compliance with the law at any time it is occupied
or open for business.
B.
A person who operates a sexually oriented business or his agent or
employee commits a violation of this chapter if he refuses to permit
such lawful inspection of the premises.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 425-6. Application for renewal shall be made at least 45 days before the expiration date, and when made less than 45 days before the expiration date, the expiration of the license will not be affected.
B.
When the Village denies renewal of a license, the applicant shall
not be issued a license for one year from the date of denial. If,
subsequent to denial, the Village finds that the basis for denial
of the renewal license has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date denial became final.
The Village shall suspend a license for a period not to exceed
30 days if it determines that a licensee or an employee of a licensee
has:
A.
The Village shall revoke a license if a cause of suspension in § 425-22 occurs and the license has been suspended within the preceding 12 months.
B.
The Village shall revoke a license if it determines that:
(1)
A licensee gave false or misleading information in the material submitted
during the application process;
(2)
A licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the premises;
(4)
A licensee knowingly operated the sexually oriented business during
a period of time when the licensee's license was suspended;
(5)
Except in the case of an adult motel, a licensee has knowingly allowed
any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other sex act to occur in or on the licensed premises; or
(6)
A licensee is delinquent in payment to the Village, county, or state
for any taxes or fees past due.
C.
When the Village revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued a sexually oriented
business license for one year from the date the revocation became
effective. If, subsequent to revocation, the Village finds that the
basis for the revocation has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the revocation became effective.
It is a defense to prosecution under § 425-14 that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a proprietary school, licensed by the State of Wisconsin, a college,
junior college, or university supported entirely or partly by taxation;
B.
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
C.
In a structure:
(1)
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing;
(2)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(3)
Where no more than one nude model is on the premises at any one time.
A.
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of any provisions of this chapter is subject to a suit for injunction as well as prosecution for violations of this chapter. Such violations shall be subject to forfeiture and other costs as provided in § 1-4 of this Code. Each day a violation continues constitutes a separate offense or violation.
B.
The remedies found in this chapter are not exclusive, and the Village
may seek any other legal or equitable relief, including but not limited
to enjoining any acts or practices which constitute or will constitute
a violation of any business license ordinances or other regulations
herein adopted.
Chapter 68, Wis. Stats., shall govern the administrative procedure
and review regarding the granting, denial, renewal, nonrenewal, revocation
and suspension of a license. After denial of an application, or denial
of a renewal of an application, or suspension or revocation of any
license, as provided for in this chapter, the applicant or licensee
may seek prompt judicial review of such administrative action in any
court of competent jurisdiction. The administrative action shall be
promptly reviewed by the court.
