[HISTORY: Adopted by the Town Board of the Town of Trenton 5-15-2012 by Ord. No. 2012-02. Amendments noted where applicable.]
Intoxicating liquor and fermented malt beverages — See Ch. 237.
Peace and good order — See Ch. 295.
Smoking and tobacco products — See Ch. 332.
Zoning — See Ch. 380.
Editor's Note: This chapter was adopted as Ch. 381 but was renumbered in order to preserve the alphabetical organization of the Code.
These regulations are adopted under the authority granted by §§ 60.62, 61.35, 62.23(7) and 66.0103, Wis. Stats., the Town Board having been granted Village Board powers of a continuing nature by the Town Meeting held on April 4, 1972. This chapter may be referred to as the "Adult-Oriented Establishments" and is hereby adopted as part of the Code of the Town of Trenton, Washington County, Wisconsin, pursuant to § 66.0103, Wis. Stats.
Several studies have documented the significant adverse secondary effects on surrounding communities caused by adult-oriented establishments. The Town Board has considered the following studies, cases and reports:
Rural Hot Spots: The Case of Adult Businesses, by Richard McCleary, explaining that although most studies regarding adult-oriented establishments are conducted in urban settings, the results can be translated to rural areas.
Crime-Related Secondary Effects of Sexually-Oriented Businesses, by Richard McCleary, finding that criminal activity is higher near adult-oriented establishments.
Report by Beaumont, Texas City Planning Department finding that criminal activity is higher at adult-oriented establishments.
Town of Fairhaven 1998 Report on Findings Concerning Impacts of Sexually Oriented Business.
Report to Palm Beach County Attorney, by Valerie Jenness, Ph.D., Richard McCleary, Ph.D., James W. Meeker, JD, Ph.D., August 15, 2007.
The consumption of alcoholic beverages on the premises of sexually oriented businesses exacerbated the deleterious secondary effects of such businesses on the community. In fact, the Supreme Court has gone so far as to assert that "[c]ommon sense indicates that any form of nudity coupled with alcohol begets undesirable behavior," Ben's Bar, Inc., v. Village of Sommerset, 2003 WL 132541 (7th Cir. 2003).
Evidence presented in hearings for City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), FW/PBS, Inc., v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v, Pap's A.M., 120 S. Ct. 1382 (2000), East of River Enterprises II v. City of Hudson, 2000 Wisc. App. 734; Ben's Bar, Inc., v. Village of Sommerset, 2003 WL 132541 (7th Cir. 2003).
The Judge's findings in Green Valley Investment LLC v. County of Winnebago, 790 F.Supp.2d 947 (2011) showing reasonable regulations of time and place restrictions do not violate the First Amendment.
Findings and reports made available by the Village of Grafton, Wisconsin in their adoption of adult-oriented establishment regulations.
Study of Calls for Service to Adult Entertainment Establishments which Serve Alcoholic Beverages, by Fulton County Georgia Police Department, explaining the increased risk of crime when adult-oriented establishments are permitted to serve alcoholic beverages.
First-hand reports of increased crime from the Town of Trenton Chief of Police with experience in surrounding communities, including Grafton, Wisconsin and Milwaukee, Wisconsin.
The Town Board recognizes these adverse secondary effects and also recognizes the presence of alcohol in adult cabarets causes further undesirable behavior.
The Town Board believes that experiences and studies of other communities set forth above are relevant in addressing the secondary effects of adult-oriented establishments in the Town of Trenton.
The regulations in this chapter are not aimed at the content of any speech. This chapter has the purpose and effect of mitigating and/or controlling the adverse secondary effects of adult-oriented establishments while completely avoiding regulation of content.
The Town Board concludes:
Adult-oriented establishments regulated by this chapter have adverse secondary effects.
The adverse secondary effects of adult-oriented establishments tend to diminish if such establishments are governed by content-neutral regulations.
The consumption of alcoholic beverages on the premises of an adult cabaret exacerbates the secondary effects of such establishments.
As used in this chapter, the following terms shall have the meanings indicated:
- A. A retail establishment that has as 30% or more of its business sale or rental.
- B. As used in this definition, publications include, by way of illustration, books, magazines, other periodicals, movies, videotapes, DVDs, and other products offered in photographic, electronic, magnetic, digital, or other imaging medium.
- C. Any of the following shall be indicia that an establishment has as one of its principal business purposes the sale or rental of publications which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or genitals, as defined in this section, and/or sexually oriented devices, as defined in this section:
- (1) The business advertises the sale or rental of adult publications, including x-rated movies and/or sexually oriented devices;
- (2) Access by persons under 18 years of age to the business establishment or portions of the business establishment is restricted;
- (3) Signs or notices are posted outside and/or inside the business establishment indicating that the material offered for sale or rental might be offensive;
- (4) The building or portion of the building containing the business establishment does not have windows or has windows that are screened or otherwise obstructed or are situated in a manner that restricts visual access from outside the building to materials displayed within for sale or rental;
- (5) The above factors shall be considered along with all other factors and available information.
- D. Notwithstanding the foregoing, a general circulation video store that does not offer for sale any sexually oriented devices shall not constitute an "adult bookstore" even though it offers for sale and/or rental videotapes or DVDs which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities, as defined in this section, so long as:
- (1) Such described videotapes or DVDs are stocked and displayed in a room separate from the area of the business establishment where general circulation videotapes or DVDs are stocked and displayed;
- (2) Access by persons under 18 years of age to the room where such described videotapes or DVDs are stocked and displayed is restricted;
- (3) The square footage of the separate room where such described videotapes or DVDs are stocked and displayed is no more than 10% of the square footage of the area where general circulation videotapes or DVDs are stocked and displayed; and
- (4) The general circulation videotapes or DVDs portion of the business establishment offers a quantity and selection of new release general circulation videotapes or DVDs that is typical of a general circulation video store and offers a quantity and selection of other general circulation videotapes or DVDs that are organized and displayed in a manner that is typical of a general circulation video store.
- ADULT CABARET
- An establishment that regularly features dancers or other entertainers who provide live adult entertainment, including floor shows, exotic dancing, or similar entertainment and engage in a private performance, act as private models, display or expose the specified anatomical areas to a patron or customer, or wear or display to a customer any covering, tape, pastie, or other device which simulates or gives the appearance of the display or exposure of any specified anatomical area.
- ADULT-ORIENTED ESTABLISHMENT
- Includes adult bookstores and adult cabarets.
- SEXUALLY ORIENTED DEVICE
- Any three-dimensional object designed and marketed for stimulation of the male or female human genitals, anus, female breast, or for sadomasochistic use or sexual abuse of oneself or others and shall include devices such as dildos, vibrators, and penis pumps. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
- SPECIFIED SEXUAL ACTIVITIES
- Simulated or actual:
- A. Showing of human genitals in a state of sexual stimulation or arousal;
- B. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, or cunnilingus;
- C. Fondling or erotic touching of human genitals, pubic region, or areola or nipple of a female breast;
Adult-oriented establishments shall only be a permitted use in the M-l Zoning District under the Town of Trenton Code, § 380-27. The restrictions of § 380-27A, G and H shall not apply for adult-oriented establishment use. Accordingly, adult-oriented establishments may be operated or maintained only within the M-1 Zoning District.
No adult-oriented establishment shall be open between the hours of 2:00 a.m. and 8:00 a.m., Monday through Friday, or between the hours of 2:00 a.m. and 8:00 a.m. on Saturdays and Sundays.
The sale, use, or consumption of any alcoholic beverages, fermented malt beverages, or intoxicating liquors on the premises of an adult cabaret is prohibited.
Any person, partnership, or corporation found to have violated any provision of this chapter shall, upon conviction of such violation, be subject to a penalty of a civil forfeiture of not less than $10 nor more than $500, together with costs of prosecution. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this chapter shall preclude the Town from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter.
If any provision of this chapter is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of this chapter.
All public and private schools, as defined in Chapter 115 of the Wisconsin Statutes, are exempt from obtaining a license hereunder when instructing pupils in sex education as part of the curriculum.
All ordinances or parts of ordinance in conflict with the provisions of this chapter are hereby repealed.