[HISTORY: Adopted by the Village Board of the Village of
East Troy 4-3-2000 by Ord. No. 2000-2 as Title 7, Ch. 8, of the 2000
Code. Amendments noted where applicable.]
For purposes of this chapter, the following terms have the meanings
indicated:
An establishment or business which provides the service of
baths of all kinds, including all forms and methods of hydrotherapy,
which 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, as defined in this chapter.
An establishment or business wherein patrons are afforded
an opportunity to paint images on a body which is wholly or partially
nude. For purposes of this chapter, "adult body painting studio" shall
not be deemed to include a tattoo parlor.
An establishment having as a substantial or significant portion
of its stock-in-trade, for sale, rent, lease, inspection or viewing,
books, films, videocassettes, magazines or other periodicals which
are distinguished or characterized by their emphasis on matters depicting,
describing or related to specified anatomical areas or specified sexual
activities, as defined below, or an establishment with a segment or
section devoted to the sale, rental or display of such material.
A cabaret which features dancers, strippers, male or female
impersonators, or similar entertainers performing or presenting material
having as its dominant theme, or distinguished or characterized by
an emphasis on, any actual or simulated specified sexual activities
or specified anatomical areas, as defined below.
Any exhibition of any motion pictures, live performances,
display or dance of any type which has as its dominant theme or is
distinguished or characterized by an emphasis on any actual or simulated
specified sexual activities or specified anatomical areas, as defined
below.
An establishment or business, with or without sleeping accommodations,
which provides services of massage and body manipulation, including
exercises, heat and light treatments of the body, and all forms and
methods of physiotherapy, not operated by a medical practitioner or
professional physical therapist licensed by the State of Wisconsin,
and which establishment provides for its patrons the opportunity to
engage in specified sexual activity, as defined in this chapter.
An enclosed building with a capacity of fewer than 50 persons
used for presenting material having as its dominant theme or distinguished
or characterized by an emphasis on matters depicting, describing or
related to specified sexual activities or specified anatomical areas,
as defined below, for observation by patrons therein.
An establishment or business which provides the service of
modeling for the purpose of reproducing the human body wholly or partially
in the nude, by means of photography, painting, sketching, drawing
or otherwise.
An enclosed building with a capacity of 50 or more persons
used for presenting material having as its dominant theme or distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas,
as defined below, for observation by patrons therein.
An establishment or business having as a substantial or significant
portion of its stock and trade in novelty or other items, including
but not limited to movies, tapes, videos, books, etc., which are distinguished
or characterized by their emphasis on, or designed for, specified
sexual activity, or simulating such activity, as defined herein.
Any premises, including, without limitation, adult bathhouses,
adult body painting studios, adult bookstores, adult cabarets, adult
massage parlors, adult mini motion-picture theaters, adult modeling
studios, adult motion-picture theaters or adult novelty shops. It
further means any premises to which public patrons or members are
invited or admitted and which is physically arranged so as to provide
booths, cubicles, rooms, compartments or stalls separate from the
common area of the premises for the purpose of viewing adult-oriented
motion pictures, or wherein an entertainer provides adult entertainment
to a member of the public, a patron or a member, whether or not such
adult entertainment is held, conducted, operated or maintained for
a profit, direct or indirect. "Adult-oriented establishment" further
includes, without limitation, any premises physically arranged and
used as such whether advertised or represented as an adult entertainment
studio, rap studio, exotic dance studio, encounter studio, sensitivity
studio, modeling studio, or any other term of like import.[2]
Enclosures that are specifically offered to the public or
members of an adult-oriented establishment 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.
This 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," "cubicle," "room,"
"compartment" or "stall" 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 person other than employees, nor shall this
definition apply to hotels, motels, or other similar establishments
licensed by the State of Wisconsin, pursuant to Wisconsin law.
A dancer, stripper, impersonator or similar performer referred
to in the definition of "adult cabaret" in this section.
Any person, association, partnership or corporation operating,
conducting, maintaining or owning any adult-oriented establishment.
Simulated or actual:
A.
License.
(1)
Except as provided below, from and after the effective date of this
chapter, no adult-oriented establishment shall be operated or maintained
in the Village of East Troy without first obtaining a license to operate
issued by the Village of East Troy Board.
(2)
A license may be issued only for one adult-oriented establishment
located at a fixed and certain location. Any person who desires to
operate more than one adult-oriented establishment must have a license
for each.
(3)
No license or interest in a license may be transferred to any person.
(4)
All adult-oriented establishments existing at the time of the passage
of this chapter must submit an application for a license within 90
days of the passage of this chapter. If an application is not received
within said ninety-day period, then such existing adult-oriented establishment
shall cease operations.
B.
Application for license. Any person, partnership or corporation desiring
to secure a license shall make application to the Village Clerk.
The application shall be dated by the Village Clerk. A copy of
the application shall be distributed promptly to the Village of East
Troy Police Department. The application for a license shall be upon
a form provided by the Village Clerk. An applicant for a license
interested directly in the ownership or operation of the business
shall furnish the following information, under oath:
[Amended 12-16-2019 by Ord. No. 2019-02]
(1)
The name and address of the intended operator.
(2)
The name and address of the owner of the premises, if different from
the operator.
(3)
The name and address of the adult-oriented establishment to be operated
by the applicant.
(4)
Written proof that the individual is at least 18 years of age.
(5)
The address of the adult-oriented establishment to be operated by
the applicant, and the exact nature of the adult-oriented use to be
conducted at the address.
(6)
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 agents, and the name and address
of all shareholders who individually or jointly own or control more
than 49% of the stock in said corporation, and all persons responsible
for the management and operation of the adult-oriented establishment.
(7)
If the establishment is in operation, the date on which the owner
acquired the establishment for which the license is sought and the
date on which the establishment began operations as an adult-oriented
business at the location for which the license is being sought.
(8)
If the establishment is a corporation, a certified copy of the articles
of incorporation and a certified copy of a certificate of good standing,
disclosing that the corporation is authorized to transact business
in the State of Wisconsin.
(9)
Proof of the current fee ownership of the tract of land on which
the establishment is to be situated in the form of a copy of a recorded
deed.
(10)
If the operator is not the fee owner of the tract of land, then
the lease, purchase contract, purchase option contract, lease option
contract, or other documents evidencing the legally enforceable right
of the owners or proposed owners of the establishment to have or obtain
the use and possession of the tract of land for the establishment.
(11)
If the applicant is a partnership or joint venture, or any other
type of organization where two or more persons have a financial interest,
the application shall specify the name of the entity, the name and
address of any general partner(s) and all persons responsible for
the management and operation of the adult-oriented establishment.
C.
Issuance or denial.
[Amended 12-16-2019 by Ord. No. 2019-18]
(1)
Within 60 days of receiving an application for a license, the Village Clerk shall
notify the applicant whether the application is granted or denied,
or being held for up to an additional 60 days, unless otherwise agreed
to by the applicant.
(2)
Whenever an application is denied, the Village Clerk 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 shall be held before the Village Board.
(3)
Failure or refusal of the applicant to give any information relevant
to the investigation of the application, or his/her refusal or failure
to appear at any reasonable time and place for examination under oath
regarding said application, or his/her refusal to submit to or cooperate
with any investigation required by this chapter, shall constitute
an admission by the applicant that he/she is ineligible for such license
and shall be grounds for denial thereof by the Village Clerk.
D.
Standards for issuance of license. To receive a license to operate
an adult-oriented establishment, an application must meet the following
standards:
(1)
If the applicant is an individual:
(a)
The applicant shall be at least 18 years of age.
(b)
The applicant shall not have been found to have previously violated
this chapter or an ordinance of like terms in another jurisdiction,
or have been arrested or convicted for a violation for which license
may be denied under § 111.335, Wis. Stats., within five
years immediately preceding the date of the application.
(2)
If the applicant is a corporation:
(b)
No person required to be named under Subsection B above shall have been found to have previously violated this chapter or an ordinance of like terms in another jurisdiction, or have been arrested or convicted for a violation for which license may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
(3)
If the applicant is a partnership, joint venture or any other type
of organization where two or more persons have a financial interest:
(b)
No person required to be named under Subsection B(11) shall have been found to have violated any provision of this chapter or any ordinance of like terms in another jurisdiction, or have been arrested or convicted for a violation for which license may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
E.
Fees. A license fee set by the Village Board shall be submitted with
the application for a license. If the application is denied, 1/2 of
the fee shall be returned.
[Amended 6-15-2015 by Ord. No. 2015-02]
G.
Renewal of license.
(1)
Every license issued pursuant to this chapter will terminate at the
expiration of one year from the date of issuance or the following
June 30, whichever is earlier, unless sooner revoked, and must be
renewed before operation is allowed in the following fiscal year.
Any operator desiring to renew a license shall make application to
the Village Clerk. The application for renewal must be filed
not later than 90 days before the license expires. The application
for renewal shall be filed with and dated by the Village Clerk.
A copy of the application for renewal shall be distributed promptly
to the East Troy Police Department. The Clerk shall require
complete information and data, given under oath or affirmation, as
is required for an application for a new license.
[Amended 12-16-2019 by Ord. No. 2019-02]
(2)
A license renewal fee set by the Village Board shall be submitted
with the application for renewal. In addition to the renewal fee,
a late fee set by the Village Board shall be assessed against an applicant
who files for a renewal less than 90 days before the license expires.
If the application is denied, 1/2 of the total fees collected shall
be returned.
[Amended 6-15-2015 by Ord. No. 2015-02]
H.
Suspension or revocation of license.
(1)
The Village Board may revoke a license for any of the following reasons:
(a)
Discovery that false or misleading information or data was given
on any application, or material facts were omitted from any application.
(b)
The operator or any employee of the operator violated any provision
of this chapter or any rule or regulation adopted by the Village Board
pursuant to this chapter; provided, however, that in the case of a
first offense by an operator where the conduct was solely that of
an employee, the penalty shall not exceed a suspension of 60 days,
if the Village Board shall find that the operator had no actual or
constructive knowledge of such violation and could not, by the exercise
of due diligence, have such actual or constructive knowledge.
(c)
The operator becomes ineligible to obtain a license.
(d)
Any cost or fee required to be paid by this chapter is not paid.
(2)
The Village Board, before revoking or suspending any license or permit,
shall give the operator at least 10 days' written notice of the charges
against the operator and the opportunity for a public hearing before
the Village Board.
(3)
The transfer of a license or any interest in a license shall automatically
and immediately revoke the license.
(4)
Any operator whose license is revoked shall not be eligible to receive
a license for one year from the date of revocation. No location or
premises for which a license has been issued shall be used as an adult-oriented
establishment for six months from the date of revocation of the license.
A.
Exterior. It shall be unlawful for an owner or operator of an adult-oriented
establishment:
(1)
To allow the merchandise or activities of the establishment to be
visible from a point outside the establishment.
(2)
To allow the exterior portion of the adult-oriented establishment
to have flashing lights, or any words, lettering, photographs, silhouettes,
drawings, or pictorial representations of any manner, except to the
extent permitted by this chapter.
(3)
To allow exterior portions of the establishment to be painted in
a color other than a single color.
C.
Booth/room/cubicle. Any adult-oriented establishment having available
for customers, patrons or members a booth, room or cubicle for the
private viewing of any adult entertainment must comply with the following
requirements:
(1)
Access. Each booth, room or cubicle shall be totally accessible to
and from aisles and public areas of the adult-oriented establishment
and shall be unobstructed by any door, lock or other control-type
devices.
(2)
Construction. Every booth, room or cubicle shall meet the following
construction requirements:
(a)
Each booth, room or cubicle shall be separated from adjacent
booths, rooms or cubicles and any nonpublic areas by a wall.
(b)
Each booth, room or cubicle shall have at least one side totally
open to a public lighted aisle so that there is an unobstructed view
at all times of anyone occupying the same.
(c)
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.
(d)
The floor must be light colored, nonabsorbent, smooth textured
and easily cleanable.
(e)
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.
(3)
Occupants. Only one individual shall occupy a booth, room or cubicle
at any time. No occupants 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.
D.
Responsibilities of the operator.
(1)
Every act or omission by an employee constituting a violation of
the provisions of this chapter 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 by omission.
(2)
Any act or omission of any employee constituting a violation of the
provisions of this chapter shall be deemed the act or omission of
the operator for the purpose of determining whether the operator's
license shall be revoked, suspended or renewed.
(3)
No operator or employee of an adult-oriented establishment shall
allow any minor to loiter around or to frequent an adult-oriented
establishment or allow any minor to view adult entertainment as defined
herein.
(4)
The operator shall maintain the premises in a clean and sanitary
manner at all times.
(5)
The operator shall maintain at least 10 footcandles of light in the
public portions of the establishment, including aisles, at all times.
However, if a lesser level of illumination in the aisles shall be
necessary to enable a patron to view the adult entertainment in a
booth, room or cubicle adjoining an aisle, a lesser amount of illumination
may be maintained in such aisles; provided, however, that at no time
shall there be less than one footcandle of illumination in said aisles,
as measured from the floor.
(6)
The operator shall ensure compliance of the establishment and its
patrons with the provisions of this chapter.
(7)
No operator shall suffer, allow or permit any employee or performer
to touch, and no employee or performer shall intentionally touch,
the clothed or unclothed body of any patron or customer at the establishment
premises, at any point below the neck and above the knee of the person,
excluding that part of the person's arm below the wrist, commonly
referred to as the hand. It shall further be unlawful for any patron
or customer in or upon the establishment premises to touch any portion
of the clothed or unclothed body of an operator, employee or performer
below the neck and above the knee, excluding that part of the operator's,
employee's or performer's arm below the wrist.
E.
Display of chapter. This chapter shall be displayed on the exterior
of every licensed premises with such chapter to be clearly visible
to patrons entering the premises from the outside and shall be posted
within eight feet of any exterior entryway. This chapter shall also
be placed in each room and any enclosed location or booth within an
establishment licensed under this chapter. The Village Board may,
by formal motion or resolution, authorize the posting of an abbreviated
form of this chapter, so as to notify patrons, employees and operators
of the regulations stated in this section. The exterior signs shall
be in block letters, written in black on a white background surface,
and be no less than one inch in size. The interior signs shall be
of a similar type and color, with a minimum height of 1/2 inch each.
Upon application of the owner, abbreviated versions of this chapter
may be posted or other amendments to this section may be approved,
consistent with the intent of this chapter in keeping affected persons
apprised of the requirements of this chapter.
A.
Any person desiring to provide entertainment in the Village of East
Troy as an entertainer at any facility governed by this chapter, before
engaging in any such entertainment, shall register at the Village
of East Troy Police Department. The individual shall provide full
name and permanent address, date and place of birth, information concerning
height, weight, hair and eye color, gender and race, two forms of
identification, with at least one form being photo identification,
confirming such information, fingerprints, stage name and booking
agent, if any, accompanied by a fee set by the Village Board. Such
registration shall be valid for one year from date of registration
or, if employed by an establishment holding a liquor license, such
registration shall be valid until June 30 following issuance.[1]
B.
Upon registration, the Police Department will provide to each registered
entertainer an identification card containing the individual's
photograph. Upon request of any law enforcement officer, this identification
card shall be made available for inspection, at any time the individual
is performing duties upon the premises. A duplicate original shall
be displayed at the licensed premises.
All private schools and public schools as defined in Ch. 115,
Wis. Stats., located within the Village of East Troy are exempt from
obtaining a license hereunder when instructing pupils in professional
nursing care or human growth and development as a part of their curriculum.
All licensed medical care or professional nursing care facilities
located within the Village of East Troy, and agents of the Village
of East Troy and Walworth County Health Department, are exempt from
obtaining a license hereunder when engaged in the providing of medical
care or human growth and development education.
In addition to all other remedies available in the Village in equity and under law, any person who shall violate any provision of this chapter, or who shall fail to obtain a license or permit as required hereunder, or who shall operate after his/her license is revoked, shall be subject to penalty, on a per diem or per occurrence basis, as provided in § 1-4 of this Code. Any violation of this chapter is deemed to be a public nuisance, and the Village Board may seek to enjoin or otherwise obtain relief and remedy of such violation in addition to any forfeiture action.
