[HISTORY: Adopted by the Common Council of the City of Watertown
by Ord. No. 04-32 (§ 9.22 of the former City Code). Amendments noted where
applicable.]
For the purpose of this chapter, the following words and phrases
shall have the meanings indicated:
An establishment which is used for selling, renting or loaning
the following materials when such activity constitutes a significant
part of the business conducted therein:
Any pictures, photographs, drawings, motion-picture films or
similar visual representations or images of a person or portions of
a human body which are distinguished or characterized by their emphasis
on matters depicting or describing or relating to specified sexual
activities or specified anatomical areas as defined herein; or
Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, which contains any matter enumerated in Subsection A(1) above.
Material, however distributed, which is published by a medical
products manufacturer, a medical or health association, an insurance
company, or by a consumer education organization shall not be considered
part of the business of operating an adult book or video store.
An adult book or video store or an adult motion-picture theater.
An enclosed building used for presenting or exhibiting a
motion-picture film, show or other presentation having as its dominant
theme or distinguished or characterized by an emphasis on exposure
to view of human genitals, pubic area, buttocks or anus; or a female's
vulva or breasts below the top of the areola; or male genitals in
a discernible turgid state, even if opaquely covered; or on acts of
or acts which simulate erotic touching, sexual intercourse, masturbation,
flagellation, sodomy, bestiality, necrophilia, sadomasochistic abuse,
fellatio, cunnilingus, or any sexual acts prohibited by Wisconsin
Statutes.
Such enclosures as are specifically offered to the public
or members of that 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, 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.
The phrase "booths, cubicles, rooms, compartments or stalls separate
from the common areas of the premises" does not mean enclosures which
are private offices used by the owners, managers or persons employed
on the premises for attending to the tasks of their employment and
which are not held out to the public or members of the establishment
for hire or for a fee or for the purposes of viewing entertainment
for a fee, and which are not open or available to any persons other
than owners, managers or employees.
The Common Council of the City of Watertown.
Any person, partnership, corporation or other entity operating,
managing, renting, conducting, maintaining or owning any adult entertainment
establishment.
Dedication or use of the premises on which the adult entertainment
establishment is located in any one of the following manners:
The gross income from the sale and/or rental of materials set
forth in Subsection A(1) and (2) of the definition of "adult book
or video store" herein comprises more than 25% of the gross income
from the sale and rental of the goods or services at the business
entity location;
The individual items offered for sale and/or rental at the adult
entertainment establishment location comprise more than 25% of the
total individual items publicly displayed as stock-in-trade in any
of the following categories: books, magazines, periodicals or other
printed matter; or photographs, films, motion pictures, videocassettes,
videodisks, slides or other visual representations; or sound recordings
or other audio materials; or
The dedication or use of more than 25% of the available floor,
wall and display space within the public or common areas at the adult
entertainment establishment location, including adult booths, space
for live presentations, and space devoted to the viewing display,
or advertisement of materials listed hereinabove.
Simulated or actual:
Showing of human genitals in a state of sexual stimulation or
arousal.
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio, cunnilingus, or excretory
functions.
Fondling or erotic touching of human genitals, pubic region,
anus, buttocks or female breasts.
A.
From and after the effective date of this chapter, no adult entertainment
establishment shall be operated or maintained in the City without
first obtaining a license to operate issued by the City.
B.
A license may be issued only for one adult entertainment establishment
located at a fixed and certain place. Any person who desires to operate
more than one adult entertainment establishment must have a license
for each.
C.
No license or interest in a license may be transferred to any person.
A.
Any person desiring to secure a license shall make application to
the City Clerk. The application shall be filed with the City Clerk.
A copy of the application shall be distributed promptly by the City
Clerk to the City Police Chief, the City Health Officer, the City
Zoning Administrator and to the Licensing Board.
[Amended 7-5-2022 by Ord. No. 22-63]
B.
The application for a license shall be upon a form provided by the
City Clerk. An applicant for a license interested directly in the
ownership or operation of the business shall furnish the following
information:
[Amended 7-5-2022 by Ord. No. 22-63]
(1)
Name and address.
(2)
Written proof that the individual is at least 18 years of age.
(3)
The address of the adult entertainment establishment to be operated
by the applicant.
(4)
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
the name and address of the registered agent and the name and address
of all shareholders owning more than 5% of the stock in such corporation
and all officers and directors of the corporation.
C.
Within 60 days of receiving an application for an adult entertainment
establishment license, the Licensing Board shall notify the applicant
whether the application is granted or denied.
D.
Whenever an application is denied, the Licensing Board shall advise the applicant in writing of the reasons for such action. This decision of the Licensing Board shall constitute an initial determination under § 10-6 of the Watertown Code.
E.
Appeal. An appeal to the City of Watertown Licensing Board may be
taken by any person aggrieved or by any officer, department, board
or bureau of the City of Watertown affected by the initial determination
of the Licensing Board. Such appeal shall be taken within 30 days
of the mailing of the initial determination by the Licensing Board
by filing with the City Clerk a notice of appeal specifying the grounds
thereof, together with payment of a filing fee as may be established
by the Common Council. The City Clerk shall forthwith transmit to
the Licensing Board all papers constituting the record of appeal upon
which the action appealed from was taken.
[Amended 7-5-2022 by Ord. No. 22-63]
(1)
The Licensing Board shall fix a reasonable time and place for the
hearing within 15 days of receipt of the notice of appeal and shall
serve the person aggrieved with notice of such hearing by first-class
mail or personal service at least 10 days before such hearing.
(2)
Hearings on appeal shall be public and shall be conducted according to the rules of procedure adopted by the Licensing Board. At the hearing, the appellant or applicant may appear in person, by agent or by attorney. Decisions of the Licensing Board following public hearing may be made either in public or closed session, as the Licensing Board shall determine. This hearing shall be conducted in accordance with § 10-10 of the Watertown Code.
(3)
The Licensing Board shall issue its written decision and recommendations
to the Common Council to either affirm, reverse or modify the initial
determination of the Licensing Board within 20 days of completion
of the hearing and the filing of briefs, if any, and shall mail or
deliver to the appellant its written decision together with the reasons
for its decision.
(4)
The Common Council shall consider the City of Watertown Licensing
Board's decision and recommendations at its next regularly scheduled
meeting. The Common Council on a majority vote may affirm, reverse
or modify the initial determination of the Licensing Board.
(5)
Any persons aggrieved by any decision of the Common Council may present to a court of record a petition for writ of certiorari, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the adoption of the resolution by the Common Council upon the recommendations of the Licensing Board. The parties shall be bound by § 10-12 of the Watertown Code regarding the transcript of the proceedings.
(6)
No application that has been denied (either wholly or in part) shall
be resubmitted by the applicant/appellant for a period of 12 months
from the date of adoption of the resolution by the Common Council.
To receive a license to operate an adult entertainment establishment,
an applicant must meet the following standards:
B.
C.
If the applicant is a partnership, joint venture or any other type
of organization where two or more persons have a financial interest:
(1)
All persons having a financial interest in the partnership, joint
venture or other type of organization shall be at least 18 years of
age.
(2)
No person having a financial interest in the partnership, joint venture
or other type of organization shall have been found to have violated
any provision of this chapter within five years immediately preceding
the date of the application.
D.
Provide a copy of a valid zoning certificate obtained from the Zoning
Administrator.
A license fee as set by the Common Council and provided under
separate fee schedule shall be submitted with the application for
an adult entertainment establishment. If the application is denied,
1/2 of the fee shall be returned.
The license shall be displayed in a conspicuous public place
in the adult entertainment establishment. This license shall be framed
and covered with clear glass so as to be easily readable.
A.
Every license issued pursuant to this chapter shall terminate on
June 30 of each year, unless sooner revoked, and must be renewed before
operation is allowed on July 1. Any operator desiring to renew a license
shall make application to the City Clerk. The application for renewal
must be filed not later than 60 days before the license expires. The
application for renewal shall be filed with and dated by the City
Clerk. A copy of the application for renewal shall be distributed
promptly by the City Clerk to the City Police Chief, the City Health
Officer, the Zoning Administrator, the Licensing Board and to the
operator. The application for renewal shall be upon a form provided
by the City Clerk and shall contain such information and data as is
required for an application for a new license.
[Amended 7-5-2022 by Ord. No. 22-63]
B.
A license renewal fee as set by the Common Council and provided under
separate fee schedule shall be submitted with the application for
renewal. If the application is denied, 1/2 of the total fees collected
shall be returned.[1]
[Amended 10-4-2016 by Ord. No. 16-18]
C.
If the City Police Chief, City Health Officer, Zoning Administrator
or Licensing Board is aware of any information bearing on the operator's
qualifications, that information shall be filed in writing with the
City Clerk.
[Amended 7-5-2022 by Ord. No. 22-63]
A.
The Common Council may revoke a license for any of the following
reasons:
(1)
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application.
(2)
The operator or any employee of the operator violates any provision
of this chapter or any rule or regulation adopted by the Common Council
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 30 days
if the Council shall find that the operator had no actual or constructive
knowledge of such violation and could not by the exercise of due diligence
have had such actual or constructive knowledge.
(3)
The operator becomes ineligible to obtain a license.
(4)
Any cost or fee required to be paid by this chapter is not paid.
B.
The Council, before revoking or suspending any license, shall give the operator at least 10 days' written notice of the charges against the operator and the opportunity for appeal as set forth in § 205-3E herein.
C.
The transfer of a license or any interest in a license shall automatically
and immediately revoke the license.
D.
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
entertainment establishment or adult entertainment tavern for one
year from the date of revocation of the license.
Any adult entertainment establishment having available for customers,
patrons or members any booth, room or cubicle for the private viewing
of any adult entertainment must comply with the following requirements:
A.
Access. Each booth, room or cubicle shall be totally accessible to
and from aisles and public areas of the adult entertainment establishment
and shall be unobstructed by any door, lock or other control-type
devices.
B.
Construction. Every booth, room or cubicle shall meet the following
construction requirements:
(1)
Each booth, room or cubicle shall be separated from adjacent booths,
rooms and cubicles and any nonpublic areas by a wall.
(2)
Each booth, room or cubicle shall have at least one side totally
open to a public lighted aisle so that there is an unobstructed view
at all times of anyone occupying the same.
(3)
All walls shall be solid and without any openings, extend from the
floor to a height of not less than six feet, and be light-colored,
nonabsorbent, smooth-textured and easily cleanable.
(4)
The floor must be light-colored, nonabsorbent, smooth-textured and
easily cleanable.
(5)
The lighting level of each booth, room or cubicle when not in use
shall be a minimum of 10 footcandles at all times as measured from
the floor.
C.
Occupants. Only one individual shall occupy a booth, room or cubicle
at any time. No occupant of the same shall engage in any type of sexual
activity, cause any bodily discharge or litter while in a booth. No
individual shall damage or deface any portion of the booth.
A.
Every act of 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 the omission.
B.
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 purposes of determining whether the operator's license
shall be revoked, suspended or renewed.
C.
No employee of an adult entertainment establishment shall allow any
minor to loiter around or to frequent an adult entertainment establishment
or allow any minor to view any activity allowed in an adult motion-picture
theater.
D.
The operator shall maintain the premises in a clean and sanitary
condition at all times. The Health Officer shall make a determination
as to the clean and sanitary condition of the establishment.
E.
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 any activity 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 such aisles as
measured from the floor.
F.
The operator shall conspicuously post inside each booth, stall, partitioned
portion of a room, or individual room an unmutilated and undefaced
sign or poster supplied by the Public Health Department which contains
information regarding sexually transmitted diseases and the telephone
numbers from which additional information can be sought.
G.
The operator shall post regulations concerning booth occupancy on
signs, with lettering at least one inch high, that are placed in conspicuous
areas of the establishment and in each of the viewing enclosures.
H.
The operator shall ensure compliance of the establishment and its
patrons with the provisions of this chapter.
A.
No person shall occupy an enclosure already occupied by another person,
regardless of whether permission to enter has been given.
B.
No person shall at any time engage in specified sexual activities
or cause any bodily discharge or litter while in the enclosure.
C.
No person shall remove, destroy or deface any signs or posters, or
destroy or deface any information, brochures or pamphlets, whether
supplied by the Public Health Department or posted by the operator.
D.
No person shall damage or deface any portion of the enclosure.
This Municipal Code and the Wisconsin Statutes shall govern
the administrative procedures and review regarding the granting, denial,
renewal, nonrenewal, revocation or suspension of a license.
All private and public schools, as defined in Ch. 115, Wis.
Stats., hospitals, medical clinics and public health facilities located
within the City of Watertown are exempt from obtaining a license hereunder
when instructing pupils or patients/clients in sex education, prenatal,
family planning or childbirth classes as part of their curriculum
or services.
It shall be the duty of the Public Health Department, the Building,
Safety and Zoning Division, and the Police Department to administer
and enforce the provisions of this chapter.
A.
In addition to the revocation, suspension or nonrenewal of any license
issued under this chapter, any person found to be in violation of
any provision of this chapter shall be subject to a forfeiture of
not less than $100 nor more than $300 and in the case of an operator
such violation shall result in the suspension or revocation of any
license from one week up to one year.[1]
B.
Each violation of this chapter shall be considered a separate offense,
and any violation continuing more than one day shall be considered
a separate offense.
