[HISTORY: Adopted by the Village Board of the Village of
Grafton by Ord. No. 004, Series 2003 (Title 9, Part III, Ch. 9.35, of the 1979
Code). Amendments noted where applicable.]
A.
Purpose. It is the purpose of this chapter to regulate sexually oriented
businesses in order to promote the health, safety, morals and general
welfare of citizens of the Village of Grafton, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the Village of Grafton. The
provisions of this chapter have neither the purpose nor effect of
imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is
neither 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 adult uses on the community, presented in hearings and in reports
made available to the Village, and on findings incorporated in the
cases of 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 the River Enterprises II v. City of Hudson, 2000 Wisc. App.
Lexis 734 (Ct. App. Aug. 1, 2000); Ben's Bar, Inc. v. Village of Somerset,
316 F.3d 702 (7th Cir. 2003), and on studies in other communities,
including but not limited to Phoenix, Arizona; Houston, Texas; Minneapolis,
Minnesota; St. Paul, Minnesota; Indianapolis, Indiana; Amarillo, Texas;
Garden Grove, California; Los Angeles, California; Whittier, California;
Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland,
Ohio; Beaumont, Texas; Dallas, Texas; Newport News, Virginia; Bellevue,
Washington; New York, New York; and St. Croix County, Wisconsin; and
the Report of the Attorney General's Working Group on Regulation of
Sexually Oriented Businesses (June 6, 1989, State of Minnesota), and
statistics obtained from the U.S. Department of Health and Human Services,
Centers for Disease Control and Prevention, the Village Board finds
that:
1.
Sexually oriented businesses lend themselves to ancillary and 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.
Employees of certain sexually oriented businesses, defined in this
chapter as adult theaters and adult cabarets, engage in higher incidences
of certain types of illicit sexual behavior than employees of other
establishments.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
3.
Sexual acts, including masturbation and oral and anal sex, occur
at sexually oriented business, especially those which provide private
or semiprivate booths or cubicles for viewing films, videos 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 purposes 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, Non A and Non B, amebiasis, salmonella infections
and shigella infections.
7.
Since 1981 and to the present, there has been an increasing cumulative
number of reported cases of AIDS (acquired immunodeficiency syndrome)
caused by the HIV virus in the United States: 600 in 1982; 2,200 in
1983, 4,600 in 1984; 8,555 in 1985, and 253,448 through December 31,
1992.
8.
The State of Wisconsin Division of Health indicated that on July
25, 1986, there were 96 cases of AIDS reported in the state, including
54 cases that resulted in death and that a ten-fold increase in reported
cases was expected between 1986 and 1991.
9.
The number of cases of early (less than one year) syphilis in the
United States reported annually has risen, with 33,613 cases reported
in 1982, and 45,200 through November 1990.
10.
The number of cases of gonorrhea in the United States reported
annually remains at a high level, with over 1/2 million cases being
reported in 1990.
11.
In his report of October 22, 1986, the Surgeon General of the
United States 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 infection,
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.
Crime statistics show that all types of crimes, especially sex-related
crimes, occur with more frequency in neighborhoods where sexually
oriented businesses are located.
16.
Studies of the relationship between sexually oriented business
and neighborhood property values have found a negative impact on both
residential and commercial property values.
17.
There is an increase in the potential for infiltration by organized
crime for the purpose of unlawful conduct.
18.
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 "common sense indicates that any form
of nudity coupled with alcohol begets undesirable behavior." Ben's
Bar, 2003 WI 132541.
19.
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect the substantial
government concerns addressed in the above subsections.
20.
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 an 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 citizens of the Village. 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.
21.
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.
22.
In the prevention of the spread of communicable diseases, it
is desirable 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 conduct.
23.
The general welfare, health, morals and safety of the citizens
of the Village of Grafton will be promoted by the enactment of this
chapter.
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 or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors
or other image-producing devices are regularly 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 their
emphasis upon matters exhibiting specified sexual activities or specified
anatomical areas."
A commercial establishment that has as a significant or substantial
portion of its stock-in-trade, or derives a significant or substantial
portion of its revenues or devotes a significant or substantial portion
of its interior business or advertising, or maintains a substantial
section of its sales or display space for 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, compact discs, slides or other
visual representations which are characterized by their emphasis upon
the exhibition or display of specified sexual activities or specified
anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of the user or others.
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 "adult bookstore" or "adult video
store" so long as one of its principal business purposes is the offering
for sale or rental for consideration of the specified materials that
depict or describe specified sexual activities or specified anatomical
areas. A principal business purpose need not be a primary use of an
establishment so long as it is a significant use based upon the visible
inventory or commercial activity of the establishment.
This definition shall expressly exclude films, motion pictures,
videocassettes, slides or other similar photographic reproductions
given an "R" rating by the Motion Picture Association of America.
A nightclub, dance hall, bar, restaurant or similar commercial
establishment, which regularly features:
Persons who appear seminude; or
Live performances that are characterized by the exposure of
specified sexual activities or specified anatomical areas; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the exhibition or display
of specified sexual activities or specified anatomical areas.
This definition shall expressly exclude films, motion pictures,
videocassettes, slides or other similar photographic reproductions
given an "R" rating by the Motion Picture Association of America.
A hotel, motel or similar commercial establishment, which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions,
which are characterized by the depiction 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; or
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas. This definition shall expressly exclude films, motion pictures,
videocassettes, slides or other similar photographic reproductions
given an "R" rating by the Motion Picture Association of America.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear nude or
seminude or live performances, which are characterized by the exposure
of specified sexual activities or specified anatomical areas.
The Village Board for the Village of Grafton, Ozaukee County,
Wisconsin.
To require physical contact. For instance, when this chapter
prohibits an employee to receive a gratuity "directly" from a patron,
it prohibits the direct touching of skin, other body parts or clothing.
The dominant or principal theme of the object referenced.
For instance, when the phrase refers to films "which are distinguished
or characterized by an emphasis upon the exhibition or display of
specified sexual activities or specified anatomical areas," the films
so described are those whose dominant or principal character and theme
are the exhibition or display of specified sexual activities or specified
anatomical areas.
Describe and pertain to any person who performs any service
on the premises of a sexually oriented business on a full-time, part-time,
or contract basis, regardless of whether the person is denominated
as an employee, independent contractor, agent or by another status.
"Employee" does not include a person exclusively on the premises for
repair or maintenance of the premises or for the delivery of goods
to the premises.
A person who, for consideration and for another person, agrees
or offers to privately model lingerie or to privately perform a striptease.
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 any 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.
The showing of the human male or female genitals, pubic area, vulva or anus with
less than a fully opaque covering; the showing of the female breast
with less than a fully opaque covering of any part of the nipple or
areola; or the showing of the covered male genitals in a discernibly
turgid state.
[Amended by Ord. No. 025, Series 2004]
To cause to function or to put or keep in a state of doing
business. "Operator" means any person on the premises of a sexually
oriented business who is authorized to exercise operational control
of the business or who causes to function or who puts or keeps in
operation the business. A person may be found to be operating or causing
to be operated a sexually oriented business regardless of whether
that person is an owner, part owner, or licensee of the business.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
The real property upon which the sexually oriented business
is located, and all appurtenance thereto and buildings thereon, including
but not limited to the sexually oriented business, the grounds, the
private walkways, and parking lots and/or parking garages adjacent
thereto under the ownership, control or supervision of the owner or
operator of the business.
A consistent or substantial course of conduct, such that
the films or performances exhibited constitute a substantial portion
of the films or performances offered as part of the ongoing business
of the sexually oriented business.
The showing of the human male or female genitals, pubic area,
vulva or anus with not more than a complete opaque covering, or the
showing of the female breast with not more than a complete opaque
covering of any part of the nipple or areola.
[Amended by Ord. No. 025, Series 2004]
A business or commercial establishment that as one of its
principal business purposes offers for any form of consideration a
place where two or more persons may congregate, associate or consort
for the purpose of specified sexual activities. The definition of
"sexual encounter center" or any "sexually oriented business" shall
not include an establishment where a medical practitioner, psychologist,
psychiatrist, or similar professional person licensed by the state
engages in medically approved and recognized sexual therapy.
An adult arcade, adult bookstore, adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, or sexual encounter center.
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist 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.
Sexually oriented businesses are classified as follows:
A.
Except as provided in Subsection D below, from and after the effective date of this chapter no sexually oriented business shall be operated or maintained in the Village of Grafton without first obtaining a license to operate issued by the Village of Grafton.
B.
A license may be issued only for one sexually oriented business located
at one fixed and certain place. Any person, partnership or corporation
which desires to operate more than one sexually oriented business
must have a license for each.
C.
No licensee may transfer ownership or control of the sexually oriented
business to any other person, partnership or corporation.
D.
All sexually oriented businesses existing at the time of the passage
of this chapter must submit an application for a license within 60
days of the passing of this chapter.
A.
Any person, partnership or corporation desiring to secure a license
shall submit an application to the Village Clerk. The application
shall be filed in triplicate and dated by the Village Clerk. A copy
of the application shall be distributed promptly by the Village Clerk
to the Village of Grafton Police Department and to the applicant.
B.
If the Village of Grafton Police Department is aware of any information
bearing on the applicant's qualifications, that information shall
be filed in writing with the Village Clerk.
C.
An application for a license must be made on a form provided by the
Village of Grafton. All applicants must be qualified according to
the provisions of this chapter.
D.
An application shall be considered complete if it includes the information
required in this section.
E.
An applicant for a license shall furnish the following information
under oath:
1.
Name and address.
2.
Written proof that the individual is at least 18 years of age. Written
proof of age may be in the form of either:
3.
The name, business location, business mailing address and phone number
of the proposed sexually oriented business.
4.
A statement as to whether the licensee of the sexually oriented business
intends to serve, sell, use or provide any intoxicating liquor, cereal
malt beverage or any type of alcoholic beverage on the premises of
the sexually oriented business.
5.
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
the name, address and ages of all shareholders of the corporation
owning more than 5% of the stock in said corporation and all officers
and directors of the corporation, and the name and address of the
registered agents.
6.
If the applicant is a partnership, joint venture, or any other type
of organization where two or more persons have a financial interest,
the application shall state the names, addresses and ages of all persons
having a financial interest in the partnership, joint venture or other
type of organization.
F.
A sketch or diagram showing the configuration of the premises, including
a statement of total floor space occupied by the business, shall accompany
the application for a sexually oriented business. The sketch or diagram
need not be professionally prepared but shall 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.
G.
If the person who wishes to operate a sexually oriented business
is an individual, he or she shall sign the application for a license
as applicant. If the person who wishes to operate a sexually oriented
business is other than an individual (such as a corporation or partnership),
each officer, director, general partner, or other person identified
in Subsection E(5) and (6) shall sign the application for a license
as the applicant. Each applicant must be qualified under this section,
and each applicant shall be considered as a licensee if the license
is granted.
H.
Within 21 days of receiving an application for a license, the Village
Clerk shall notify the applicant whether the application is granted
or denied.
I.
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 within 10 days thereafter, as hereinafter
provided.
J.
Failure or refusal of the applicant to give any information relevant
to the application or his or her refusal to submit to or cooperate
with regard to any information required by this chapter shall constitute
an admission by the applicant that he or she is ineligible for such
license and shall be grounds for denial thereof by the Village Board.
A.
The Village Board shall approve the issuance of a license unless
one or more of the following is found to be true:
1.
An applicant (including all individuals, officers, directors, shareholders,
or persons with a financial interest in the organization) is less
than 18 years of age.
2.
An applicant is delinquent in the payment owed to the Village of
Grafton of taxes, fees, fines or penalties assessed against or imposed
upon the applicant in relation to a sexually oriented business.
3.
An applicant has failed to provide information as required in § 9.35.050 for issuance of the license.
4.
The license application fee required by this chapter has not been
paid.
5.
An applicant has falsely answered a question or request for information
on the application form.
6.
The proposed sexually oriented business is not in compliance with
the location restrictions established or physical layout restrictions
established for sexually oriented businesses in this chapter.
7.
The applicant states or the Village Board subsequently discovers
that the applicant intends to serve, sell, use or provide any intoxicating
liquor, cereal malt beverages, or any type of alcoholic beverages
on the premises of the sexually oriented business.
B.
The license, if granted, shall state on its face the name of the
person or persons to whom it is granted, the number of the license
issued to the applicant, the expiration date, and the address of the
sexually oriented business.
A license fee of $250 shall be submitted with the application
for a license. If the application is denied, 1/2 of the fee shall
be returned. The remainder shall be applied toward processing and
administrative costs.
The license shall be displayed in a conspicuous public place,
at or near the entrance of the sexually oriented business, so that
it may be easily read at any time.
A.
Every license issued pursuant to this chapter will terminate at the expiration of one year from the date of issuance, unless sooner suspended or revoked. A license must be renewed before operation is allowed to continue. A license may be renewed only by making an application as provided for in § 9.35.050. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be upon a form provided by the Village of Grafton and shall contain such information and data, given under oath or affirmation, as is required for an application for a new license.
B.
A license renewal fee of $250 shall be submitted with the application
for renewal. In addition to the renewal fee, a late penalty in the
amount of $100 shall be assessed against any applicant who files for
a renewal less than 60 days before the license expires. If the application
is denied, 1/2 of the total fees collected shall be returned.
C.
If the Village of Grafton Police Department is aware of any information
bearing on an applicant's qualifications, that information shall be
filed in writing with the Village Clerk.
A.
For the purposes of ensuring compliance with this chapter, an applicant,
operator or licensee shall permit law enforcement officers and any
other federal, state, county or Village agency in the performance
of any function connected with the enforcement of this chapter normally
and regularly conducted by such agencies to inspect, at any time the
business is occupied or open for business, those portions of the premises
of a sexually oriented business which patrons or customers are permitted
to occupy.
B.
The provisions of this section do not apply to areas of an adult
motel which are currently being rented by a customer for use as a
permanent or temporary habitation.
A.
The Village Board shall issue a written intent to suspend a license
for a period not to exceed 30 days if it determines that a licensee,
operator or employee of a licensee has:
B.
The Village Board shall give the licensee 10 days' written notice
of the charges against him and the opportunity for a public hearing
before the Board, as hereinafter provided.
A.
The Village Board shall revoke by written notice a license for a sexually oriented business if a cause for suspension in § 9.35.110 occurs and the license has been suspended within the preceding 12 months.
B.
The Village Board shall revoke by written notice a license if it
determines that any of the following reasons exist:
1.
Discovery that false or misleading information or data was given
on any application or material facts were omitted from the application;
2.
The licensee, operator or any employee of the licensee violates any
provisions of this chapter or any rules or regulation adopted by the
Village Board pursuant to this chapter; provided, however, that in
the case of a first offense by a licensee where the conduct was solely
that of an employee, the penalty shall not exceed a suspension of
30 days if the Board shall find that the licensee 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 licensee becomes ineligible to obtain a license or permit;
4.
Any cost or fee required to be paid by this chapter is not paid;
5.
Any intoxicating liquor, cereal malt beverage or other alcoholic
beverage is served or consumed on the premises of the sexually oriented
business;
6.
A licensee has knowingly allowed possession, use or sale of controlled
substances on the premises;
7.
A licensee has knowingly allowed prostitution on the premises;
8.
A licensee has knowingly operated the sexually oriented business
during a period of time when the licensee's license was suspended;
9.
A licensee has knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation, or other sexual act to occur in or
on the licensed premises. This subsection will not apply to an adult
motel, unless the licensee knowingly allowed sexual activities to
occur either: (i) in exchange for money; or (ii) in a public place
or within public view.
C.
The Village Board, before revoking any license, shall give the licensee
at least 10 days' written notice of the charges against him and the
opportunity for a public hearing as hereinafter provided.
D.
The transfer of ownership or control of a license shall automatically
and immediately revoke the license.
E.
Any licensee whose license is revoked shall not be eligible to receive
a license for one year from the date of revocation.
Chapter 68, Wis. Stats., concerning municipal administrative
procedure, shall govern the administrative procedure and review concerning
the granting, denial, renewal or nonrenewal of a permit or a license.
A request for an initial determination shall be made by an aggrieved
person, pursuant to the provisions contained in § 68.08,
Wis. Stats., to the Village Clerk. An administrative appeal pursuant
to the provision contained in § 68.10, Wis. Stats., may
be made by an aggrieved person to the Board of Appeals, and a hearing
shall be held by the Board of Appeals pursuant to § 68.11,
Wis. Stats. Any party to a proceeding resulting in a final determination
may seek judicial review pursuant to the provisions contained in § 68.13,
Wis. Stats.
A licensee shall not transfer his or 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.
A.
Any sexually oriented business having available for customers, patrons
or members any booth, room or cubicle for the private viewing of any
specified anatomical areas or specified sexual activity 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 sexually oriented business
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 shall have at least one side totally open to the
public lighted aisle, which may be secured when the booth is in use
by a door which extends from a height of not less than two feet above
the floor.
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 five 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 occupant 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.
A.
No sexually oriented business shall be located:
1.
Within 500 feet of an existing sexually oriented business.
2.
Within 500 feet of any residential dwelling, including but not limited
to houses, apartments, condominiums or flats.
3.
Within 500 feet of any preexisting place of worship, including but
not limited to any church, synagogue, mosque, temple or building which
is primarily used for religious worship and related religious activities.
4.
Within 500 feet of any public or private educational facility, including
but not limited to any child day-care establishments, nursery schools,
preschools, kindergartens, elementary schools, junior high schools,
middle schools, high schools, vocational schools, secondary schools,
continuation schools, special education schools, junior colleges and
universities. "School" includes the school grounds, but does not include
facilities used primarily for another purpose and only incidentally
at a school.
5.
Within 500 feet from any public park or recreational area which has
been designated for park or recreational activities, including but
not limited to a park, a playground, nature trails, swimming pool,
reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle
paths, wilderness areas, or other similar public land within the Village
which is under the control, operation or management of the Village
and recreational authorities.
6.
Within 500 feet of any premises that in any manner sells or dispenses
alcohol or is licensed pursuant to the alcohol beverage control regulations
of the state.
B.
For the purposes of this section, distances are to be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a use listed in Subsection A. The presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
A.
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 licensee, if such act or omission occurs either with the authorization,
knowledge or approval of the licensee or as a result of the licensee's
negligent failure to supervise the employee's conduct, and the licensee
shall be punishable for such act or omission in the same manner as
if the licensee 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 licensee for the purposes of determining whether the licensee's
license shall be revoked, suspended or renewed.
C.
No employee of a sexually oriented business shall allow any minor
to loiter around or to frequent a sexually oriented business. It shall
be the duty of the licensee of each sexually oriented business to
ensure that an attendant is stationed at each public entrance to the
sexually oriented business at all times during such sexually oriented
businesses' regular business hours and to prevent any person under
the age of 18 years of age from entering the sexually oriented business.
It shall be presumed that an attendant knew a person was under the
age of 18, unless such attendant asked for and was furnished:
D.
The licensee shall maintain the premises in a clean and sanitary
manner at all times.
E.
The licensee shall maintain at least five 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 is
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 aisle; provided, however, at no time shall there
be less than one footcandle of illumination of said aisles, as measured
from the floor.
F.
The licensee shall ensure compliance of the sexually oriented business
and its patrons with the provisions of this chapter.
G.
The licensee shall ensure that no alcohol beverages are sold, used
or consumed on the premises of a sexually oriented business.
A.
It shall be prohibited in a sexually oriented business for a person
to appear in a state of nudity or engage in specified sexual activities.
B.
It shall be prohibited in a sexually oriented business to appear
in a seminude condition, unless the person is an employee who, while
seminude, is at least five feet from any patron or customer and on
a stage at least two feet from the floor.
C.
It shall be prohibited for an employee, while seminude in a sexually
oriented business, to receive directly any pay or gratuity from any
patron or customer or for any patron or customer to pay or give any
gratuity directly to any employee while that employee is seminude
in a sexually oriented business.
D.
It shall be prohibited in a sexually oriented business to serve,
sell, use, provide or consume any intoxicating liquor, cereal malt
beverage or any other alcohol beverage.
It shall be prohibited for a person under the age of 18 years
to be on the premises of a sexually oriented business.
A.
No sexually oriented business shall be open between the hours of
2:00 a.m. and 8:00 a.m. on weekdays or between the hours of 2:00 a.m.
and 12:00 noon on Sundays.
B.
All sexually oriented businesses shall be open to inspection at all
reasonable times by the Grafton Police Department and the Building
Inspector.
The provisions of this chapter do not apply to the following
establishments: theaters, performing arts centers, civic centers,
and dinner theaters where live dance, ballet, music and dramatic performances
of serious artistic merit are offered on a regular basis; and in which
the predominant business or attraction is not the offering of entertainment
which is intended for sexual interests or titillation of customers;
and where the establishment is not distinguished by an emphasis on
or the advertising or promotion of nude or seminude performances.
While expressive live nudity may occur within these establishments,
this chapter seeks only to minimize and prevent the secondary effects
of sexually oriented businesses on the community. Negative secondary
effects have not been associated with the establishments referenced
in this section.
The Village of Grafton Police Department shall have the authority
to enter any sexually oriented business within the Village at all
reasonable times to inspect the premises and enforce this chapter.
A person who operates or causes to be operated a sexually oriented
business without a valid license or in violation of this chapter is
subject to a suit for injunction as well as municipal prosecution.
Such violation shall be punishable by a fine of $500 plus court costs.
Each day a sexually oriented business so operates is a separate offense
or violation.
Each section and provision of this chapter is hereby declared
to be independent divisions and subdivisions and, not withstanding
any other evidence of legislative intent, it is hereby declared to
be the controlling legislative intent that, if any provisions of this
chapter, or the application thereof to any person or circumstances
is held to be invalid, the remaining sections or provisions and the
application of such sections and provisions to any person or circumstances
other than those to which is held to be invalid shall not be affected
thereby, and it is hereby declared that such sections and provisions
would have been passed independently of such section or provision
so known to be invalid.
All ordinances or parts of ordinances in conflict with the provisions
of this chapter are hereby repealed.
