City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
A. 
ADULT-ORIENTED ESTABLISHMENT — Includes, but is not limited to, "adult bookstores", "adult motion picture theaters", "adult mini-motion picture establishments", or "adult cabarets". It further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purposes 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.
B. 
ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock in trade, for sale, rent, lease, inspection or viewing, books, films, video cassettes, DVDs, 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.
C. 
ADULT MOTION PICTURE THEATER — 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.
D. 
ADULT MINI-MOTION PICTURE THEATER — An enclosed building with a capacity of less than 50 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.
E. 
ADULT CABARET — 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, except as is prohibited by § 10.30 of the Municipal Code.
F. 
ADULT ENTERTAINMENT — Any motion pictures, live performance, 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, except as prohibited by § 10.30 of the Municipal Code.
G. 
SPECIFIED SEXUAL ACTIVITIES — Simulated or actual:
1. 
Showing of human genitals in a state of sexual stimulation or arousal;
2. 
Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;
3. 
Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.
H. 
SPECIFIED ANATOMICAL AREAS —
1. 
Less than completely and opaquely covered human genitals, pubic region, erineum, buttocks, female breasts below the point immediately above the top of the areola;
2. 
Human male genitals in a discernable turgid state, even if opaquely covered.
A. 
In M-1 and M-2 Districts, adult-oriented establishments shall not locate within 1,000 feet of any residential district, any public or private school, child care center, church, religious institution, or any public park, and shall not locate within 1,000 feet of any tavern entertainment licensed premises or any other adult-oriented establishment.
B. 
Adult-oriented establishments, as defined, are prohibited in all zones, except M-1 and M-2 Districts.
C. 
Standards of Measurement. The distances provided in this section shall be measured in a straight line without regard to intervening structures or objects from the closest point of the structure or portion of the structure occupied or proposed for occupancy by the adult-oriented establishment to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated.
In all zones where adult-oriented establishments are permitted, all regulations and requirements of the City of Franklin Zoning Code and all other applicable laws, statutes, rules and orders must be met. Additionally, all provisions of the zoning district in which the establishment is located must also be met.
The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portions thereof of the Ordinance which shall remain in full force and effect.