[HISTORY: Adopted by the Town Board of the Town of Woodruff 12-11-2001. Amendments noted where applicable.]
This chapter is adopted pursuant to the authority vested in the Town Board pursuant to §§ 60.10(2)(c), 60.22(3) and 60.23(23), Wis. Stats.
It is a lawful purpose of the Town Board to enact regulatory ordinances protecting and promoting the general welfare, health and safety of the citizens of this Town. The Town Board deems it necessary to require licensing and regulation of adult-oriented establishments because many such establishments, by their nature, design and intended use, are conducive to high-risk sexual behavior and constitute a potential disturbance to the public peace and good order. High-risk sexual behavior has the potential of exposing persons to, among other things, the Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). AIDS is currently determined to be irreversible and uniformly fatal. The operation of such establishments, although protected to a certain degree as an exercise of free speech rights under the State and Federal Constitutions, is also found to present a potential for disorderly and antisocial behavior requiring, for the good of the residents of the Town, that the Town Board regulate this type of activity. This chapter is created to provide minimum standards for such adult-oriented establishments in order to protect the general health, safety and welfare of the citizenry by regulating those features of adult-oriented establishments which tend to facilitate and promote high-risk sexual behavior and by providing regulations which aid in the surveillance and detection of unlawful activities within such premises. It is thereby necessary for the Town Board to protect and promote the public peace and good order through regulation of the conduct of business of adult-oriented establishments.
In this chapter the following words and phrases shall have the meanings as indicated, unless the context expressly requires otherwise:
- ADULT ENTERTAINMENT
- Any exhibition of any videotape, film or motion picture 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.
- ADULT-ORIENTED ESTABLISHMENT
- It is not limited to adult bookstores, adult motion-picture theaters and any other 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 areas of the premises for the purpose of viewing adult-oriented videotapes, films, motion pictures, or other offered adult entertainment, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.
- BUSINESS PREMISES
- Includes property owned, leased or otherwise controlled by the adult-oriented establishment and contiguous with the building or other structure housing the adult-oriented establishment and shall include, but not be limited to, parking lots or sidewalk approaches.
- DOOR, CURTAIN or PORTAL PARTITION
- A nontransparent closure device which prevents activity taking place within a booth, room or cubicle from being seen or viewed.
- Any person operating, conducting, maintaining or owning any adult-oriented establishment.
- SPECIFIED SEXUAL ACTIVITIES
- Simulated or actual:
Any adult-oriented establishment having available for customers, patrons or members any booth, room, or cubicle for the private viewing of any adult entertainment shall comply with all of the following requirements:
Each such booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult-oriented establishment and shall be unobstructed, in total or in part, by any door, curtain or portal partition.
Each such booth, room or cubicle shall:
Be separated from all adjacent booths, rooms or cubicles and any nonpublic areas by a partition. All partitions shall be solid and without any openings and shall extend from 18 inches off the floor to a height of not less than six feet. All partitions shall be nonabsorbent, smooth textured and easily cleanable.
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 such booth, room or cubicle.
Have a floor which is light colored, nonabsorbent, smooth textured and easily cleanable.
Be lighted in such a manner that a person in the booth, room or cubicle is reasonably visible from the adjacent public rooms or areas, but such lighting shall not be of such intensity as to prevent the viewing of such videotapes, motion pictures or other offered entertainment.
No more than one person shall occupy any such booth, room or cubicle at any time. No occupant of any such booth, room or cubicle shall engage in any sexual activity, or cause any bodily discharge, or litter while in the booth, room or cubicle. No person shall alter, damage or deface any portion of any such booth, room or cubicle in such a manner that it no longer complies with the provisions of this chapter.
The premises of the adult-oriented establishment shall be maintained in a clean and sanitary manner at all times.
No minor shall be allowed to enter or remain inside an adult-oriented establishment or be permitted to loiter on the business premises. For the purpose of this chapter the prohibition against loitering on the business premises shall include situations in which parents, guardians or other physical custodians enter or remain inside an adult-oriented establishment while leaving minor children, who are in their care, charge or custody, outside of the building or structure, in or outside of motor vehicles.
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 3:00 a.m. and 8:00 a.m. on Saturdays, or between the hours of 3:00 a.m. and 12:00 noon on Sundays.
No person shall consume alcoholic beverages on the business premises of an adult-oriented establishment.
No person shall operate, conduct, maintain or own an adult-oriented establishment without first obtaining an adult-oriented establishment license. Licenses may be issued only to adult-oriented establishments which are located at a fixed and certain physical location within the Town of Woodruff.
No license issued under this section may be transferred to any person, nor shall such license be transferred to another location.
Licensees under this section must comply with the applicable provisions of this chapter and the Oneida County Zoning Ordinance.
Each adult-oriented establishment shall be open to inspection at all reasonable times by the Town Police Department, Fire Department and Building Inspector and the County Health Department.
Application for a license under this chapter shall be made to the Town Clerk. The application shall be made upon a form provided by the Town Clerk and shall contain the following information:
Applicant's full name and address.
Written evidence that the applicant is at least 18 years of age.
The address and description of the location of the proposed adult-oriented establishment.
If the applicant is a corporation, the name of the corporation, the date and state of incorporation, the name and address of the registered agents of the corporation, and the name of the agent of the corporation that will be operating the adult-oriented establishment.
Applicants will be subject to a criminal and/or background check.
The Town Board shall review all applications received under this chapter and grant or deny the license within 30 days after filing of the application. If the Board denies the license, such decision may be reviewed under Ch. 68, Wis. Stats., relating to municipal administrative review procedures, which shall be in full force and effect in the Town of Woodruff for this purpose. In deciding on whether to issue such license, the Town Board shall consider the probable impact of the location of the proposed business in the area proposed to be licensed, the history of the operation of the establishment, if any, and the overall character of the neighborhood. In addition, the following requirements must be met:
An individual applicant must be at least 18 years of age.
All officers and directors of a corporate applicant must be at least 18 years of age, and an applicant which is a partnership, joint venture or any other type of organization where two or more persons have a financial interest must demonstrate that no such person is less that 18 years of age.
No adult-oriented establishment shall be located on a property that is located less than 1/2 mile from any residence or residential district, school, school bus stop, church, child-care center, public park, playground, U.S. Highway 51 or U.S. Highway 47, or any other adult-oriented establishment.
A license fee as provided in the Town Fee Schedule shall be submitted with the application for a license under this chapter. Such fee shall authorize up to 20 viewing rooms, booths and cubicles as described herein. If the application is denied, 1/2 the fee shall be retained as a processing fee, and the balance shall be returned to the applicant. No fee shall be prorated except upon such denial.
All licenses issued under this chapter shall expire on March 31 of each year. A new application shall be made each year, and renewal applications must be filed not later than January 31. A renewal application shall contain the same information and data as required for an application for a new license. A late processing fee as provided in the Town Fee Schedule shall be paid with any renewal application which is made following January 31 of any year. If the application is denied, no portion of the late processing fee shall be refunded. No license shall be issued or renewed without an approval from the Health Department of the county.
If a licensee or a licensee's agent is convicted of an offense under this chapter, the Town Board may hold a hearing to determine whether such license should be suspended or revoked. Notice of such hearing, and the grounds therefor, shall be provided to any such person, who shall be advised of the time and place of the hearing and the right to call, examine and cross-examine witnesses and have the proceedings recorded at the person's own expense. Such license may be suspended for a period of not more than 60 days, or revoked if the Town Board determines that the public interest so requires. The licensee shall be given at least 10 days' written notice of the charges prior to the public hearing. The public hearing must be held within 20 days of the notice of charges. The transfer of a license, or any interest in a license, shall immediately and automatically revoke such license.
Every act or omission by an employee or person 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 failure to supervise the employee's conduct. In such event, the operator shall be punishable under Subsection B for such act or omission in the same manner as if the operator committed the act or caused the omission.
Any person who violates or who knowingly allows or permits any violation of any provision of this chapter or any person who operates or permits the operation of any adult-oriented establishment in violation of this chapter shall forfeit an amount of not less than $300 per day for each day of violation. Each day, or a portion thereof, that a violation of this chapter exists or continues to exist shall constitute a separate offense.