[Adopted 8-5-1997 by Ord. No. 97-1461 as
Sec. 10.31 of the 1997 Code]
As used in this article, the following terms
shall have the meanings indicated:
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, 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, except as is prohibited by § 183-52.
Any exhibition of 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 § 183-52.
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.
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.
Shall include, 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.
Any person, association, partnership or corporation operating,
conducting, maintaining or owning any adult-oriented establishment.
A.
Except as provided in Subsection D below, from and after the effective date of this article, no adult-oriented establishment shall be operated or maintained in the City of Franklin without first obtaining a license to operate issued by the City of Franklin.
B.
A license may be issued only for one adult-oriented
establishment located at a fixed and certain place. Any person, partnership
or corporation which desires to operate more than one adult-oriented
establishment must have a license for each.
C.
No license or interest in a license may be transferred
to any person, partnership or corporation.
D.
All adult-oriented establishments existing at the
time of the passage of this article must submit an application for
a license within 90 days of the passage of this article. If an application
is not received within said ninety-day period, then such existing
adult-oriented establishment shall cease operations.
A.
Any person, partnership or corporation desiring to
secure a license shall make application to the City Clerk. The application
shall be filed in triplicate with and dated by the City Clerk. A copy
of the application shall be distributed promptly by the City Clerk
to the Franklin Police Department and to the applicant.
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 under oath:
(1)
Name and address.
(2)
Written proof that the individual is at least 18 years
of age.
(3)
The exact nature of the adult-oriented use to be conducted
and the address of the adult-oriented 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 any shareholder who individually or jointly owns or controls more
than 49% of the stock in said corporation and all persons responsible
for the management and operation of the adult-oriented establishment.
(5)
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.
Within 30 days of receiving an application for a license,
the City Clerk shall notify the applicant whether the application
is granted or denied or being held for up to an additional 30 days,
unless otherwise agreed to by the applicant.
D.
Whenever an application is denied, the City 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 Common Council, pursuant to § 183-11.
E.
Failure or refusal of the applicant to give any information
relevant to the investigation of the application or his or her refusal
or failure to appear at any reasonable time and place for examination
under oath regarding said application or his or her refusal to submit
to or cooperate with any investigation required by this article 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 City
Clerk.
To receive a license to operate an adult-oriented
establishment, an applicant must meet the following standards.
A.
If the applicant is an individual:
(1)
The applicant shall be at least 18 years of age.
(2)
The applicant shall not have been found to have previously
violated this article or an ordinance of like terms in another jurisdiction
or have been arrested or convicted for a violation for which licensure
may be denied under § 111.335, Wis. Stats., within five
years immediately preceding the date of the application.
B.
If the applicant is a corporation:
(2)
No person required to be named under § 183-3B(4) shall have been found to have previously violated this article or an ordinance of like terms in another jurisdiction or have been arrested or convicted for a violation for which licensure may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
C.
If the applicant is a partnership, joint venture or
any other type of organization where two or more persons have a financial
interest:
(2)
No person required to be named under § 183-3B(5) shall have been found to have violated any provision of this article or an ordinance of like terms in another jurisdiction or have been arrested or convicted for a violation for which licensure may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
A license fee of $700 shall be submitted with
the application for a license. If the application is denied, one half
of the fee shall be returned.
The license shall be displayed in a conspicuous
public place in the adult-oriented establishment.
A.
Every license issued pursuant to this article will
terminate at the expiration of one year from the date of issuance,
unless sooner revoked, and must be renewed before operation is allowed
in the following year. 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 in triplicate with and dated by the City
Clerk. A copy of the application for renewal shall be distributed
promptly by the City Clerk to the Franklin Police Department 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, given
under oath or affirmation, as is required for an application for a
new license.
B.
A license renewal fee of $700 shall be submitted with
the application for renewal. In addition to the renewal fee, a late
penalty of $100 shall be assessed against the applicant who files
for a renewal less than 60 days before the license expires. If the
application is denied, one half of the total fees collected shall
be returned.
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 article or any rule or regulation adopted by
the Common Council pursuant to this article; 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 Common 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 article
is not paid.
(5)
Any intoxicating liquor or cereal malt beverage is
served or consumed on the premises of the adult-oriented establishment.
B.
The Common Council, 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 Common Council, pursuant to § 183-11.
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-oriented establishment for six months from the
date of revocation of the license.
Any adult-oriented 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-oriented
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)
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,
extended 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 height 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 the booth. No individuals shall damage or deface any portion
of the booth.
A.
Every act or omission by an employee constituting
a violation of the provisions of this article 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 operators' negligence or 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 article 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 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.
D.
The operator shall maintain the premises in a clean
and sanitary manner at all times.
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 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,
at no time shall there be less than one footcandle of illumination
in said aisles, as measured from the floor.
F.
The operator shall ensure compliance of the establishment
and its patrons with the provisions of this article.
G.
No operator shall suffer, allow or permit any employee
or performer 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, commonly referred to
as the "hand."
The provisions of Chapter 227, Wis. Stats.,
pertaining to contested cases, shall govern the administrative procedure
and review regarding the granting, denial, renewal, nonrenewal, revocation
or suspension of a license.
All private schools and public schools as defined
in Ch. 115, Wis. Stats., located within the City of Franklin are exempt
from obtaining a license hereunder when instructing pupils in professional
nursing care or human growth and development as a part of its curriculum.
All licensed medical care or professional nursing care facilities
located within the City of Franklin and the Franklin 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 to the City in equity and under law, any person who shall violate any provision of this article or who shall fail to obtain a license or permit as required hereunder, or who shall operate after his or her license is revoked, shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19. Any violation of this article is deemed to be a public nuisance, and the City may seek to enjoin or otherwise obtain relief and remedy for such violation in addition to any forfeiture action.
