[HISTORY: Adopted by the Village Board of the Village of Johnson Creek as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-6-1999 by Ord. No. 6-99]
It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer, or patron to perform or engage in, any live act, demonstration, dance, or exhibition on the premises of a licensed establishment which:
The provisions of this article do not apply to the following licensed 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 to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
As used in this article, the following terms shall have the meanings indicated:
- LICENSED ESTABLISHMENT
- Any establishment licensed by the Village Board of the Village of Johnson Creek to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
- The holder of a retail "Class A," "Class B," Class "B," Class "A" or "Class C" license granted by the Village Board of the Village of Johnson Creek pursuant to Ch. 125, Wis. Stats.
Any person, partnership, or corporation who or which violates any of the provisions of this article shall be subject to a forfeiture as provided in Chapter 60, Penalties. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this article constitutes sufficient grounds for suspending, revoking, or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The following definitions shall be applicable in this article:
- ADULT BOOKSTORE
- An establishment having as 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 relating to specified sexual activities or specified anatomical areas as defined herein and, in conjunction therewith, having facilities for the presentation of adult entertainment as herein defined, including adult-oriented films, movies or live performances, for observation by patrons therein.
- ADULT CABARET
- A cabaret which features topless dancers, strippers, male or female impersonators or similar entertainers.
- ADULT ENTERTAINMENT
- Any exhibition of any motion picture, 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 herein defined or the removal of articles of clothing or appearing partially or totally nude.
- ADULT MINI MOTION-PICTURE THEATER
- An enclosed building with a capacity of fewer 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 herein defined for observation by patrons therein.
- 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 herein for observation by patrons therein.
- ADULT-ORIENTED ESTABLISHMENT
- Includes but is not limited to adult bookstores, adult motion-picture theaters, adult mini motion-picture theaters or adult cabarets and further means any 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 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, partnership or corporation operating, conducting, maintaining or owning any adult-oriented establishment.
- SPECIFIED SEXUAL ACTIVITIES
- Simulated or actual:
From and after the effective date of this article, no adult-oriented establishment shall be operated or maintained in the Village without having procured a license as provided in this article and having further complied with all statutes, ordinances and regulations of the state, county and Village applicable thereto.
A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person who desires to operate more than one adult-oriented establishment must have a license for each.
No license or interest in a license may be transferred to any person.
Any person desiring to secure a license shall make application to the Village Clerk-Treasurer. The application shall be filed in duplicate with and dated by the Village Clerk-Treasurer. A copy of the application shall be distributed promptly by the Village Clerk-Treasurer to the applicant.
The application for a license shall be upon a form provided by the Village Clerk-Treasurer. An applicant for a license interested directly in the ownership or operation of the business shall furnish the following information under oath:
Name and address, including all aliases.
Written proof that the individual is at least 21 years of age.
The address of the adult-oriented establishment to be operated by the applicant.
If the applicant is a corporation, the name of the corporation, the date and state of incorporation, the name and address of the registered agent, 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.
Applications shall be signed and sworn to by the applicant as provided by § 887.01, Wis. Stats.
Applicants must provide a copy of their seller's permit, along with their application, as proof that they are in good standing for sales tax purposes before they may be issued a license.
Any false statement contained in such application shall automatically nullify any license issued pursuant thereto.
If any fact given in an application subsequently changes, the licensee shall file a notice in writing of such change with the Clerk-Treasurer within 10 days.
The Police Chief shall make an investigation of the applicant to determine whether the applicant possesses the qualifications necessary for issuance of a license under this article within 14 days of receiving an application.
The Police Chief and Health Officer shall inspect the premises proposed to be licensed within 14 days of receiving an application to determine whether such premises conforms to this article and to the ordinances of the Village and the laws of the state and any administrative regulations which are applicable which have been issued by the state or any agency of the state.
Each of the above officers shall file written reports with the Clerk-Treasurer. If any such report is unfavorable, a copy thereof shall be mailed to the applicant together with a notice of the next regularly scheduled Personnel and Finance Committee meeting.
Each application shall be referred by the Village Clerk-Treasurer to the Personnel and Finance Committee which shall make such additional investigation as to the advisability of granting such license as may be necessary or desirable. The Personnel and Finance Committee shall recommend grant or denial of the license by the Village Board.
No license shall be granted under this article until the Village Board shall authorize the same.
Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his refusal or failure to appear at any reasonable time and place for examination under oath regarding such application, or his refusal to submit to or cooperate with any investigation required by this article, shall constitute an admission by the applicant that he is ineligible for such license and shall be grounds for denial thereof by the Village Board.
Whenever an application is denied, the Village Clerk-Treasurer 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 next regularly scheduled Village Board meeting as hereinafter provided.
To receive a license to operate an adult-oriented establishment, an applicant must meet the following standards:
If the applicant is a corporation:
All officers, directors and stockholders required to be named under § 83-7B shall be at least 21 years of age.
If the applicant is a partnership, joint venture or any other type of organization where two or more persons have a financial interest, all persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 21 years of age.
The license shall be displayed in a conspicuous public place in the adult-oriented establishment.
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 Village Clerk-Treasurer. The application for renewal must be filed no later than 60 days before the license expires. The application for renewal shall follow the same procedure as an original application.
The Village Board shall revoke a license for any of the following reasons:
Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
The operator or any employee of the operator violates any provision of this article or any rule of regulation adopted by the Village Board 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 Village Board 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.
The operator becomes ineligible to obtain a license.
Any cost or fee required to be paid by this article is not paid.
Any intoxicating liquor or fermented malt beverage is served or consumed on the premises of the adult-oriented establishment.
The Village Board before revoking or suspending any license shall give the operator at least 10 days' written notice of the charges against him and the opportunity for a public hearing before the Village Board as hereinafter provided.
The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
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:
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.
Construction. Every booth, room or cubicle shall meet the following construction requirements:
Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any nonpublic areas by a wall.
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.
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.
The floor must be light colored, nonabsorbent, smooth textured and easily cleanable.
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.
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 individual shall damage or deface any portion of the booth.
The operator shall maintain a register of all employees, showing the name and aliases used by the employee, home address, age, birth date, sex, height, weight, color of hair and eyes, phone numbers, Social Security number, date of employment and termination and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of three years following termination.
The operator shall make the register of employees available immediately for inspection by police upon demand of a member of the Police Department at all reasonable times.
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 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.
Any act or omission of any employee constituting a violating 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.
No 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.
The operator shall maintain the premises in a clean and sanitary manner at all times.
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, that at no time shall there be less than one footcandle of illumination in such aisles as measured from the floor.
The operator shall ensure compliance of the establishment and its patrons with the provisions of this article.
All employees of the establishment are to be at least 18 years of age.
Chapter 68, Wis. Stats., shall govern the administrative procedure 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., located within the Village are exempt from obtaining a license hereunder when instructing pupils in sex education as part of their curriculum.
Village law enforcement officers, building inspectors and fire inspectors shall have the authority to enter any adult-oriented establishment at all reasonable times to inspect the premises and enforce this article.