[HISTORY: Adopted by the Board of Supervisors of Green Lake County 5-15-2001
by Ord. No. 729-01. Amendments noted where applicable.]
A.
It is the purpose of this chapter to regulate sexually
oriented adult entertainment establishment businesses (hereinafter referred
to as "adult-oriented establishments") to promote the health, safety, morals,
and general welfare of the citizens of the County of Green Lake, to prevent
the location and concentration of sexually oriented businesses within the
County, to aid in the alleviation and prevention of the adverse and deleterious
effects of criminal activity and disruption of the public peace associated
with such establishments, and to establish reasonable and uniform regulations
to prevent the serious health hazards associated with unsafe and unsanitary
conditions known to exist in those establishments and to alleviate the spread
of sexually transmitted diseases and other contagious diseases in those establishments.
B.
Based on evidence concerning the adverse secondary effects
of adult uses on the community presented in hearings and in reports made available
to the Board of Supervisors 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), and Barnes v. Glen Theatre, Inc., 501 U.S.
560 (1991), and on studies in other communities, including but not limited
to Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis,
Indiana; Amarillo, Texas; Garden Grove, Oklahoma; Cleveland, Ohio; and Beaumont,
Texas, and also on findings from the Report of the Attorney General's Working
Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State
of Minnesota), the Board of Supervisors finds that:
(1)
Sexually oriented establishments lend themselves to ancillary
unlawful and unhealthy activities. There is presently no mechanism to make
the owners of these establishments responsible for the activities that occur
on their premises.
(2)
Certain employees of sexually oriented establishments
defined in this chapter as adult theaters and cabarets engage in higher incidence
of certain types of illicit sexual behavior than employees of other establishments.
(3)
Sexual acts, including masturbation, and oral and anal
sex, occur at sexually oriented establishments, 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 establishments for the purpose of engaging in
sex within the premises of such establishments.
(6)
At least 50 communicable diseases may be spread by activities
occurring in sexually oriented establishments, including but not limited to
syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital
herpes, hepatitis B, Non A, 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 caused by the human immunodeficiency
virus (HIV) in the United States.
(8)
The number of cases of early (less than one year) syphilis
in the United States reported annually has risen.
(9)
The number of cases of gonorrhea in the United States
reported annually remains at a high level.
(10)
The Surgeon General of the United States in his report
of October 22 1986, 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.
(11)
According to the best scientific evidence, AIDS and HIV
infection, as well as syphilis and gonorrhea, are principally transmitted
by sexual acts.
(12)
Sanitary conditions in some sexually oriented establishments
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.
(13)
Numerous studies and reports have determined that semen
is found in the areas of sexually oriented establishments where persons view
adult-oriented films.
(15)
Sexually oriented establishments have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(16)
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 establishments. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the operator to see that
the sexually oriented establishment is run in a manner consistent with the
health, safety and welfare of its patrons and employees, as well as the citizens
of the County of Green Lake. It is appropriate to require reasonable assurances
that the licensee is the actual operator of the sexually oriented establishment,
fully in possession and control of the premises and activities occurring therein.
(17)
Removal of doors on adult booths and requiring sufficient
lighting on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring in
adult theaters.
(18)
Requiring licensees of sexually oriented establishments
to keep information regarding current employees and certain past employees
will help reduce the incidence of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing minors
from working in such establishments.
(19)
The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance of the
sexually oriented establishment, 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.
(20)
It is desirable in the prevention of the spread of communicable
diseases to obtain a limited amount of information regarding certain employees
who may engage in the conduct which this chapter is designated to prevent
or who are likely to be witnesses to such activity.
(21)
The fact that an applicant for an adult use license has
been convicted of a sexually related crime leads to the rational assumption
that the applicant may engage in that conduct in contravention of this chapter.
(22)
The barring of such individuals from the management of
adult uses for a period of years serves as a deterrent to and prevents conduct
which leads to the transmission of sexually transmitted diseases.
(23)
The general welfare, health, morals and safety of the
citizens of the County of Green Lake will be promoted by the enactment of
this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment or business which provides the service of baths
of all kinds, including all forms and methods of hydrotherapy, that is not
operated by a medical practitioner or a professional physical therapist licensed
by the State of Wisconsin and which establishment provides to its patrons
an opportunity for engaging in specified sexual activities, as defined herein.
An establishment or business wherein patrons are afforded an opportunity
to paint images on a body which is wholly or partially nude. For purposes
of this chapter, "adult body painting studio" shall not be deemed to include
a tattoo parlor.
Includes but shall not be limited to an establishment having as a
substantial or significant portion of its stock and trade in books, magazines,
and other periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to specified anatomical areas
or specified sexual activities. "Adult bookstore" shall also include, but
not be limited to, establishments which have a facility or facilities, including
but not limited to booths, cubicles, rooms or stalls, for the presentation
of adult entertainment, as defined herein, including adult-oriented films,
movies or live performances for observation by patrons therein, or which,
as part of their regular and substantial course of conduct, offer for sale,
rent, trade, lease, inspection or viewing books, films, videocassettes, magazines
or other periodicals which are distinguished or characterized by their emphasis
on matters depicting, describing or relating to adult entertainment, as defined
herein.
A cabaret which features male or female impersonators or similar
entertainers.
Any exhibition of any motion pictures, live performance, display
or dance of any type which has as a significant or substantial portion of
such performance based on or which is distinguished or characterized by an
emphasis on sex and/or sexual gratification, or any actual or simulated performance
of specified sexual activities or exhibition and viewing of specified anatomical
areas, as defined herein, appearing unclothed, or the removal of articles
of clothing to reveal specified anatomical areas.
An enclosed building with a capacity of 50 or fewer persons at which
a significant or substantial portion of the material presented is distinguished
or characterized by an emphasis on matter depicting, describing, or relating
to specified anatomical areas or specified sexual activities, as defined herein,
for observation by patrons therein.
An establishment or business which provides the services of modeling
for the purpose of reproducing the human body wholly or partially nude by
means of photography, painting, sketching, drawing or otherwise.
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 or description of specified anatomical areas or specified
sexual activities, as defined herein; and has a sign visible from the public
right-of-way which advertises the availability of this adult type of photographic
reproductions;
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.
An enclosed building with a capacity of more than 50 persons at which
a significant or substantial portion of the material presented is distinguished
or characterized by an emphasis on matter depicting, describing, or relating
to specified anatomical areas or specified sexual activities, as defined herein,
for observation by patrons therein.
A parcel of land from which individuals may view a motion picture
presented out of doors which presents material distinguishably characterized
by an emphasis on matter depicting, describing, or relating to specified anatomical
areas or specified sexual activities, as defined herein.
An establishment or business having as a substantial or significant
portion of its stock and trade in novelty or other items which are distinguished
or characterized by their emphasis on specified anatomical areas or designed
for specified sexual activities, as defined herein.
Includes, but shall not be limited to, adult bookstores, adult motion-picture
theaters (indoor or outdoor), adult mini motion-picture theaters, adult motels,
adult novelty shops, adult cabarets, adult bathhouses, adult modeling studios,
and adult body painting studios and further means any premises to which public
patrons or members are regularly invited, admitted and/or allowed to view
adult entertainment, whether or not such entertainment is held, conducted,
operated or maintained for profit, direct or indirect. "Adult-oriented establishment"
further includes, without being limited to, any adult entertainment studio
or any premises that is physically arranged and used as such, whether advertised
or represented as an adult entertainment studio, rap studio, exotic dance
studio, encounter studio, sensitivity studio, modeling studio or any other
term of like import.
Such enclosures as are specifically offered to the public or members
of an adult-oriented establishment for hire or for a fee as part of a business
operated on the premises which offers as part of its business the entertainment
to be viewed within the enclosure, which shall include, without limitation,
such enclosures wherein the entertainment is dispensed for a fee but a fee
is not charged for mere access to the enclosure. However, "booth," "room"
or "cubicle" does not mean such enclosures that are private offices used by
the owners, managers or persons employed on the premises for attending to
the tasks of their employment, which enclosures are not held out to the public
or members of the establishment for hire or for a fee or for the purpose of
viewing entertainment for a fee and are not open to any persons other than
employees, nor shall this definition apply to hotels, motels, or other similar
establishments licensed by the State of Wisconsin pursuant to Ch. 50, Wis.
Stats.
A building, whether situated within the County or not, in which persons
regularly assemble for religious worship intended primarily for purposes connected
with such worship or for propagating a particular form of religious belief.
Any person who:
Is allowed to enter an adult-oriented establishment in return for the
payment of an admission fee or any other form of consideration or gratuity;
Enters an adult-oriented establishment and purchases, rents or otherwise
partakes of any merchandise, goods, entertainment or other services offered
therein; or
Is a member of and on the premises of an adult-oriented establishment
operating as a private club.
A facility licensed by the State of Wisconsin, pursuant to § 48.65,
Wis. Stats., whether situated within the County or not.
Any and all persons, including independent contractors, who work
in or at or render any services directly related to the operation of an adult-oriented
establishment.
Any person who provides entertainment within an adult-oriented establishment
as defined herein, whether or not a fee is charged or accepted for entertainment
and whether or not entertainment is provided as an employee or independent
contractor.
Any person, partnership or corporation operating, conducting, maintaining
or owning any adult-oriented establishment.
Pertaining to the use of land, whether situated within the County
or not, for premises such as homes, townhouses, duplexes, condominiums, apartments
and mobile homes which contain habitable rooms for nontransient occupancy
and which are designed primarily for living, sleeping, cooking and eating
therein. A premises which is designed primarily for living, sleeping, working
and eating therein shall be deemed to be residential in character unless it
is actually occupied and used exclusively for other purposes. Hotels, motels,
boardinghouses, nursing homes and hospitals shall not be considered to be
residential.
A building, whether situated within the County or not, where persons
regularly assemble for the purpose of instruction or education, together with
the playgrounds, stadiums and other structures or grounds used in conjunction
therewith. The term is limited to:
Public and private schools used for primary or secondary education in
which any regular kindergarten or grades one through 12 classes are taught;
and
Special educational facilities in which students who have physical or
learning disabilities receive specialized education in lieu of attending regular
classes in kindergarten or any of grades one through 12.
Showing of human genitals in a state of sexual stimulation or arousal.
Acts of human masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
Fondling or other erotic touching of human genitals, pubic region, buttocks,
or female breasts.
As used in various definitions shall mean 50% or more of a business'
stock-in-trade, display space, floor space or retail sales in any one month
during the license year.
A.
Except as provided in Subsection D below, from and after the effective date of this chapter, no adult-oriented establishment shall be operated or maintained within the corporate limits of the County of Green Lake without obtaining a license to operate issued by the County of Green Lake.
B.
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place. Any person, partnership or corporation
who or which desires to operate more than one adult-oriented establishment
must have a separate 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 chapter need not immediately obtain a license but must
submit an application for a license within 90 days of the passage of this
chapter. If an application is not received within said ninety-day period,
then such existing adult-oriented establishment shall cease operations. An
adult-oriented establishment shall be deemed to be existing at the time of
the passage of this chapter if it fell within the definition of such term
at any point during the thirty-day period prior to the passage of this chapter
and intends to continue adult-oriented operations beyond the date of the passage
of this chapter.
A.
License procedure. Any person, partnership, or corporation
desiring to secure a license shall make application to the County Clerk. The
application shall be filed in triplicate. A copy of the application shall
be distributed within 10 days of receipt thereof to the Chairman of the Board
of Supervisors, Department of Health and Human Services, Surveyor/Land Development
Director and Zoning Code enforcement officers.
B.
The application for a license shall be upon a form approved
by the County Clerk. All such licenses shall specify the nature of the holder
and the license and the dates for which it is applicable as well as any conditions
that may be imposed by the County. An applicant for a license, which shall
include all partners or limited partners of a partnership applicant, all officers
or directors of a corporate applicant, all members of a limited liability
company applicant, and any other person who is interested directly in the
ownership or operation of the business, shall furnish the following information
under oath:
(1)
Name and address, including all aliases.
(2)
Written proof that the individual is at least 18 years
of age.
(3)
All residential addresses of the applicant for the past
10 years.
(4)
The business, occupation, or employment of the applicant
for the 10 years immediately preceding the date of application.
(5)
Whether the applicant previously operated in this or
any county or city under an adult-oriented establishment license or similar
business license and whether the applicant has ever had such license revoked
or suspended, the reason therefor and the business entity or trade name under
which the applicant operated that was subject to the suspension or revocation.
(6)
All criminal convictions, whether federal or state, or
County ordinance violation convictions, forfeiture of bond and pleadings of
nolo contendere on all charges, except minor traffic violations.
(7)
Fingerprints and two portrait photographs at least two
inches by two inches of the applicant. Each applicant shall make arrangements
to provide fingerprints in person at the Green Lake County Sheriff's Department
and pay all costs or fees as may be charged by the Sheriff's Department. The
required photograph may also be taken through the Sheriff's Department, although
not necessary, provided that the applicant pays all costs or fees as may be
charged by the Sheriff's Department.
(8)
The address of the adult-oriented establishment to be
operated by the applicant.
(9)
If the applicant is a corporation or limited liability
company, the application shall specify the name of the corporation or limited
liability company, the date and state of incorporation or organization, the
name and address of the registered or principal agent, and all officers, directors
or managing members of the corporation or limited liability company.
A.
General requirements. To receive a license to operate an adult-oriented establishment, each person required to be named for the adult-oriented establishment under § 93-4B must meet the following standards:
(1)
The person shall be at least 18 years of age.
(2)
Subject to Ch. 111, Wis. Stats., the person shall not
have been convicted of or pleaded nolo contendere to a felony or any crime
or ordinance violation involving moral turpitude, prostitution, obscenity,
or other crime of a sexual nature in any jurisdiction within five years immediately
preceding the date of the application.
(3)
The person shall not have been found to have previously
violated this chapter within five years immediately preceding the date of
the application.
B.
No license shall be issued unless the Green Lake County
Sheriff's Department has investigated the applicant's qualifications to be
licensed. The results of that investigation shall be filed in writing with
the County Clerk no later than 14 days after the date of the application.
C.
The Sheriff/Inspector, Department of Health and Human
Services, Surveyor/Land Development Director and Zoning Code enforcement officers
shall inspect the premises proposed to be licensed to verify compliance with
their respective codes and shall report compliance findings to the County
Clerk within 14 days of the date of application. No license may be issued
hereunder unless the premises is approved by the above inspection authorities.
D.
No license shall be issued unless the applicant provides
proof of one of the following:
(1)
Ownership of a properly zoned building or parcel of real
property upon which a building can be constructed. Proper zoning includes
permissible nonconforming use status.
(2)
A lease on a building which is properly zoned to house
the venture. Proper zoning includes permissible nonconforming use status.
(3)
An option to purchase property which is properly zoned
for the venture. Proper zoning includes permissible nonconforming use status.
(4)
An option to lease property which is properly zoned for
the venture. Proper zoning includes permissible nonconforming use status.
E.
No license shall be granted for operation on any premises
or with any equipment for which taxes, assessments, forfeitures or other financial
claims of the County are delinquent or unpaid.
F.
No more than three annual licenses, issued under this
chapter, shall be issued to license holders within the County of Green Lake
limits at one time.
A license application shall be accompanied by a fee of $500. If for
any reason the license is denied, $250 shall be returned to the applicant.
If the license is granted, the County will retain the entire fee.
The license shall be displayed in a conspicuous public place in the
adult-oriented establishment.
A.
Every license issued pursuant to this chapter will terminate
on December 31 of the year it is issued, 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 County 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. The renewal application
shall be distributed to the same inspection authorities and subject to the
same background check and building inspection requirements as for an application
for a new license. The application for renewal shall be upon a form provided
by the County 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 $500 shall be submitted with
the application for renewal. If for any reason the license renewal is denied,
$250 shall be returned to the applicant. If the license renewal is granted,
the County will retain the entire fee.
A.
Opportunity shall be given by the Board of Supervisors
to any person to be heard for or against the granting of any license hereunder.
Upon the approval of the applicant by the Board of Supervisors, the County
Clerk shall issue to the applicant the license.
B.
If the Board of Supervisors denies the initial application,
the County Clerk shall, within 14 days of the denial, send notice to the applicant
in writing stating the reasons for such action. The notice shall also inform
the applicant of the opportunity to appear before the Board of Supervisors
and to provide evidence as to why the denial should be reversed. In addition,
the notice shall inform the applicant that the reconsideration of the application
shall be held in closed session, pursuant to § 19.85(1)(a), Wis.
Stats., unless the applicant requests such reconsideration be held in open
session and the Board of Supervisors consents to the request. If the applicant
requests a hearing within 10 days of receipt of the notice of denial, the
hearing before the Board of Supervisors shall occur at its next regularly
scheduled meeting.
C.
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 the investigation 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 County Clerk.
D.
No application for any license hereunder which has been
denied by the Board of Supervisors for any reason shall again be considered
by the Board of Supervisors for a period of three months from the date of
such denial.
Any adult-oriented establishment having open for customers, patrons,
or members any booth, room, or cubicle for the private viewing of any sexually
oriented adult entertainment must comply with the following requirements:
A.
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.
Every booth, room or cubicle shall meet the following
construction requirements:
(1)
Each booth, room or cubicle shall be separated from adjacent
booths, rooms, cubicles, and any nonpublic areas by a wall.
(2)
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.
(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 lighting level of each booth, room or cubicle, when
in use, shall be a minimum of 10 footcandles at all times as measured from
the floor.
C.
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, room or cubicle.
No individual shall damage or deface any portion of the booth, room or cubicle.
D.
No dancer, performer, or any individual who is performing,
singing or dancing shall have either direct or indirect physical contact with
any patron.
E.
While dancing or other performance is in progress, the
establishment shall be adequately illuminated so as to permit safe ingress
and egress from the premises.
F.
Good order shall be maintained at all times. Without
limitation due to enumeration, a lack of good order for purposes of this chapter
shall be deemed to include persistent loud noises to the annoyance or detriment
of surrounding property owners or patrons, urinating in public, profane language
and/or fighting.
G.
Music and other entertainment which is amplified inside
shall cease no later than 2:00 a.m.
H.
The license holder shall ensure that building capacity
limits are set so that the appropriate fire inspection and/or building inspection
authorities are complied with at all times.
J.
The management and employees of all license holders shall
obey all reasonable orders and directions of any law enforcement officer.
K.
The performance of any dance by performers under the
auspices of the management shall be given only on a raised portion of the
floor separated by a railing or other device from the patrons so as to deter
patrons from participating in the dance.
L.
It is forbidden by this chapter to perform live acts
or simulated acts of sexual intercourse, masturbation, sodomy, bestiality,
oral copulation, flagellation, or any sexual acts which are prohibited by
law on the premises so licensed.
M.
The actual live touching, caressing or fondling of the
breasts, butt cheeks, anus or genitals is prohibited.
N.
The actual live use of simulated sexual organs during
dance or performances is prohibited.
O.
Entertainers or dancers are prohibited from soliciting
or serving drinks or food while performing.
P.
No person who serves beverages or food may be nude or
unclothed, which means the showing of specified anatomical areas as defined
herein.
Q.
No customer may pay a gratuity or consideration to an
entertainer or dancer while performing whereby the gratuity or consideration,
any part of the customer's body or clothing or any device held or controlled
by the customer comes into contact with the entertainer's or dancer's body,
clothing or any device held or controlled by the entertainer or dancer.
R.
No license holder shall permit any amateur dancing, obscene
entertainment, or performances on the license holder's premises in violation
of this chapter or any applicable state and federal laws.
S.
No adult-oriented establishment licensed under this chapter
shall be located within 1,000 feet of any residential area or zoned residential
district, church, school, day-care center or public park or within 500 feet
of another adult-oriented establishment licensed under this chapter. For the
purpose of this subsection, measurement shall be made in a straight line,
without regard to the 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 herein, or to the nearest portion of the building
or structure used as the part of the premises where another sexually oriented
business is conducted, whichever is applicable. Presence of a city, county
or other political subdivision boundary shall be irrelevant for purposes of
calculating and applying the distance requirements of this subsection.[1]
A.
An operator licensed under this chapter shall maintain
a register of all employees showing the name and aliases used by the employee,
home address, birth date, sex, telephone numbers, social security number,
and date of employment and termination. The above information on each employee
shall be maintained in the register on the premises for a period of three
years following termination of the employee.
B.
The operator shall make the register of employees available
immediately for inspection by the Sheriff upon demand of a member of the Green
Lake County Sheriff's Department at all reasonable times.
C.
Every act or omission by an employee constituting a violation
of the provisions of this chapter shall be the act or omission of the operator
if such act or omission occurs either with the authorization, knowledge, or
approval of the operator, or is a result of the operator's negligent failure
to supervise the employee's conduct, and the operator shall be punished for
such act or omission in the same manner as if the operator committed the act
or caused the omission.
D.
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
operator for purposes of determining whether the operator's license shall
be revoked, suspended, or renewed.
E.
No employee of an adult-oriented establishment shall
allow any minor to loiter around or to frequent an adult-entertainment establishment
or allow any minor to view adult entertainment as defined herein.
F.
The operator shall maintain the premises in a clean and
sanitary manner at all times.
G.
The operator shall ensure compliance of the establishment
and its patrons with the provisions of this chapter.
H.
The operator shall ensure there is conspicuously posted
inside each booth, room or cubicle an unmutilated and undefaced sign or poster
supplied by the health inspection authority which contains information regarding
sexually transmitted diseases and the telephone numbers from which additional
information can be sought.
I.
The operator shall ensure there are conspicuously displayed
at a place near the main entrance of the establishment, or portion thereof,
any information, brochures, or pamphlets supplied by the health inspection
authority pertaining to sexually transmitted diseases.
J.
The operator shall ensure there are posted regulations
concerning booth, room or cubicle occupancy on signs, with lettering at least
one inch high, that are placed in conspicuous areas of the establishment and
in each of the booths, rooms or cubicles.
K.
The operator shall be responsible for paying all reasonable
costs or fees charged by the health inspection authority for supplying posters,
brochures, pamphlets, and other information as described under this section.
A.
All operators, employees, and independent contractors
working in any adult-oriented establishment licensed hereunder shall, prior
to beginning employment or contracted duties, register with the Green Lake
County Sheriff's Department, unless such person(s) has (have) already done
so under the license application procedures required under this chapter. Such
registration shall include the following:
(1)
Name, address, birth date, any aliases used, telephone
numbers, date of employment and name of employer.
(2)
Photographs and fingerprinting submitted according to the same standards established under the license application procedures under § 93-4. Each person governed by this provision shall make arrangements to provide fingerprints in person at the Green Lake County Sheriff's Department and pay all costs or fees as may be charged by the Green Lake County Sheriff's Department. The required photographs may also be taken through the Sheriff's Department, although not necessary, provided that the applicant pays all costs or fees as may be charged by the Sheriff's Department.
B.
All registrations hereunder are valid for a period of
one year.
A.
General. Any license granted herein may be revoked or
suspended, indefinitely, or not renewed by the Board of Supervisors as follows:
(1)
If the applicant has made or recorded any statement required
by this chapter knowing it to be false or fraudulent or intentionally deceptive.
(2)
For the violation of any provision of this chapter, except
for establishment license matters involving the violation of County building
codes; in such case the license shall be revoked after the second conviction
thereof in any license year.
(3)
After one conviction of any establishment personnel of
an offense under Ch. 944, Wis. Stats., or of an offense against the person
or property of a patron of the property or of an offense involving a substance
in Subchapter II of Ch. 961, Wis. Stats., where there is shown the participation
or knowledge of any other establishment personnel or of any individual within
the business structure of the applicant.
B.
Notice of hearing. No license shall be revoked, suspended,
or not renewed by the Board of Supervisors hereunder except upon due notice
and hearing to determine whether grounds for such action exist. Such hearing
shall be held before the Committee of the Whole. Notice of such hearing shall
be in writing and shall state the grounds of the complaint against the licensee.
The notice shall be served upon the licensee at least 15 days prior to the
date of the hearing and shall state the time and place thereof. The licensee
shall be entitled to be heard, to be represented by counsel, to cross-examine
opposing witnesses, and to present witnesses on his or her own behalf under
subpoena by the Board of Supervisors, if such is required, and the hearing
may be stenographically recorded at the licensee's option and expense. At
the conclusion of such hearing, the Committee of the Whole shall prepare and
submit a report including findings of fact and conclusions of law and a recommendation
of action with respect to the license. The Committee shall provide the complainant
and licensee with a copy of the report. The Board of Supervisors shall decide
the matter and shall prepare a written decision which shall be filed with
the County Clerk, and a copy thereof shall be delivered to the licensee and
complainant within 20 days after its decision.
All private schools and public schools, as defined in Ch. 115, Wis.
Stats., located within the County of Green Lake are exempt from obtaining
a license hereunder when instructing pupils in sex education as part of their
curriculum.
In addition to any other actions allowed by law or taken by the Board
of Supervisors, including the action of license revocation or nonrenewal,
anyone who violates any of the provisions of this chapter shall forfeit not
less than $500 but no more than $1,000 for each and every offense, together
with the costs of prosecution. If such forfeiture and costs are not paid,
such person so convicted shall be subject to any civil penalties or other
penalties available by law.
