[HISTORY: Adopted by the Common Council of the City of Hudson 5-17-1999 by Ord. No. 3-99. Amendments noted where applicable.]
It is the intent of this chapter to regulate sexually oriented businesses and related activities to promote the health, safety and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene materials.
Based on evidence concerning the adverse secondary effects of adult uses on the community in reports made available to the City Council, 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); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986); California v. LaRue, 409 U.S. 109 (1972); Iacobucci v. City of Newport, Ky, 479 U.S. 92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir.1997); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.1986); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir.1995); and South Florida Free Beaches, Inc. v. City of Miami, 734 F.2d 608 (11th Cir.1984), as well as studies conducted in other cities, including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and findings reported in the Final Report of the Attorney General's Commission on Pornography (1986), the Report of the Attorney General's Working Group On the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), and statistics obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, the City Council finds that:
Crime statistics show that all types of crimes, especially sex-related crimes, occur with more frequency in neighborhoods where sexually oriented businesses are located.
Studies of the relationship between sexually oriented businesses and neighborhood property values have found a negative impact on both residential and commercial property values.
Sexually oriented businesses may contribute to an increased public health risk through the spread of sexually transmitted diseases.
In this chapter, the following terms shall have the following meanings:
- ADULT ARCADE
- Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
- A. A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
- (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that depict or describe specified sexual activities or specified anatomical areas.
- (2) Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
- B. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas. A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
- ADULT CABARET
- A nightclub, dance hall, bar, restaurant or similar commercial establishment that regularly features:
- A. Persons who appear in a state of nudity or seminudity; or
- B. Live performances that are characterized by specified sexual activities; or
- C. Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or nudity.
- ADULT MOTION-PICTURE THEATER
- A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
- ADULT THEATER
- A theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear, in person, in a state of nudity and/or seminudity, and/or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
- A portion of the human female mammary gland (commonly referred to as the "female breast"), including the nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such outside area is:
- (For a short general description see the last sentence of this definition.) The area at the rear of the human body (sometimes referred to as the "glutaeus maximus") which lies between two imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being 1/2 inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being 1/2 inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the "gluteal fold"), and between two imaginary straight lines, one on each side of the body (the "outside line"), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the outer side of each leg. Notwithstanding the above, "buttocks" shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above-described portion of the human body that is between either the left inside perpendicular line and the left outside perpendicular line or the right inside perpendicular line and the right outside perpendicular line. For the purpose of the previous sentence, the left inside perpendicular line shall be an imaginary straight line on the left side of the anus that is perpendicular to the ground and to the horizontal lines described above and that is 1/3 of the distance from the anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus that is perpendicular to the ground and to the horizontal lines described above and that is 1/3 of the distance from the anus to the right outside line. (The above description can generally be described as covering 1/3 of the buttocks centered over the cleavage for the length of the cleavage.)
- A person who performs any service on the premises of a sexually oriented business on a full-time, part-time, contract basis or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not the said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer.
- A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
- ESCORT AGENCY
- A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
- Any of the following:
- A. The opening or commencement of any sexually oriented business as a new business;
- B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
- C. The additions of any sexually oriented business to any other existing sexually oriented business;
- D. The relocation of any sexually oriented business; or
- E. A sexually oriented business or premises on which the sexually oriented business is located.
- LICENSED DAY-CARE CENTER
- A facility licensed by the State of Wisconsin, under W.S.A. s. 48.65, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than four children under 14 years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
- NUDITY OR A STATE OF NUDITY
- The appearance of the human bare buttocks (as defined in this section), anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or the female breast with less than 1/4 of the breast surface area, contiguous to and containing the areola, completely and opaquely covered (see definition of breast in this section). Each female person may determine which 1/4 of her breast surface area contiguous to and containing the areola is to be covered.
- The person on the premises who is responsible for the control and management of the sexually oriented business.
- An individual, proprietorship, partnership, corporation, association or other legal entity.
- The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the owner or operator of the business.
- Recurring on a basis which is frequently, customarily or typically.
- SEMINUDE OR SEMINUDITY
- The exposure of a bare female breast with less than 1/4 of the breast surface area, contiguous to and containing the areola, completely and opaquely covered (see definition of breast in this section). Each female person may determine which 1/4 of her breast surface area contiguous to and containing the areola is to be covered.
- SEXUAL ENCOUNTER CENTER
- A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
- SEXUALLY ORIENTED BUSINESS
- An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency or sexual encounter center.
- SPECIFIED SEXUAL ACTIVITIES
- Includes any of the following:
Sexually oriented businesses shall be permitted in the B-2, General Business District; I-1, Light Industrial District; and I-2, General Industrial District upon receipt of a certificate of compliance and provided that:
The sexually oriented business may not be operated within:
Seven hundred fifty feet of a church, chapel, synagogue or regular place of religious worship.
Seven hundred fifty feet of a school; public or private preschool, elementary, middle or high school; or youth recreational center.
Seven hundred fifty feet of a licensed day-care center.
Seven hundred fifty feet of a public park.
Seven hundred fifty feet of any residential district; R-1, One-family Residential District; R-2, Two-family Residential District; RM-1, RM-2, RM-3, RM-4 Multiple-Family Residential Districts; R-T, Transitional Two-family Residential District and AR, Agricultural Residential District.
Five hundred feet of any licensed bar or tavern;
Five hundred feet of another sexually oriented business;
Seven hundred fifty feet of any residential district, school, church, youth recreational center, licensed daycare center, public park, tavern or sexually oriented business located outside the city.
A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business.
For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line or boundary of a property listed in Subsection A.
No person, employee, entertainer or patron shall be permitted to have any physical contact with any entertainer on the premises during any performance. All performances shall only occur on a stage, or on a table that is elevated at least 18 inches above the immediate floor level and, to prevent actual physical contact between the entertainer and any other person, employee or patron, shall not be less than five feet from any area occupied by any patron. Patrons shall not have any physical contact with, and shall not be less than five feet from, any entertainer during the payment of a tip or gratuity.
The sale, use or consumption of alcoholic beverages on the premises of a sexually oriented business is prohibited.
It shall be unlawful to allow a person who is younger than 18 years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business.
It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented businesses' regular business hours. It shall be the duty of the attendant to prohibit any person under the age of 18 years from entering the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of 18 unless such attendant asked for and was furnished:
No person shall cause another to commit a violation of this chapter, nor shall any person permit such violation to occur on any premise under his/her control, tenancy, management or ownership.
Hours of operation. No sexually oriented business regulated by this section may remain open between the hours of 2:00 a.m. and 8:00 a.m., except on Saturday and Sunday, when the closing hours shall be between 2:30 a.m. and 8:00 a.m.
Signs posted. All premises governed by this Section shall be required to post signs provided by the City of Hudson, which state:
Doors. Each entryway to a sexually oriented business featuring live entertainment shall be through use of a vestibule, screening, or double doors, and with window coverings, eliminate any direct line of sight from the public street area to any entertainer on the premises.
The provisions of this chapter do not apply to the following establishments: theaters, performing arts centers, civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic, social or political merit are offered on a regular basis; and in which the predominant business or attraction is not the offering of entertainment which is intended for the sexual interests or titillation of customers; and where the establishment is not distinguished by an emphasis on or the advertising or promotion of nude or seminude performances. While expressive live nudity may occur within these establishments, this chapter seeks only to minimize and prevent the secondary effects of sexually oriented businesses on the community. Negative secondary effects have not been associated with these establishments.
Violation of the use provisions of § 200-4 is declared to be a public nuisance per se, which shall be abated by City Attorney by way of civil abatement procedures.
Any person, partnership or corporation who violates any of the provisions of § 200-5 of this chapter shall be subject to a forfeiture of not less than $100 and not more than $500 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this chapter constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under W.S.A. s. 125.12.