[HISTORY: Adopted by the Village Board of the Village of New Glarus 8-16-2005
by Ord. No. 05-02. Amendments noted where applicable.]
The purpose of this chapter is to promote and protect the comfort, health,
safety, and general welfare of the citizens of the Village of New Glarus,
Wisconsin. Pursuant to this, it is the legitimate interest of the Village
of New Glarus to regulate the secondary effects of adult entertainment, such
as increased criminal activity, prostitution, urban blight, neighborhood deterioration,
lowering of adjacent property values, and loss of retail establishments. The
New Glarus Village Board Trustees are familiar with smaller municipalities,
similar to New Glarus, neighboring or adjacent to larger municipalities, which
have chosen to regulate such secondary effects of adult-oriented establishments.
The intent of this chapter is to restrict harmful secondary effects associated
with adult entertainment establishments rather than to prohibit artistic expression.
The following definitions shall be applicable in this chapter:
An establishment having as a substantial or significant part of its
business the sale, rent, lease, inspection or viewing books, films, video
cassettes, sound recording, pamphlets, magazines or other periodicals, or
other printed matter, however reproduced, any pictures, photographs, drawings,
motion-picture films, or similar visual representations or images, of a person
or portions of a human body which are distinguished or characterized by their
emphasis on matters depicting, describing or relating to specified anatomical
areas or specified device, costume or covering or specified sexual activities,
as herein defined, and may, in conjunction therewith, have facilities for
the presentation of adult entertainment as herein defined, including adult-oriented
film, movies or live performances for observation by patrons therein. "Substantial
or significant part of the business" means dedication or use of more than
10% of the available floor, wall and display space for the sale, rental or
loan of the subject matter referenced above, including space devoted to the
viewing of video tapes or films, listening to sound recordings, live performances,
or display and advertisement of subject matter referenced herein equal to
or in excess of 10% of the total merchandise for sale, rental or loan. Material,
however distributed, which is published by a medical products manufacturer,
a medical or health association, an insurance company, or by a consumer education
organization shall not be considered part of the business of operating an
adult book or video store.
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 anatomical
areas or specified device, costume or covering or specified sexual activities
as herein defined or the removal of articles of clothing or appearing partially
or totally nude. This may include establishments or businesses which provide
the service of applying paint or other substance, whether transparent or nontransparent,
to or on the body of a patron, employees, agents or independent contractors,
or other person when such body is wholly or partially nude in terms of specified
anatomical areas as defined herein; a cabaret which features topless dancers,
strippers, male or female impersonators or similar entertainers wherein live
presentation distinguished or characterized by an emphasis on matters depicting,
describing or relating to specified anatomical areas or specified device,
costume or covering or specified sexual activities as defined herein; a wash
facility for any type of motor vehicle that allows employees, agents or independent
contractors, or other persons to appear in a state of partial or total nudity
in terms of specified anatomical areas as defined herein.
An adult book or video store, or adult entertainment establishment,
as herein defined.
The Public Works/Safety Committee for the Village of New Glarus,
Wisconsin.
Any person, partnership or corporation operating, conducting, maintaining
or owning any adult-oriented establishment.
Simulated or actual:
Showing of human genitals in a state of sexual stimulation or arousal.
Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia,
sadomasochistic abuse, fellatio or cunnilingus.
Fondling or erotic touching of human genitals, pubic region, buttock
or female breasts.
Any combination of the foregoing.
Any device, costume or covering which gives the appearance of or
simulates specified anatomical areas as defined herein.
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 in the Village without having procured a license as provided in this chapter and having further complied with all statutes, ordinances and regulations of the state, county and village applicable thereto.
B.
Pursuant to § 125.10(1), Wis. Stats., no intoxicating
liquor or fermented malt beverage may be sold, purchased, served or consumed
on the premises of the adult-oriented establishment.
C.
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.
D.
No license or interest in a license may be transferred
to any person.
E.
All adult-oriented establishments existing at the time
of the passage of this chapter must submit an application for a license within
90 days of the passage of this chapter. If an application is not received
within such ninety-day period, then such existing establishment shall cease
operations.
A.
Any person desiring to secure a license shall make application
to the Village Clerk. The application shall be filed in duplicate with, and
dated by, the Village Clerk. A copy of the application shall be distributed
promptly by the Village Clerk to the applicant.
B.
The application for a license shall be upon a form provided
by the Village 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, address, and telephone number, including all aliases.
(2)
Written proof that the individual is at least 18 years
of age.
(3)
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, 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.
(5)
Applications shall be signed and sworn to by the applicant
as provided by § 887.01, Wis. Stats.
(6)
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.
(7)
Any false statement contained in such application shall
automatically nullify any license pursuant thereto.
(8)
If any fact given in an application subsequently changes,
the licensee shall file a notice in writing of such change with the Village
Clerk within 10 days.
(9)
Status of the applicant, whether natural person, corporation,
partnership, or other form of organization.
(10)
The legal description of the premises to be licensed,
along with a floor plan of the premises. The floor plan of the premises shall
detail all internal operations and activities, including a statement of the
total floor space occupied by the business. The floor plan must be drawn to
a designated scale or drawn with marked dimensions of the interior of the
premises to an accuracy of plus or minus six inches.
(11)
If the applicant has ever used or has been known by a
name other than the applicant's name, and if so, the name or names used
and information concerning dates and places where used.
(12)
The street and municipal addresses at which the applicant
has lived during the preceding two years.
(13)
The type, name and location of every business or occupation
in which the applicant has been engaged during the preceding two years and
the name(s) and address(es) of the applicant's employer(s) and partner(s),
if any, for the preceding two years.
(14)
Whether the applicant has ever been convicted or is currently
charged with a violation of a felony, crime or violation of any ordinance
if the circumstances of the charge or conviction substantially relate to the
operation of an adult-oriented establishment. If so, the applicant shall furnish
information as to the time, place and offense for each conviction.
A.
The Chief of Police shall make an investigation of the
applicant to determine whether the applicant possesses the qualifications
necessary for issuance of a license under this Chapter within 21 days of receiving
an application.
B.
The Fire Chief and Building Inspector shall inspect the
premises proposed to be licensed to determine whether such premises conforms
to this chapter and with 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 within 21 days of receiving
an application.
C.
Each of the above officers shall file written reports
to the Village Clerk. If any such report is unfavorable, within 14 days of
receiving said report, a copy thereof shall be mailed to the applicant, together
with a notice of the next regularly scheduled Public Works / Safety Committee
meeting.
D.
Each application shall be referred by the Village Clerk
to the Public Works / Safety Committee which shall make such additional investigation
as to the advisability of granting such license as may be necessary or desirable.
The Public Works / Safety Committee shall recommend to the Village Board the
granting or denial of the license within sixty (60) days of receiving an application.
E.
No license shall be granted under the chapter until the
Village Board shall authorize the same.
F.
Failure or refusal of the applicant to give any information
relevant to the investigation of the application, or his/her refusal or failure
to appear at any reasonable time and place for examination under oath regarding
such application, or his/her refusal to admit to or cooperate with any investigation
required by this chapter, shall constitute an admission by the applicant that
he/she is ineligible for such license and shall be grounds for denial thereof
by the Village Board.
G.
Whenever an application is denied, the Village 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 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:
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 chapter or a similar ordinance in another municipality within
five years immediately preceding the date of the application.
(3)
The applicant has not been convicted of an offense, and
is not currently charged with an offense, substantially related to adult-oriented
establishments.
B.
If the applicant is a corporation:
(1)
All officers, directors and stockholders required to be named under § 88-4B shall be at least 18 years of age.
(2)
No officer, director or stockholder required to be named under § 88-4B shall have been found to have previously violated this section within five years immediately preceding the date of the application.
(3)
The applicant has not been convicted of an offense and
is not currently charged with an offense substantially related to adult-oriented
establishments.
C.
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 18 years of age.
D.
Satisfies the appropriate zoning code.
The license shall be displayed in a conspicuous public place in the
adult establishment.
A.
Every license issued pursuant to this chapter 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. 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.
B.
The issuing authority shall issue a renewal license unless
one or more of the following conditions exist:
(1)
The applicant is a minor at the time the application
is submitted.
(2)
The applicant submitted false or misleading information
or date on any application or material facts were omitted from any application.
(3)
The adult-oriented establishment in the immediately preceding
license year was found to have violated the license restrictions described
in this chapter.
(5)
The premises licensed as an adult-oriented establishment
is currently operating as a tanning facility, tattoo establishment or therapeutic
massage enterprise.
(6)
The applicant has ever been convicted of a felony, crime
or violation of any ordinance other than a misdemeanor traffic ordinance.
(7)
The applicant has allowed intoxicating liquor or cereal
malt beverage to be sold, purchased, served or consumed on the premises of
the adult-oriented establishment.
(8)
The applicant has had an adult-oriented establishment
license revoked within a one year period immediately preceding the date the
application was submitted.
A.
The Village Board shall revoke a license or permit 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 chapter or any rule or regulation adopted by the Board
pursuant to this chapter; 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 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.
(3)
The operator becomes ineligible to obtain a license or
permit.
(4)
Any cost or fee required to be paid by this chapter is
not paid.
(5)
Any intoxicating liquor or cereal malt beverage is served
or consumed on the premises of the adult-oriented establishment.
(7)
The premises licensed as an adult-oriented establishment
also operates as a tanning facility, tattoo establishment or therapeutic massage
enterprise.
(8)
The applicant has ever been convicted of a felony, crime
or violation of any ordinance other than a misdemeanor traffic ordinance,
the circumstances of which substantially relate to the operation of an adult-oriented
establishment.
(9)
The applicant has allowed intoxicating liquor or cereal
malt beverage to be sold, purchased, served or consumed on the premises of
the adult-oriented establishment.
(10)
The applicant has had an adult-oriented establishment
license revoked within a one-year period immediately preceding the date the
application was submitted.
B.
The Village Board, before revoking or suspending any
license or permit, shall give the operator at least 10 days' written
notice of the charges against him and the opportunity for a public hearing
before the Board as hereinafter provided.
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
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
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 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.
A.
The operator shall maintain a register of all employees,
agents, and independent contractors whether or not the contract for employment
is in writing, 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, including a photo of the employee, 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.
B.
The operator shall make the register of employees, agents,
and independent contractors, whether or not the contract for employment is
in writing, available immediately for inspection by police upon demand of
a member of the Village Police Department at all reasonable times.
C.
Every act or omission by an employee, agents, and independent
contractors, whether or not the contract for employment is in writing, 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
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.
D.
No employee, agent, and independent contractors, whether
or not the contract for employment is in writing, of an adult-oriented establishment
shall allow any minor to loiter around or to frequent an establishment or
to allow any minor to view adult entertainment as defined herein.
E.
The operator shall maintain the premises in a clean and
sanitary manner at all times.
F.
The operator shall maintain at least ten-foot candles
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.
G.
The operator shall insure compliance of the establishment
and its patrons with the provisions of this chapter.
H.
All employees of the establishment are to be at least
18 years of age.
I.
The licensee under this chapter shall be responsible
for the conduct of the business being operated and shall not allow any illegal
activity to take place on the licensed premises, including but not limited
to prostitution, public indecency, indecent exposure, disorderly conduct or
the sale or use of illegal drugs.
J.
All performers, dancers and persons providing live entertainment
distinguished or characterized by an emphasis on matters depicting, describing
or relating to specified anatomical areas or specified device, costume or
covering or specified sexual activities as defined herein in the licensed
facility where such entertainment can be seen by patrons of the licensed facility
shall remain at all times a minimum distance of 10 feet from all patrons,
customers or spectators and shall dance or provide entertainment on a platform
intended for that purpose, which shall be raised at least two feet from the
level of the floor on which patrons or spectators are located.
K.
No patrons or spectators of the licensed facility shall
directly pay or give any gratuity to any dancer or performer, and no dancer
or performer shall solicit any pay or gratuity from any patron or spectator.
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 Chapter 115, Wis. Stats.,
located within the Village are exempt from obtaining a license hereunder when
instructing pupils in sex education as part of its curriculum.
The Village Police, Fire and Building Inspection Departments shall have
the authority to enter any adult-oriented establishment at all reasonable
times to inspect the premises and enforce this chapter.
