[HISTORY: Adopted by the Common Council of the City of Oconto Falls 4-15-1997
by Ord. No. 97-009 (Ch. 73). Amendments noted where applicable.]
A.
Purpose. It is the purpose of this chapter to regulate
and license all sexually oriented adult entertainment establishment businesses
(hereinafter referred to as "adult establishments"):
(1)
For the purpose of promoting the health, safety, morals,
and general welfare of the citizens of the City of Oconto Falls;
(2)
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
(3)
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.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes bookstores, motion-picture theaters, mini motion-picture
theaters, bathhouses, modeling studios, body painting studios, and cabarets
and is more specifically defined as:
ADULT BOOKSTOREAn 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 sexual activities or specified anatomical areas as defined herein.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 25 or more 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 sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
ADULT OUTDOOR MOTION-PICTURE THEATERA 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 sexual activity or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for fewer than 25 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
ADULT BATHHOUSEAn 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 in this chapter.
ADULT MOTELA 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 sexual activities or specified
anatomical areas; and has a sign visible from the public right-of-way which
advertises the availability of this adult type of photographic reproductions;
Offers sleeping rooms 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.
ADULT MODELING STUDIOAn establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise.
ADULT BODY PAINTING STUDIOAn 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.
ADULT CABARET:
An establishment or business which features male and/or female topless
and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar
entertainers.
Any adult cabaret, as defined above, which features such entertainment
on a periodic and infrequent basis is considered an adult entertainment establishment
only during those times when the adult entertainment is being presented or
the entertainers are on the premises, and all provisions of this chapter shall
apply during those presentations. Further, such periodic adult cabaret shall
notify the Oconto Falls Police Department at least 24 hours prior to the date
on which such adult entertainment is to take place.
Any periodic adult establishment, as defined above, shall be licensed
yearly in accordance with the licensing provisions hereinafter set forth.
ADULT NOVELTY SHOPAn 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, or designed for, specified sexual activities as defined herein or stimulating such activity.
A.
License required.
(1)
Except as provided in Subsection A(5) below, from and after the effective date of this chapter, no adult establishment shall be operated or maintained in the City of Oconto Falls without first obtaining a license to operate issued by the City Oconto Falls.
(3)
A license may be issued only for one adult establishment
located at a fixed and certain place. Any person, partnership, or corporation
who or which desires to operate more than one adult establishment must have
a license for each.
(4)
No license or interest in a license may be transferred
to any person, partnership, or corporation.
(5)
All adult 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
said ninety-day period, then such existing adult establishment shall cease
operations.
B.
Application for license.
(1)
Any person, partnership, or corporation desiring to secure
a license shall make application to the City Administrator - Clerk/Treasurer.
The application shall be filed in triplicate with and dated by the City Administrator
- Clerk/Treasurer. A copy of the application shall be distributed within 10
days of receipt to the Oconto Falls Police Department, Health Officer, and
Building Inspector.
(2)
The application for a license shall be upon a form approved
by the City Administrator - Clerk/Treasurer. An applicant for a license, which
shall include all partners or limited partners of a partnership applicant,
and all officers or directors of a corporate applicant, and any other person
who is interested directly in the ownership or operation of the business,
shall furnish the following information under oath:
(a)
Name and address, including all aliases.
(b)
Written proof that the individual is at least 18 years
of age.
(c)
All residential addresses of the applicant for the past
10 years.
(d)
The business, occupation, or employment of the applicant
for the 10 years immediately preceding the date of application.
(e)
Whether the applicant previously operated in this or
any other state, county, or city under an adult establishment license or similar
business license, whether the applicant has ever had such a 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.
(f)
All criminal convictions, whether federal or state, or
city ordinance violation convictions, forfeiture of bond and pleading of nolo
contendere on all charges, except minor traffic violations.
(g)
Fingerprints and two portrait photographs at least two
inches by two inches of the applicant.
(h)
The address of the adult establishment to be operated
by the applicant.
(i)
If the applicant is a corporation, the application shall
specify the name of the corporation, the date and state of incorporation,
the name and address of the registered agent, and all officers and directors
of the corporation.
(j)
Copy of the conditional use permit authorizing the operation
of such an establishment.
(k)
Applicant's driver's license and social security numbers.
(l)
Applicant's federal employer identification number.
C.
Standards for issuance of license.
(1)
To receive a license to operate an adult 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]
Subject to Ch. 111, Wis. Stats., the applicant shall
not have been convicted of or pleaded nolo contendere to a felony or any crime
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 applicant shall not have been found to have previously
violated this chapter within five years immediately preceding the date of
the application.
(b)
If the applicant is a corporation:
[1]
All officers, directors, and others required to be named under Subsection B(2) shall be at least 18 years of age.
[2]
Subject to Ch. 111, Wis. Stats., no officer, director, or other person required to be named under Subsection B(2) shall have been convicted of or pleaded nolo contendere to a felony or any crime 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.
(c)
If the applicant is a partnership, joint venture, or
any other type of organization where two or more persons have a financial
interest:
[1]
All persons having a financial interest in the partnership,
joint venture, or other type of organization shall be at least 18 years of
age.
[2]
No persons having a financial interest in the partnership,
joint venture, or other type of organization shall, subject to Ch. 111, Wis.
Stats., have been convicted of or pleaded nolo contendere to a felony or any
crime 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.
(2)
No person having a financial interest in the partnership,
joint venture, or other type of organization shall have been found to have
violated any provision of this chapter within five years immediately preceding
the date of the application.
(3)
No license shall be issued unless the Oconto Falls Police
Department has investigated the applicant's qualifications to be licensed.
The results of that investigation shall be filed in writing with the City
Administrator - Clerk/Treasurer no later than 20 days after the date of the
application.
(4)
The Building Inspector and Health Officer shall inspect
the premises proposed to be licensed to verify compliance with their respective
codes and shall report compliance findings to the City Administrator - Clerk/Treasurer
within 20 days of the date of application.[1]
(5)
No license shall be issued unless the applicant provides
proof of one of the following:
(a)
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 and issuance of the required conditional
use permit.
(b)
A lease on a building which is properly zoned to house
the venture. Proper zoning includes permissible nonconforming use status and
issuance of the required conditional use permit.
(c)
An option to purchase property which is properly zoned
for the venture. Proper zoning includes permissible nonconforming use status
and issuance of the required conditional use permit.
(d)
An option to lease property which is properly zoned for
the venture. Proper zoning includes permissible nonconforming use status and
issuance of the required conditional use permit.
D.
Fees.
(1)
Original application. All original applications shall
be accompanied by a license fee as set by the Common Council.
(2)
Renewals. All renewals of an existing adult entertainment
establishment license issued under the provisions of this chapter shall be
accompanied by a license fee as set by the Common Council.
(3)
Transfers. All licensing of adult entertainment establishments
required due to the sale, transfer, or relocation of such an establishment
shall be considered an original license application and shall be assessed
an original application fee.
(4)
Payment. The required license fee shall be paid at the
time of submittal of the license application to the City Administrator - Clerk/Treasurer.
(5)
License fees shall not be refunded to an applicant whose
license is denied.
E.
Display of license or permit. The license shall be displayed
in a conspicuous public place in the adult establishment.
F.
Renewal of license or permit.
(1)
Every license issued pursuant to this chapter will terminate
on June 30, unless sooner revoked, and must be renewed before operation is
allowed during the following license year. Any operator desiring to renew
a license shall make application to the City Administrator - Clerk/Treasurer
no later than 60 days prior to the date of expiration of the existing license.
The application for renewal shall be filed in triplicate with and dated by
the City Administrator - Clerk/Treasurer. A copy of the application for renewal
shall be distributed by the City Administrator - Clerk/Treasurer to the Oconto
Falls Police Department, Building Inspector and the Health Officer and the
applicant. The application for renewal shall be upon a form provided by the
City Administrator - Clerk/Treasurer and shall contain such information and
data, given under oath or affirmation, as required for an application for
a new license.[2]
(2)
A license renewal fee as set by the Common Council shall
be submitted with the application for renewal. In addition to the renewal
fee, a late fee as set by the Common Council shall be assessed against an
applicant who files for a renewal less than 60 days before the license expires.[3]
(3)
If the Oconto Falls Police Department is aware of any
information bearing on the operator's qualifications, that information
shall be filed in writing with the City Administrator - Clerk/Treasurer.
G.
Denial of application.
(1)
Whenever an initial application is denied, the City Administrator
- Clerk/Treasurer shall, within 14 days of the denial, 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 at the next regularly scheduled meeting of the Ordinance Committee
of the Common Council, as hereinafter provided.
(2)
Failure or refusal of the applicant to give any information
relevant to the investigation of the application or his or her refusal or
failure to appear at any reasonable time and place for examination under oath
regarding said application or his or her refusal to submit to or cooperate
with any investigation required by this 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 City Administrator - Clerk/Treasurer.
H.
Suspension, revocation, or nonrenewal of license.
(1)
The license granted herein may be revoked or suspended
for up to six months or not renewed by the Common Council as follows:
(a)
If the applicant has made or recorded any statement required
by this section knowing it to be false or fraudulent or intentionally deceptive.
(b)
For the violation of any provision of this section, except
for establishment license matters involving violations of City codes, in which
case the license shall be revoked after the second conviction thereof in any
license year.
(c)
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.
(2)
Notice and hearing. No license shall be revoked, suspended,
or not renewed by the Common Council except upon due notice and hearing to
determine whether grounds for such action exist. Such hearing shall be held
before the Ordinance Committee. 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. At the conclusion of such
hearing, the Ordinance Committee shall submit its recommendations to the Common
Council as to what, if any, action the Common Council should take with respect
to the license.
A.
All operators, employees, and independent contractors
working in any adult entertainment establishment shall, prior to the beginning
of employment or contracted duties, register with the Oconto Falls Police
Department. Such registration shall include the following:
B.
Upon registration, the Police Department will undertake
a background investigation of each employee and contractor to ensure compliance
with this chapter.
Any adult establishment having available 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.
Access. Each booth, room, or cubicle shall be totally
accessible to and from aisles and public areas of the adult 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, 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
not in use, shall be a minimum of 10 footcandles at all times, as measured
from the floor.
C.
Occupants. Only one individual shall occupy a booth, room, or
cubicle at any time. No occupant of the same shall engage in any type of sexual
activity, cause any bodily discharge or litter while in the booth. No individual
shall damage or deface any portion of the booth.
A.
The operator shall maintain a register of all employees, containing the information required in § 160-4A(1) and such other information as may be required by the Police Department. Such register shall be open to police inspection during the hours of operation of the adult establishment.
B.
No employee of an adult entertainment establishment shall
allow any minor to loiter around or to frequent an adult entertainment establishment
or allow any minor to view sexually oriented adult entertainment as defined
herein.
C.
The operator shall maintain the premises in a clean and
sanitary manner at all times.
D.
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 said aisles, as measured from the floor.
E.
The operator shall ensure compliance of the establishment
and its patrons with the provisions of this chapter.
F.
The operator shall ensure that there is conspicuously
posted inside each booth, stall, partitioned portion of a room, or individual
room an unmutilated and undefaced sign or poster supplied by a public health
agency which contains information regarding sexually transmitted diseases
and the telephone numbers from which additional information can be sought.
G.
The operator shall ensure that there are conspicuously
displayed at a place near every public entrance of the establishment information,
brochures and/or pamphlets supplied by a public health agency pertaining to
sexually transmitted diseases.
H.
The operator shall ensure that there are posted regulations
concerning booth occupancy on signs, with lettering at least one inch high,
that are place in conspicuous areas of the establishment and in each of the
viewing enclosures.
A.
Location.
(1)
No adult establishment shall be located in any area of
the City not properly zoned for the operation of such an establishment.
(2)
A properly issued conditional use permit shall be required
for the issuance of an adult entertainment establishment license. The Planning
Commission shall review compliance with such permit annually during the license
renewal review period and recommend reissuance of the same to the Common Council.
(3)
No adult entertainment establishment license shall be
issued for a premises with an entrance less than 1,000 feet from the entrance
of any established public school, parochial school, medical clinic, convalescent
home, hospital, or church or youth organization. Such distance shall be measured
by the shortest route between the two along a public street.
(4)
No adult entertainment establishment license shall be
issued for a premises with an entrance less than 1,000 feet from the boundary
of any property occupied by a single-family or multifamily residence or apartment
building, mobile home, mobile home park, subdivision or campground or travel
trailer park.
B.
Parking. All adult establishments shall provide a minimum
of 10 off-street parking spaces.
C.
Lighting. All entry ways, parking lots and delivery doors
shall be well lit during the hours of darkness.
D.
Live performances. During those times in which performers
are on the premises, the premises is open to the public, and the performance
is expected to, or does, attract 30 or more patrons, an operator shall ensure
that there are adequate and readily identifiable licensed security personnel
posted near any room where performers dress or change clothing.
E.
Consent of entry. Every applicant procuring an adult
entertainment establishment license thereby consents to the entry of police
or other duly authorized representatives of the City at all reasonable hours
for the purpose of inspection and search, and consents to the removal from
said premises of all articles there had in violation of City ordinances or
state laws, and consents to the introduction of such things and articles in
evidence in any prosecution that may be brought for such offenses.
F.
Health and sanitary requirements. An adult entertainment license shall not be issued for any premises which does not conform to the sanitary, safety, and health requirements of the State Department of Commerce and its successor agencies pertaining to buildings and plumbing and electrical wiring, to the rules and regulations of the State. Department of Health and Family Services applicable to lodging and restaurants, and to all such ordinances and regulations adopted by the City. Should a licensed premises fall below such standards, the license may be revoked or suspended pursuant to § 160-3H.
G.
Delinquent payment. The City Administrator - Clerk/Treasurer
shall not issue a license to any applicant occupying a premises for which
real or personal property taxes or special assessments are delinquent and
unpaid or to an applicant otherwise indebted to the City, the City's utilities,
or the county, state or federal government unless such applicant shall make
arrangements satisfactory to the Administrator - Clerk/Treasurer to pay such
debts not less than 30 days before the expiration of the license.
H.
Disorderly house.
(1)
Duty to maintain order. A licensee under this section
shall have a duty to maintain order and peace in and around the licensed premises.
This duty shall extend to and include an adjacent parking lot or facility
adjacent to and servicing the licensed premises.
(2)
Police power to close licensed premises.
(a)
Police Department. The Police Department may order any disorderly house closed until 12:00 noon the following day when, in the reasonable view of the Department, the licensee or person in charge failed to maintain peace and order pursuant to Subsection H(1) of this section or the Department otherwise believes that the public peace and safety are served by such closing by reason of threat to the bodily security, property, or peaceful repose of any member of the general public.
(b)
The Building Inspector, Fire Chief, or Municipal Health Officer may request the Police Chief to order the temporary suspension of an adult entertainment establishment license where an imminent health hazard exists on licensed premises pending a hearing pursuant to § 160-3H. Such closing may act as grounds for suspension or revocation of an adult entertainment establishment license privilege under this chapter.
(c)
The licensee shall maintain peace and order over any outdoor area adjacent to and used in conjunction with a licensed premises, whether or not said outdoor area is licensed. In the event that the Police Department receives two complaints concerning noise emanating from such outdoor area, or a complaint concerning disorderly activity in the outdoor area, or any agent or representative of the Police Department personally observes disorderly or unduly loud activity, the Police Department shall make all deliberate effort to contact the person in charge of the licensed premises and inform him/her of the complaint(s). If the activity complained of continues, the licensee is acting in violation of this section. Continued violations of this section may result in the Police Department exercising its authority under Subsection H(2)(a) of this section and ordering the entire licensed area closed in the public interest. In exercising its authority under this subsection, the Police Department shall consider:
[1]
Time of day.
[2]
Ability of the licensee or an agent to control the situation.
[3]
The number of complaints registered.
[4]
Any previous warnings.
[5]
Presence of unruly or disorderly activity and the ability
of the licensee and/or Police Department to control such activity.
[6]
Cooperation of the licensee.
[7]
The amount of noise emanating from the area.
[8]
The proximity of residences, places of business, or other
members of the public to the complained of activity.
[9]
The likelihood of bodily harm or property damage to the
licensee, any members of the general public, or public property.
[10]
Amount or likelihood of disturbance of public peace and
repose.
I.
Drug paraphernalia. No licensed adult entertainment establishment
shall stock, supply, sell, distribute, display, or permit to be used a regulated
or banned narcotic, narcotic delivery system or what may be regarded by law
enforcement personnel as drug paraphernalia within or on the premises, including
exterior parking areas.
J.
Revocation of license. Whenever any license has been
revoked:
K.
Voting stock. No license shall be granted to any corporation,
cooperative, partnership, or organization when more than 50% of the voting
stock interest, legal interest, or beneficial interest is held by any person
or persons not eligible for a license under municipal ordinance.
L.
Convictions.
(1)
No license shall be issued to any person, corporation,
or organization who or which has been convicted of a violation of any provision
of this section during one year prior to such application. A conviction of
an individual controlling more than 50% of the voting stock interest, legal
interest, or beneficial interest of a corporation, cooperative, partnership,
or other organization shall make the corporation, cooperative, partnership,
or other organization ineligible for such a license for one year.
(2)
No license shall be issued to any person who has been
convicted of any offense against this state, punishable by imprisonment in
the state prison, unless the person so committed has been duly pardoned.
M.
Violations by agents and employees. A violation of this
section by an authorized agent or employee of a licensee shall constitute
a violation by the licensee.
All public and private schools, as defined in Ch. 115, Wis. Stats.,
located within the City of Oconto Falls are exempt from obtaining a license
hereunder when instructing pupils in sex education as part of their curriculum.
A.
Additions to City. The regulations incorporated within § 160-3 shall include all territory that may be annexed from time to time to the City of Oconto Falls.
B.
Retroactive. The ban on sexually oriented businesses
in annexed territory shall become retroactive from the time the annexation
ordinance is in force.
