[HISTORY: Adopted by the Village Board of
the Village of Saukville 6-17-2003 by Ord. No. 596. Amendments noted where
applicable.]
GENERAL REFERENCES
Alcohol beverages — See Ch. 55.
A.
Purpose. It is the purpose of this chapter to regulate
sexually oriented businesses in order to promote the health, safety,
morals and general welfare of citizens of the Village of Saukville
and to establish reasonable and uniform regulations to prevent the
deleterious location and concentration of sexually oriented businesses
within the Village of Saukville. 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 neither 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 material.
B.
Findings. Based on evidence concerning the adverse
secondary effects of adult uses on the community presented in hearings
and in reports made available to the Village, and on findings incorporated
in the cases of Young v. American Mini Theatres, 426 U.S. 50 (1976),
City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), FW/PBS
Inc. v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen Theatre,
Inc. 501 U.S. 560 (1991), City of Erie v. Pap's A.M., 529 U.S. 277
(2000), East of River Enterprises v. City of Hudson, Case No. 99-1801
(Unpublished)(Wis. Ct. App., April 11, 2000), East of River Enterprises
v. City of Hudson, Case No. 99-2667 (Unpublished)(Wis. Ct. App., Aug.
1, 2000) and Ben's Bar, Inc. v. City of Somerset, 316 F.3d 702 (7th
Cir. 2003), and on studies in other communities including, but not
limited to: Phoenix, Arizona; Houston, Texas; Minneapolis, Minnesota;
St. Paul, Minnesota; Indianapolis, Indiana; Amarillo, Texas; Garden
Grove, California; Los Angeles, California; Whittier, California;
Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland,
Ohio; Beaumont, Texas; Dallas, Texas; Newport News, Virginia; Bellevue,
Washington; New York, New York; and St. Croix County, Wisconsin, and
the Report of the Attorney General's Working Group on Sexually Oriented
Businesses (June 6, 1989, State of Minnesota), and statistics obtained
from the U.S. Dept. of Health and Human Services, Centers for Disease
Control and Prevention, the Village Board finds that:
(1)
Sexually oriented businesses lend themselves to ancillary
and unlawful and unhealthy activities that are presently uncontrolled
by the operators of the establishments. Further, 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 businesses,
defined in this chapter as adult theaters and adult cabarets, engage
in higher incidences 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 businesses, 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 businesses for the purposes of engaging
in sex within the premises of such sexually oriented businesses.
(6)
At least 50 communicable diseases may be spread by
activities occurring in sexually oriented businesses, 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 (acquired immunodeficiency
syndrome) caused by the HIV virus in the United States: 600 in 1982;
2,200 in 1983, 4,600 in 1984; 8,555 in 1985, and 253,448 through December
31, 1992.
(8)
The State of Wisconsin Division of Health indicated
that on July 25, 1986, there were 96 cases of AIDS reported in the
state, including 54 cases that resulted in death and that a ten-fold
increase in reported cases was expected between 1986 and 1991.
(9)
The number of cases of early (less than 1 year) syphilis
in the United States reported annually has risen, with 33,613 cases
reported in 1982, and 45,200 through November 1990.
(10)
The number of cases of gonorrhea in the United States
reported annually remains at a high level, with over one-half million
cases being reported in 1990.
(11)
In his report of October 22, 1986, the Surgeon General
of the United States 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.
(12)
According to the best scientific evidence, AIDS and
HIV infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts.
(13)
Sanitary conditions in some sexually oriented businesses
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.
(14)
Numerous studies and reports have determined that
semen is found in the areas of sexually oriented businesses where
persons view adult-oriented films.
(15)
Crime statistics show that all types of crimes, especially
sex-related crimes, occur with more frequency in neighborhoods where
sexually oriented businesses are located.
(16)
Studies of the relationship between sexually oriented
businesses and neighborhood property values have found a negative
impact on both residential and commercial property values.
(17)
There is an increase in the potential for infiltration
by organized crime for the purpose of unlawful conduct.
(18)
The consumption of alcoholic beverages on the premises
of sexually oriented businesses exacerbates the deleterious secondary
effects of such businesses on the community. In fact, the Supreme
Court has gone so far as to assert that "[c]ommon sense indicates
that any form of nudity coupled with alcohol begets undesirable behavior."
Ben's Bar, 316 F.3d 702, citing New York State Liquor Auth. v. Bellanca,
452 U.S. 714, 718 (1981).
(19)
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect the substantial
government concerns addressed in the above subsections.
(20)
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 businesses. Further,
such a licensing procedure will place an incentive on the operators
to see that the sexually oriented business is run in a manner consistent
with the health, safety and welfare of its patrons and employees,
as well as the citizens of the Village. It is appropriate to require
reasonable assurances that the licensee is the actual operator of
the sexually oriented business, fully in possession and control of
the premises and activities occurring therein.
(21)
The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance
of the sexually oriented business, 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.
(22)
In the prevention of the spread of communicable diseases,
it is desirable to obtain a limited amount of information regarding
certain employees who may engage in the conduct which this chapter
is designed to prevent or who are likely to witness such conduct.
(23)
The general welfare, health, morals and safety of
the citizens of the Village of Saukville will be promoted by the enactment
of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any place in or to which the public is permitted or invited,
wherein coin-operated or slug-operated or electronically, electrically
or mechanically controlled or still or motion-picture machines, projectors
or other image-producing devices are regularly 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 their
emphasis upon matters exhibiting specified sexual activities or specified
anatomical areas.
A commercial establishment that has as a significant
or substantial portion of its stock-in-trade, or derives a significant
or substantial portion of its revenues or devotes a significant or
substantial portion of its interior business or advertising, or maintains
a substantial section of its sales or display space for the sale or
rental, for any form of consideration, of any one or more of the following:
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, videocassettes, compact
discs, slides or other visual representations which are characterized
by their emphasis upon the exhibition or display of specified sexual
activities or specified anatomical areas; or
Instruments, devices or paraphernalia which
are designed for use or marketed primarily for stimulation of human
genital organs or for sadomasochistic use or abuse of the user or
others.
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 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.
This definition shall expressly exclude films,
motion pictures, videocassettes, slides or other similar photographic
reproductions given an R rating by the Motion Picture Association
of America.
A nightclub, dance hall, bar, tavern, restaurant
or similar commercial establishment which regularly features:
Persons who appear nude or seminude; or
Live performances that are characterized by
the exposure of specified sexual activities or specified anatomical
areas; or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
exhibition or display of specified sexual activities or specified
anatomical areas.
This definition shall expressly exclude films,
motion pictures, videocassettes, slides or other similar photographic
reproductions given an R rating by the Motion Picture Association
of America.
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
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 or photographic reproductions; or
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.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas. This definition shall expressly exclude films, motion pictures,
videocassettes, slides or other similar photographic reproductions
given an R rating by the Motion Picture Association of America.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear nude or
seminude or live performances which are characterized by the exposure
of specified sexual activities or specified anatomical areas.
The Village Board of the Village of Saukville, Ozaukee County,
Wisconsin.
To require physical contact. For instance, when this chapter
prohibits an employee to receive a gratuity directly from a patron,
it prohibits the direct touching of skin, other body parts or clothing.
The dominant or principal theme of the object referenced.
For instance, when the phrase refers to films which are distinguished
or characterized by an emphasis upon the exhibition or display of
specified sexual activities or specified anatomical areas, the films
so described are those whose dominant or principal character and theme
are the exhibition or display of specified sexual activities or specified
anatomical areas.
Describe and pertain to any person who performs any service
on the premises of a sexually oriented business on a full-time, part-time
or contract basis, regardless of whether the person is denominated
as an employee, independent contractor, agent or by another status.
Employee does not include a person exclusively on the premises for
repair or maintenance of the premises or for the delivery of goods
to the premises.
A person who, for consideration, and for another person,
agrees or offers to privately model lingerie or to privately perform
a striptease.
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.
Includes any of the following:
The opening or commencement of any sexually
oriented business as a new business;
The conversion of any existing business, whether
or not a sexually oriented business, to any sexually oriented business;
The addition of any sexually oriented business
to any other existing sexually oriented business; or
The relocation of any sexually oriented business.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license.
The showing of the human male or female genitals, pubic area,
vulva or anus, with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of any
part of the nipple or areola, or the showing of the covered male genitals
in a discernibly turgid state.
[Amended 3-21-2006 by Ord. No. 646]
To cause to function or to put or keep in a state of doing
business. "Operator" means any person on the premises of a sexually
oriented business who is authorized to exercise operational control
of or over the business or who causes to function or who puts or keeps
in operation the business. A person may be found to be operating or
causing to be operated a sexually oriented business regardless of
whether that person is an owner, part owner or licensee of the business.
An individual, proprietorship, partnership, corporation,
limited liability company, limited liability partnership, 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, the
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.
A consistent or substantial course of conduct, such that
the films or performances exhibited constitute a substantial portion
of the films or performances offered as part of the ongoing business
of the sexually oriented business.
The showing of the human male or female genitals, pubic area,
vulva or anus, with not more than a complete opaque covering, or the
showing of the female breast with not more than a complete opaque
covering of any part of the nipple or areola.
[Amended 3-21-2006 by Ord. No. 646]
A business or commercial establishment that, as one of its
principal business purposes, offers for any form of consideration
a place where two or more persons may congregate, associate or consort
for the purpose of specified sexual activities. The definitions of
"sexual encounter center" or any "sexually oriented business" shall
not include an establishment where a medical practitioner, psychologist,
psychiatrist or similar professional person licensed by the state
engages in medically approved and recognized sexual therapy.
An adult arcade, adult bookstore, adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency or sexual encounter center.
[Amended 3-21-2006 by Ord. No. 646]
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on the date this chapter takes
effect.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means; or
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
"Sexually oriented businesses" are classified
as follows:
A.
Except as provided in Subsection D below, from and after the effective date of this chapter, no sexually oriented business shall be operated or maintained in the Village of Saukville without first obtaining a license to operate issued by the Village of Saukville.
B.
A license may be issued only for one sexually oriented
business located at one fixed and certain place. Any person, partnership
or corporation which desires to operate more than one sexually oriented
business must have a license for each such business.
C.
No licensee may transfer ownership or control of the
sexually oriented business to any other person, partnership or corporation.
D.
All sexually oriented businesses existing at the time
of the passage of this chapter must submit an application for a license
within 60 days of the effective date of this chapter.
A.
Any person, partnership or corporation desiring to
secure a license shall submit an application to the Village Clerk.
The application shall be filed in triplicate and dated by the Village
Clerk. A copy of the application shall be distributed promptly by
the Village Clerk to the Village of Saukville Police Department and
to the applicant.
B.
If the Village of Saukville Police Department is aware
of any information bearing on the applicant's qualifications, that
information shall be filed in writing with the Village Clerk.
C.
An application for a license must be made on a form
provided by the Village of Saukville. All applicants must be qualified
according to the provisions of this chapter.
D.
An application shall be considered complete if it
includes all of the information required in this section.
E.
An applicant for a license shall furnish the following
information under oath:
(1)
Name and address.
(2)
Written proof that the individual is at least 18 years
of age. Written proof of age may be in the form of either:
(3)
The name, business location, business mailing address
and telephone number of the proposed sexually oriented business.
(4)
A statement as to whether the licensee of the sexually
oriented business intends to serve, sell, use, provide or consume
any intoxicating liquor, cereal malt beverage or any type of alcoholic
beverage on the premises of the sexually oriented business.
(5)
If the applicant is a corporation, the application
shall specify the name of the corporation, the date and state of incorporation,
the names, addresses and ages of all shareholders of the corporation
owning more than 5% of the stock in said corporation and of all officers
and directors of the corporation, and the names and addresses of the
registered agents.
(6)
If the applicant is a partnership, joint venture or
any other type of organization or entity where two or more persons
have a financial interest, the application shall state the names,
addresses and ages of all persons having a financial interest in the
partnership, joint venture or other type of organization or entity.
F.
A sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the
business, shall accompany the application for a sexually oriented
business. The sketch or diagram need not be professionally prepared,
but shall 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.
G.
If the person who wishes to operate a sexually oriented business is an individual, he or she shall sign the application for a license as applicant. If the person who wishes to operate a sexually oriented business is other than an individual (such as a corporation, partnership or other entity), each officer, director, general partner, member or other person identified in § 161-5E(5) and (6) shall sign the application for a license as the applicant. Each applicant must be qualified under this section, and each applicant shall be considered as a licensee if the license is granted.
H.
Within 21 days of receiving an application for a license,
the Village Clerk shall notify the applicant whether the application
is granted or denied.
I.
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 within 10 days thereafter,
as hereinafter provided.
J.
Failure or refusal of the applicant to give any information
relevant to the application or his or her refusal to submit to or
cooperate with regard to any information 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 Village
Board.
A.
The Village Board shall approve the issuance of a
license unless one or more of the following is found to be true:
(1)
An applicant (including all individuals, officers,
directors, shareholders or persons with a financial interest in the
organization) is less than 18 years of age.
(2)
An applicant is delinquent in a payment owed to the
Village of Saukville for taxes, fees, fines or penalties assessed
against or imposed upon the applicant in relation to a sexually oriented
business.
(3)
An applicant has failed to provide information as required in § 161-5 for issuance of the license.
(4)
The license application fee required by this chapter
has not been paid.
(5)
An applicant has given false or misleading answers,
information or data on any license application or material facts were
omitted from the application.
(6)
The proposed sexually oriented business is not in
compliance with the location restrictions established or physical
layout restrictions established for sexually oriented businesses in
this chapter.
(7)
The applicant states or the Village Board subsequently
discovers that the applicant intends to serve, sell, use, provide
or consume any intoxicating liquor, cereal malt beverages or any other
type of alcoholic beverages on the premises of the sexually oriented
business.
B.
The license, if granted, shall state on its face the
name of the person or persons to whom it is granted, the number of
the license issued to the licensee(s), the expiration date and the
address of the sexually oriented business.
[Amended 6-24-2014 by Ord. No. 748]
A license fee, as set by resolution of the Village Board, shall
be submitted with the application for a license. If the application
is denied, 1/2 of the fee shall be returned to the person who posted
such fee, and the remainder shall be applied toward processing and
administrative costs.
The license shall be displayed in a conspicuous
public place, at or near the entrance of the sexually oriented business,
so that it may be easily read at any time.
A.
Every license issued pursuant to this chapter will terminate at the expiration of one year from the date of issuance unless sooner suspended or revoked. A license must be renewed before operation is allowed to continue. A license may be renewed only by making an application as provided for in § 161-5. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be upon a form provided by the Village of Saukville 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, as set by resolution of the Village Board,
shall be submitted with the application for renewal. In addition to
the renewal fee, a late penalty in an amount set by resolution of
the Village Board shall be charged to any applicant who files for
a renewal less than 60 days before the license expires. If the application
is denied, 1/2 of the fee shall be returned to the person who posted
such fee, and the remainder shall be applied toward processing and
administrative costs.
[Amended 6-24-2014 by Ord. No. 748]
C.
If the Village of Saukville Police Department is aware
of any information bearing on an applicant's qualifications, that
information shall be filed in writing with the Village Clerk.
A.
For the purposes of ensuring compliance with this
chapter, an applicant, operator or licensee shall permit law enforcement
officers and any other federal, state, county or Village agency in
the performance of any function connected with the enforcement of
this chapter normally and regularly conducted by such agencies to
inspect, at any time the business is occupied or open for business,
those portions of the premises of a sexually oriented business which
patrons or customers are permitted to occupy.
B.
The provisions of this section do not apply to areas
of an adult motel which are currently being rented by a customer or
use as a permanent or temporary habitation.
A.
The Village Board shall issue a written intent to
suspend a license for a sexually oriented business for a period not
to exceed 30 days if it makes an initial determination that a licensee,
operator or employee of a licensee has:
B.
The Village Board, before suspending any license, shall give the licensee 10 days' written notice of the charges against him or her, the Board's initial determination and intent to suspend a license, the opportunity to request a review of that initial determination and the right to an administrative appeal and hearing, as provided in § 161-13 hereof.
A.
The Village Board shall issue a written intent to revoke a license for a sexually oriented business if it makes an initial determination that a cause for suspension in § 161-11 has occurred and the license has been suspended within the preceding 12 months.
B.
The Village Board shall revoke by written notice a
license if it determines that any of the following reasons exist:
(1)
Discovery that false or misleading answers, information
or data were given on any license application or material facts were
omitted from the application.
(2)
The licensee, operator or any employee of the licensee
violates any provisions of this chapter or any rules or regulations
adopted by the Board pursuant to this chapter; provided, however,
that in the case of a first offense by a licensee 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 licensee 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 licensee becomes ineligible to obtain a license
or permit.
(4)
Any fee or charge required to be paid by this chapter
is not paid.
(5)
Any intoxicating liquor, cereal malt beverage or other
alcoholic beverage is served or consumed on the premises of the sexually
oriented business.
(6)
A licensee has knowingly allowed possession, use or
sale of controlled substances on the premises.
(7)
A licensee has knowingly allowed prostitution on the
premises.
(8)
A licensee has knowingly operated the sexually oriented
business during a period of time when the licensee's license was suspended
or revoked.
(9)
A licensee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation or other sexual
act to occur in or on the licensed premises. This subsection will
not apply to an adult motel, unless the licensee knowingly allowed
sexual activities to occur either:
C.
The Village Board, before revoking any license, shall give the licensee 10 days' written notice of: the charges against him or her, the Board's initial determination and intent to revoke a license, the opportunity to request a review of that initial determination and the right to an administrative appeal and hearing, as provided in § 161-13 hereof.
D.
The transfer of ownership or control of a license
shall automatically and immediately revoke the license.
E.
Any licensee whose license is revoked shall not be
eligible to receive a license for one year from the date of revocation.
Chapter 68 of the Wisconsin Statutes (2001-02
and as amended) concerning municipal administrative procedure shall
govern the administrative procedure and review concerning the granting,
denial, renewal, nonrenewal, suspension or revocation of a license.
A written request for review of an initial determination shall be
made by an aggrieved person to the Village Clerk pursuant to the provisions
of §§ 68.08 and 68.09, Wis. Stats. The Board shall
review an initial determination within 15 days of receipt of a request
for review. An administrative appeal may be made by an aggrieved person
to the Village Clerk pursuant to the provisions of § 68.10,
Wis. Stats. Within 15 days of receipt of a notice of appeal, the Zoning
Board of Appeals shall hold a hearing pursuant to the provisions of
§ 68.11, Wis. Stats. Any party to a proceeding resulting
in a final determination under § 68.12, Wis. Stats. may
seek judicial review of such final determination pursuant to the provisions
of § 68.13, Wis. Stats.
A licensee shall not transfer his or her license
to another nor shall a licensee operate a sexually oriented business
under the authority of a license at any place other than the address
designated in the application.
Any sexually oriented business having available
for customers, patrons or members any booth, room or cubicle for the
private viewing of any specified anatomical areas or specified sexual
activity 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 sexually oriented business and, except as provided in Subsection B(2) hereof, 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 or cubicles and any nonpublic areas by a wall.
(2)
Each booth shall have at least one side totally open
to the public lighted aisle which may be secured when the booth is
in use by a door which extends from a height of not less than two
feet above the floor.
(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 five 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 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.
No sexually oriented business shall be located:
(1)
Within 500 feet of an existing sexually oriented business;
(2)
Within 500 feet of any residential dwelling, including,
but not limited to, houses, apartments, condominiums or flats;
(3)
Within 500 feet of any preexisting place of worship,
including, but not limited to, any church, synagogue, mosque, temple
or building which is primarily used for religious worship and related
religious activities;
(4)
Within 500 feet of any public or private educational
facility, including, but not limited to, any child day-care establishment,
nursery school, preschool, kindergarten, elementary school, junior
high school, middle school, high school, vocational school, secondary
school, continuation school, special education school, junior college
and/or university. School includes the school grounds, but does not
include facilities used primarily for another purpose and only incidentally
as a school;
(5)
Within 500 feet from any public park or recreational
area which has been designated for park or recreational activities,
including, but not limited to, a park, playground, trail, swimming
pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle
path or way, wilderness or nature area or preserve or other similar
public land within the Village which is under the control, operation
or management of the Village and recreational authorities; or
(6)
Within 500 feet of any premises that in any manner
sells or dispenses alcohol or is licensed pursuant to the alcoholic
beverage control regulations of the Village or state.
B.
For purposes of this section, distances are to be measured in a straight line, without regard to 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 in Subsection A hereof. The presence of a county, city, village, town or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
A.
Every act or omission by an employee constituting
a violation of the provisions of this section shall be deemed the
act or omission of the licensee if such act or omission occurs either
with the authorization, knowledge or approval of the licensee or as
a result of the licensee's negligent failure to supervise the employee's
conduct, and the licensee shall be punishable for such act or omission
in the same manner as if the licensee committed the act or caused
the omission.
B.
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 licensee for the purposes of determining whether
the licensee's license shall be suspended, revoked or renewed.
C.
No employee of a sexually oriented business shall
allow any minor to loiter in, around or to frequent a sexually oriented
business. It shall be the duty of the licensee 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 its regular
business hours and to prevent any person under the age of 18 years
of age from entering the sexually oriented business. It shall be presumed
that an attendant knew that a person was under the age of 18 unless
such attendant asked for and was furnished:
D.
The licensee shall maintain the premises in a clean
and sanitary manner at all times.
E.
The licensee shall maintain at least five 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
is necessary to enable a patron to view any activity in a booth, room
or cubicle adjoining an aisle, a lesser amount of illumination may
be maintained in such aisle; provided, however, that at no time shall
there be less than one footcandle of illumination of said aisles,
as measured from the floor.
F.
The licensee shall ensure compliance of the sexually
oriented business and its patrons with the provisions of this chapter.
G.
The licensee shall ensure that no alcoholic beverages
are served, sold, used, provided or consumed on the premises of a
sexually oriented business.
A.
It shall be prohibited in a sexually oriented business
for a person to appear in a state of nudity or engage in specified
sexual activities.
B.
It shall be prohibited in a sexually oriented business
for a person to appear in a seminude condition, unless the person
is an employee, who, while seminude, is at least five feet from any
patron or customer and on a stage at least two feet in height from
the floor.
C.
It shall be prohibited for an employee, while seminude
in a sexually oriented business, to receive directly any pay or gratuity
from any patron or customer, or for any patron or customer to pay
or give any gratuity directly to any employee, while that employee
is seminude in a sexually oriented business.
D.
It shall be prohibited in a sexually oriented business
to serve, sell, use, provide or consume any intoxicating liquor, cereal
malt beverage or any other alcoholic beverage.
It shall be prohibited for a person under the
age of 18 years to be on the premises of a sexually oriented business.
No sexually oriented business shall be open
between the hours of 2:00 a.m. and 8:00 a.m., Monday through Saturday,
or between the hours of 2:00 a.m. and 12:00 noon on Sundays.
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 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 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 or
semi-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 the establishments referenced in this section.
The Village of Saukville Police Department and
Building Inspector shall have the authority to enter a sexually oriented
business at any time the business is occupied or open for business
and at all reasonable times to inspect the premises and enforce this
chapter.
A person who operates or causes to be operated
a sexually oriented business without a valid license or in violation
of this chapter is subject to a suit for injunction as well as municipal
prosecution. Such violation shall be punishable by a forfeiture of
$500, plus court costs and assessments. Each day a sexually oriented
business so operates shall be deemed a separate offense or violation.
Each section and provision of this chapter is
hereby declared to be an independent division and subdivision and,
notwithstanding any other evidence of legislative intent, it is hereby
declared to be the controlling legislative intent that if any provision
of said Ordinance, or the application thereof to any person or circumstance,
is found to be invalid by a court of competent jurisdiction, the remaining
sections or provisions and the application of such sections and provisions
to any person or circumstances other than those to which it is held
invalid shall not be affected thereby, and it is hereby declared that
such sections and provisions would have been enacted independently
of such section or provision found to be invalid.
All ordinances or parts of ordinances in conflict
with the provisions of this chapter are hereby repealed.