[Added 2-20-2008 by Ord. No. 340]
The Common Council finds that the unregulated
location and operation of adult-oriented entertainment businesses,
as defined below, in the City of Bayfield may have significant adverse
impacts upon the areas surrounding them, including contributing to
the deterioration of nearby residential neighborhoods and impairing
the values of nearby residential housing; adversely influencing children
frequenting nearby facilities such as schools, churches, recreational
facilities and parks, and the City's main shopping area; increasing
the risk of illegal activities in the vicinity of such businesses,
thereby increasing demands upon the City's law enforcement personnel;
and adversely affecting the City's tourism economy in that the location
of such businesses in the City's main business area would be detrimental
to its distinctive charm, upon which its tourism economy is based.
The purpose of this article is to protect the health, safety, and
welfare of the City and its citizens by minimizing such adverse impacts
upon nearby lands and land uses.
As used in this article, the following terms
shall have the meanings indicated:
An adult bookstore, adult theater, adult massage parlor,
adult sauna, adult entertainment center, adult cabaret, adult health/sport
club, adult steam room/bathhouse facility, or any other business whose
primary business activity is characterized by emphasis on matters
depicting, describing, or relating to nudity, sexual conduct, sexual
excitement or sadomasochistic abuse as defined herein.
The showing of the human male or female genitals or pubic
area with less than a fully opaque covering or the depiction of covered
male genitals in a discernibly turgid state and/or the appearance
of bare buttocks, anus, or female breast.
Acts of masturbation, sexual intercourse, or physical contact
with a person's unclothed genitals, pubic area, buttocks, or, if such
person be a female, her breast.
The condition of the human male or female genitals when in
a state of sexual stimulation or arousal.
Adult-oriented entertainment businesses may
be operated or maintained only within the Commercial Zoning District.
No adult-oriented entertainment businesses shall
be operated or maintained:
A.
Within 500 feet of the boundary of any Residential
Zoning District (R-1 or R-2);
B.
Within 500 feet of a church, public recreational facility
or park, licensed day-care facility, public library, public or private
school or educational facility serving persons under 18 years of age;
C.
Within 500 feet from the center of Rittenhouse Avenue
(the City's main commercial street).
All adult-oriented entertainment businesses
shall operate in accordance with the following:
A.
No employee shall solicit business outside the building
in which the business is located.
B.
No person, while on the premises, shall expose to
public view his or her genitals, pubic area, anus, or anal cleft.
C.
No person on the premises shall engage in sexual conduct,
sadomasochistic abuse or fondle his or her genitals.
