A.
No adult entertainment establishment shall be permitted to operate
without first having been issued an adult entertainment license by
the Council pursuant to this chapter.
C.
An adult entertainment license for a particular adult entertainment
establishment shall be limited to one classification of license.
D.
An adult entertainment establishment may hold more than one classification
of adult entertainment license.
The ultimate responsibility for the administration of this chapter
is vested in the Council. Several departments have been delegated
responsibility pursuant to the provisions outlined in this chapter.
A.
Upon formal notification by the Council that a license shall be issued,
granted, denied, renewed, suspended, revoked or canceled, the City
Clerk/Treasurer shall then issue the official notice of the grant,
denial, revocation, renewal, suspension and cancellation of the license
for existing or proposed adult entertainment establishments in the
City.
B.
The Police Department is responsible for verifying information contained on an application for an adult entertainment license and for inspecting any proposed, licensed or nonlicensed establishment in the City in order to ascertain whether it is in compliance with applicable statutes and ordinances and for enforcing applicable statutes and ordinances, including those set forth in Articles II, III and IV of this chapter.
C.
The Police Department is responsible for the periodic inspections of licensed premises and any proposed establishment in order to ascertain whether it complies with or is complying with Article III of this chapter and all applicable ordinances, statutes, ordinances and regulations in effect in the City.
D.
The Building Inspector is responsible for inspecting any proposed establishment for which a license is being applied for in order to ascertain whether it complies with or is complying with Article III of this chapter and all applicable building ordinances, statutes, and regulations in effect in the City. The Building Inspector shall compare and certify that all aspects of the submitted floor plan, site plan and certified survey accurately depict the actual structure and comply with the provisions of this chapter.
[Amended 11-17-2014 by Ord. No. 2014-05]
A.
Filing. Any person desiring to operate an adult entertainment establishment
shall file with the City Clerk/Treasurer a sworn license application
on a standard application form supplied by the City Clerk/Treasurer.
B.
Contents. The application shall contain the following information
and shall be accompanied by the following documents:
(1)
If the applicant is:
(a)
An individual, his legal name, any aliases, and date of birth;
(b)
A partnership, the full and complete name of the partnership
and the legal names of all partners, dates of birth, and all aliases
used by all of the partners, whether the partnership is general or
limited, and, if in existence, a copy of the partnership agreement;
or
(c)
A corporation, the exact and complete corporate name, the date
of its incorporation, evidence that the corporation is in good standing,
the legal names and dates of birth and all aliases used, the capacity
of all officers, directors and principal stockholders, and, if applicable,
the name of the registered corporate agent and the address of the
registered office for service of process;
(2)
The application shall list the current local and legal domiciliary
residential address of the principal stockholders of the corporation;
for purposes of this subsection, principal stockholders are persons
and not corporate or other legal entities; when the principal stockholder
is a corporate or other legal entity, the application must trace back
the ownership through any layers of corporate organization to the
eventual principal stockholder who is a person;
(3)
If the applicant intends to conduct the establishment under a name
other than that of the applicant, the applicant shall state the establishment's
fictitious name and all legal names, dates of birth and all aliases
used by all interested persons;
(4)
Whether preceding the day of the application the applicant or any of the other individuals listed pursuant to Subsection B(1) above has an arrest or conviction record, or has habitually been a law offender or has been convicted of a felony, unless the person has been duly pardoned;
(5)
Whether the applicant or any of the other individuals listed pursuant to Subsection B(1) above has had a previous license under this chapter suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this chapter has previously been suspended or revoked, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation;
(6)
Whether the applicant or any other individuals listed pursuant to Subsection B(1) above holds any other licenses under this chapter and, if so, the names and locations of such other licensed establishments;
(7)
The single classification of license for which the applicant is filing;
(8)
The location of the proposed establishment, including a legal description
of the property site, and a legal street address;
(9)
The names of all employees only at time of renewal or initial licensing,
dates of birth and aliases used for the proposed establishment, if
known, or if presently unknown a statement to that effect;
(10)
The applicant's mailing address;
(11)
A floor plan drawn to appropriate scale of the proposed establishment
indicating, but not limited to:
(a)
All windows, all doors, and all entrances and exits;
(b)
All fixed structural interior features, including, but not limited
to, doors, walls, stages, partitions, projection booths, admission
booths, adult booths, concession booths, stands, counters and similar
structures; and
(c)
All proposed improvements or enlargements to be made, which
shall be indicated and calculated in terms of percentage of increase
in floor size;
(12)
The petition number of the adopted zoning resolution approving
the use, or the circumstances in support of a claim the use has a
valid nonconforming status;
(13)
The name and phone number of the person for the Building Division
Inspector to contact to schedule the inspection;
[Amended 11-17-2014 by Ord. No. 2014-05]
(14)
The phone number of the existing or proposed establishment;
and
(15)
A notarized, signed and sworn statement that the information
within the application is truthful, independently verifiable and complete.
C.
D.
Application fee. Each application shall be accompanied by a nonrefundable fee of as provided in the City's Fee Schedule to defray the costs of processing and investigating of the application. If the application for a license is approved and a license is granted, half of the application fee shall be applied as a credit toward the annual license fee required for the first year pursuant to § 135-21E of this chapter.
[Amended 11-17-2014 by Ord. No. 2014-05]
A.
Upon receipt of an application properly filed with the City Clerk/Treasurer and upon payment of the nonrefundable application fee, the City Clerk/Treasurer shall send the attached photocopies of the application to the police department, fire department and the appropriate building and zoning/planning officials. Each department shall promptly conduct an investigation of the applicant, application and the proposed establishment in accordance with its responsibilities outlined in Article III of this chapter, and at the conclusion of the investigation shall date and sign the application.
B.
A department shall indicate on an application if it finds that the proposed establishment will be in violation of any provision of Article III of this chapter or of any building, fire, health or zoning statute, ordinance or regulation. If the application fails to satisfy this chapter or any other chapter, the department shall specifically state its reasons on a separate letter attached to the photocopy of the application and offer suggestions for correction.
A.
The departments shall conduct and complete an investigation of the
application within 50 days from receipt of the application. All communications
regarding approval or denial shall be issued by and through the City
Clerk/Treasurer. Any statements issued directly or independently by
the review departments shall not be deemed to create a reliance or
estoppel situation as to the provisions of this chapter.
B.
The Council shall issue or deny an application for an adult entertainment
license within 75 days from the date of the receipt of a complete
application. The date of the proper filing of the application shall
be the date the applicant furnishes the fully completed and sworn
application and the required number of copies. The Council may, in
appropriate cases, conditionally approve an application, subject to
the applicant taking whatever remedial measures are necessary to comply
with this chapter within a time period specified, and may direct the
issuance of the license at such time as the applicant complies with
the conditions imposed.
C.
If the Council approves the application and directs the issuance of the license, the City Clerk/Treasurer shall notify the applicant and issue the license to the applicant upon payment of the appropriate annual license fee provided in § 135-21E, with credit as provided herein.
D.
The Council may deny the application if:
(1)
The application violates or fails to meet the provisions of this
chapter;
(2)
The application contains material false information;
(3)
The applicant or any of the other individuals listed pursuant to § 135-17 has a license under this chapter which has been suspended or revoked;
(4)
The granting of the application would violate a statute or ordinance,
or an order from a court of law that effectively prohibits the applicant
from obtaining an adult entertainment license; or
(5)
The applicant or any of the other individuals required to be listed
has an arrest or conviction record or has habitually been a law offender
or has been convicted of a felony unless the person has been duly
pardoned, subject to the provisions of §§ 111.321,
111.322 and 111.335, Wis. Stats.
A.
Operators of adult entertainment establishments existing and operating
on the effective date of this chapter shall make an application for
license hereunder, complete with all required information and the
required number of copies, within 60 days of the effective date.
D.
Except as stated above, every existing adult entertainment establishment must satisfy all requirements of this chapter prior to the issuance of the license, particularly the general requirements of Article III of this chapter.
E.
If an application for license is denied, the operation of an existing adult entertainment establishment shall cease within 10 business days of receipt of notice. Operation without a valid license is subject to the provisions of Article IV of this chapter.
F.
If an operator of an existing and operating adult entertainment establishment at the effective date of this chapter fails to receive an adult entertainment license pursuant to this chapter by May 1, 2004, operation of the establishment shall cease. Operation without a license after May 1, 2004, is subject to the provisions of Article IV of this chapter.
G.
Every existing adult entertainment establishment shall present proof
of its compliance or of its legal nonconforming zoning status to the
Zoning Administrator prior to issuance of the license.
[Amended 11-17-2014 by Ord. No. 2014-05]
H.
Any conviction for violation of this chapter, including, but not limited to, violations which occur between the effective date and when the existing establishments obtain an adult entertainment license, as outlined in Subsection A of this section, shall be considered and applied to the suspension provisions outlined in Article IV of this chapter.
I.
Except for the above provisions, all other provisions of this chapter
shall apply to such licensees.
A.
Contents. An adult entertainment license shall state on its face
the name of the licensee, the business, local residential and legal
domiciliary residential address of the licensee, the name of the establishment,
the street address of the establishment, the classification(s) of
the license, the date of application, the application number, the
date of license issuance, and the date of license expiration.
B.
Term. All licenses issued under this chapter shall be annual licenses
which shall commence running on July 1, on which date they shall have
been paid for, and shall expire on June 30 of the following year.
If a license is issued after July 1 but by the last day of December
of the current year, the applicant shall pay 1/2 of the license fee.
If a license is issued after December 31 but by June 30 of the following
year, the applicant shall pay the prorated license fee.
C.
Renewal. Licenses shall be entitled to renewal annually subject to
the provisions of this chapter. Prior to the June 30 expiration date,
the annual license may be renewed by presenting the license for the
previous year and by paying the appropriate license fee.
D.
Expiration. A license shall expire for failure to obtain in hand
a renewal pursuant to this chapter by July 1. An expired license may
be renewed by:
(1)
Presentment of an affidavit stating that the establishment has not
been operated as an adult entertainment establishment subsequent to
expiration;
(2)
The payment of the appropriate license fee; and
(3)
Payment of a penalty of 10% of the appropriate license fee for the
month of July and, if renewed after July 31, an additional penalty
of 5% of the appropriate license fee for the month of August, and
each successive month.
E.
Annual license fees. License fees shall be as established on the
City Fee Schedule.
[Amended 11-17-2014 by Ord. No. 2014-05]
(1)
The annual license fees collected under this chapter are declared
to be regulatory fees that are collected for the purpose of examination
and periodic inspection of adult entertainment establishments pursuant
to this chapter and the administration thereof.
(2)
The fees shall be based upon the information contained in the license application, subject to verification, by inspection, of the several departments delegated responsibility pursuant to § 135-16.
(3)
The City Fee Schedule may be revised pursuant to resolution or fee
adopted by the Council when necessary to ensure the fees cover the
costs of administering and enforcing this chapter.
F.
Distribution of fees.
(1)
The City Clerk/Treasurer shall be responsible for the collection
of the application and annual license fees pursuant to this chapter.
(2)
The distribution of the application fees to the various departments
to defray costs of the implementation of this chapter shall be made
pursuant to resolution adopted by the Council. The distribution may
be revised by resolution when necessary to ensure the distribution
of fees covers the costs of the respective departments for the application
procedures.
(3)
The distribution of the annual license fees shall be made pursuant
to resolution adopted by the Council. The distribution may be revised
by resolution when necessary to ensure the distribution of fees covers
the costs of the respective departments for the implementation, enforcement
and compliance review of the regulations of this chapter.
A.
A licensee shall not transfer his license to another person, or thereby
surrender possession, control and operation of the licensed establishment
to such other person.
B.
A licensee shall not transfer his license to another location.
C.
Any attempted transfer of a license either directly or indirectly
in violation of this section is hereby declared void and the license
shall be deemed abandoned and the license shall be forfeited.
No licensee may change the name of an adult entertainment establishment
unless and until he satisfies each of the following requirements:
