[HISTORY: Adopted by the Town Board of the Town of Cedarburg 7-10-2013 by Ord. No. 2013-2. Amendments noted where applicable.]
Article I Introduction
Article II License
These regulations are adopted by the Town Board under the authority granted by §§ 60.62, 61.35, 62.23(7) and 66.0103, Wis. Stats. This chapter may be referred to as the "Adult-Oriented Establishments" is hereby adopted as part of the Code of the Town of Cedarburg, Ozaukee County, Wisconsin, pursuant to § 66.0103, Wis. Stats.
Several studies have documented the significant adverse secondary effects on surrounding communities caused by adult-oriented establishments. The Town Plan Commission and Town Board have considered the following studies, reports and cases:
The studies and reports include: Rural Hot Spots: The Case of Adult Businesses, by Richard McCleary; Crime-Related Secondary Effects of Sexually-Oriented Businesses, by Richard McCleary; Report by Beaumont, Texas City Planning Department; Town of Fairhaven 1998 Report on Findings Concerning Impacts of Sexually Oriented Business; Report to Palm Beach County Attorney, by Valerie Jenness, Ph.D., Richard McCleary, Ph.D., James W. Meeker, JD, Ph.D., August 15, 2007; and Study of Calls for Service to Adult Entertainment Establishments which Serve Alcoholic Beverages, by Fulton County Georgia Police Department.
The cases include: City of Renton v. Playtime Theatres, Inc. 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), 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., 120 S. Ct. 1382 (2000), East of River Enterprises II v. City of Hudson, 2000 Wisc. App. 734; Ben's Bar, Inc. v. Village of Sommerset, 2003 WL 132541 (7th Cir. 2003).
The consumption of alcoholic beverages on the premises of sexually oriented businesses exacerbated 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, Inc. v. Town of Sommerset, 2003 WL 132541 (7th Cir. 2003).
The court's findings in Green Valley Investment LLC v. County of Winnebago, 790 F.Supp.2d 947 (2011) showing reasonable regulations of time and place restrictions do not violate the First Amendment.
The Town Board recognizes these adverse secondary effects and also recognizes the presence of alcohol in adult cabarets causes further undesirable behavior.
The Town Board believes that experiences and studies of other communities set forth above are relevant in addressing the secondary effects of adult-oriented establishments in the Town of Cedarburg.
The regulations in this ordinance are not aimed at the content of any speech. This ordinance has the purpose and effect of mitigating and/or controlling the adverse secondary effects of adult-oriented establishments while completely avoiding regulation of content.
The Town Board concludes:
Adult-oriented establishments regulated by this ordinance have adverse secondary effects.
The adverse secondary effects of adult-oriented establishments tend to diminish if such establishments are governed by content-neutral regulations.
The consumption of alcoholic beverages on the premises of an adult cabaret exacerbates the secondary effects of such establishments.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- ADULT ARCADE
- Any place 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. 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:
- (1) 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
- (2) 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.
- B. 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 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. A nightclub, dance hall, bar, restaurant, or similar commercial establishment which regularly features:
- (1) Persons who appear seminude;
- (2) Live performances that are characterized by the exposure of specified sexual activities or specified anatomical areas; or
- (3) 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.
- B. 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.
- ADULT ENTERTAINMENT
- Any exhibition of any motion picture, videocassette, 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 sexual activities, specified anatomical areas, the removal of articles of clothing or partial or total nude appearance.
- ADULT ENTERTAINMENT STORE
- An establishment including in its stock in trade for sale, rent, lease, inspection or viewing books, films, videocassettes, novelties, magazines or other periodicals which have as their dominant theme or are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
- ADULT MINITHEATER
- An enclosed building with a capacity of less than 25 persons used for presenting adult entertainment having as its dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
- ADULT MOTEL
- A hotel, motel or similar commercial establishment, which:
- A. 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 of photographic reproductions;
- B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or
- C. 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 MOTION PICTURE THEATER
- 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.
- ADULT-ORIENTED ESTABLISHMENTS
- Means, but is not limited to, adult arcades, adult bookstores or adult video stores, adult motel, adult motion picture theater, escort agency, adult entertainment stores, adult theaters, adult mini-theaters, adult cabarets and sexual encounter centers.
- The Town Board for the Town of Cedarburg, 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.
- DISTINGUISHED OR CHARACTERIZED BY
- 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.
- EMPLOYEE, EMPLOY and EMPLOYMENT
- Describe and pertain to any person who performs any service on the premises of an adult-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.
- ESCORT AGENCY
- 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.
- ESTABLISH or ESTABLISHMENT
- Includes any of the following:
- A. The opening or commencement of any adult-oriented business as a new business;
- B. The conversion of any existing business, whether or not an adult-oriented business, to any adult-oriented business;
- C. The addition of any adult-oriented business to any other existing adult-oriented business; or
- D. The relocation of any adult-oriented business.
- A person in whose name a license to operate an adult-oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
- Any person, partnership, corporation or other organization operating, conducting, maintaining or owning any adult-oriented establishment.
- An individual, proprietorship, partnership, corporation, association, or other legal entity.
- The real property upon which the adult-oriented business is located, and all appurtenance thereto and buildings thereon, including but not limited to the adult-oriented business 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.
- REGULARLY FEATURES or REGULARLY SHOWS
- 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 adult-oriented business.
- SEMINUDE or SEMINUDE CONDITION
- 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.
- SEXUAL ENCOUNTER CENTER
- 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 definition of sexual encounter center or any adult-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.
- SUBSTANTIAL ENLARGEMENT OF AN ADULT-ORIENTED BUSINESS
- 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.
- TRANSFER OF OWNERSHIP or CONTROL OF AN ADULT-ORIENTED BUSINESS
- Means and includes any of the following:
- A. The sale, lease, or sublease of the business;
- B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
- C. 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.
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 operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.
No employees of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or to allow any minor to view adult entertainment.
The operator shall maintain the adult-oriented establishment in a clean and sanitary manner as determined by a public health official.
The operator shall maintain at least 20 footcandles of light in the public portions of the adult-oriented establishment, including aisles, at all times.
No alcohol beverage may be served or permitted on the premises at any time.
No sexual activity of any kind shall be permitted on the premises.
The operator shall ensure compliance of the adult-oriented establishment and its patrons with the provisions of this chapter and all other applicable laws.
No person licensed as an adult-oriented establishment may, in any manner, advertise its establishment as licensed by the Town Board.
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:
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.
Every booth, room or cubicle shall meet the following construction requirements:
Each booth, room or cubicle shall be separated from adjacent booths, rooms or cubicles and any nonpublic areas by a wall.
Each booth shall have at least one side totally open to a lighted public aisle so that there is an unobstructed view at all times of anyone occupying the booth.
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, and smooth textured.
The floor must be light colored, nonabsorbent, and smooth textured.
The lighting level of each booth, room or cubicle, when not in use, shall be a minimum of 20 footcandles at all times, as measured from the floor.
Only one individual shall occupy a booth, room or cubicle at any time. No occupant shall engage in any type of sexual activity.
No person may engage in, conduct or carry on the operation or maintenance of an adult-oriented establishment without first obtaining a valid adult-oriented establishment license issued under this chapter.
A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person desiring to operate more than one adult-oriented establishment must have a license for each adult-oriented establishment.
Any person desiring to obtain an adult-oriented establishment license shall pay the required fee set by the Board from time to time, to defray the costs of administration and investigation of the application.
Any person desiring an adult-oriented establishment license shall file a written application with the Clerk on a form provided by the Clerk's office. The information provided to the Clerk shall be given under oath.
Corporation. If the applicant is a corporation, the name of the corporation shall be set forth exactly as set forth in its articles of incorporation, together with the date and state of incorporation, the names, residence addresses and date of birth of each of its officers, directors and each stockholder holding five percent or more of the stock or beneficial ownership of the corporation. The application shall also be verified by an officer of the corporation.
Partnership. If the applicant is a partnership, the application shall set forth the name of the partnership, the name, residence address and date of birth of each of the partners, including limited partners, and shall be verified by each partner. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate partner.
Limited-liability company. If the applicant is a limited-liability company (LLC), the name of the LLC shall be set forth exactly as set forth in its articles of organization, together with the date and state of organization, the names, residence addresses and date of birth of each of its manager(s), officers, directors and each member holding five percent or more of the ownership of the LLC. The application shall also be verified by a managing member of the LLC.
Others. If the applicant is neither a corporation, partnership, nor a LLC, the application shall set forth the true full name, residence address and date of birth of the applicant and be verified by the applicant. The application shall also include any other name by which the applicant has been known during the previous five years.
The application also shall set forth the proposed place of business of the adult-oriented establishment by business address, including suite number, not by post office box, and shall contain a description of the nature and scope of the proposed business operation. In addition, the following information shall be furnished concerning the applicant if an individual; concerning each officer and director and all stockholders who own five percent or more of the stock or beneficial ownership if the applicant is a corporation; concerning each partner, including limited partners, if the applicant is a partnership; and concerning each member if the applicant is a LLC:
The previous residence address, if any, for a period of seven years immediately prior to the date of application and the dates of such residence.
Written proof that the individual is at least 18 years of age.
A complete set of fingerprints submitted by the applicant through the county sheriff's department to the Clerk.
The business, occupation or employment history for seven years immediately preceding the date of application including, but not limited to, whether such person previously operated under any such permit or license in another municipality in this or another state and whether any permit or license had ever been suspended or revoked.
All convictions in any state or federal court within the past seven years, including municipal ordinance violations, exclusive of traffic violations, with a brief statement of the nature of the convictions and the jurisdiction in which the convictions occurred.
All pending criminal charges in any state or federal court, with a brief statement of the nature of the pending charges and the jurisdiction in which the charges are pending.
The names, addresses and dates of birth of persons who will have custody of the business records at the business location.
The name and address of the person who will be the agent for service of process.
The application shall include the proposed hours of operation and a detailed floor plan and site plan. Plans shall include details of all signage, temporary or permanent, inside or outside the structure. Plans shall specify the nature, location and operation of all security systems and devices and security personnel requirements.
The Clerk shall notify the Constable, the Zoning Administrator, Chief of the Fire Department and the building inspector of any adult-oriented establishment license application, and these officials shall inspect or cause to be inspected each such application and the premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto. These officials shall furnish to the Town Board, in writing, the information derived from such investigation and a statement as to whether the applicant and the premises meet the requirements of this article within 15 business days of receipt of the application of the Town.
Upon receipt of reports from all agencies listed in Subsection E of this section, or 30 days after the Clerk's notification, the application shall be placed on the next Town Board meeting agenda for consideration. The Town Board shall grant, grant with conditions, or deny a license to the applicant. The Clerk shall notify the applicant whether the application is granted or denied.
Whenever an application is denied, the 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 at the next regularly scheduled Town Board meeting for which adequate public notice may be provided.
Failure or refusal of the applicant to give any information relevant to the application, or refusal to submit to or cooperate with regard to any information required by this chapter shall constitute an admission by the applicant that he is ineligible for such license and shall be grounds for denial.
The Town Board shall issue an adult-oriented establishment license if it finds that:
The required fee has been paid.
The application conforms in all respects to this chapter.
The applicant has not knowingly made a material misstatement in the application.
The applicant has supplied all the information required under § 195-11 and the information requested by the various public agencies regarding the investigation of the application.
The applicant has not had an adult-oriented establishment license or permit or other similar license or permit revoked or suspended in this state or any other state within 10 years prior to the date of application.
The applicant, if an individual; any of the stockholders holding five percent or more of the stock or beneficial ownership of the corporation, and any officers, agents or directors, if the applicant is a corporation; any of the partners, including limited partners, if the applicant is a partnership; or any of the members holding five percent ownership of the LLC, and any managers, officers, agents or directors, if the applicant is a LLC, does not, at the time of application, have pending any criminal charge for, or within 10 years prior to the date of application has not been convicted of any offense involving dishonesty, fraud, deceit, robbery, the use or threatened use of force or violence upon the person of another, or sexual immorality under Wis. Stats. Ch. 944 or 948, as amended, or the laws of another state similar in nature to Wis. Stats. Ch. 944 or 948, or other offenses, subject to Wis. Stats. § 111.335, as amended.
The applicant, if a corporation, is licensed to do business and is in good standing in this state.
All individual applicants; all stockholders holding five percent or more of the stock or beneficial ownership, directors and officers, if the applicant is a corporation; all partners, including limited partners, if the applicant is a partnership; and all members holding five percent or more of the ownership, managers, agents, directors, and officers, if the applicant is a LLC, are at least 18 years of age.
The adult-oriented establishment license shall be displayed in a conspicuous public place within five feet of the entrance of the adult-oriented establishment.
Any corporation, partnership, or LLC holding an adult-oriented establishment license under this chapter shall report to the clerk, in writing, within 10 days of the event described in this section, any of the following:
Any change of officers of the corporation.
Any change in the membership of the board of directors of the corporation.
Any change in the partners of the partnership.
Any change of managing partners of the partnership.
Any change of managers, officers, or directors of the LLC.
Any change in the membership of the LLC.
Any change of address of any officer, director, stockholder holding more than five percent of the stock, agent for service of process, partner, limited partner, manager, officer, director, members holding more than five percent ownership of the LLC, or individual applicant.
Upon the sale or transfer of ownership or control of any interest in an adult-oriented establishment, the license shall be void. Any person desiring to continue to operate an adult-oriented establishment following sale or transfer shall apply for a new license.
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. All applications for the renewal of adult-oriented establishment licenses issued by the Town shall be filed with the Clerk's office on a form to be provided by the Clerk no later than 60 days prior to the expiration of the license. The renewal application shall contain such information and data, given under oath or affirmation, as is required for an application for a new license. Applications to renew licenses shall be processed by the Town in the same fashion as new applications. No license shall be renewed without a reinspection of the premises as required under § 195-11E.
A license renewal fee of $250 shall be submitted with the renewal application. In addition to the renewal fee, a late penalty of $100 shall be assessed against any applicant who files for renewal less than 60 days before the license expires. If the application is denied, one-half of the total fees collected shall be returned.
Any adult-oriented establishment license may be suspended for not more than 90 days or revoked by the Town Board for any of the following reasons:
Any of the grounds that would warrant the denial of the original application for the license.
Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
The operator or any employee of the operator violates any provision of this chapter or any rules or regulations adopted by the Town 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 90 days if the Town 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.
The operator becomes ineligible to obtain a license or permit.
Any cost or fee required to be paid by this chapter is not paid.
Any intoxicating liquor or fermented malt beverage is served or consumed on the premises of the adult-oriented establishment.
The establishment is operated outside of operation hours established by the Town Board.
There is any substantial change in the floor plan, site plan and sign plan approved by the Town Board without the approval of the Board.
Adult-oriented establishment license may be suspended or revoked after notice and hearing before the Town Board to determine if grounds for such suspension or revocation exist. Notice of the hearing shall be in writing and may be personally served on the licensee or served by certified mail addressed to the licensee at the current address of the licensee on file with the Clerk's office. The notice shall be served at least seven days prior to the date of hearing. The notice shall state the grounds of the complaint against the licensee and shall designate the date, hour and the place where the hearing will be held.
Any operator whose license is revoked shall not be eligible to receive a license for two years from the date of revocation. No location or premises for which a license has been revoked shall be used as an adult-oriented establishment for six months from the date of revocation of the license.
Any operator whose license is revoked a second time shall be ineligible to receive a license for 10 years from the date of revocation. No location or premises for which a license has been revoked shall be used as an adult-oriented establishment for five years from the date of the second revocation of the license.
No adult-oriented business shall be located:
Within 500 feet of an existing adult-oriented business;
Within 500 feet of any residential dwelling, included but not limited to houses, apartments, condominiums, or flats;
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;
Within 500 feet of any public or private educational facility, including but not limited to any child day-care establishments, nursery schools, preschools, kindergartens, elementary schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. "School" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally at a school;
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, a playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the Town which is under the control, operation or management of the Town and recreational authorities;
Within 500 feet of any premise that in any manner sells or disperses alcohol or is licensed pursuant to the alcoholic beverage control regulations of the state; or
Within 500 feet of any preexisting business that has minor children as a significant portion its on-site customers, including but not limited skating facilities, riding arenas, and bowling alleys.
For the 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 an adult-oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection A. The presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
It shall be prohibited in an adult-oriented business for a person to appear in a state of nudity or engage in specified sexual activities.
It shall be prohibited in an adult-oriented business 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 from the floor.
It shall be prohibited for an employee, while seminude in an adult-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 an adult-oriented business.
It shall be prohibited in an adult-oriented business to serve, sell, use, possess, provide or consume any intoxicating liquor, malt beverage or any other alcoholic beverage.
No adult-oriented business, except for an adult motel, shall be open between the hours of 12:00 a.m. (midnight) and 8:00 a.m., Monday through Saturday, and between the hours of 12:00 a.m. (midnight) and 12:00 p.m. (noon) on Sunday.
All adult-oriented businesses shall be open to inspection at all reasonable times by the Ozaukee County Sheriff's Department, Town Constable, Town Administrator, Town Zoning Administrator and the Town Building Inspector.
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 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 may occur within these establishments, this ordinance seeks only to minimize and prevent the secondary effects of adult-oriented businesses on the community. Negative secondary effects have not been associated with the establishments referenced in this section.
A person who operates or causes to be operated an adult-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 not less than $500 nor more than $1,000, plus court costs. Each day an adult-oriented business operates as such constitutes a separate offense or violation.
Chapter 68 of the Wisconsin Statutes concerning municipal administrative procedure shall govern the administrative procedure and review concerning the granting, denial, renewal or nonrenewal of a permit or a license. A request for an initial determination shall be made by an aggrieved person pursuant to the provisions contained in Wis. Stat., § 68.08, to the Town Clerk. An administrative appeal pursuant to the provision contained in Wis. Stat., § 68.10, may be made by an aggrieved person to the Board of Appeals and a hearing shall be held by the Board of Appeals pursuant to Wis. Stat., § 68.11. Any party to a proceeding resulting in a final determination may seek judicial review pursuant to the provisions contained in Wis. Stat. § 68.13.
The several sections and portions of this chapter are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.