The Village Board finds that due to their nature, the existence of sexually
oriented businesses/adult entertainment in the Village has serious objectionable
operational characteristics, such as an effect upon property values, local
commerce and crime. Due to the deleterious combined effect on adjacent areas
when such uses are concentrated or when located in close proximity to premises
which serve alcoholic beverages, fermented malt beverages, or wine for consumption
on site, such uses should not be permitted to be located in close proximity
to each other or to premises serving such beverages. Special regulation of
these uses is necessary to ensure that these adverse effects will not contribute
to the blighting or downgrading of the surrounding neighborhood. Such regulations
are contained in these standards. These regulations are designed to protect
the Village's retail trade, maintain property values, prevent crime, control
the spread of disease, and in general protect and preserve the quality of
the Village's neighborhoods and commercial districts and the quality of Village
life.
As used in this chapter, the following terms shall have the meaning
indicated:
SEXUALLY ORIENTED BUSINESS
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 activity
is characterized by emphasis on matters depicting, describing, or relating
to nudity, sexual conduct, or sexual excitement or sexual in nature as defined
herein.
A sexually oriented business is permitted only as a conditional use
and only in a commercially zoned district, provided that such use shall not
be located:
A. Within 1,000 feet of any residence or single-family or multifamily
residential district designated by said zoning.
B. Within 1,000 feet of any public or private school, library, governmental
building, day-care premises, nursery, church, park, playground, beach or any
building used even upon occasion as such.
C. Within 1,000 feet of another adult bookstore, adult entertainment
establishment, or adult motion-picture theater.
D. Within 1,000 feet of any premises or establishment which is licensed
by the Village or any other governmental body to sell, serve, or dispense
alcoholic beverages for consumption on site.
E. On or in premises which are licensed by the Village to sell,
serve or dispense alcoholic beverages, fermented malt beverages or wine for
consumption on site.
Notwithstanding any other provision of this Code, an adult-oriented
entertainment business shall not be permitted more than one sign advertising
its business, which shall be an on-premises or building sign only. All signs
shall meet the following criteria:
A. No merchandise or pictures of the product or entertainment shall
be displayed in the window area or any area where they can be viewed from
the sidewalk in front of the building.
B. No sign shall be placed in any window. A one-square-foot sign
may be placed on the door to state hours of operation and admittance to adults
only.
C. No sign shall contain any depiction of the human form or any
part thereof, nor shall it contain sexually explicit language such as "nude
dancing" or "Girls, Girls, Girls," etc.
D. No sexually oriented business may have any off-premises sign.
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 to customers of entertainment which is intended to provide
sexual stimulation or sexual gratification to such customers and where the
establishment is not distinguished by an emphasis on, or the advertising or
promotion of, employees engaging in nude erotic dancing.
Any person, partnership or corporation who or which violates any provisions
of this chapter shall be subject to a forfeiture of not less than $100 and
not more than $500 per violation. A separate offense and violation shall be
deemed committed on each day on which a violation occurs or continues. In
addition, violation of this chapter constitutes sufficient grounds for suspending,
revoking or nonrenewal of an alcohol beverage license under § 125.12,
Wis. Stats.