It is the purpose of this article to regulate
adult-oriented establishment businesses (hereinafter referred to as
"adult-oriented establishments") to promote the health, safety, morals,
and the general welfare of the citizens of the City of Weyauwega,
to aid in the alleviation and prevention of the adverse and deleterious
effects of criminal activity and disruption of the public peace associated
with such establishments, and to establish reasonable and uniform
regulations to prevent the serious health hazards associated with
unsafe and unsanitary conditions known to exist in those establishments
and to alleviate the spread of sexually transmitted diseases and other
contagious diseases in those establishments.
A nonrefundable adult-oriented establishment
license application fee as set by the City Council shall be submitted
with the application for a license.
The adult-oriented establishment license shall
be displayed in a conspicuous public place in the adult-oriented establishment.
Licenses may not be transferred. All license
applications shall be original or for a renewal.
Any adult-oriented establishment having available
for customers, patrons or members any booth, room, or cubicle for
the private viewing of any motion picture, videotape or compact disc
in which a significant or substantial portion of the material presented
is distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas 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 adult-oriented
establishment and 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, cubicles and any nonpublic areas by a wall.
(2) Each booth, room or cubicle shall have at least one
side totally open to a public lighted aisle so that there is an unobstructed
view at all times of anyone occupying the same.
(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 10 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 of the same shall engage
in any type of specified sexual activity, cause any bodily discharge
or litter while in the booth. No person shall alter, damage or deface
any portion of any such booth, room or cubicle in such a manner that
it no longer complies with the provisions of this section.
All private schools and public schools, as defined
in Ch. 115, Wis. Stats., located within the City of Weyauwega are
exempt from obtaining a license hereunder when instructing pupils
in sex education as part of their curriculum.
In addition to any other actions allowed by law or taken by the City Council, including the action of license revocation, suspension or nonrenewal, anyone who violates any of the provisions of this article shall be subject to a forfeiture as prescribed by §
1-3 for each and every offense, together with the costs of prosecution. If such forfeiture and costs are not paid, such person so convicted shall be subject to any civil penalties or other penalties available by law.