It is the purpose of this article to regulate sexually oriented
adult entertainment establishment businesses (hereinafter referred
to as "adult establishments") to promote the health, safety, morals,
and general welfare of the citizens of the Village of Woodville, 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.
For the purpose of this article, the following terms shall have
the meanings indicated:
Includes bookstores, motion-picture theaters, mini motion-picture
theaters, bathhouses, modeling studios, and body painting studios,
more specifically defined as follows:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock and trade in books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons at 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 as defined herein for observation by patrons therein.
ADULT MOTION-PICTURE THEATER (OUTDOOR)A parcel of land from which individuals may view a motion picture presented out of doors which presents material distinguishably characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for fewer than 50 persons, including establishments that have coin-operated video or motion-picture booths, used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
ADULT BATHHOUSEAn establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities as defined in this article.
ADULT MOTELA hotel, motel, or similar commercial establishment which:
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 or description of specified
sexual activities or specified anatomical areas; and which may have
a sign visible from the public right-of-right which advertises the
availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
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 MODELING STUDIOAn establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially nude by means of photography, painting, sketching, drawing or otherwise.
ADULT BODY PAINTING STUDIOAn establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this article, "adult body painting studio" shall not be deemed to include a tattoo parlor.
ADULT NOVELTY SHOPAn establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, specified sexual activities as defined herein or stimulating such activity.
Less than completely and opaquely covered:
Human genitals in a state of sexual stimulation or arousal.
Acts of human masturbation, sexual intercourse, or sodomy.
Fondling or other erotic touching of human genitals, pubic region,
buttock, or female breasts.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
A.
Except as provided in Subsection D below, no adult establishment shall be operated or maintained within the corporate limits of the Village of Woodville without obtaining a license to operate issued by the Village of Woodville.
B.
A license may be issued only for one adult establishment located
at a fixed and certain place. Any person, partnership, or corporation
who or which desires to operate more than one adult establishment
must have a license for each.
C.
No license or interest in a license may be transferred to any person,
partnership, or corporation.
D.
All adult establishments existing at the time of the original passage
of this chapter must submit an application for a license within 90
days of the passage of this chapter. If an application is not received
within said ninety-day period, then such existing adult establishment
shall cease operations.
A.
License procedure. Any person, partnership, or corporation desiring
to secure a license shall make application to the Clerk-Treasurer.
The application shall be filed in triplicate with and dated by the
Clerk-Treasurer. A copy of the application shall be distributed within
10 days of receipt thereof to the Police Department, Building Inspector,
and to the applicant.
B.
Required information. The application for a license shall be upon
a form approved by the Clerk-Treasurer. An applicant for a license,
which shall include all partners or limited partners of a partnership
applicant, and all officers or directors of a corporate applicant,
and any other person who is interested directly in the ownership or
operation of the business, shall furnish the following information
under oath:
(1)
Name and address, including all aliases.
(2)
Written proof that the individual is at least 18 years of age.
(3)
All residential addresses of the applicant for the past 10 years.
(4)
The business, occupation, or employment of the applicant for 10 years
immediately preceding the date of application.
(5)
Whether the applicant previously operated in this or any other state,
county, or municipality under an adult establishment license or similar
business license and whether the applicant has ever had such a license
revoked or suspended, the reason therefor, and the business entity
or trade name under which the applicant operated that was subject
to the suspension or revocation.
(6)
All criminal convictions, whether federal or state, or municipal
ordinance violation convictions, forfeiture of bond and pleadings
of nolo contendere on all charges, except minor traffic violations.
(7)
Fingerprints and two portrait photographs at least two inches by
two inches of the applicant.
(8)
The address of the adult establishment to be operated by the applicant.
(9)
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
the name and address of the registered agent, and all officers and
directors of the corporation.
A.
General requirements. To receive a license to operate an adult establishment,
an applicant must meet the following standards:
(1)
If the applicant is an individual:
(a)
The applicant shall be at least 18 years of age.
(b)
Subject to Ch. 111, Wis. Stats., the applicant shall not have
been convicted of or pleaded nolo contendere to a felony or any crime
involving moral turpitude, prostitution, obscenity, or other crime
of a sexual nature in any jurisdiction within five years immediately
preceding the date of the application.
(c)
The applicant shall not have been found to have previously violated
this article within five years immediately preceding the date of the
application.
(2)
If the applicant is a corporation:
(a)
All officers, directors, and others required to be named under § 193-13B shall be at least 18 years of age.
(b)
Subject to Ch. 111, Wis. Stats., no officer, director, or other person required to be named under § 193-13B shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
(3)
If the applicant is a partnership, joint venture, or any other type
of organization where two or more persons have a financial interest:
(a)
All persons having a financial interest in the partnership,
joint venture, or other type of organization shall be at least 18
years of age.
(b)
No persons having a financial interest in the partnership, joint
venture, or other type of organization shall, subject to Ch. 111,
Wis. Stats., have been convicted of or pleaded nolo contendere to
a felony or any crime involving moral turpitude, prostitution, obscenity,
or other crime of a sexual nature in any jurisdiction within five
years immediately preceding the date of the application.
(c)
No person having a financial interest in the partnership, joint
venture, or other type of organization shall have been found to have
violated any provision of this article within five years immediately
preceding the date of the application.
B.
Investigation. No license shall be issued unless the Police Department
has investigated the applicant's qualifications to be licensed.
The results of that investigation shall be filed in writing with the
Clerk-Treasurer no later than 14 days after the date of the application.
C.
Inspection. The Building Inspector shall inspect the premises proposed
to be licensed to verify compliance with the respective codes and
shall report compliance findings to the Clerk-Treasurer within 14
days of the date of application.
D.
Proof. No license shall be issued unless the applicant provides proof
of one of the following:
(1)
Ownership of a properly zoned building or parcel of real property
upon which a building can be constructed. Proper zoning includes permissible
nonconforming use status.
(2)
A lease on a building which is properly zoned to house a venture.
Proper zoning includes permissible nonconforming use status.
(3)
An option to purchase property which is properly zoned for the venture.
Proper zoning includes permissible nonconforming use status.
(4)
An option to lease property which is properly zoned for the venture.
Proper zoning includes permissible nonconforming use status.
A nonrefundable license application fee as set by the Village
Board shall be submitted with the application for a license.
The license shall be displayed in a conspicuous public place
in the adult establishment.
A.
Every license issued pursuant to this article will terminate on June
30 of the year it is issued, unless sooner revoked, and must be renewed
before operation is allowed in the following year. Any operator desiring
to renew a license shall make application to the Clerk-Treasurer.
The application for renewal must be filed not later than 60 days before
the license expires. The application for renewal shall be filed in
triplicate with and dated by the Clerk-Treasurer. A copy of the application
for renewal shall be distributed by the Clerk-Treasurer to the Police
Department and the applicant. The application for renewal shall be
upon a form provided by the Clerk-Treasurer and shall contain such
information and data, given under oath or affirmation, as is required
for an application for a new license.[1]
C.
If the Police Department is aware of any information bearing on the
operator's qualifications, that information shall be filed in
writing with the Clerk-Treasurer.
A.
Whenever an initial application is denied, the Clerk-Treasurer shall,
within 14 days of the denial, 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 meeting of the Public Protection
Committee.
B.
Failure or refusal of the applicant to give any information relevant
to the investigation of the application or his or her refusal or failure
to appear at any reasonable time and place for examination under oath
regarding said application or his or her refusal to submit to or cooperate
with any investigation required by this article shall constitute an
admission by the applicant that he or she is ineligible for such license
and shall be grounds for denial thereof by the Clerk-Treasurer.
Any adult establishment having open for customers, patrons,
or members any booth, room, or cubicle for the private viewing of
any sexually oriented adult entertainment 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 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 sexual
activity, cause any bodily discharge or litter while in the booth.
No individual shall damage or deface any portion of the booth.
A.
An operator, licensed under this article, shall maintain a register
of all employees, showing the name and aliases used by the employee,
home address, birth date, sex, telephone numbers, social security
number, and date of employment and termination. The above information
on each employee shall be maintained in the register on the premises
for a period of three years following termination.
B.
The operator shall make the register of employees available immediately
for inspection by police upon demand of a member of the Police Department
at all reasonable times.
C.
Every act or omission by an employee constituting a violation of
the provisions of this article shall be deemed the act or omission
of the operator if such act or omission occurs either with the authorization,
knowledge, or approval of the operator or as a result of the operator's
negligent failure to supervise the employee's conduct, and the
operator shall be punishable for such act or omission in the same
manner as if the operator committed the act or caused the omission.
D.
Any act or omission of any employee constituting a violation of the
provisions of this article 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.
E.
No employee of an adult entertainment establishment shall allow any
minor to loiter around or to frequent an adult entertainment establishment
or allow any minor to view sexually oriented adult entertainment as
defined herein.
F.
The operator shall maintain the premises in a clean and sanitary
manner at all times.
G.
The operator shall ensure compliance of the establishment and its
patrons with the provisions of this article.
H.
The operator shall ensure that there is conspicuously posted inside
each booth, stall, partitioned portion of a room, or individual room
an unmutilated and undefaced sign or poster supplied by health officials
which contains information regarding sexually transmitted diseases
and the telephone numbers from which additional information can be
sought.
I.
The operator shall ensure that there is conspicuously displayed at
a place near the main entrance of the establishment, or portion thereof,
any information, brochures, or pamphlets supplied by health officials
pertaining to sexually transmitted diseases.
J.
The operator shall ensure that there are posted regulations concerning
booth occupancy on signs, with lettering at least one inch high, that
are placed in conspicuous areas of the establishment and in each of
the viewing enclosures.
K.
The health officials shall charge their reasonable costs for supplying
such posters, brochures, pamphlets, and other information supplied
under this section.
A.
All operators, employees, and independent contractors working in
any adult establishment hereunder shall, prior to beginning employment
or contracted duties, register with the Police Department. Such registration
shall include the following:
B.
Upon registration, the Police Department will provide to each registered
employee an identification card containing the employee's photograph
identifying the employee as such, which shall be kept available for
production upon request of all Village inspecting officers while on
duty at such adult establishment.
C.
All registrations hereunder are valid for a period of one year.
All private schools and public schools, as defined in Ch. 115, Wis. Stats., located within the Village of Woodville 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 Village Board and the Public Protection Committee, including the action of license revocation or nonrenewal, anyone who violates any of the provisions of this article shall be subject to a penalty as provided in § 1-4 of this Code 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.
A.
In general. Any license granted herein may be revoked or suspended,
indefinitely, or not renewed by the Village Board as follows:
(1)
If the applicant has made or recorded any statement required by this
article knowing it to be false or fraudulent or intentionally deceptive.
(2)
For the violation of any provision of this article, except for establishment
license matters involving a violation of building codes; in such case
the license shall be revoked after the second conviction thereof in
any license year.
(3)
After one conviction of any establishment personnel of an offense
under Ch. 944, Wis. Stats., or of an offense against the person or
property of a patron of the property or of an offense involving substances
in Subchapter II of Ch. 961, Wis. Stats., where there is shown the
participation or knowledge of any other establishment personnel or
of any individual within the business structure of the applicant.
B.
Notice of hearing. No license shall be revoked, suspended, or not
renewed by the Village Board except upon due notice and hearing to
determine whether grounds for such action exist. Such hearing shall
be held before the Public Protection Committee. Notice of such hearing
shall be in writing and shall state the grounds of the complaint against
the licensee. The notice shall be served upon the licensee at least
15 days prior to the date of the hearing and shall state the time
and place thereof. The licensee shall be entitled to be heard, to
be represented by counsel, to cross-examine opposing witnesses, and
to present witnesses on his or her own behalf, under subpoena by the
Village Board if such is required, and the hearing may be stenographically
recorded at the licensee's option and expense. At the conclusion
of such hearing, the Public Protection Committee shall prepare and
submit a report to the Village Board, including findings of fact and
conclusions of law and a recommendation as to what, if any, action
the Village Board should take with respect the license. The Committee
shall provide the complainant and licensee with a copy of the report.
C.
Appeal. Either the complainant or licensee may file an objection to the report and have the opportunity to present arguments supporting the objection to the Village Board. The Village Board shall determine whether arguments shall be presented orally or in writing, or both. If the Village Board, after arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided at Subsection A. The Village Board shall decide the matter and shall prepare a written decision which shall be filed with the Clerk-Treasurer, and a copy thereof shall be delivered to the licensee and complainant within 20 days after its decision.
Any license granted under the provisions of this article shall
be transferable and subject to all licensing procedures and other
regulations of this article.[1]
