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:
SEXUALLY ORIENTED ADULT ENTERTAINMENT ESTABLISHMENT
Includes bookstores, motion-picture theaters, mini motion-picture
theaters, bathhouses, modeling studios, and body painting studios,
more specifically defined as follows:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
ADULT MOTELA hotel, motel, or similar commercial establishment which:
(1)
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;
(2)
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
(3)
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
G.
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.
H.
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.
I.
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.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered:
A.
Human genitals or pubic region.
C.
Female breast below a point immediately above the top of the
areola.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse, or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region,
buttock, or female breasts.
D.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
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.
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.
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.
Any license granted under the provisions of this article shall
be transferable and subject to all licensing procedures and other
regulations of this article.