The following definitions are applicable in this article:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still- or motion-picture machines, projectors,
or other image-producing devices are 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 the depicting or
describing of specified sexual activities or specified anatomical
areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A.
A commercial establishment that, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations that depict or describe specified
sexual activities or specified anatomical areas; or
(2)
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
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 an 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.
ADULT CABARET
A nightclub, dance hall, bar, restaurant, or similar commercial
establishment that regularly features:
A.
Persons who appear in a state of nudity or semi-nudity;
B.
Live performances that are characterized by specified sexual
activities; or
C.
Films, motion pictures, videocassettes, slides, or other photographic
or computer reproductions or depictions that are characterized by
the depiction or description of specified sexual activities or nudity.
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 or description of specified
sexual activities or specified anatomical areas; and which may have
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 that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear, in person,
in a state of nudity and/or seminudity and/or live performances that
are characterized by the exposure of specified anatomical areas or
by specified sexual activities.
BREAST
The female mammary gland.
BUTTOCKS
The area at the rear of the human body referred to as the
gluteus maximus; the fleshy part of the body at the back of the hips
upon which a person sits.
EMPLOYEE
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, or
independent basis, whether or not the person is denominated an employee,
independent contractor, agent, or otherwise, and whether or not said
person is paid a salary, wage, or other compensation by the operator
of said business. "Employee" does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment
on the premises or for the delivery of goods to the premises, nor
does "employee" include a person exclusively on the premises as a
patron or customer.
ENTERTAINER
A.
Any person who appears in a state of nudity or seminudity in
a sexually oriented business; or
B.
Any person who engages in live performances that are characterized
by specified sexual activities.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who or which furnishes,
offers to furnish, or advertises to furnish escorts as one of its
primary business purposes for a fee, tip, or other consideration.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business;
B.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
C.
The addition of any sexually oriented business to any other
existing sexually oriented business;
D.
The relocation of any sexually oriented business; or
E.
A sexually oriented business or premises on which the sexually
oriented business is located.
LICENSED DAY-CARE CENTER
A facility licensed by the State of Wisconsin, under § 48.65,
Wis. Stats., whether situated within the Village or not, that provides
care, training, education, custody, treatment or supervision for more
than four children under 14 years of age, where such children are
not related by blood, marriage or adoption to the owner or operator
of the facility, for less than 24 hours a day, regardless of whether
or not the facility is operated for profit or charges for the services
it offers.
NUDITY or STATE OF NUDITY
The appearance of the human bare anus, anal cleft or cleavage,
pubic area, male genitals, female genitals, or the nipple or areola
of the female breast, with less than a fully opaque covering, or the
showing of the covered male genitals in a discernibly turgid state.
OPERATOR
The person on the premises who is responsible for the control
and management of the sexually oriented business.
PATRON
A customer on the premises of a sexually oriented business.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
PREMISES
The real property upon which the sexually oriented business
is located and all appurtenances thereto and buildings thereon, including
but not limited to the sexually oriented business, the grounds, 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.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one if its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
B.
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered:
A.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
B.
Human anus, anal cleft or cleavage, genitals, pubic region,
or the nipple or areola of the female breast.
SPECIFIED SEXUAL ACTIVITY
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts, whether covered or uncovered;
B.
Sex acts, actual or simulated, including intercourse, oral copulation,
or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
Sexually oriented businesses shall be subject to Chapter
525, Zoning, §
525-94, Location restrictions.
The provisions of this article 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, social or political merit are offered on a regular
basis and in which the predominant business or attraction is not the
offering of entertainment which is intended for the 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 article seeks only to minimize and prevent the
secondary effects of adult oriented establishments or sexually oriented
businesses on the community. Negative secondary effects have not been
associated with these establishments.
A violation of this article or a zoning provision conforming to §
193-29 is declared to be a public nuisance per se which shall be abated by the Village Attorney by way of civil abatement procedures.