As used in this chapter, the following terms shall have the
meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated or, for any form of consideration, electronically,
electrically, or mechanically controlled still- or motion-picture
machines, projectors, video or laser disc players, 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, ADULT NOVELTY STORE or ADULT VIDEO STORE
A.
A commercial establishment which has a significant or substantial
portion of its stock-in-trade or a significant or substantial portion
of its revenues or devotes a significant or substantial portion of
its interior business or advertising to the sale or rental for any
form of consideration of any one or more of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes, DVDs, or video or digital
reproductions, slides, or other visual representations which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas; or
(2)
Instruments, devices, or paraphernalia which 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, adult novelty
store, or adult video store. Such other business purposes will not
serve to exempt such commercial establishments from being categorized
as an adult bookstore, adult novelty store, 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 which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
C.
A video store that sells and/or rents only videotapes, DVDs
or other photographic or computer-generated reproductions and associated
equipment shall come within this definition if 20% or more if its
stock-in-trade or revenue comes from the rental or sale of videotapes,
DVDs, or other photographic reproductions or associated equipment
which is characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
A.
Persons appearing in:
(2)
Attire that is limited to that which fully and opaquely covers
human male or female genitals, pubic area, vulva, anus, anal cleft
and cleavage, and the entire nipple and areola of the female breast;
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, videocassettes, DVDs, slides or other
photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT MINI MOTION-PICTURE THEATER
An enclosed establishment with a capacity of fewer than 50
persons used for regularly featuring materials having as their dominant
theme, or distinguished or characterized by an emphasis on, matters
depicting, describing or relating to specified sexual activities or
specified anatomical areas, for observation by patrons therein.
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, DVDs, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; and
has 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
An enclosed establishment with a capacity of 50 or more persons
where, for any form of consideration, films, motion pictures, videocassettes,
DVDs, slides, or similar photographic reproductions are regularly
featured which 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 which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified sexual activities or specified anatomical areas.
BOOTH, ROOM or CUBICLE
Such enclosures as are specifically offered to the public
or members of a sexually oriented business for hire or for a fee as
part of a business operated on the premises which offers as part of
its business the entertainment to be viewed within the enclosure,
which shall include, without limitation, such enclosures wherein the
entertainment is dispensed for a fee but a fee is not charged for
mere access to the enclosure. However, "booth," "room" or "cubicle"
does not mean such enclosures that are private offices used by the
owners, managers or persons employed on the premises for attending
to the tasks of their employment, which enclosures are not held out
to the public or members of the establishment for hire or for a fee
or for the purpose of viewing entertainment for a fee and are not
open to any persons other than employees, nor shall this definition
apply to hotels, motels, or other similar establishments licensed
by the State of Wisconsin pursuant to Ch. 50, Wis. Stats.
EMPLOYEE
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract 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.
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; or
D.
The relocation of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license, and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or who displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration. "Nude
model studio" shall not include a proprietary school licensed by the
State of Wisconsin or a college, junior college or university supported
entirely or in part by public taxation; a private college or university
which maintains and operates educational programs in which credits
are transferable to a college, junior college, or university supported
entirely or partly by taxation; or a structure:
A.
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing;
B.
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
C.
Where no more than one nude or model is on the premises at any
one time.
NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of the entire nipple and areola, or the showing of
the covered male genitals in a discernibly turgid state.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
PUBLIC INDECENCY
A person knowingly or intentionally, in a public place:
A.
Engages in sexual intercourse;
B.
Engages in deviant sexual conduct;
C.
Appears in a state of nudity; or
D.
Fondles the genitals of another person.
PUBLIC PLACE
Any location frequented by the public, or where the public
is present or like to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, beaches,
business and commercial establishments (whether for profit or not
for profit and whether open to the public at large or where entrance
is limited by a cover charge or membership requirement), bottle clubs,
hotels, motels, restaurants, nightclubs, country clubs, cabarets and
meeting facilities utilized by religious, social, fraternal or similar
organizations. Premises used solely as a private residence, whether
permanent or temporary in nature, shall not be deemed to be a public
place. "Public place" shall not include enclosed single sex public
rest rooms, enclosed single sex functional showers, locker and/or
dressing room facilities, enclosed motel rooms and hotel rooms designed
and intended for sleeping accommodations, doctors' offices, portions
of hospitals and similar places in which nudity or exposure is necessarily
and customarily expected outside of the home and the sphere of privacy
constitutionally protected therein. "Public place" does not include
a private facility which has been formed as a clothing optional facility,
properly licensed by the state.
REGULARLY FEATURES or REGULARLY FEATURING
The content or activities that are described as being regularly
featured by a sexually oriented business are the permanent focus of
its business and are given special prominence by the business on a
permanent basis.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of 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.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion-picture theater,
adult theater, escort agency, nude model studio, or sexual encounter
center.
SPECIFIED ANATOMICAL AREAS
A.
The human male genitals in a discernibly turgid state, even
if completely and opaquely covered; or
B.
Less than fully and opaquely covered human genitals, pubic area,
vulva, anus, anal cleft or cleavage or the female breast with less
than a fully opaque covering of the entire nipple and areola.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of the human genitals,
pubic region, buttocks, anus, or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsection
A and
B above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease, or sublease of the business;
B.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
C.
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
All sexually oriented businesses are subject to the regulations
in this chapter and are classified as follows:
B. Adult bookstores, adult novelty stores, or adult video stores;
E. Adult motion-picture theaters or adult mini motion-picture theaters;
I. Sexual encounter centers.
A person commits a violation of this chapter if the person knowingly
allows a person under the age of 18 years on the premises of a sexually
oriented business.
A person commits a violation of this chapter if the person knowingly
or intentionally commits a public indecency.
A person commits a violation of this chapter if the person knowingly
allows or otherwise participates in the sale, use or consumption of
alcohol beverages on the premises of a sexually oriented business.
A sexually oriented business, except for an adult motel, must
remain closed at all times between the hours of 12:00 midnight and
10:00 a.m. Monday through Saturday. No Sunday open hours are permitted
for sexually oriented business except for an adult motel.
The Village shall suspend a license for a period not to exceed
30 days if it determines that a licensee or an employee of a licensee
has:
A. Violated or is not in compliance with this chapter.
B. Refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter.
It is a defense to prosecution under §
425-14 that a person appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school, licensed by the State of Wisconsin, a college,
junior college, or university supported entirely or partly by taxation;
B. By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
C. In a structure:
(1) Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing;
(2) Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(3) Where no more than one nude model is on the premises at any one time.
Chapter 68, Wis. Stats., shall govern the administrative procedure
and review regarding the granting, denial, renewal, nonrenewal, revocation
and suspension of a license. After denial of an application, or denial
of a renewal of an application, or suspension or revocation of any
license, as provided for in this chapter, the applicant or licensee
may seek prompt judicial review of such administrative action in any
court of competent jurisdiction. The administrative action shall be
promptly reviewed by the court.