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 New Lisbon, 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.
Except as provided in Subsection D below, no adult-oriented establishment shall be operated or maintained within the corporate limits of the City of New Lisbon without first obtaining a license to operate issued by the City of New Lisbon.
B.
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place per filed application. Each adult-oriented
establishment must have a license.
C.
No license or interest in a license may be transferred to any person, partnership, or corporation except as set forth in § 196-21. No more than one license shall be issued to any one individual, partnership or corporation.
D.
All adult-oriented 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-oriented establishment
shall cease operations.
A.
License procedure. Any person, partnership, or corporation desiring to secure an adult-oriented establishment license shall make application to the City Clerk-Treasurer. The application shall be filed in triplicate with and dated by the City Clerk-Treasurer. A copy of the application shall be distributed within 10 days of receipt thereof to the Police Department, Fire Inspector, Building Inspector, and to the applicant. The procedures prescribed in § 196-6A through C shall be applicable to adult-oriented establishment licenses under this article.[1]
B.
Required information. The application for a license shall be upon
a form provided by the City Clerk-Treasurer. An applicant for a license,
which shall include all partners or limited partners of a partnership
applicant, all officers or directors of a corporate applicant, all
members of any limited liability company 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, including all aliases, address and date of birth of applicant;
(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)
The exact nature of the adult entertainment to be conducted;
(6)
Whether the applicant previously operated in this or any other state,
county or municipality under an adult-oriented 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 (the applicant shall provide
the name of the municipality/state where such license was suspended
or revoked);
(7)
All criminal and traffic convictions, whether federal or state, or
municipal ordinance violation convictions, forfeiture of bond and
pleadings of nolo contendere on all charges, except traffic offenses;
(8)
Fingerprints made by a law enforcement agency and two portrait photographs
of at least two inches by two inches of the applicant;
(9)
The address of the adult-oriented establishment to be operated by
the applicant;
(11)
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
and the name and address of the registered agent of the corporation.
C.
Failure to provide information. Failure or refusal of the applicant
to provide any information for the investigation of the application,
or the applicant's refusal or failure to appear at any reasonable
time and place for examination under oath regarding said application,
or refusal to submit to or cooperate with any investigation required
by this section, shall constitute an admission by the applicant of
ineligibility for such license and shall be grounds for denial thereof.
A.
General requirements. To receive a license to operate an adult-oriented
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, or have charges pending
or deferred prosecution, to a felony or any crime involving moral
turpitude, prostitution or other crime of a sexual nature in any jurisdiction
within five years immediately preceding the date of the application;
and
(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 § 196-15B 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 § 196-15B shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and
(3)
If the applicant is a partnership, joint venture, limited liability
company 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)
Subject to Ch. 111, Wis. Stats., no person having a financial
interest in the partnership, joint venture, or other type of organization
shall have been convicted of or pleaded nolo contendere to a felony
or any crime involving moral turpitude, prostitution or other crime
of a sexual nature in any jurisdiction within five years immediately
preceding the date of the application; and
(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 City of New
Lisbon Police Department has investigated the applicant's qualifications
to be licensed. The results of that investigation shall be filed in
writing with the City Clerk-Treasurer no later than 30 days after
the application.[1]
C.
Inspection. The Fire Inspector and/or Police Department shall inspect
the premises proposed to be licensed to verify compliance with their
respective codes and shall report compliance findings to the City
Clerk-Treasurer within 30 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.
(4)
An option to lease property which is properly zoned for the venture.
Proper zoning includes permissible nonconforming use status.
A nonrefundable adult-oriented establishment license application
fee as set by the Common 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.
A.
Every license issued pursuant to this article will terminate on June
30 of the period for which the license 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 City 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 City
Clerk-Treasurer. A copy of the application for renewal shall be distributed
by the City Clerk-Treasurer to the Police Department, Fire Inspector
and the applicant. The application for renewal shall be upon a form
provided by the City Clerk-Treasurer and shall contain such information
and data, given under oath or affirmation, as is required for an application
for a new license.
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 City Clerk-Treasurer.
A.
Whenever an initial application is denied, the City 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 Common
Council.
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 City Clerk-Treasurer.
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.
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
of a period of three years following termination.
B.
The operator shall make the register of employees available immediately
for inspection by law enforcement officers upon demand of a member
of a law enforcement agency at all 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-oriented establishment shall allow any minor
to loiter around or to frequent an adult-oriented establishment or
allow any minor to view sexually explicit live adult entertainment
or materials containing depictions of specified sexual activities
or specified anatomical areas 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, room or cubicle an unmutilated and undefaced sign or poster
supplied by the licensee and approved by the Common Council 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 the City 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 booths, rooms or cubicles.
K.
It shall be unlawful to allow a person who is younger than 18 years
of age to enter or be on the premises of an adult-oriented establishment
at any time the adult-oriented establishment is open for business.
L.
It shall be the duty of the operator of each adult-oriented establishment
to ensure that an attendant is stationed at each public entrance to
the adult-oriented establishment at all times during regular business
hours. It shall be the duty of the attendant to prohibit any person
under the age of 18 years from entering the adult-oriented establishment.
It shall be presumed that an attendant knew a person was under the
age of 18 unless such attendant asked for and was furnished:
M.
No adult-oriented establishment regulated by this chapter may remain
open between the hours of 2:00 a.m. and 8:00 a.m., except on Saturday
and Sunday, when the closing hours shall be between 2:30 a.m. and
8:00 a.m.
A.
All operators, employees, and independent contractors working in
any adult-oriented establishment hereunder shall, prior to beginning
employment or contracted duties, register with the City Clerk-Treasurer.
Such registration shall include the following:
B.
Upon registration, the licensee, subject to design approval by the
City Clerk-Treasurer, 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 inspecting officers while on duty at such adult-oriented
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 City of New Lisbon 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 Common Council, including the action of license revocation, suspension or nonrenewal, anyone who violates any of the provisions of this chapter shall be subject to a forfeiture as prescribed by § 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, suspended,
or not renewed by the Common Council 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, property maintenance
or zoning codes; in such case the license shall be revoked after the
second conviction thereof in any license year.
(3)
After one conviction by 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 a
substance 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.
(4)
If the licensee, operator or employer becomes ineligible to obtain
a license.
(5)
If an operator employs an employee who does not have a permit or
provides space on the premises, whether by lease or otherwise, to
an independent contractor who performs or works as an entertainer
without being registered with the City Clerk-Treasurer.
(6)
If any cost or fee required to be paid by this article is not paid.
(7)
If any intoxicating liquor or fermented malt beverage, narcotic or
controlled substance is served or consumed on the premises of the
adult-oriented establishment.
(8)
If any operator, employee or entertainer sells, furnishes, gives
or displays or causes to be sold, furnished, given or displayed to
any minor any material depicting specified sexual activities or specified
anatomical areas.
B.
Notice of hearing. No license shall be revoked, suspended, or not
renewed by the Common Council except upon due notice and hearing to
determine whether grounds for such action exist. Such hearing shall
be held before the Common Council. 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.
C.
Hearing. 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 if such is required, and the hearing shall
be stenographically recorded at the licensee's option and expense.
At the conclusion of such hearing, the Common Council shall prepare
findings of fact and conclusions as to what, if any, action the Common
Council will take with respect to the license. The Common Council
shall provide the complainant and licensee with a copy of the report.[1]
