Based upon the findings stated above, it is the intended purpose
of the Town to regulate adult-oriented establishments to promote the
health, safety, morals and general welfare of the citizens of the
Town and to establish reasonable and uniform regulations for the operation
thereof so as to minimize secondary effects of these establishments
on the community. The provisions of this chapter have neither the
purpose nor intent of imposing a limitation or restriction on the
content of any communicative materials, including adult-oriented materials
protected by the First Amendment to the Constitution of the United
States. Similarly, it is not the intent or effect of this chapter
to restrict or deny access by adults to adult-oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors
of adult-oriented entertainment to their intended market. The promotion
of obscene materials which is not protected by the First Amendment
is subject to criminal sanctions under the state's penal code.
As used in this chapter, the following terms have the meanings
indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin, slug, electronically or mechanically controlled or operated
still or motion-picture machines, projectors, computers 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 depicting or describing specified sexual activities
or specified anatomical areas.
ADULT BATHHOUSE
A commercial establishment which provides a bath as a service
and which provides to its patrons an opportunity for engaging in specified
sexual activities.
ADULT BODY PAINTING STUDIO
A commercial establishment wherein patrons are afforded an
opportunity to be painted or to paint images on specified anatomical
areas. An adult body painting studio does not include a tattoo parlor.
ADULT BOOKSTORE
Any commercial establishment having as its stock-in-trade
the sale, rental or lease, for any form of consideration, any one
of more of the following:
A.
Books, magazines, periodicals or other printed matter, photographs,
films, motion pictures, videocassettes, video reproductions, slides
or other visual representations which are distinguished or characterized
by their emphasis on specified sexual activities or specified anatomical
areas;
B.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities;
C.
Facilities for the presentation of adult entertainment as defined
herein, including adult-oriented films, motion pictures, videocassettes,
video reproductions, slides or other visual representations for observation
by patrons therein.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which features:
A.
Live performances which are characterized or distinguished by
the exposure of specified anatomical areas or the removal of articles
of clothing; or
B.
Films, motion pictures, videocassettes, video reproductions,
slides or other visual representations which are distinguished or
characterized by depicting or describing specified sexual activities
or specified anatomical areas.
ADULT ENTERTAINMENT
Any exhibition of any motion picture, live performance, display
or dance of any type which has as its dominant theme, or is distinguished
or characterized by, any one or more of the following:
A.
Specified sexual activities;
B.
Specified anatomical areas;
C.
Removal of articles of clothing.
ADULT MASSAGE PARLOR
A commercial establishment, with or without sleeping accommodations,
which provides the service of massage or body manipulation, including
exercise, heat and light treatment of the body, and any form or method
of physiotherapy, which also provides its patrons with the opportunity
to engage in specified sexual activities.
ADULT MOTEL
A hotel, motel or other similar commercial establishment
which:
A.
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, film,
motion pictures, videocassettes, video reproductions, slides or other
visual reproductions characterized by depicting or describing specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this type of adult entertainment; or
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 sublet the
room for a period of time that is less than 10 hours.
ADULT-ORIENTED ESTABLISHMENT
Includes an adult arcade, adult bathhouse, adult body painting
studio, adult bookstore, adult cabaret, adult massage parlor, adult
motel, adult theater, and any commercial establishment presenting
adult entertainment, whether or not such establishment is operated
or maintained for a profit.
ADULT THEATER
An enclosed building, such as a theater, concert hall, auditorium
or other similar commercial establishment, which is used for presenting
adult entertainment.
APPLICANT
The individual or business entity that seeks to secure a
license under this chapter.
BOARD
The Town Board for the Town of Oconomowoc, Waukesha County,
Wisconsin.
EMPLOYEE
Any and all persons, including, but not limited to, operators,
entertainers, clerks, managers, janitors or other persons who work
in or at, or render any services directly to, the day-to-day operation
of an adult-oriented establishment. "Employee," as used in this chapter,
specifically excludes independent contractors who are responsible
for the improvement or repair of the physical premises or who provide
supplies to the establishment, provided that these persons are not
also in the position of providing any other day-to-day services for
the adult-oriented establishment.
ENTERTAINER
Any person who provides entertainment within an adult-oriented
establishment, whether or not a fee is charged or accepted for the
entertainment and whether or not the entertainment is provided by
the person as an employee of the adult-oriented establishment or as
an independent contractor.
OPERATOR
The person who is designated on the license application to
be the person in charge of the daily operation of the premises and
who is to be the adult-oriented establishment's contact person
for the Town.
PERSON
An individual, proprietorship, corporation, association,
partnership, limited-liability entity or other legal entity.
PUBLIC AREA
Includes all areas of an adult-oriented establishment except
a public rest room to the extent it is used for its proper purpose,
individual rooms rented in an adult motel, or areas to which patrons
have no physical or visual access.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttocks or female breasts below a point immediately above
the top of the areola; or
B.
Human male genitals in a discernibly turgid state, even if opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following, simulated or actual:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts.
B.
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio, cunnilingus, anilingus.
C.
Showing of human genitals in a state of sexual stimulation or
arousal.
D.
Excretory functions during a live performance, display or dance
of any type.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT-ORIENTED ESTABLISHMENT
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 other means; and
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 the law upon the death of
the person possessing the ownership or control.
YOUTH FACILITY
Any facility where minors gather for educational or recreational
activities, including, but not limited to, playgrounds, swimming pools,
libraries, licensed child-care facilities or youth clubs.
If all the requirements for a license as stated in this regulation
are met, an adult-oriented establishment shall only be allowed to
locate in the zoning district(s) provided for by the Waukesha County
Zoning Code and shall not be allowed to locate in any other district.
All private and public schools as defined in Ch. 115, Wis. Stats.,
located within the Town are exempt from obtaining a license hereunder
when instructing pupils in sex education as part of their curriculum.