A.Â
The Town Board finds that adult-oriented establishments operating
in the Town require special licensing by the Town in order to protect
and preserve the health, safety, and welfare of the patrons of such
businesses as well as the citizens of the Town.
B.Â
Based on a review of studies conducted in Phoenix, Arizona, Garden
Grove, California, Los Angeles, California, Whittier, California,
Indianapolis, Indiana, Minneapolis, Minnesota, St. Paul, Minnesota,
Cleveland, Ohio, Oklahoma City, Oklahoma, Amarillo, Texas, Austin,
Texas, Beaumont, Texas, Houston, Texas, and Seattle, Washington, and
the findings incorporated in City of Renton v. Playtime Theaters,
Inc., 475 U.S. 41 (1986), and Coleman A. Young v. American Mini-Theaters,
Inc., 427 U.S. 50 (1976), the Town finds that adult-oriented establishments
are frequently used for sexual liaisons of a casual nature and unlawful
sexual activities, including prostitution.
C.Â
It has been documented that entertainers in adult-oriented establishments
offer to perform sexual acts for patrons and that sexual contact occurs
between patrons and other employees of adult-oriented establishments.
D.Â
There is convincing documented evidence that booths, rooms or cubicles
in adult-oriented establishments have been used by patrons for the
purpose of engaging in specified sexual activities or in high-risk
sexual behavior, and configuration of the interior of the premises
is an important factor in combating such activities.
E.Â
The State of Wisconsin Department of Health Services has published
reports that have been considered by the Town relating to the subject
of sexually transmitted diseases, and the concern over sexually transmitted
diseases is a legitimate concern of the Town in order to protect the
health and well-being of its citizens.[1]
F.Â
The State of Wisconsin has seen a steady increase in several types
of sexually transmitted diseases since 1986.
G.Â
Researchers have found that contracting sexually transmitted diseases
may increase a person's vulnerability to Human Immuno-Deficiency
Virus (HIV), the virus that causes AIDS (Acquired Immune Deficiency
Syndrome) and some types of cancer.
H.Â
AIDS is a sexually transmitted disease which destroys the body's
immune system.
I.Â
The State of Wisconsin Department of Health Services reports that
as of June 30, 1999, 4,217 cases of AIDS were reported in the state,
including 2,507 that resulted in death, and new cases of HIV infection
have been reported in Wisconsin each year.[2]
J.Â
The Town is concerned with the protection of its minors from exposure
to age-inappropriate, sexually explicit materials and offenses.
K.Â
Licensing is a legitimate and reasonable means of accountability
to ensure that the operators and employees of adult-oriented establishments
comply with reasonable regulations and to ensure that operators and
employees do not knowingly allow their establishments to be used as
places of illegal sexual activity or solicitation.
L.Â
Information relating to pending charges and convictions of the applicants
is desired to further the Town's interest in controlling the
secondary effects of adult-oriented establishments.
M.Â
There is convincing documented evidence that adult-oriented establishments
have a deleterious effect on both the existing businesses around them
and the surrounding residential areas adjacent to them, causing increased
crime and the downgrading of property values.
N.Â
The Town Board has reviewed studies of the secondary effects of adult-oriented
establishments and has concluded that, if unregulated, they present
an increased risk of prostitution, high-risk sexual behavior and crime,
deleterious effects upon existing businesses and surrounding residential
areas, and decreased property values.
O.Â
The Town Board desires to minimize and control these adverse effects
and thereby protect the health, safety, and welfare of the citizenry;
protect the citizens from increased crime; preserve the quality of
life; and preserve the property values and character of surrounding
neighborhoods.
P.Â
It is not the intent of this chapter to suppress any speech activities
protected by the First Amendment but to enact a content-neutral ordinance
which addresses the secondary effects of adult-oriented establishments.
Q.Â
It is not the intent of the Town Board to condone or legitimize the
promotion of obscene material, and the Town Board recognizes that
the law prohibits the promotion of obscene materials. The Town Board
expects and encourages law enforcement officials to enforce anti-obscenity
laws against any such illegal activities in the Town.
R.Â
Restricted hours of operation will allow law enforcement personnel
to concentrate on crime prevention during high crime hours and/or
low staffing hours by relieving them of enforcement duties relative
to prostitution, loitering, and criminal activity associated with
adult-oriented establishments.
S.Â
Prohibition of alcohol beverages on the premises will reduce the
need for law enforcement resources to respond to alcohol-related problems
upon the premises, will reduce high-risk sexual activity and will
contribute to the reduction of secondary effects of adult-oriented
establishments.
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 material which is not protected by the First Amendment is subject to criminal sanctions under the state's penal code. The Town Board further intends that this chapter shall be construed and enforced in a manner consistent with the First Amendment to the United States Constitution; Article I, Section 3, of the Wisconsin Constitution; and the compelling state interest in protection of the free flow of ideas.
The following terms have the meanings indicated:
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.
A commercial establishment which provides a bath as a service
and which provides to its patrons an opportunity for engaging in specified
sexual activities.
A commercial establishment wherein patrons are afforded an
opportunity to be painted or to paint images on specified anatomical
areas. "Adult body painting studio" does not include a tattoo parlor.
Any commercial establishment having as its stock-in-trade
the sale, rental or lease, for any form of consideration, of any one
or more of the following:
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.
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
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.
A nightclub, bar, restaurant, or similar commercial establishment
which features:
Live performances which are characterized or distinguished by
the exposure of specified anatomical areas or the removal of articles
of clothing; or
Films, motion pictures, video cassettes, video reproductions,
slides or other visual representations which are distinguished or
characterized by depicting or describing specified sexual activities
or specified anatomical areas.
Any exhibition of any motion picture, videocassette or recording,
photographic reproduction, closed-circuit transmission, cable/satellite
transmission, subscriber programming, or other physical medium that
allows an image to be displayed or transmitted and/or any 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:[1]
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.
A hotel, motel or other similar commercial establishment
which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
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;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to sublet the
room for a period of time that is less than 10 hours.
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.
An enclosed building such as a theater, concert hall, auditorium
or other similar commercial establishment which is used for presenting
adult entertainment.
The individual or business entity that seeks to secure a
license under this chapter.
The Town Board for the Town of Genesee, Waukesha County,
Wisconsin.
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 related 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.
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.
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 municipality.
An individual, proprietorship, corporation, association,
partnership, limited liability entity, or other legal entity.
Includes all areas of an adult-oriented establishment except:
Includes any of the following, simulated or actual:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio, cunnilingus, or anilingus.
Showing of human genitals in a state of sexual stimulation or
arousal.
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:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or other means; or
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.
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.
