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:
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. "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, of any one
or 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, 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.
ADULT ENTERTAINMENT
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:
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, 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;
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 Genesee, 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 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.
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 municipality.
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.
A public rest room to the extent it is used for its proper purpose;
B.
Individual rooms rented in an adult motel; or
C.
Areas to which patrons have no physical or visual access.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock 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, or 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
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; 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 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.