Following the granting of a license, any licensee who wishes
to alter any aspect of the licensed premises which was required to
be described in the building plan, site plan or plan of operations
required under this chapter shall be required to apply for a new license.
The Town Board shall grant an initial license to an applicant
unless it finds one or more of the following to be true:
A. The applicant is less than 18 years of age.
B. The applicant has charges pending or has been convicted of violating
a provision of this chapter or an analogous ordinance of another municipality
within the five years immediately preceding the date of application.
C. Charges pending or conviction.
(1) The applicant has charges pending or has been convicted of a crime specified in §
212-5C(9) or
212-6C(4) and, if convicted, for which:
(a) Less than two years have elapsed since the date of conviction or
the date of release from confinement imposed for the conviction, whichever
is the later date, if the conviction is a misdemeanor offense.
(b) Less than five years have elapsed since the date of conviction or
the date of release from confinement imposed for the conviction, whichever
is the later date, if the conviction is a felony offense.
(c) Less than five years have elapsed since the date of conviction or
the date of release from confinement imposed for the conviction, whichever
is the later date, if the convictions are for two or more misdemeanor
offenses, or combination of misdemeanor offenses, occurring within
any twenty-four-month period.
(2) The fact that an appeal has been taken from any of the above-mentioned
convictions shall have no effect.
D. The applicant provides false information on the application.
E. The applicant fails to provide information, to post the required
notice, or to pay any fee required by this chapter.
F. The adult-oriented establishment does not submit plans which meet the requirements of §
212-5E.
G. The application does not conform in all respects to this chapter.
H. The location of the adult-oriented establishment is within 1,000
feet of any church or synagogue building, school building or park
or within 500 feet of any residential district.
I. The applicant has had an adult-oriented establishment license or
permit or other similar license or permit revoked or suspended in
this state or any other state within three years prior to the date
of application.
J. The applicant, if a corporation or a limited liability company, is
not licensed to do business or is not in good standing in the state.
The provisions of this chapter relating to the licensing of
adult-oriented establishments shall not apply to:
A. A business
operated by or employing a licensed psychologist, licensed physical
therapist, licensed masseuse, licensed vocational nurse, registered
nurse, licensed athletic trainer, licensed cosmetologist, or licensed
barber, provided that such business and the licensed individual are
solely engaged in performing the normal and customary functions authorized
under the license held;
B. A business
operated by or employing a licensed physician or licensed chiropractor
while engaged in practicing the healing arts;
C. A retail
establishment whose primary business is the offering of wearing apparel
for sale to customers and that does not exhibit merchandise on a live
model(s); or
D. An activity
sponsored by a school licensed by the State of Wisconsin or a college,
junior college or university supported entirely or partly by taxation
or a private college or university that maintains or operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation. Any activity
conducted or sponsored by an entity identified in this subsection
must meet all of the following requirements:
(1) The
activity must be situated in a structure that has no sign or other
advertising visible from the exterior of the structure indicating
a nude person is available for viewing;
(2) In
order to participate in a class, a student must enroll at least three
days in advance of the class; and
(3) No
more than one nude model is on the premises at any one time.
Any corporation or limited liability company holding an adult-oriented
establishment license under this chapter shall report to the Clerk,
in writing, within 15 days of the event described herein, any of the
following:
A. Any change
of officers of the corporation or any change in the manager(s) or
officers of the limited liability company.
B. Any change
in the membership of the board of directors of the corporation or
any change in the membership of the limited liability company.