If all the requirements for a license as stated in this chapter
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.
A.
No adult-oriented establishment is permitted to operate between the
hours of 2:00 a.m. and 8:00 a.m. Further, no adult-oriented establishment
is permitted to operate between the hours of 8:00 a.m. and 12:00 midnight
on any Sunday or legal holiday as defined in § 995.20, Wis.
Stats.
B.
No operator or employee of an adult-oriented establishment shall
permit to be performed, offer to perform, perform or allow patrons
to perform any specified sexual activity in the establishment or on
the site. This provision does not apply to adult motels, to the extent
that such specified sexual activity is not prohibited by law.
C.
No operator or employee of an adult-oriented establishment shall
allow any minor to enter into, loiter around or to frequent an adult-oriented
establishment or to view adult entertainment.
D.
The operator shall maintain the premises in a clean and sanitary
manner at all times.
E.
The operator shall maintain at least 10 footcandles of illumination
in the public areas of the establishment, with the following exceptions:
(1)
In a booth, room, or cubicle, if a lesser level of illumination is
necessary to enable a patron to view the adult entertainment, but
at no time shall there be less than 0.01 footcandle of illumination
as measured 30 inches from the floor.
(2)
In an aisle adjacent to a booth, room, or cubicle, if a lesser amount
of illumination is necessary to allow the occupant to view the adult
entertainment, but at no time shall there be less than 1 1/2
footcandles of illumination as measured 30 inches from the floor.
(3)
Adult theaters must maintain five footcandles of illumination in
the auditorium during intermission and no less than 0.01 footcandle
during a picture.
F.
All employees, while engaged in the display or exposure of any specified
anatomical area, shall maintain a six-foot distance from any patron
or other employee.
G.
No rest room shall be designed, operated or maintained so that a
patron can view adult entertainment therein.
H.
No employee or patron in an adult cabaret shall be permitted to have
physical contact with any employee or patron on the premises.
I.
The selling, serving, possession, or consumption of alcohol beverages
is strictly prohibited at all times in all adult-oriented establishments.
J.
No employee or operator shall knowingly work in or about or knowingly
perform any service directly related to the operation of any unlicensed
adult-oriented establishment.
K.
All employees shall carry their license upon their person at all
times while working in the adult-oriented establishment and shall
produce said license upon demand for inspection by any law enforcement
authority. Entertainers are exempt from carrying their license upon
their person while providing entertainment but shall be readily able
to produce said license upon demand for inspection by any law enforcement
authority.
L.
The license for the adult-oriented establishment shall be displayed
in a conspicuous public place in the adult-oriented establishment.
M.
No employee, operator, or owner may refuse law enforcement officials
entry into an adult-oriented establishment for purposes of inspecting
the adult-oriented establishment for compliance with these operational
standards during business hours, or at other times at a reasonable
hour, with reasonable notice.
N.
The operator shall be responsible for compliance with the provisions
of this section by the adult-oriented establishment, its employees
and patrons.
O.
Every act or omission by any employee constituting a violation of
the provisions of this section 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 accountable for such act or omission in the same
manner as if operator committed the act or caused the omission.
P.
No operator or employee shall knowingly allow another to appear in
a state of nudity, unless the person is an employee of the operator's
establishment who, while in a state of partial or total nudity, is
on a stage (on which no customer or patron is present) at least 18
inches above the floor and such employee is either:
(1)
At
least six feet from any customer or patron; or
(2)
Physically
separated from patrons by a wall or partition composed of solid glass
or light-transmitting plastic or substantially equivalent material
extending from the floor of the performance stage to at least five
feet above the level of the performance stage, but such that there
are no openings in the wall or partition that would permit physical
contact between customers or patrons and such employee.
Q.
No employee, while in a state of partial or total nudity on the premises
of an adult-oriented establishment, shall receive directly any pay
or gratuity from any patron or customer and no patron or customer
shall pay or give any gratuity directly to any employee, while that
employee is in a state of partial or complete nudity in an adult-oriented
establishment. Such gratuity or pay may be provided to such employee
through a tip receptacle, located more than six feet from the nearest
point of the performance stage where such employee is in a state of
partial or complete nudity, or may be paid to an employee that is
not in a state of partial or complete nudity, as part of the customer's
bill.
R.
No employee of an adult-oriented establishment while on the premises
shall, while in a state of partial or complete nudity, touch a customer
or patron or the clothing of a customer or patron.
S.
No customer or patron of an adult-oriented establishment shall touch
an employee appearing in a state of partial or complete nudity or
touch the clothing of the employee while such employee is on the premises.
T.
Employees shall maintain a minimum distance requirement of five feet
from areas on the adult-oriented establishment's premises being occupied
by customers for a minimum of one hour after such employee appears
in a state of partial or complete nudity on the establishment's premises.
This regulation is not intended to prohibit ingress or egress from
the premises or the employee's use of a common rest room. It is, however,
intended to control illicit sexual contact and reduce the incidents
of prostitution occurring in any adult-oriented establishment. Regulating
a reasonable delay between the times entertainers appear in a state
of partial or complete nudity and their commingling with customers
is a narrowly tailored furtherance of this interest.
A.
External visibility. At no time should any adult entertainment inside
the premises be visible to any persons who are outside the premises.
B.
Booths.
(1)
Any
adult-oriented establishment having available for patrons any booth,
room or cubicle for the private viewing of adult entertainment 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 or cubicles and any nonpublic areas by a wall.
[2]
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.
[3]
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 booth.
[4]
Booths must be separated at least 12 inches from the exterior
walls of any other viewing booths by open space.
(c)
Visibility. The interior of the booth, room or cubicle shall
not be blocked or obscured by doors, curtains, partitions, drapes
or any other obstruction whatsoever.
(d)
Lighting. Lighting for a booth, room or cubicle shall comply with the provisions of § 212-13E of this chapter.
(e)
Occupants. Only one individual shall be permitted to occupy
a booth, room or cubicle at any time. No occupant of the booth, room
or cubicle shall be permitted to engage in any specified sexual activity,
cause any bodily discharge or litter while in the booth. No individual
shall be permitted to damage or deface any portion of the booth.
(2)
Exception.
This subsection does not apply to the individual rooms located in
adult motels.
C.
A two-inch-wide glow-in-the-dark line shall be prominently and continuously
displayed on the floor marking a distance of six feet from each unenclosed
stage on which an employee in a state of partial or total nudity may
appear. For purposes of this provision, an unenclosed stage is a stage
physically separated from customers or patrons by a solid, clear,
transparent, unbreakable glass or Plexiglas® wall with no openings
that would permit physical contact with customers or patrons.[1]
D.
A sign shall be continuously and conspicuously posted on the interior of the adult-oriented establishment at each entrance where customers or patrons enter the premises and adjacent to each stage that states, in letters at least two inches high: "Touching or tipping an employee who is in a state of nudity is a violation of Chapter 212 of the Code of the Town of Genesee, punishable by a forfeiture of up to $1,000. Patrons shall remain at least six feet from all unenclosed performance stages.[2]
