A.
License required for all adult-oriented establishments. From and after the effective date of this chapter, except as provided in Subsection C below, no adult-oriented establishment shall be operated or maintained in the Town without first obtaining a license to operate issued by the Town. A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person desiring to operate more than one adult-oriented establishment must have a license for each.
B.
License required for all employees of adult-oriented establishments.
In addition to the license required by the establishment, all employees
of an adult-oriented establishment must also be licensed.
C.
Licenses for existing adult-oriented establishments. All adult-oriented
establishments existing at the time of the passage of this chapter
must submit an application for a license within 90 days of the effective
date of this chapter. Any establishment that submits an application
within the ninety-day period shall be allowed to continue to operate
until the license application is acted upon by the Town Board. Any
establishment which fails to submit an application within the ninety-day
period must cease operation upon expiration of the ninety-day period
unless and until a valid license is timely issued by the Town Board.
The Town shall act upon any such license application in accordance
with the provisions of this chapter.
D.
Licenses for employees of existing adult-oriented establishments.
All employees already working in an adult-oriented establishment existing
at the time of the passage of this chapter must submit an application
for a license within 90 days of the effective date of this chapter.
Any employee that submits an application within the ninety-day period
shall be allowed to continue his or her employment until the license
application is acted upon by the Town Board. Any employee who fails
to submit an application within the ninety-day period must cease employment
upon expiration of the ninety-day period unless and until a valid
license is issued by the Town Board. The Town shall act upon any such
license application in accordance with the provisions of this chapter.
E.
Change of name form. Any licensed adult-oriented establishment which
desires to change its name from that as listed on the original license
application must file a change of name form with the Town Clerk and
pay a fee set by the Town Board at least 30 days prior to effectuating
the name change.[1]
F.
Effect of other licenses. The fact that a person possesses any other
valid license or permit required by law does not exempt that person
from the requirement of obtaining an adult-oriented establishment
license under this chapter.
G.
Nontransferability of licenses. No license or interest in a license
may be transferred to any person. Any change in location of an adult-oriented
establishment shall require a new license application for that location.
A.
Any person desiring to secure an adult-oriented establishment license
shall file an application together with two additional copies of the
application with the Town Clerk.
B.
The application shall be on a form provided by the Town Clerk.
C.
The following information shall be required of each applicant and
must be provided under oath or affirmation:
(1)
Name, including any aliases, address, and phone number.
(2)
If the applicant is a corporation, partnership, limited liability
corporation or limited liability partnership, the application shall
include the name of the business entity; the date of incorporation,
registration or organization; the state in which the entity was incorporated,
registered or organized; the name and address of the registered agent
where applicable; and the names and addresses of all officers and
directors, operating or managing partners or general partners, members
or managers, whichever is applicable for the particular form of business
entity.
(3)
If the applicant is an individual, written proof that the applicant
is at least 18 years of age and two copies of a recent photo.
(4)
If the applicant is a business entity, a statement that no officer,
director, partner, general partner, owner or manager is less than
18 years of age.
(5)
Name, address and phone number of the adult-oriented establishment
for which a license is being secured.
(6)
Name and address of any other current or past adult-oriented establishments
operated by the applicant, whether in this state or any other state
or district within the United States.
(7)
For any current adult-oriented establishment operated by the applicant,
the applicant shall describe the status of any required license for
the establishment.
(8)
Nature and date of offense if the applicant has charges pending or
has been convicted of violating any of the terms of this chapter.
(9)
Nature and date of offense if the applicant has charges pending or
has been convicted of any of the following crimes in Wisconsin. The
Wisconsin statute numbers listed below are for reference purposes
only. In the event that one or more of the crimes listed below are
renumbered or categorized differently by an act of the Legislature,
the applicant shall list those crimes for which the applicant has
been convicted that are similar in nature to those listed below.
|
§ 940.225
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Sexual assault
| |
|
§ 944.17
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Sexual gratification
| |
|
§ 944.20
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Lewd and lascivious behavior
| |
|
§ 944.21
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Obscene material or performance
| |
|
§ 944.30
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Prostitution
| |
|
§ 944.31
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Patronizing prostitutes
| |
|
§ 944.32
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Soliciting prostitutes
| |
|
§ 944.33
|
Pandering
| |
|
§ 944.34
|
Keeping place of prostitution
| |
|
§ 948.02
|
Sexual assault of a child
| |
|
§ 948.025
|
Engaging in repeated acts of sexual assault of the same child
| |
|
§ 948.05
|
Sexual exploitation of a child
| |
|
§ 948.055
|
Causing a child to view or listen to sexual activity
| |
|
§ 948.06
|
Incest with a child
| |
|
§ 948.07
|
Child enticement
| |
|
§ 948.08
|
Soliciting a child for prostitution
| |
|
§ 948.11
|
Exposing a child to harmful material or harmful descriptions
or narrations
| |
|
§ 948.12
|
Possession of child pornography
| |
|
§ 948.13
|
Child sex offender working with children
|
(10)
Nature and date of offense if the applicant has charges pending or has been convicted of an offense under a statute analogous to those listed in Subsection C(9) above in a state other than Wisconsin or under an analogous ordinance of another municipal entity.
(11)
Name, address and phone number of an individual who is responsible
for the day-to-day operation of the establishment, who will be deemed
the operator for purposes of this chapter, and who will be the contact
person for the municipality.
(12)
A statement that the applicant is familiar and in compliance
with the provisions of this chapter.
D.
When the applicant is a business entity, the information requested
of the applicant shall include the information required in this section
for each of the officers and directors, partners and general partners,
or other owners, and managers of the business entity applying for
the license. This provision shall not apply to any owner of any kind
who holds an ownership interest of less than 10%.
E.
Each application shall be accompanied by:
(1)
A building plan which meets all the requirements of this chapter
and the Waukesha County Zoning Code, if the Waukesha County Zoning
Code for the zoning district imposes any building plan requirements
in addition to those in this chapter. Each application shall be accompanied
by a sketch or diagram showing the floor plan of the interior of the
premises, including a statement of total floor space occupied by the
business. The sketch or diagram need not be professionally prepared
but must be drawn to a one-fourth-inch scale or drawn with marked
dimensions of the interior of the premises to an accuracy of plus
or minus six inches.
(2)
A written plan of operation which meets all the requirements of this
chapter and the Waukesha County Zoning Code, if the Waukesha County
Zoning Code for the zoning district imposes any plan of operation
requirements in addition to those in this chapter.
(3)
A written site plan which meets all the requirements of this chapter
and the Waukesha County Zoning Code, if the Waukesha County Zoning
Code for the zoning district imposes any site plan requirements in
addition to those in this chapter.
F.
Each application shall be signed by the applicant.
H.
The Town Clerk shall date the filing of the application on the face
of the application.
I.
Upon filing of the application, each applicant shall place a sign
at the proposed business location providing notification of the application.
Each sign shall be at least 24 inches by 36 inches in size. The sign
shall state "Adult-Oriented Establishment License Application Pending"
and "Application Filed On (fill in the date)." The letters on the
sign shall be no less than 1 1/2 inches high by two inches wide.
The sign must be placed in a conspicuous location so that it is clearly
visible to all passersby, whether on the public road, highway, sidewalk
or parking lot.
L.
The Building Inspector shall notify the Town Board in writing as
to whether or not the applicant's building plan, site plan, and
plan of operation comply with this chapter and the Zoning Code, if
the Zoning Code for the zoning district imposes any requirements in
addition to those in this chapter, within 20 business days of the
filing of the application.
M.
The Town Board shall, within 45 days of the filing of the application
with the Town Clerk, either grant the license or deny the application
after reviewing the application for compliance with the licensing
standards found in this chapter. If the Board fails to act upon the
license application within 45 days of the filing of the application
with the Clerk, then the license shall be deemed granted.
N.
If the license is granted by the Town Board, then the Town Clerk
shall issue the license on the next business day.
O.
If the Town Board decides to deny the application for a license,
the Board shall immediately notify the applicant in writing of the
reasons for denial. Such notice shall be sent to the applicant within
five days of the decision by certified mail, return receipt requested.
P.
Any applicant aggrieved by such a decision of the Town Board shall
be entitled to immediately appeal the Board's decision in Circuit
Court. Such an appeal must be made within 30 days of the date of the
written decision by the Board. The Town explicitly elects not to be
governed by Ch. 68, Wis. Stats., and to provide the review procedures
described in this chapter.
Q.
Each license issued for an adult-oriented establishment shall state
on its face the name of the licensee, the name of the establishment,
the street address of the establishment, the date of issue of the
license and its expiration date.
A.
Any individual desiring to secure an employee license shall file
an application together with two additional copies of the application
with the Town Clerk.
B.
The application shall be on a form provided by the Town Clerk.
C.
The following information shall be required of each applicant and
must be provided under oath or affirmation:
(1)
Name, including any aliases, and address. Pursuant to § 19.35(1)(am)2a,
Wis. Stats., the name and address of any entertainer shall be considered
as exempt from disclosure under the public records law of the State
of Wisconsin because of potential danger to the life and safety of
such individuals from such disclosure.
(2)
Written proof that the individual is at least 18 years of age and
two copies of a recent photo.
(3)
Nature and date of offense if the applicant has charges pending or
has been convicted of any violations of any of the terms of this chapter.
(4)
Nature and date of offense if the applicant has charges pending or
has been convicted of any of the following crimes in Wisconsin. The
Wisconsin statute numbers listed below are for reference purposes
only. In the event that one or more of the crimes listed below are
renumbered or categorized differently by an act of the Legislature,
the applicant shall list those crimes for which the applicant has
been convicted that are similar in nature to those listed below.
|
§ 940.225
|
Sexual assault
| |
|
§ 944.17
|
Sexual gratification
| |
|
§ 944.20
|
Lewd and lascivious behavior
| |
|
§ 944.21
|
Obscene material or performance
| |
|
§ 944.30
|
Prostitution
| |
|
§ 944.31
|
Patronizing prostitutes
| |
|
§ 944.32
|
Soliciting prostitutes
| |
|
§ 944.33
|
Pandering
| |
|
§ 944.34
|
Keeping place of prostitution
| |
|
§ 948.02
|
Sexual assault of a child
| |
|
§ 948.025
|
Engaging in repeated acts of sexual assault of the same child
| |
|
§ 948.05
|
Sexual exploitation of a child
| |
|
§ 948.055
|
Causing a child to view or listen to sexual activity
| |
|
§ 948.06
|
Incest with a child
| |
|
§ 948.07
|
Child enticement
| |
|
§ 948.08
|
Soliciting a child for prostitution
| |
|
§ 948.11
|
Exposing a child to harmful material or harmful descriptions
or narrations
| |
|
§ 948.12
|
Possession of child pornography
| |
|
§ 948.13
|
Child sex offender working with children
|
(5)
Nature and date of offense if the applicant has charges pending or has been convicted of an offense under a statute analogous to those listed in Subsection C(4) above in a state other than Wisconsin or under an analogous ordinance of another municipal entity.
(6)
A statement that the applicant is familiar with the provisions of
this chapter and is in compliance with them.
(7)
A list of other similar or analogous adult entertainer or employee
licenses issued by any other municipalities, the name and state of
the municipality and the status of the license.
D.
Each application shall be signed by the applicant.
F.
The Town Clerk shall date the filing of the application upon the
face of the application.
H.
The Waukesha County Sheriff's Department shall notify the Town Board
in writing of any information bearing on the applicant's qualifications
as required herein within 20 business days of the filing of the application.[3]
I.
The Town Board shall, within 45 days of the filing of the application
with the Town Clerk, either issue the license or deny the application
after reviewing the application for compliance with the licensing
standards found in this chapter. If the Board fails to act upon the
license application within 45 days of the filing of the application
with the Clerk, then the license shall be deemed granted.
J.
If the license is granted by the Town Board, then the Town Clerk
shall issue the license on the next business day.
K.
If the Town Board decides to deny the application for a license,
the Board shall notify the applicant in writing of the reasons for
denial. Such notice shall be sent to the applicant within five days
of the decision by certified mail, return receipt requested.
L.
Any applicant aggrieved by such a decision of the Town Board shall
be entitled to immediately appeal the Board's decision in Circuit
Court. Such an appeal must be made within 30 days of the receipt by
the applicant of the written decision of the Board. The Town explicitly
elects not to be governed by Ch. 68, Wis. Stats., and to provide the
review procedures described in this chapter.
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.
A.
Transfer of ownership or control of an adult-oriented establishment
shall result in automatic expiration of the existing license. Upon
transfer of ownership or control, the procedures for a new license
application must be followed. In order to ensure continuous operation,
such procedures may also be commenced by a new applicant prior to
the expiration of the prior license.
B.
Every license issued pursuant to this chapter will terminate upon the expiration of one year from the date of issuance unless sooner revoked. Any licensee desiring to renew an initial license shall make application to the Town Clerk. The application procedures governing new licenses shall be followed by an applicant for a renewal license except for those found in § 212-5I, M, N, O and P for adult-oriented establishment licenses and § 212-6I, J, K and L for employee licenses. The application fee for a renewal license for an adult-oriented establishment license and for an employee license shall be set by the Town Board.[1]
C.
Any licensee desiring to renew an initial license shall file the
application for renewal no later than 60 days before the license expires.
Any licensee who fails to apply for a renewal license at least 60
days before the license expires shall pay the same fee as if the licensee
were applying for an initial license.
D.
An existing license shall be allowed to continue until such time
as the Town Board acts upon the renewal license application. If the
Board fails to act upon the license application within 45 days of
the filing of the application with the Clerk, then the license shall
be deemed granted.
E.
The Town Board will not expedite the renewal procedure to ensure
that a license will not expire when the expiration of the license
is due to the licensee's untimely filing of a renewal application.
Upon expiration of a license under these circumstances, the licensee
is prohibited from operating or serving as an employee until the new
license is granted.
F.
A license may not be renewed if the Board, following the procedures
found in this chapter, finds that a violation of this chapter has
occurred or that the applicant is not qualified to hold the license.
G.
If the license is granted by the Town Board, then the Town Clerk
shall issue the license on the next business day.
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:
