The purpose of this article is to promote the health, safety, and general welfare of the Village of Richfield through the establishment of regulations concerning the licensing and operation of adult-oriented establishments. The Village Board intends that the enforcement of this article shall be used to combat and prevent the negative secondary effects associated with adult-oriented establishments such as, for example, personal property crimes, prostitution, lewd behavior, assault, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. The provisions of this article have neither the purpose nor effect of imposing a limitation or restricting the content of any speech or communicative materials, including sexually oriented materials and the regulations set forth herein shall never be used for harassment or censorship purposes against materials or performances having serious artistic, literary, political, educational or scientific value. The Village Board further intends that this article 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 terms used herein shall be defined as follows:
ADULT CABARET
An establishment which features topless dancers, strippers
or similar entertainers.
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 an emphasis on any actual or simulated
specified sexual activities, specified anatomical areas, the removal
of articles of clothing or partial or total nude appearance.
ADULT ENTERTAINMENT STORE
An establishment, including in its stock-in-trade for sale,
rent, lease, inspection or viewing, books, films, videocassettes or
recordings, novelties, magazines or other periodicals which have as
their dominant theme or are distinguished or characterized by their
emphasis on matters depicting, describing or relating to specified
sexual activities or specified anatomical areas.
ADULT MINI-THEATER
An enclosed building with a capacity of less than 50 persons,
used for presenting adult entertainment having as its dominant theme
or distinguished or characterized by an emphasis on matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons.
ADULT-ORIENTED ESTABLISHMENT
This term includes, but is not limited to, adult entertainment
stores, adult theaters, adult mini-theaters, adult cabarets, and any
premises to which public patrons or members are invited or admitted
and which are physically arranged so as to provide booths, cubicles,
rooms, compartments or stalls separate from the common areas of the
premises for the purposes of viewing adult entertainment, whether
or not such adult entertainment is held, conducted, operated or maintained
for commercial gain.
ADULT THEATER
An enclosed building with a capacity of 50 or more persons
used for presenting adult entertainment having as its dominant theme
or distinguished or characterized by an emphasis on matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons.
OPERATOR
Any person, partnership, corporation or other organization
operating, conducting, maintaining or owning any adult-oriented establishment.
SPECIFIED ANATOMICAL AREAS
A.
Showing of human genitals in a state of sexual stimulation or
arousal or simulated to be in a state of sexual arousal, even if completely
and opaquely covered; or
B.
Any of the following, or any combination of the following, when
less than completely and opaquely covered:
(1)
Any human genitals, pubic region, or pubic hair;
(3)
Any portion of the female breast or breasts that is situated
below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES
Simulated or actual:
A.
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus;
B.
Fondling or erotic touching of another's or one's
own human genitals, pubic region, perineum, buttocks, anus, or female
breasts; or
C.
Excretory functions as part of, or in connection with, any of the activities set forth in Subsections
A and
B above.
The provisions of this article 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 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 principal business is the offering of
wearing apparel for sale to customers and that does not exhibit merchandise
on 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
D 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; and
(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.
The Village Board shall issue an adult-oriented establishment
license if, upon recommendation by the Plan Commission, it finds that:
A. The required fee has been paid.
B. The application conforms in all respects to this article.
C. The location of the adult-oriented establishment is not within 1,000
feet of any church or synagogue building, school building or park
nor within 500 feet of any residential district.
D. The applicant has not knowingly made a material misstatement in the
application.
E. The applicant has supplied all the information required under §
143-8 above and the information requested by the Plan Commission regarding the investigation of his application.
F. The adult-oriented establishment, as proposed by the applicant, would comply with all applicable laws, including, but not limited to, Chapter
135 of this Code and the Washington County Zoning Ordinance, as amended from time-to-time.
G. The applicant has not 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.
H. The applicant, if an individual; any of the stockholders holding
5% or more of the stock or beneficial ownership of the corporation,
and any officers, agents or directors, if the applicant is a corporation;
any of the members of the company, and any officers, agents or managers
if the company is a limited liability company; or any of the partners,
including limited partners, if the applicant is a partnership, does
not, at the time of application, have pending any criminal charge
for or within five years prior to the date of application, has not
been convicted of any offense involving dishonesty, fraud, deceit,
robbery, the use or threatened use of force or violence upon the person
of another, or sexual immorality under Chs. 944 or 948, Wis. Stats.,
as amended, or the laws of another state similar in nature to said
Chs. 944 or 948, Wis. Stats., or other offense, subject to § 111.335,
Wis. Stats., as amended.
I. The applicant, if a corporation or a limited liability company, is
licensed to do business and is in good standing in the state.
J. All individual applicants; all stockholders holding 5% or more of
the stock or beneficial ownership, directors and officers if the applicant
is a corporation; all members if the applicant is a limited liability
company; and all partners, including limited partners, if the applicant
is a partnership, are at least 18 years of age.
The adult-oriented establishment license shall be displayed
in a conspicuous public place in the adult-oriented establishment.
Any corporation or limited liability company holding an adult-oriented
establishment license under this article shall report to the Village
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.
Upon the sale or transfer of any interest in an adult-oriented
establishment, the license shall be void. Any person desiring to continue
to operate an adult-oriented establishment following sale or transfer
shall apply for a license.
Any adult-oriented establishment having available for customers,
patrons or members any booth, room or cubicle for the private viewing
of any adult entertainment must comply with the following requirements:
A. 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. 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) Each booth shall have at least one side totally open to a lighted
public aisle so that there is an unobstructed view at all times of
anyone occupying the same.
(3) 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,
nonabsorbent, smooth textured and easily cleanable.
(4) The floor must be light colored, nonabsorbent, smooth textured and
easily cleanable.
(5) The lighting level of each booth, room or cubicle, when not in use,
shall be a minimum of ten footcandles at all times, as measured from
the floor.
C. Only one individual shall occupy a booth, room or cubicle at any
time. No occupant shall engage in any type of sexual activity.
D. 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 subsection, 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.
E. A sign shall be continuously and conspicuously posted on the interior of the adult-oriented establishments 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
143, Article
II, of the Village of Richfield Ordinances, punishable by a forfeiture of up to $1,000. Patrons shall remain at least six feet from all unenclosed performance stages."
Any person violating any provision of this article shall, upon
conviction, be subject to forfeiture of not less than $100 nor more
than $1,000. Each violation and each day a violation continues or
occurs shall constitute a separate offense. Nothing in this article
shall be deemed to prevent the Village from initiating or maintaining
any action authorized under the laws of the State of Wisconsin to
prevent, remove, or abate any violation of any provision of this article.