[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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:
An establishment which features topless dancers, strippers
or similar entertainers.
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.
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.
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.
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.
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.
Any person, partnership, corporation or other organization
operating, conducting, maintaining or owning any adult-oriented establishment.
Simulated or actual:
A.
No person may engage in, conduct or carry on the operation or maintenance
of an adult-oriented establishment without first obtaining a valid
adult-oriented establishment license issued under this article.
B.
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 adult-oriented establishment.
C.
Any adult-oriented establishment existing at the time of the passage
of this article must submit an application for a license within 60
days of the passage of this article.
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.
A.
Any person desiring to obtain an adult-oriented establishment license
shall pay the required fee as set by the Village Board from time to
time to defray the costs of administration and investigation of the
application.
B.
Any person desiring an adult-oriented establishment license shall
file a written application with the Village Clerk on a form provided
in the Village Clerk's office. The information provided to the
Village Clerk shall be given under oath.
(1)
Corporation. If the applicant is a corporation, the name of the corporation
shall be set forth exactly as set forth in its articles of incorporation
together with the date and state of incorporation and the names and
residence addresses of each of its officers, directors and each stockholder
holding 5% or more of the stock or beneficial ownership of the corporation.
The application shall also be verified by an officer of the corporation.
(2)
Partnership. If the applicant is a partnership, the application shall
set forth the name of the partnership and the name and residence address
of each of the partners, including limited partners, and be verified
by each partner. If one or more of the partners is a corporation or
limited liability company, the provisions of this article pertaining
to a corporate applicant shall apply to the corporate or limited liability
company partner.
(3)
Limited liability company. If the applicant is a limited liability
company, the application shall set forth the name of the company and
the name and residence address of each of the members, and be verified
by each member. If one or more of the members is a corporation, the
provisions of this article pertaining to a corporate applicant shall
apply to the corporate partner.
(4)
Others. If the applicant is neither a corporation nor a partnership,
the application shall set forth the true full name and residence address
of the applicant and be verified by the applicant. The application
shall also include any other name by which the applicant has been
known during the previous five years.
C.
The application also shall set forth the proposed place of business
of the adult-oriented establishment by business address, including
suite number, and not by post office box and shall contain a description
of the nature and scope of the proposed business operation. In addition,
the following information shall be furnished concerning the applicant
if an individual; each officer and director and all stockholders who
own 5% or more of the stock or beneficial ownership if the applicant
is a corporation; each member if the applicant is a limited liability
company; and each partner, including limited partners, if the applicant
is a partnership:
(1)
The previous residence address, if any, for a period of three years
immediately prior to the date of application and the dates of such
residence.
(2)
Written proof that the individual is at least 18 years of age.
(3)
A complete set of fingerprints.
(4)
The business, occupation or employment history for the three years
immediately preceding the date of application, including, but not
limited to, whether such person previously operated under any permit
or license in another municipality in this or another state and whether
any such permit or license had ever been suspended or revoked.
(5)
All convictions in any state or federal court within the five years
immediately preceding the date of application, including municipal
ordinance violations, exclusive of traffic violations, with a brief
statement of the nature of the convictions and the jurisdiction in
which the convictions occurred.
(6)
All pending criminal charges in any state or federal court, with
a brief statement of the nature of the pending charges and the jurisdiction
in which the charges are pending.
(7)
All pending actions or proceedings wherein a violation of an administrative
regulation or municipal ordinance is asserted, the nature of the alleged
violation, and the jurisdiction in which the proceedings are pending.
(8)
The names of persons who will have custody of the business records
at the business location.
(9)
The name and address of the person who will be the agent for service
of process.
(10)
Such other information relating to the application as may be
required by the Plan Commission to determine compliance with this
article.
D.
The application shall include the proposed hours of operation and
a detailed floor plan.
E.
The Village Clerk or designee shall notify the Chief of the Fire
Department and the Building Inspector of any adult-oriented establishment
license application and these officials shall inspect or cause to
be inspected each such application and the premises to determine whether
the applicant and the premises sought to be licensed comply with the
regulations, ordinances and laws applicable thereto. These officials
shall furnish to the Plan Commission, in writing, the information
derived from such investigation and a statement as to whether the
applicant and the premises meet the requirements of the department
for whom the officer is certifying within five business days of receipt
of notice from the Village Clerk. Upon receiving the information from
said officials, the Plan Commission shall, within 10 days, file its
written recommendation with the Village Board.
F.
Upon receiving a recommendation of the Plan Commission, within 30
days of receiving an application for license, the Village Board shall
grant, with conditions, or deny a license to the applicant. The Village
Clerk or designee shall notify the applicant whether the application
is granted or denied.
G.
Whenever an application is denied, the Village Clerk shall advise
the applicant, in writing, of the reasons for such action. If the
applicant requests a hearing within 10 days of receipt of notification
of denial, a public hearing shall be held within 30 days thereafter
before the Village Board.
H.
Failure or refusal of the applicant to give any information relevant
to the application, failure or refusal to appear at any reasonable
time and place for examination under oath regarding said application
or refusal to submit to or cooperate with regard to any information
required by this article shall constitute an admission by the applicant
that he is ineligible for such license and shall be grounds for denial.
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:
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.
A.
Any act or omission of any employee constituting a violation of the
provisions of this article shall be deemed the act or omission of
the operator for purposes of determining whether the operator's
license shall be revoked, suspended or renewed.
B.
No employee of an adult-oriented establishment shall allow any minor
to loiter around or to frequent an adult-oriented establishment or
allow any minor to view adult entertainment.
C.
The operator shall maintain the adult-oriented establishment in a
clean and sanitary manner at all times.
D.
The operator shall maintain at least ten footcandles of light in
the public portions of the adult-oriented establishment, including
aisles, at all times. However, if a lesser level of illumination in
the aisles shall be necessary to enable a patron to view the adult
entertainment in a booth, room or cubicle adjoining an aisle, a lesser
amount of illumination may be maintained in such aisles; provided,
however, at no time shall there be less than one footcandle of illumination
in said aisles as measured from the floor.
E.
No alcohol beverage may be served or permitted on the premises.
F.
No sexual activity of any kind shall be permitted on the premises.
G.
The operator shall insure compliance of the adult-oriented establishment
and its patrons with the provisions of this article.
H.
No person licensed as an adult-oriented establishment may, in any
manner, advertise its establishment as licensed by the Village.
I.
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.
J.
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.
K.
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.
L.
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.
M.
Employees shall maintain a minimum distance 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.
N.
No adult-oriented establishment shall be open between the hours of
2:00 a.m. and 8:00 a.m. on weekdays or between the hours of 3:00 a.m.
to 12:00 noon on Sundays.
O.
All adult-oriented establishments shall be open to inspection at
all reasonable times by law enforcement personnel and the Building
Inspector.
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."
A.
Every license issued pursuant to this article will terminate at the expiration of one year from date of issuance unless sooner revoked and must be renewed before operation is allowed in the following year. All applications for the renewal of adult-oriented establishment licenses issued by the Village shall be filed with the Village Clerk's office on forms to be provided by the Village Clerk no later than 60 days prior to the expiration of the licenses. The renewal application shall contain such information and data, given under oath or affirmation, as is required for an application for a new license. Applications to renew licenses shall be processed by the Village in the same fashion as new applications. No license shall be renewed without a reinspection of the premises as required under § 143-8E above.
B.
A license renewal fee as set by the Village Board from time to time
shall be submitted with the renewal application. In addition to the
renewal fee, a late penalty as set by the Village Board from time
to time shall be assessed against any applicant who files for renewal
less than 60 days before the license expires. If the application is
denied, one-half of the total fees collected shall be returned.
A.
Any adult-oriented establishment license may be suspended for not
more than 90 days or revoked by the Village Board for any of the following
reasons:
(1)
Any of the grounds that would warrant the denial of the original
application for the license.
(2)
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application.
(3)
The operator or any employee of the operator violates any provision
of this article or any rules or regulations adopted by the Village
Board pursuant to this article; provided, however, that in the case
of a first offense by an operator where the conduct was solely that
of an employee, the penalty shall not exceed a suspension of 30 days
if the Board shall find that the operator had no actual or constructive
knowledge of such violation and could not, by the exercise of due
diligence, have had such actual or constructive knowledge.
(4)
The operator becomes ineligible to obtain a license or permit.
(5)
Any cost or fee required to be paid by this article is not paid.
(6)
Any intoxicating liquor or fermented malt beverage is served or consumed
on the premises of the adult-oriented establishment.
(7)
The establishment is operated outside of operation hours established
by this article.
(8)
There is any substantial change in the floor plan approved by the
Village Board without the approval of the Board.
B.
An adult-oriented establishment license may be suspended or revoked
after notice and a hearing before the Village Board to determine if
grounds for such suspension or revocation exist. Notice of the hearing
shall be in writing and may be served by certified mail addressed
to the licensee at the current address of the licensee on file with
the Village Clerk's office not less than 10 days before the date
of the scheduled hearing. The notice shall state the grounds of the
complaint against the licensee and shall designate the date, time
and place where the hearing will be held.
C.
Any operator whose license is revoked shall not be eligible to receive
a license for one year from the date of revocation. No location or
premises for which a license has been issued shall be used as an adult-oriented
establishment for six months from the date of revocation of the license.
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.
