[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds 10-12-2005 by Ord. No. A-181 (Ch. 27 of the 2001
Village Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 385.
A.
Purpose. The propose of this chapter is to regulate sexually oriented
businesses in order to promote the health, safety, morals and general
welfare of the citizens of the Village of Blue Mounds. The Village
Board recognizes that it lacks authority to regulate obscenity in
light of § 66.0107(3), Wis. Stats., and does not intend
by adopting this chapter to regulate obscenity. Further, the provisions
of this chapter are not intended to and do not have the purpose or
effect of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials. Similarly,
it is not the intent or effect of this chapter to restrict or deny
access by adults to sexually oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of
sexually oriented entertainment to their intended market. Additionally,
it is not the intent of this chapter to suppress or censor any expressive
activities protected by the First Amendment of the United States Constitution
or Article I, § 3 of the Wisconsin Constitution, but rather
to enact time, place and manner regulations which address the compelling
interests of the Village of Blue Mounds in mitigating and combating
the secondary effects of sexually oriented businesses.
B.
Findings. Based on evidence concerning the adverse secondary effects
of sexually oriented businesses on the community in reports made available
to the Board, and on findings incorporated in the cases of Erie v.
Pap's A.M, 529 U.S. 277 (2000), Barnes v. Glen Theatre, Inc.,
501 U.S. 560 (1991), City of Renton v. Playtime Theaters, Inc., 475
U.S. 41 (1986), City of Newport v. Iacobucci, 479 U.S. 92 (1986),
New York State Liquor Authority v. Bellanca, 452 U.S. 714 (1981),
Young v. American Mini Theatres, 427 U.S. 50 (1976), G.M. Enterprises,
Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003), Ben's
Bar v. Village of Somerset, 316 F.3d 702 (7th Cir., 2003), Schultz
v. City of Cumberland, 228 F.3d 831 (7th Cir. 2000), DLS, Inc. v.
City of Chattanooga, 107 F. 3d 403 (6th Cir. 1997), Kev, Inc. v. Kitsap
County, 793 F.2d 1053 (9th Cir. 1986), Hang On, Inc. v. City of Arlington,
65F.3d 11248 (5th Cir. 1995); East of the River Enterprises II v.
City of Hudson, 2000 Wis. App. Lexis 734 (Ct. App. Aug. 1, 2000);
East of the River Enterprises II v. City of Hudson, 2000 WI App 116;
Urmanski v. Town of Bradley, 2000 WI App 141 (2000) and on studies
in other communities including, but not limited to, Phoenix, Arizona;
Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo,
Texas; Garden Grove, California; Los Angeles, California; Whittier,
California; Austin, Texas, Seattle, Washington; Oklahoma City, Oklahoma;
Cleveland, Ohio; St. Croix County, Wisconsin; and Beaumont, Texas,
which evidence the Board reasonably believes is relevant to the potential
problems caused by the adverse secondary effects of sexually oriented
businesses, the Board finds:
(1)
Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by operators
of the establishments.
(2)
Studies in communities across the United States such as St. Paul,
Minnesota; Indianapolis, Indiana; Austin, Texas; and Phoenix, Arizona,
have documented that the secondary effects of adult-oriented establishments
affect property values, contribute to physical deterioration and blight,
have a deleterious effect on both the existing businesses around them
and surrounding residential areas, including increased transiency,
increased levels of criminal activities including prostitution, rape,
assaults and other sex-related crimes.
(3)
It has been the experience of other municipalities, including Seattle
and Renton, Washington; and Detroit, Michigan, that adult-oriented
establishments can contribute to the impairment of the character and
quality of surrounding residential neighborhoods and contribute to
a decline in the value of surrounding properties.
(4)
Certain employees of sexually oriented businesses, defined in this
chapter as adult theaters and cabarets, engage in higher incidence
of certain types of illicit sexual behavior than employees of other
establishments.
(5)
Sexual acts, including masturbation, and oral and anal sex, occur
at sexually oriented businesses, especially those which provide private
or semi-private booths or cubicles for viewing films, videos, or live
sex shows.
(6)
Offering and providing such space encourages such activities, which
creates unhealthy conditions.
(7)
Persons frequent certain adult theaters, adult arcades, and other
sexually oriented businesses for the purpose of engaging in sex within
the premises of such sexually oriented businesses.
(8)
At least 50 communicable diseases may be spread by activities occurring
in sexually oriented businesses, including, but not limited to, syphilis,
gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital
herpes, hepatitis B, and trichomoniasis.
(9)
Since 1981 and to the present, there has been an increasing cumulative
number of reported cases of AIDS caused by the human immunodeficiency
virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600
in 1984, 8,555 in 1985 and 253,448 in 1992, and 902,223 through 2003.
HIV/AIDS Surveillance Report, United States Health and Human Services
Department, Center for Disease Control, 2003. Center for Disease Control
AIDS Surveillance - General Epidemiology 2003.
(10)
As of 2004, there have been 5,690 reported cases of AIDS and
8,743 reported cases of HIV infection in the State of Wisconsin. The
Epidemic Of HIV Infection In Wisconsin: Overview Of Case Surveillance
Data Collected Through 2004, Wisconsin Division of Public Health.
(11)
Since 1981 and to the present, there has been an increasing
cumulative number of persons testing positive for the HIV antibody
test in the State of Wisconsin.
(12)
In the United States, each year 3,000,000 people are infected
with chlamydia, 650,000 with gonorrhea, 70,000 with syphilis, 1,000,000
with herpes, 5,500,000 with human papillomavirus, 120,000 with hepatitis
B, and 5,000,000 with trichomoniasis. Overall, the CDC estimates there
are 15,000,000 new cases of sexually transmitted diseases each year.
Tracking the Hidden Epidemics: Trends in STDs in the United States,
United States Health and Human Services Department, Center for Disease
Control, 2000.
(13)
The surgeon general of the United States in his report of October
22, 1986, has advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug abuse,
exposure to infected blood and blood components, and from an infected
mother to her newborn.
(14)
According to the best scientific evidence, AIDS and HIV infection,
as well as syphilis and gonorrhea, are principally transmitted by
sexual acts.
(15)
Sanitary conditions in some sexually oriented businesses are
unhealthy, in part, because the activities conducted there are unhealthy,
and, in part; because of the unregulated nature of the activities
and the failure of the owners and the operators of the facilities
to self-regulate those activities and maintain those facilities.
(16)
Numerous studies and reports have determined that semen is found
in the areas of sexually oriented businesses where persons view adult-oriented
films.
(17)
The consumption of alcoholic beverages on the premises of sexually
oriented businesses is an explosive combination, one that can beget
undesirable behavior and exacerbate the adverse secondary effects
of such businesses on the community.
(19)
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect these substantial
governmental concerns.
(20)
Licensing is a legitimate and reasonable means of accountability
to ensure that operators of sexually orientated businesses comply
with reasonable regulations and to ensure that operators do not knowingly
allow their establishments to be used for or to foster illegal activity.
Further, such a licensing procedure will place a previously nonexistent
incentive on operators to see that the sexually oriented businesses
is run in a manner consistent with the health, safety and welfare
of its patrons, its employees, as well as the public. It is appropriate
to require reasonable assurances that the licensee is the actual operator
of the sexually oriented businesses, fully in possession and control
of the premises and activities occurring therein.
(21)
Requiring licensees of sexually oriented businesses to keep
information regarding current employees and certain past employees
will help reduce the incidence of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects
and by preventing minors from working in such establishments.
(22)
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented businesses, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases.
(23)
It is necessary to license entertainers in the adult entertainment
industry to prevent the exploitation of minors, to ensure that each
such entertainer is an adult and to ensure that such entertainers
have not assumed a false name, which would make regulation of the
entertainer difficult or impossible.
(24)
It is desirable in the prevention of the spread of communicable
diseases to obtain a limited amount of information regarding certain
employees who may engage in the conduct which this chapter is designed
to prevent or who are likely to be witnesses to such activity.
(25)
Proximity between entertainers and patrons during adult entertainment
performances can facilitate sexual contact, prostitution and related
crimes.
(26)
Removal of doors on adult booths and requiring sufficient lighting
on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters.
(27)
The license fees required in this chapter are necessary as nominal
fees imposed as necessary regulatory measures designed to help defray
the substantial expenses incurred by the Village of Blue Mounds in
regulating sexually oriented businesses.
(28)
The general welfare, health, morals and safety of the citizens
of the Village of Blue Mounds will be promoted by the enactment of
this chapter.
(29)
Pursuant to § 111.335, Wis. Stats., the Village Boards
finds that the following felonies, misdemeanors, and offenses constitute
charges or convictions, the circumstances of which substantially relate
to the licensing of adult-oriented establishments, including offenses
under Wisconsin Statutes, Chapter 944 (Crimes Against Sexual Morality),
Chapter 975 (Sex Crimes Law), Chapter 980 (Sexually Violent Persons)
and §§ 940.22 (Sexual exploitation by therapist), 940.225
(Sexual assault), 948.02 (Sexual assault of a child), 948.025 (Repeated
acts of sexual assault of a child), 948.05 (Sexual exploitation of
a child), 948.055 (Causing child to view or listen to sexual activity),
948.06 (Incest), 948.07 (Child enticement), 948.08 (Soliciting child
for prostitution), 948.09 (Sex with child age 16 or older), 948.095
(Sexual assault of a student), 948.10 (Exposing to child), 948.11
(Exposing a child to harmful material) and 948.12 (Possession of child
pornography);
As used in this chapter, the following terms shall have the
meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or
electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, video or laser disc players,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which has a significant or substantial
portion of its stock-in-trade or a significant or substantial portion
of its revenues or devotes a significant or substantial portion of
its interior business or advertising to the sale or rental for any
form of consideration of any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; or
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
proposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as "adult bookstore," "adult novelty
store," or "adult video store." Such other business purposes will
not serve to exempt such commercial establishments from being categorized
as an "adult bookstore," "adult novelty store," or "adult video store"
so long as one of its principal business proposes is the offering
for sale or rental for consideration the specified materials which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
Video stores that sell and/or rent only videotapes or other
photographic or computer-generated reproductions, and associated equipment
shall come within this definition if 20% or more if its stock-in-trade
or revenues comes from the rental or sale of video tapes or other
photographic reproductions or associated equipment which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment
at which, on 15 or more days in any twelve-month period:
Persons appear in a state of nudity or seminude;
Live performances occur which are characterized by the exposure
of specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions are shown which are characterized by the depiction or
description of specified sexual activities or specified anatomical
areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
and, provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; and,
has a sign visible from the public right-of-way which advertises the
availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to sub rent the
room for a period of time that is less than 10 hours.
An enclosed commercial establishment with a capacity of less
than 50 persons used for presenting materials 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 therein.
An enclosed commercial establishment with a capacity of 50
or more persons where, for any form of consideration, films, motion
pictures, videocassettes, slides, or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
Such enclosures as are specifically offered to the public
or members of a sexually oriented business for hire or for a fee as
part of a business operated on the premises which offers as part of
its business the entertainment to be viewed within the enclosure;
which shall include, without limitation, such enclosures wherein the
entertainment is dispensed for a fee, but a fee is not charged for
mere access to the enclosure. However, "booth," "room" or "cubicle"
does not mean such enclosures that are private offices used by the
owners, managers or persons employed on the premises for attending
to the tasks of their employment, which enclosures are not held out
to the public or members of the establishment for hire or for a fee
or for the purpose of viewing entertainment for a fee, are not open
to any persons other than employees; nor shall this definition apply
to hotels, motels, or other similar establishments licensed by the
State of Wisconsin pursuant to Chapter 50, Wis. Stats.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent or otherwise, and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. "Employee"
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment on the premises, or for the
delivery of goods to the premises.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; or in the case of an employee, a
person in whose name a license has been issued authorizing employment
in a sexually oriented business.
The showing of the human male or female genitals, pubic area,
vulva, or anus with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of the
entire nipple and areola, or the showing of the covered male genitals
in a discernibly turgid state.
An individual, proprietorship, partnership, limited partnership,
corporation, association, LLC, LLP, or other legal entity.
A person who knowingly or intentionally, in a public place:
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. "Public places"
include, but are not limited to: streets, sidewalks, parks, beaches,
business and commercial establishments (whether for-profit or not-for-profit,
and whether open to the public at large or where entrance is limited
by a cover charge or membership requirement), bottle clubs, hotels,
motels, restaurants, night clubs, country clubs, cabarets and meeting
facilities utilized by religious, social, fraternal or similar organizations.
Premises used solely as a private resident, whether permanent or temporary
in nature, shall not be deemed to be a "public place." "Public place"
shall not include enclosed single sex public rest rooms, enclosed
single-sex functional showers, locker and/or dressing room facilities,
enclosed motel rooms and hotel rooms designed and intended for sleeping
accommodations, doctors' offices, medical facilities, nursing
homes, community-based residential facilities, portions of hospitals
and similar places in which nudity or exposure is necessarily and
customarily expected outside of the home and the sphere of privacy
constitutionally protected therein.
The showing of the female breast below a horizontal line
across the top of the areola at its highest point. This definition
shall include the entire lower portion of the human female breast,
but shall not include any portion of the cleavage of the human female
breast, exhibited by a dress, blouse, skirt, leotard, bathing suit,
or other wearing apparel, provided the areola is not exposed in whole
or in part.
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion picture theater,
adult mini-motion picture theater or escort agency.
Any of the following:
The increase in floor areas occupied by the business by more
than 25%, as the floor area exists on the date this chapter takes
effect.
Includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities stocks, partnership interests, or
membership units which constitute a controlling interest in the business,
whether by sale, exchange, or similar means; or
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
All sexually oriented businesses are subject to the regulations
in this chapter, and are classified as follows:
A.
It is unlawful:
(1)
For any person to operate a sexually oriented business without a
valid sexually oriented business license issued by the Village of
Blue Mounds pursuant to this chapter.
(2)
For any person who operates a sexually oriented business to permit
a person to be employed, work for or perform in the sexually oriented
business who is not licensed as a sexually oriented business employee
by the Village of Blue Mounds pursuant to this chapter.
(3)
For any person who is required under this chapter to have a sexually
oriented business employee license to be employed, to work for or
to perform in a sexually oriented business without having secured
a sexually oriented business employee license pursuant to this chapter.
(4)
For any person to substantially enlarge a sexually oriented business
without a valid sexually oriented business license issued by the Village
of Blue Mounds pursuant to this chapter.
B.
A license may be issued only for sexually oriented business located
at a fixed and certain place. Any person who desires to operate more
than one sexually oriented business must have a license for each.
C.
A licensee shall not transfer his/her license to another person,
including by way of transfer of ownership or control of a sexually
oriented business; nor shall a licensee operate a sexually oriented
business under the authority of a license at any place other than
the address designated in the application. A person who has not been
licensed under this chapter shall not use the license of a licensee
and no licensee may allow an unlicensed person to use the licensee's
license.
D.
All businesses that are sexually oriented businesses existing at
the time of the passage of this section must submit an application
for a license within 45 days of the passage of this section.
A.
This chapter shall not be construed to restrict or prohibit the following
activities, nor shall any license be required under this chapter for
the following activities:
B.
The provisions of this chapter are not intended to and do not prohibit
the simulation of sex acts which are part of nonobscene expression.
C.
Whether or not an activity is obscene shall be judged by consideration
of the following factors:
(1)
Whether the average person, applying contemporary community standards,
would find that the activity taken as a whole appeals to the prurient
interest in sex;
(2)
Whether the activity depicts or describes sexual conduct in a patently
offensive way, as measured against community standards; and
(3)
Whether the activity taken as a whole lacks serious literary, artistic,
political or scientific value.
A.
An application for a license under this chapter must be made on a
form provided by the Village of Blue Mounds.
B.
All applicants must be qualified according to the provisions of this
section. The application may request and the applicant shall provide
such information necessary to enable the Village of Blue Mounds to
determine whether the applicant meets the qualifications established
in this section.
C.
If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual or person who has a 20% or greater interest in the business must sign the application for a license as applicant; in addition, there must be at least one individual (nonbusiness entity) who has an ownership interest in the business who must sign the application as an applicant. Each applicant must be qualified under the § 289-7.
D.
The completed application for a sexually oriented business license
shall contain the following information and shall be accompanied by
the following documents:
(1)
If the applicant is:
(a)
An individual, the individual shall state his/her legal name
and any aliases and submit proof that he/she is at least 18 years
of age;
(b)
A partnership, the partnership shall state its complete name,
the names of all partners and/or limited partners, whether the partnership
is general or limited, and a copy of the partnership agreement, if
any;
(c)
A corporation, LLC, LLP, association or other legal entity,
its complete name, its d/b/a, if applicable, the date of its incorporation,
formation or organization, evidence that the entity is in good standing
under the laws of its state of incorporation, formation or organization,
the names and capacity of all officers, directors, principal stockholders,
shareholders, unit holders, members, managers, and the name of the
registered agent and the address of the registered office for service
of process.
(2)
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, applicant must state
the sexually oriented business's fictitious name and submit the
required registration documents.
(3)
The classification of sexually oriented business license for which
the applicant is filing.
(4)
The location of the proposed sexually oriented business, including
a legal description of the property to be licensed, street address,
and telephone number(s), if any.
(5)
The applicant's mailing address.
(6)
A sketch or diagram showing the configuration of the premises, including
a statement of total floor space occupied by the business. The sketch
or diagram need not be professionally prepared, but it must be drawn
to a designated scale or drawn with marked dimensions of the interior
of the premises to an accuracy of plus or minus six inches.
(7)
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in § 289-11.
(8)
If an applicant is an adult cabaret, then the applicant shall comply with the application requirements set forth in § 289-9.
(9)
Before any applicant may be issued a sexually oriented business employee
license, the applicant shall submit on a form to be provided by the
Village of Blue Mounds the following information:
A.
All applications shall be filed with the Village of Blue Mounds Clerk/Treasurer.
Upon the filing of a complete application for a sexually oriented
business employee license, the Village of Blue Mounds Clerk/Treasurer shall issue a temporary
license to the employee-applicant. All complete applications shall
be referred to the appropriate Village of Blue Mounds officials for
an investigation to be made on such information as is contained on
the application.
B.
The Village of Blue Mounds police, fire and building officials shall
complete their certification that the person, individual and/or premises
is in compliance or not in compliance with all applicable statutes
and ordinances within 20 days of receipt of the completed application
by the Village of Blue Mounds.
C.
After the investigation, the Village of Blue Mounds Board shall consider,
review and act on the application at a regular or special meeting.
At the Board's discretion, it may hold a public hearing on the
license application.
(1)
The Village of Blue Mounds shall issue or renew a license, unless
it is determined by a preponderance of the evidence that one or more
of the following findings is true:
(a)
The applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
a request for information on the application form;
(b)
The applicant is under the age of 18 years;
(c)
The sexually oriented business employee license is to be used
for employment in a business prohibited by local or state law, statute,
rule or regulation, or prohibited by a particular, provision of this
chapter.
(d)
The license fee required by this section has not been paid.
(e)
Pursuant to the standards in § 111.335, Wis. Stats.,
the applicant has an arrest record or has been convicted of a felony,
misdemeanor or other offense, the circumstances of which substantially
relate to the licensed activity, which for purposes of this license
include offenses under Chapters 944, 975, 980 and §§ 940.22,
940.225, 948.02, 948.025, 948.05 through 948.12, Wis. Stats., as may
be amended.
(f)
The applicant has been found to have previously violated this
chapter within five years immediately preceding the date of the application.
(g)
One, or more, of the standards, provisions or requirements of
this chapter has not been met.
(h)
One, or more, of the standards, provisions, or requirements
set forth in the Village, county or state building statutes, code
or regulations has not been met.
(2)
The license which is applied for by the applicant must be approved
or denied within 45 days from the date the completed application is
filed.
D.
A license under this chapter, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the regulated use for which the license is issued pursuant to § 289-4. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
E.
A sexually oriented business license shall issue for only one classification as found in § 289-3.
F.
A sexually oriented business license shall not be issued unless the
owner ensures that no specified anatomical areas and no specified
sexual activity are visible at any time from any public place that
is not the sexually oriented business in question.
G.
Whenever an application is denied, or a license is not renewed by
the Village Board, the Village Clerk/Treasurer 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 the denial
or nonrenewal, a public hearing shall be held within 10 days thereafter
in conformity with § 68.11(2) and (3), Wis. Stats. A final
determination stating the reasons therefor, together with a copy of
any official recording or transcript of the hearing, shall be rendered
within 20 days of the commencement of the hearing. Judicial review
shall be governed by § 68.13, Wis. Stats.
A.
Every person that is an individual who is required to have a sexually
oriented business employee license shall post his or her license in
his or her work area so that it is readily available for public inspection.
B.
Every person that is not an individual, who is licensed under this
chapter shall display its license in a prominent place within the
establishment. In the case of adult cabarets, the name of the manager
on duty shall be prominently posted during business hours.
A.
Separation of sexually oriented adult entertainment performance area.
The portion of the adult cabaret premises in which sexually oriented
adult entertainment is performed shall be a stage or platform that
is separated from all patron seating areas in the following ways:
B.
Lighting. Sufficient lighting shall be provided and equally distributed
in and about the parts of the premises which are open to and used
by patrons so that all objects are plainly visible at all times, and
so that on any part of the premises which are open to and used by
patrons a program, menu, or list printed in eight-point type will
be readable.
C.
Submittal of plans. Building plans showing conformance with the requirements
of this section shall be included with any application for sexually
oriented business license for an adult cabaret.
D.
Standards of conduct for employees. All employees of a sexually oriented
business must adhere to the following standards of conduct:
(1)
No employee or holder of a sexually oriented business employee license
shall appear in a state of nudity or seminude on any part of the premises
open to view of members of the public, except on or in the entertainment
performance area described above.
(2)
No employee holder of a sexually oriented business employee license
shall allow, encourage or knowingly permit any person upon the premises
to touch, caress, or fondle the breasts, buttocks, anus, pubic area
or genitals of any other person.
(3)
No employee or holder of a sexually oriented business employee license
of an adult cabaret shall be visible from any public place that is
not the sexually oriented business in question during the actual or
apparent hours of his or her employment or performance on the premises
of that sexually oriented business.
E.
Manager on premises. A manager, who shall be a licensed employee
and not an entertainer, shall be on duty at an adult cabaret business
premises at all times, and shall verify that any employee or holder
of a sexually oriented business employee license who works or appears
within the premises possess a current and valid entertainer's
license posted in the manner required by this chapter.
F.
Signs. Signs in letters at least 3/4 inch high shall be conspicuously
displayed in the public area of the establishment stating the following:
This adult cabaret is regulated by the Village of Blue Mounds.
Entertainers are:
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a.
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Not permitted to engage in any type of sexual conduct;
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b.
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Not permitted to appear in a state of nudity or seminude, except
on stage;
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c.
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Not permitted to dance or model where patrons are congregated.
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A.
Evidence that a sleeping room in a hotel, motel, or similar commercial
establishment has been rented and vacated two or more times in a period
of time that is less than 10 hours creates a rebuttable presumption
that the establishment is an adult motel as that term is defined in
this section.
B.
A person commits a violation of this chapter if, as the person in
control of a sleeping room in a hotel, motel, or similar commercial
establishment that does not have a sexually oriented business license,
he rents or subrents a sleeping room to a person and, within 10 hours
from the time the room is rented, he rents or subrents the same sleeping
room again.
A.
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room of less than 150 square feet of floor space, a film,
videocassette, live entertainment, or other video reproduction which
depicts specified sexual activities or specified anatomical areas,
shall comply with the following requirements:
(1)
Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more managers stations and the location
of all overhead lighting fixtures and designating any portion of the
premises in which patrons will not be permitted. A manager's station
may not exceed 32 square feet of floor area. The diagram shall also
designate the place at which the permit will be conspicuously posted,
if granted. A professionally prepared diagram in the nature of an
engineer's or architect's blueprint shall not be required; however,
each diagram should be oriented to the north or to some designated
street or object and should be drawn to a designated scale or width
marked dimensions sufficient to show the various internal dimensions
of all areas of the interior of the premises to an accuracy of plus
or minus six inches. The Village of Blue Mounds may waive the foregoing
diagram for renewal applications if the applicant adopts a diagram
that was previously submitted and certifies that the configuration
of the premises has not been altered since it was prepared.
(2)
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Village of Blue
Mounds.
(3)
It is the duty of the licensee of the premises to ensure that at
least one licensed employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
(4)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every
area of the premises to which any patron is permitted access for any
purpose, excluding rest rooms. Rest rooms may not contain video reproduction
equipment. If the premises has two or more managers' stations designated,
then the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least
one of the managers' stations. The view required in this subsection
must be by direct line of sight from the manager's station.
(5)
It shall be the duty of the licensee to ensure that the view area specified in Subsection A(4) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.
(6)
No viewing room may be occupied by more than one person at any time.
(7)
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than five footcandles
as measured at the floor level.
(8)
It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
(9)
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
(10)
No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
(11)
The licensee shall cause all floor coverings in viewing booths
to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(12)
The licensee shall cause all wall surfaces and ceiling surfaces
in viewing booths to be constructed of, or permanently covered by,
nonporous, easily cleanable material. No wood, plywood, composition
board or other porous material shall be used within 48 inches of the
floor.
A.
It shall be a violation of this chapter for a person who knowingly
and intentionally, in a sexually oriented business, appears in a state
of nudity.
B.
It shall be a violation of this chapter for a person who knowingly
or intentionally in a sexually oriented business appears in a seminude
condition unless the person is an employee who, while seminude, shall
be at least 10 feet from any patron or customer and on a stage at
least 24 inches from the floor.
C.
It shall be a violation of this chapter for an employee, while seminude,
to touch a customer or the clothing of a customer.
A person commits a violation of this chapter if the person knowingly
allows a person under the age of 18 years on the premises of a sexually
oriented business.
A person commits a violation of this chapter if the person knowingly
or intentionally commits public indecency.
A.
A person commits a violation of this chapter if the person knowingly
allows or otherwise participates in the sale, use or consumption of
alcoholic beverages on the premises of a sexually oriented business.
B.
No establishment or premises that has a sexually oriented business
license may be physically connected to, part of the same building
structure, or share a common wall or entrance with any establishment
that has any alcohol beverage license or allows the sale, use or consumption
or alcoholic beverages.
Sexually oriented businesses, except for an adult motel, must
remain closed at all times between the hours of 12:00 a.m. (midnight)
and 10:00 a.m,. Monday through Saturday. No Sunday open hours are
permitted for sexually oriented businesses except for an adult motel.
A.
No sexually oriented business shall be located:
(1)
Within 500 feet of an existing sexually oriented business.
(2)
Within 500 feet of any residential dwelling, including but not limited
to houses, apartments, manufactured home, mobile home or condominiums.
(3)
Within 500 feet of any preexisting place of worship, including but
not limited to any church, synagogue, mosque, temple or building which
is primarily used for religious worship and related religious activities.
(4)
Within 500 feet of any public or private educational facility, including
but not limited to any child day-care center, nursery schools, preschools,
kindergartens, elementary schools, junior high schools, middle schools,
high schools, secondary schools, special education schools.
(5)
Within 500 feet from any public park or public recreational area,
including but not limited to a park, playground, nature trails, athletic
fields, basketball or tennis courts, bicycle paths, wilderness areas
or other similar public land within the Village and owned by the Village,
state or county. Private recreational facilities are excluded from
this location requirement.
(6)
Within 500 feet of any commercial establishment that is licensed
to serve or sell alcohol.
B.
For purposes of this section, distances are to be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection A above. The presence of a Village, town or county boundary shall be irrelevant for purposes of calculating and applying the distance requirements in this section.
C.
Sexually oriented businesses shall be a permitted use in areas of
the Village zoned I-1. Sexually oriented businesses are not a permitted
use or conditional use in any other Village zoning district.
A.
Every application for a sexually oriented business license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee,
as set by resolution of the Village Board.
B.
In addition to the application and investigation fee required above,
every sexually oriented business that is granted a license (new or
renewal) shall pay to the Village of Blue Mounds an annual nonrefundable
license fee, as set by resolution of the Village Board, within 30
days of license issuance or renewal.
C.
Every application for a sexually oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual nonrefundable application, investigation
and license fee, as set by resolution of the Village Board.
D.
All license applications and fees shall be submitted to the Village
of Blue Mounds Clerk/Treasurer.
A.
An applicant or licensee shall permit representatives of the Village
of Blue Mounds to inspect the premises of a sexually oriented business
for the purpose of insuring compliance with the law, at any time it
is occupied or open for business.
B.
A person who operates a sexually oriented business or his agent or
employee commits a violation of this chapter if he or she refuses
to permit such lawful inspection of the premises at any time it is
open for business or otherwise occupied.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 289-6. Application for renewal shall be made at least 45 days before the expiration date, and when made less than 45 days before the expiration date, the expiration of the license will not be affected.
B.
When the Village of Blue Mounds denies renewal of a license, the
applicant shall not be issued a license for one year from the date
of denial. If, subsequent to denial, the Village of Blue Mounds finds
that the basis for denial of the renewal license has been corrected
or abated, the applicant may be granted a license if at least 90 days
have elapsed since the date denial became final.
A.
The Village of Blue Mounds shall suspend a license for a period not
to exceed 30 days if it determines that a licensee or an employee
of a licensee has:
B.
Prior to suspending a license, the Village Board shall conduct a
public hearing affording the licensee an opportunity to present information
and evidence as to why the license should not be suspended. At least
10 days prior to the hearing, the Village Clerk/Treasurer shall issue
the licensee a written notice setting forth the alleged basis for
the suspension, and identifying the date and time at which the Village
Board will conduct a hearing on the suspension.
C.
Whenever a license is suspended, the Village Clerk/Treasurer shall
advise the licensee in writing of the reasons for such action. If
the licensee requests a hearing within 10 days of receipt of notification
of the suspension, a public hearing shall be held within 10 days thereafter
in conformity with § 68.11(2) and (3), Wis. Stats. A final
determination stating the reasons therefor, together with a copy of
any official recording or transcript of the hearing, shall be rendered
within 20 days of the commencement of the hearing. Judicial review
shall be governed by § 68.13, Wis. Stats.
A.
The Village of Blue Mounds shall revoke a license if a cause of suspension in § 289-22 occurs and the license has been suspended within the preceding 12 months.
B.
The Village of Blue Mounds shall revoke a license if it determines
that:
(1)
A licensee gave false or misleading information in the material submitted
during the application process;
(2)
A licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the premises;
(4)
A licensee knowingly operated the sexually oriented business during
a period of time when the licensee's license was suspended;
(5)
Except in the case of an adult motel, a licensee has knowingly allowed
any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other sex act to occur in or on the licensed premises; or
(6)
A licensee is delinquent in payment to the Village of Blue Mounds,
county, or state for any taxes or fees past due.
C.
Prior to revoking a license, the Village Board shall conduct a public
hearing affording the licensee an opportunity to present information
and evidence as to why the license should not be revoked. At least
10 days prior to the hearing, the Village Clerk/Treasurer shall issue
the licensee a written notice setting forth the alleged basis for
the revocation, and identifying the date and time at which the Village
Board will conduct a hearing on the revocation.
D.
When the Village of Blue Mounds revokes a license, the revocation
shall continue for one year, and the licensee shall not be issued
a sexually oriented business license for one year from the date the
revocation became effective. If, subsequent to revocation, the Village
of Blue Mounds finds that the basis for the revocation has been corrected
or abated, the applicant may be granted a license if at least 90 days
have elapsed since the date the revocation became effective.
E.
Whenever a licensee is revoked by the Village Board, the Village
Clerk/Treasurer shall advise the licensee in writing of the reasons
for such action. If the licensee requests a hearing within 10 days
of receipt of notification of the revocation, a public hearing shall
be held within 10 days thereafter in conformity with § 68.11(2)
and (3), Wis. Stats. A final determination stating the reasons therefor,
together with a copy of any official recording or transcript of the
hearing, shall be rendered within 20 days of the commencement of the
hearing. Judicial review shall be governed by § 68.13, Wis.
Stats.
A.
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of any provisions of this chapter is subject to a suit for injunction as well as prosecution for violations of this chapter. Such violations shall be subject to a forfeiture as provided in § 1-3 of the Village of Blue Mounds Code, plus costs. Each day a violation continues constitutes a separate offense or violation.
B.
The remedies found in this chapter are not exclusive, and the Village
of Blue Mounds may seek any other legal or equitable relief; including
but not limited to enjoining any acts or practices which constitute
or will constitute a violation of any business license ordinances
or other regulations herein adopted.
After denial of an application, or denial or a renewal of an
application, or suspension or revocation of any license, the applicant
or licensee may seek prompt judicial review of such administrative
action in any court of competent jurisdiction in accordance with the
terms of this chapter and state law. The administrative action shall
be promptly reviewed by the court. An existing business can remain
open pending the review of license denials and failures to renew,
and all businesses can remain open pending review of suspensions and
revocations.