As used in this chapter, the following terms shall have the
meanings indicated:
ADULT ARCADE
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.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A.
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:
(1)
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
(2)
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
B.
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.
C.
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.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
at which, on 15 or more days in any twelve-month period:
A.
Persons appear in a state of nudity or seminude;
B.
Live performances occur which are characterized by the exposure
of specified anatomical areas or by specified sexual activities; or
C.
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.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
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;
B.
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
C.
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.
ADULT MINI-MOTION PICTURE THEATER
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.
ADULT MOTION PICTURE THEATER
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.
BOOTH, ROOM or CUBICLE
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.
EMPLOYEE
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.
ESCORT
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.
ESCORT AGENCY
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.
LICENSEE
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.
NUDITY or A STATE OF NUDITY
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.
PERSON
An individual, proprietorship, partnership, limited partnership,
corporation, association, LLC, LLP, or other legal entity.
PUBLIC INDECENCY
A person who knowingly or intentionally, in a public place:
A.
Engages in sexual intercourse;
B.
Engages in deviant sexual conduct;
C.
Appears in a state of nudity; or
D.
Fondles the genitals of self or another person.
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.
SEMINUDE or IN A SEMINUDE CONDITION
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.
SEXUALLY ORIENTED BUSINESS
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.
SPECIFIED ANATOMICAL AREAS
A.
The human male genitals in a discernibly turgid state, even
if completely and opaquely covered; or
B.
Less than completely and opaquely covered human genitals, pubic
region, vulva, anus, or the nipple and areola of the human female
breast.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, anus, or female breasts;
B.
Actual sex acts, including intercourse, oral copulation, masturbation,
or sodomy; or
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A and
B above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease, or sublease of the business;
B.
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
C.
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:
B. Adult bookstores, adult novelty stores, or adult video stores.
E. Adult motion-picture theaters, adult mini-motion-picture theater.
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.
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.
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.