[HISTORY: Adopted by the Bellevue Board 11-23-1993 (§ 9.11 of the 1998 Code). Amendments noted where applicable.]
It is the purpose of this chapter to regulate sexually oriented adult entertainment establishments (hereinafter referred to as "adult establishment") to promote the health, safety, morals and general welfare of the citizens of the Village, to aid in the alleviation and prevention of the adverse and deleterious effects of criminal activity and disruption of the public peace associated with such establishments, to prevent the serious health hazards associated with unsafe and unsanitary conditions known to exist in those establishments and to alleviate the spread of sexually transmitted diseases and other contagious diseases in those establishments.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- SEXUALLY ORIENTED ADULT ENTERTAINMENT ESTABLISHMENT
- Includes bookstores, motion-picture theaters, mini motion-picture theaters, bathhouses, motels, modeling studios, body painting studios, cabarets and novelty shops and are more specifically defined as:
- (1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, 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;
- (2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or
- (3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
- (1) An establishment or business which features male and/or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers.
- (2) Any adult cabaret, as defined above, which features such entertainment on a periodic and infrequent basis is considered an adult entertainment establishment only during those times when the adult entertainment is being presented or the entertainers are on the premises, and all provisions of this chapter shall apply during those presentations. Further, such periodic adult cabaret shall notify the Brown County Sheriff's Office at least 24 hours prior to the date on which such adult entertainment is to take place.
- (3) Any periodic adult establishment, as defined above, shall be licensed yearly in accordance with the licensing provision hereinafter set forth.
Except as provided in Subsection D below, from and after the effective date of this chapter, no adult establishment shall be operated or maintained in the Village without first obtaining a license to operate issued by the Village.
A license may be issued only for one adult establishment located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than one adult establishment must have a license for each.
No license or interest in a license may be transferred to any person, partnership, or corporation.
All adult establishments existing at the time of the passage of this chapter must submit an application for a license within 90 days of the passage of this chapter. If an application is not received within said ninety-day period, then such existing adult establishment shall cease operations.
Any person, partnership or corporation desiring to secure a license shall make application to the Village Clerk-Treasurer. The application shall be filed in triplicate with and dated by the Village Clerk-Treasurer. A copy of the application shall be distributed within 10 days of receipt thereof to the Brown County Sheriff's Office, the Brown County Health Department, Community Development Department and to the applicant.
The application for a license shall be upon a form approved by the Village Clerk-Treasurer. An applicant for a license, which shall include all partners or limited partners of a partnership applicant, or all officers or directors of a corporate applicant, and any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:
Name and address, including all aliases.
Written proof that the individual is at least 18 years of age.
All residential addresses of the applicant for the past 10 years.
The business, occupation, or employment of the applicant for the 10 years immediately preceding the date of application.
Whether the applicant previously operated in this or any other state, county, or municipality under an adult establishment license or similar business license, whether the applicant has ever had such a license revoked or suspended, the reasons therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.
All criminal convictions, whether federal or state, or Village ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations.
Fingerprints and two portrait photographs at least two inches by two inches of the applicant.
The address of the adult establishment to be operated by the applicant.
If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent, and all officers and directors of the corporation.
To receive a license to operate an adult establishment, an applicant must meet the following standards:
If applicant is an individual:
The applicant shall be at least 18 years of age.
Subject to Ch. 111, Wis. Stats., the applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
The applicant shall not have been found to have previously violated this chapter within five years immediately preceding the date of the application.
If applicant is a corporation:
All officers, directors, and others required to be named under § 156-4B shall be at least 18 years of age.
Subject to Ch. 111, Wis. Stats., no officer, director, or other person required to be named under § 156-4B shall have been convicted of and/or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
If the application is a partnership, joint venture, or any other type of organization where two or more persons have a financial interest:
All persons having a financial interest in the partnership, joint venture, or other type of organization shall be at least 18 years of age.
No persons having a financial interest in the partnership, joint venture, or other type of organization shall, subject to Ch. 111, Wis. Stats., have been convicted and/or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
No persons having a financial interest in the partnership, joint venture, or other type of organization shall have been found to have violated any provision of this chapter within five years immediately preceding the date of the application.
No license shall be issued unless the Brown County Sheriff's Office has investigated the applicant's qualifications to be licensed. The results of the investigation shall be filed, in writing, with the Village Clerk-Treasurer no later than 14 days after the date of the application.
The Brown County Health Department and Community Development Department shall inspect the premises proposed to be licensed to verify compliance with their respective codes and shall report compliance findings to the Village Clerk-Treasurer within 14 days of the date of the application.
No license shall be issued unless the applicant provides proof of one of the following:
Ownership of a properly zoned building or parcel of real property upon which a building can be constructed. Proper zoning includes permissible nonconforming use status.
A lease on a building which is properly zoned to house the venture. Proper zoning includes permissible nonconforming use status.
An option to purchase property which is properly zoned for the venture. Proper zoning includes permissible nonconforming use status.
An option to lease property which is properly zoned for the venture. Proper zoning includes permissible nonconforming use status.
A license fee as set forth in the Village Fee Schedule shall be submitted with the application for a license. Such fee shall be waived if the proposed adult establishment is operating under or has applied for an alcohol beverage license and has paid the alcohol beverage licensing fee thereunder.
The license shall be displayed in a conspicuous public place in the adult establishment.
Every license issued pursuant to this chapter will terminate on December 31 of the year it is issued, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the Village Clerk-Treasurer. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the Village Clerk-Treasurer. A copy of the application for renewal shall be distributed by the Village Clerk-Treasurer to the Brown County Sheriff's Office and the applicant. The application for renewal shall be upon a form provided by the Village Clerk-Treasurer and shall contain such information and date, given under oath or affirmation, as is required for an application for a new license.
A license renewal fee as set forth in the Village Fee Schedule shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100 shall be assessed against the applicant who filed for a renewal less than 60 days before the license expires.
If the Brown County Sheriff's Office is aware of any information bearing on the operator's qualifications, that information shall be filed, in writing, with the Village Clerk-Treasurer.
Whenever an initial application is denied, the Village Clerk-Treasurer shall, within 14 days of the denial, 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 at the next regularly scheduled meeting of the Village Board as hereinafter provided, with said hearing to take place no later than 60 days after the applicant requests said hearing. The Village Board shall then issue a decision within 30 days of said public hearing or said license shall be deemed granted.
Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any investigation required by this chapter shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the Village Clerk-Treasurer.
Revocation and suspension. The license granted herein may be revoked or suspended for up to six months or nonrenewed by the Village Board as follows:
If the applicant has made or recorded any statement required by this chapter knowing it to be false or fraudulent or intentionally deceptive.
For the violation of any provision of this chapter, except for establishment license matters involving violations of Village codes, in which case the license shall be revoked after the second conviction thereof in any license year.
After one conviction of any establishment personnel of an offense under Ch. 944, Wis. Stats., or of an offense against the person or property of a patron of the property or of an offense involving substances in Subchapter II of Ch. 961, Wis. Stats., where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant.
Notice and hearing.
No license shall be revoked, suspended, or not renewed by the Village Board except upon due notice and hearing to determine whether grounds for such action exist. Such hearing shall be held before the Plan Commission. Notice of such hearing shall be in writing and shall state the grounds of the complaint against the licensee. The notice shall be served upon the licensee at least 15 days prior to the date of the hearing and shall state the time and place thereof. The licensee shall be entitled to be heard, to be represented by counsel, to cross-examine opposing witnesses, and to present witnesses on his or her own behalf under subpoena by the Village Board if such is required, and the hearing may be stenographically recorded at the licensee's option and expense. At the conclusion of such hearing, the Plan Commission shall submit a report to the Village Board, including findings of fact and conclusion of law and a recommendation as to what, if any, action the Village Board should take. The Plan Commission shall provide the complainant and licensee with a copy of the report. The Plan Commission shall then file its findings of fact and conclusions of law with the Village Clerk-Treasurer.
Either the complainant or licensee may file an objection to the report and have the opportunity to present arguments supporting the objection to the Village Board. The Village Board shall determine whether arguments shall be presented orally or in writing, or both. If the Village Board, after arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided in Subsection A hereinabove. The Village Board shall decide the matter and shall prepare a written decision which shall be filed with the Village Clerk-Treasurer and a copy thereof delivered to the licensee and complainant within 20 days after its decision.
Any adult establishment having available for customers, patrons or members any both, room or cubicle for the private viewing of any sexually oriented adult entertainment must comply with the following requirements:
Access. Each booth, room, or cubicle shall be totally accessible to and from aisles and public areas of the adult establishment and shall be unobstructed by any door, lock, or other control-type devices.
Construction. Every booth, room, or cubicle shall meet the following construction requirements:
Each booth, room or cubicle shall be separated from adjacent booths, rooms, cubicles, and any non-public areas by a wall.
Each booth, room or cubicle shall have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same.
All walls shall be solid and without any openings, extended from the floor to a height of not less then six feet, and be light colored, nonabsorbent, smooth textured and easily cleanable.
The floor must be light colored, nonabsorbent, smooth textured, and easily cleanable.
The lighting level of each booth, room, or cubicle, when not in use, shall be a minimum of 10 footcandles at all times, as measured from the floor.
Occupants. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of same shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.
The operator shall maintain a register of all employees, showing the name and aliases used by the employee, home address, birth date, sex, telephone numbers, social security number, and date of employment and termination. The above information on each employee shall be maintained in the register on the premises for a period of three years following termination.
Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge, or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
Any act or omission of any employee constituting a violation of the provisions of this chapter 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.
No employee of an adult entertainment establishment shall allow any minor to loiter around or to frequent an adult entertainment establishment or allow any minor to view sexually oriented adult entertainment as defined herein.
The operator shall maintain the premises in a clean and sanitary manner at all times.
The operator shall maintain at least 10 footcandles of light in the public portion of the 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, that at no time shall there be less than one footcandle of illumination in said aisles, as measured from the floor.
The operator shall ensure compliance of the establishment and its patrons with the provisions of this chapter.
The operator shall ensure that there is conspicuously posted inside each booth, stall, partitioned portion of a room or individual room an unmutilated and undefaced sign or poster supplied by the Brown County Health Department which contains information regarding sexually transmitted diseases and the telephone numbers from which additional information can be sought.
The operator shall ensure there are conspicuously displayed at a place near the main entrance of the establishment, or portion thereof, any information, brochures, or pamphlets supplied by the Brown County Health Department pertaining to sexually transmitted diseases.
The operator shall ensure there are posted regulations concerning booth occupancy on signs, with lettering at least one inch high, that are placed in conspicuous areas of the establishment and in each of the viewing enclosures.
All operators, employees, and independent contractors working in any adult establishment hereunder shall, prior to beginning employment or contracted duties, register with the Brown County Sheriff's Office. Such registration shall include the following:
Upon registration, the Brown County Sheriff's Office will provide to each registered employee an identification card containing the employee's photographs identifying the employee as such, which shall be kept available for production upon request of all Village inspecting officers while on duty at such adult establishment.
All registrations hereunder are valid for a period of one year.
All private schools and public schools, as defined in Ch. 115, Wis. Stats., located within the Village are exempt from obtaining a license hereunder when instructing pupils in sex education as part of their curriculum.
Except as otherwise provided, any person found in violation of this chapter or any order, rule or regulation made hereunder shall be subject to the penalty provided in § 1-4 of the Code of the Village of Bellevue.