[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:
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]
ADULT BOOKSTOREAn establishment having a substantial or significant portion of its stock and trade in books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons at which a significant or substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
ADULT MOTION PICTURE THEATER (OUTDOOR)A parcel of land from which individuals may view a motion picture presented out-of-doors which presents material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
ADULT BATHHOUSEAn establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities as defined in this chapter.
ADULT MOTELA hotel, motel, or similar commercial establishment which:
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;
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 subrent the
room for a period of time that is less than 10 hours.
ADULT MODELING STUDIOAn establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.
ADULT BODY PAINTING STUDIOAn establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this chapter, "adult body painting studio" shall not be deemed to include a tattoo parlor.
An establishment or business which features male and/or female
topless and/or bottomless dancers, go-go dancers, exotic dancers,
strippers, or similar entertainers.
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.
Any periodic adult establishment, as defined above, shall be
licensed yearly in accordance with the licensing provision hereinafter
set forth.
ADULT NOVELTY SHOPAn establishment or business having a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, specified sexual activities as defined herein or stimulating such activity.
A.
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.
B.
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.
C.
No license or interest in a license may be transferred to any person,
partnership, or corporation.
D.
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.
A.
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.[1]
B.
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:
(1)
Name and address, including all aliases.
(2)
Written proof that the individual is at least 18 years of age.
(3)
All residential addresses of the applicant for the past 10 years.
(4)
The business, occupation, or employment of the applicant for the
10 years immediately preceding the date of application.
(5)
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.[2]
(6)
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.
(7)
Fingerprints and two portrait photographs at least two inches by
two inches of the applicant.
(8)
The address of the adult establishment to be operated by the applicant.
(9)
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.
A.
To receive a license to operate an adult establishment, an applicant
must meet the following standards:
(1)
If applicant is an individual:
(a)
The applicant shall be at least 18 years of age.
(b)
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.
(c)
The applicant shall not have been found to have previously violated
this chapter within five years immediately preceding the date of the
application.
(2)
If applicant is a corporation:
(a)
All officers, directors, and others required to be named under § 156-4B shall be at least 18 years of age.
(b)
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.
(3)
If the application is a partnership, joint venture, or any other
type of organization where two or more persons have a financial interest:
(a)
All persons having a financial interest in the partnership,
joint venture, or other type of organization shall be at least 18
years of age.
(b)
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.
(c)
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.
B.
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.
C.
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.[1]
D.
No license shall be issued unless the applicant provides proof of
one of the following:
(1)
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.
(2)
A lease on a building which is properly zoned to house the venture.
Proper zoning includes permissible nonconforming use status.
(3)
An option to purchase property which is properly zoned for the venture.
Proper zoning includes permissible nonconforming use status.
(4)
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.
A.
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.
B.
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.[1]
C.
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.
A.
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.
[Amended 1-12-2000]
B.
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.
A.
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:
(1)
If the applicant has made or recorded any statement required by this
chapter knowing it to be false or fraudulent or intentionally deceptive.
(2)
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.
(3)
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.
B.
Notice and hearing.
(1)
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.[1]
(2)
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:
A.
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.
B.
Construction. Every booth, room, or cubicle shall meet the following
construction requirements:
(1)
Each booth, room or cubicle shall be separated from adjacent booths,
rooms, cubicles, and any non-public areas by a wall.
(2)
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.
(3)
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.
(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 10 footcandles at all times, as measured from
the floor.
C.
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.
A.
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.
C.
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.
D.
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.
E.
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.
F.
The operator shall maintain the premises in a clean and sanitary
manner at all times.
G.
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.
H.
The operator shall ensure compliance of the establishment and its
patrons with the provisions of this chapter.
I.
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.[2]
J.
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.[3]
K.
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.
A.
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:
B.
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.
C.
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.
