This chapter shall be known and may be cited as the "Adult Entertainment
Ordinance."
This chapter is enacted pursuant to the City of Lancaster's
(hereinafter "City") home rule power, in the interest of the public
health, peace, safety, morals and general welfare of the people of
the City, and the authority of the City to regulate the sale and consumption
of alcohol beverages under the Twenty-first Amendment to the Constitution
of the United States and Ch. 125, Wis. Stats.
[1]
Editor's Note: Throughout this chapter, the term "alcoholic
beverage" was amended to "alcohol beverage" 11-17-2014 by Ord. No.
2014-05.
This chapter shall be effective throughout the City.
Based on information and belief, the City of Lancaster hereby
finds that:
A.Â
Establishments exist or may exist within the City where books, magazines,
motion pictures, video tapes, prints, photographs, periodicals, records,
novelties and/or devices which depict, illustrate, describe or relate
to specified sexual activities are possessed, displayed, exhibited,
distributed and/or sold, leased or rented.
B.Â
Establishments exist or may exist within the City where:
(1)Â
The superficial tissues of one person are manipulated, rubbed, stroked,
kneaded and/or tapped by a second person, accompanied by the display
or exposure of specified anatomical areas;
(2)Â
Dancers, entertainers, performers or other individuals, for any form
of commercial gain, perform or are presented while displaying or exposing
any specified anatomical areas; or
(3)Â
Lap dancing occurs.
D.Â
The competitive commercial exploitation of such nudity and semi-nudity
is adverse to the public's interest and the quality of life,
tone of commerce and total community environment in the City.
E.Â
The commercial exploitation of nudity and seminudity consists of
the use of nude and seminude entertainment in connection with or for
the promotion of the sale of goods or services and the receipt of
money by the person engaging in or promoting the nude or seminude
entertainment in exchange for or as consideration for nude or seminude
performance by such individuals.
F.Â
The commercial exploitation of nude and seminude acts, exhibitions
and nude entertainment frequently occurs at commercial establishments
either selling or allowing consumption of alcohol beverages on the
premises.
G.Â
There is a direct relationship between the consumption of alcohol
beverages and the nude and seminude activities mentioned above and
an increase in criminal activities, moral degradation and the disturbances
of the peace and the good order of the community. The concurrences
of these activities are hazardous to the health and the safety of
those persons in attendance and tends to depreciate the value of adjoining
property and harm the economic welfare of the community as a whole.
H.Â
The combination of the sale and consumption of alcohol beverages
with the performance of nude and seminude acts, exhibitions and entertainment
is adverse to the public's interest and the quality of life,
tone of commerce and total community environment in the City.
I.Â
In order to promote and preserve the public peace and good order
and to safeguard the health, safety, morals and welfare of the community
and the citizens thereof, it is necessary and advisable for the City
to prohibit certain forms of nude and seminude acts, exhibitions,
entertainment and commercial establishments at which alcohol beverages
are, or are available to be, sold or consumed.
J.Â
In order to preserve the public peace and good order and to safeguard
the health, safety, morals and welfare of the community and citizens
thereof, it is necessary and advisable to regulate and restrict the
conduct of owners, operators, agents, employees, entertainers, performers,
patrons, spectators and persons on the premises of the commercial
establishment subject hereto.
K.Â
There is a direct relationship between the display or depiction of specified anatomical areas in Subsection B(2) of this section and an increase in criminal activities, moral degradation and disturbances of the peace and good order of the community, and the concurrences of these activities are hazardous to the health and safety of those persons in attendance and tends to depreciate the value of adjoining property and harm the economic welfare of the community as a whole. These secondary effects are adverse to the public's interest and quality of life, tone of commerce and total community environment in the City.
L.Â
When the activities described in Subsections A and B of this section are presented in establishments within the City, other activities which are illegal, immoral or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but are not limited to, prostitution, solicitation for prostitution, lewd and lascivious behavior, possession, distribution and transportation of obscene materials, sale or possession of controlled substances and violent crimes against persons and property.
M.Â
When the activities described in Subsections A and B of this section are present in establishments within the City, they tend to blight neighborhoods, adversely affect neighboring businesses, lower property values, foster an atmosphere which promotes crime, particularly the kinds detailed in Subsection G of this section, and ultimately lead residents and businesses to move to other locations.
O.Â
In order to preserve and safeguard the health, safety, morals and general welfare of the people of the City, it is necessary and advisable for the City to regulate the conduct of owners, managers, operators, agents, employees, entertainers, performers and customers at establishments where the activities described in Subsections A and B of this section occur.
P.Â
The potential dangers to the health, safety, morals and general welfare of the people of the City from the activities described in Subsections A and B of this section occurring at establishments without first obtaining a license under this chapter are so great as to require the licensure of such establishments prior to their being permitted to operate.
Q.Â
"Lap dancing" does not contain any element of communication and is
therefore conduct rather than expression.
R.Â
"Lap dancing" in establishments poses a threat to the health and
safety of the participants and promotes the spread of communicable
and social diseases.
S.Â
Sexually oriented business is frequently used for unlawful and unhealthy
sexual activities, including prostitution and sexual liaison of a
casual nature.
T.Â
The concern over sexually transmitted diseases is a legitimate health
concern of the City which demands reasonable regulations of sexually
oriented businesses in order to protect the health and well-being
of the citizens.
U.Â
Licensing is a legitimate reasonable means of accountability to ensure
that operators of sexually oriented businesses comply with the reasonable
regulations within this chapter and to ensure that operators do not
knowingly allow their establishments to be used as places of illegal
sexual activity or solicitation.
This chapter shall be liberally construed to accomplish its
purpose of licensing, regulating and dispersing adult entertainment
establishments.
It is the intent of the Council in adopting this chapter to
establish reasonable and uniform regulations that will reduce the
adverse secondary effects adult entertainment establishments have
upon the residents of the City and protect the health, safety, morals
and general welfare of the people of the City.
In this chapter, unless the context suggests otherwise, the
following terms are defined:
Any place or establishment operated for commercial gain which
invites or permits the public to view adult material. For purposes
of this chapter, "adult arcade" is included within the definition
of "adult theater."
An establishment that sells or offers adult material for
sale or rent for commercial gain, unless the establishment demonstrates
either that:
The adult material is accessible only by employees and the gross
income from the sale or rental of adult material comprises less than
40% of the gross income from the sale or rental of goods or services
at the establishment; or
The individual items of adult material offered for sale or rental
comprise less than 10% of the individual items, as stock-in-trade,
publicly displayed in the establishment and which are not accessible
to minors at the establishment.
An establishment where employees display or expose specified
anatomical areas to others, regardless of whether the employees actually
engage in dancing.
Any adult arcade, adult theater, adult bookstore/adult video
store, adult motel or adult dancing establishment, or any other establishment
or business operated for commercial gain where any employee, operator
or owner exposes his/her specified anatomical area for viewing by
patrons, including but not limited to massage establishments, tanning
salons, modeling studios, or lingerie studios.
Any one or more of the following, regardless of whether it
is new or used:
Books, magazines, periodicals or other printed matter, photographs,
films, motion pictures, video cassettes, slides, or other visual representations,
recordings, other audio matter, and novelties or devices which have
as their primary or dominant theme subject matter depicting, exhibiting,
illustrating, describing or relating to specified sexual activities
or specified anatomical areas; or
Instruments, novelties, devices or paraphernalia which are designed
for use in connection with specified sexual activities.
Any hotel, motel, boardinghouse, rooming house or other place
of temporary lodging which includes the word "adult" in any name it
uses or otherwise advertises the presentation of adult material. The
term "adult motel" is included within the definition of "adult theater."
An establishment operated for commercial gain which consists
of an enclosed building or a portion or part thereof or an open-air
area used for viewing of adult material. "Adult motel," "adult arcade,"
"adult booth" and "adult motion-picture theater" are included within
the definition of "adult theater." An establishment which has adult
booths is considered to be an adult theater.
See "adult bookstore/adult video store."
A sign warning persons entering an adult entertainment establishment
of the current danger of contracting AIDS, the nature of the danger,
the means of transmission of AIDS and the procedures a reasonable
person would follow to avoid contracting AIDS.
Shall be defined as set forth in Ch. 125, Wis. Stats.
It shall be prima facie evidence that a beverage is an alcohol
beverage if proof exists that:
The beverage in question was or is known as whiskey, moonshine
whiskey, shine, rum, gin, tequila, vodka, scotch, scotch whiskey,
brandy, beer, malt liquor, or by any other similar name or names;
The beverage was contained in a bottle or can labeled as any
of the above names, or a name similar thereto, and the bottle or can
bears the manufacturer's insignia, name or trademark; or
The sale of such beverages is subject to the requirements of
Ch. 125, Wis. Stats., and/or the ordinances of the City of Lancaster.
Any person who, by experience in the handling of alcohol beverages,
or who by taste, smell/or drinking of such alcohol beverages has knowledge
of the alcoholic nature thereof, may testify as to his opinion about
whether such beverage is an alcohol beverage.
The Common Council of the City of Lancaster, Grant County,
Wisconsin.
Any business, location or place which conducts or allows
to be conducted on its premises any activity for commercial gain.
Operated for pecuniary gain; for the purpose of this chapter,
operation for commercial or pecuniary gain shall not depend on actual
profit or loss.
A determination of guilt resulting from plea or trial, regardless
of whether adjudication was withheld or whether imposition of sentence
was suspended.
The Fire Department, Police Department and Building Inspector(s).
A premises or site upon which there is an institution of
learning, whether public or private, which conducts regular classes
and/or courses of study required for accreditation by or membership
in the State Department of Education of Wisconsin, the University
of Wisconsin, or a member of an association of private colleges of
the State of Wisconsin. The term "educational institution" includes
a premises or site upon which there is a day-care center, nursery
school, kindergarten, elementary school, junior high school, or senior
high school; professional institution or an institution of higher
education, including a community college, junior college, or four-year
college or university; libraries, art galleries and museums open to
the public; or any special institution of learning. However, the term
"educational institution" does not include a premises or site upon
which there is a vocational institution operated for commercial gain.
Any person who works or performs in an adult entertainment
establishment, irrespective of whether the person is paid a salary
or wage by the owner or manager of the premises.
The site or premises on which the adult entertainment establishment
is located, including the interior of the establishment, or portion
thereof, upon which certain activities or operations are being conducted
for commercial gain.
A respective employee of the City Police Department or City
Zoning and Building Department or officers of the City Fire Department
who are authorized pursuant to this chapter to inspect licensed premises.
[Amended 11-17-2014 by Ord. No. 2014-05]
The use by an employee, whether clothed or partially or totally
nude, of any part of his or her body to touch, massage, rub, stroke,
caress, or fondle the genital or pubic area of a person while at the
establishment, or the touching of the genital or pubic area of any
employee by a person while at the establishment. It shall be a lap
dance regardless of whether the touch or touching occurs while the
employee is displaying or exposing any specified anatomical area.
It shall also be a lap dance regardless of whether the touch or touching
is direct or through a medium.
See "establishment."
Any person whose application for an adult entertainment establishment
has been granted and who totally or partially owns, operates or controls
the establishment.
Any person who engages or participates in any activity which
is necessary to or which facilitates the operation of an adult entertainment
establishment, including, but not limited to, the licensee, manager,
owner, doorman, bouncer, bartender, dancer, disc jockey, sales clerk,
ticket taker, movie projectionist or supervisor.
Includes, but is not limited to, an individual(s), firm(s),
association(s), joint venture(s), partnership(s), estate(s), trust(s),
business trust(s), syndicate(s), fiduciary(s), corporation(s), and
all other or any other similar entity.
Any person, as defined above, who owns or controls, legally
or beneficially, 10% or more of a corporation's capital stock,
and includes the officers and directors. If no stockholder of a corporation
owns or controls, legally or beneficially, at least 10% of the capital
stock, all stockholders shall be considered principal stockholders,
and if a corporation is registered with the Securities and Exchange
Commission, or pursuant to Ch. 180, Wis. Stats., and its stock is
for sale to the general public, it shall not be considered to have
any principal stockholders.
The display or exposure of any specified anatomical area
by an employee at an adult entertainment establishment to a person
other than another employee while the person is in an area within
the establishment not accessible during such display to all other
persons in the establishment, or while the person is in an area in
which the person is totally or partially screened or partitioned during
such display from the view of all persons within the establishment.
Less than completely and opaquely covered:
Human genitals and pubic regions;
Cleavage of the human buttocks; or
That portion of the human female breast encompassed within an
area falling below the horizontal line one would have to draw to intersect
a point immediately above the top of the areola; this definition shall
include the entire lower portion of the female breast, but shall not
include any portion of the cleavage of the human female breast exhibited
by a dress, blouse, shirt, leotard, bathing suit, or other wearing
apparel, provided the areola is not so exposed; or
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
Human genitals in a state of sexual stimulation, arousal or
tumescence;
Acts of human analingus, bestiality, buggery, cunnilingus, coprophagy,
coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia,
pederasty, pedophilia, sadism, sadomasochism, sexual intercourse,
or sodomy;
Fondling or other erotic touching of human genitals, pubic region,
buttock, anus, or female breast; or
It is not the intent of the Council to legislate with respect
to matters of obscenity. These matters are regulated by state law.
It is not the intent of the Council to legislate, limit or conflict
with respect to matters of massage establishments which are or may
be regulated by state law or state regulatory agency.
In the event the notice of denial of an application for a license
was grounded in whole or in part upon failure to comply with or satisfy
all applicable zoning regulations, the aggrieved party shall first
file an application with the zoning board of adjustment for a variance
within 30 days of the mailing of the notice of denial, receive a public
hearing before the Zoning Board of Appeals and obtain a final decision
therefrom within 120 days of the date of application denial. If the
Board of Appeals grants the variance, the aggrieved party shall notify
the Council of the variance within 30 days of the grant of the variance.
[Amended 11-17-2014 by Ord. No. 2014-05]
Except as otherwise provided, any notice required under this
chapter shall be accomplished by sending a written notification by
certified mail, returned receipt requested, to the mailing address
set forth on the application for the license. This mailing address
shall be considered the correct mailing address unless the City Clerk/Treasurer
has been otherwise notified in writing by certified mail, return receipt
requested, by the licensee of the new address. The licensee shall
have the burden of proving the City Clerk/Treasurer received the new
address.
The City or any department shall be immune from prosecution,
civil or criminal, while acting within the scope of its authority
under this chapter, and shall have authority to enter any adult entertainment
establishment at all reasonable times to inspect the premises and
enforce this chapter.
