As used in this chapter, the following terms shall have the
meanings indicated:
ADULT BATH HOUSE
An 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 and which establishment provides to
its patrons an opportunity for engaging in "specified sexual activities,"
as defined herein.
ADULT BODY PAINTING STUDIO
An establishment or business where patrons are afforded an
opportunity to paint images on a body which is wholly or partially
nude. For purposes of this section, "adult body painting studio" shall
not be deemed to include a tattoo parlor.
ADULT BOOKSTORE
Includes, but shall not be limited to, an establishment having
as 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 anatomical areas or specified sexual activities.
An "adult bookstore" shall also include, but not be limited to, establishments
which have a facility or facilities, including, but not limited to,
booths, cubicles, rooms or stalls, for the presentation of "adult
entertainment," as defined herein, including adult-oriented films,
movies or live performances for observation by patrons therein or
which, as part of its regular and substantial course of conduct, offers
for sale, rent, trade, lease, inspection or viewing books, films,
videocassettes, magazines or other periodicals, which are distinguished
or characterized by their emphasis on matters depicting, describing
or relating to "adult entertainment," as defined herein.
ADULT CABARET
A cabaret which features male or female impersonators or
similar entertainers.
ADULT ENTERTAINMENT
Any exhibition of any motion pictures, live performance,
display or dance of any type which has as a significant or substantial
portion of such performance based on or is distinguished or characterized
by an emphasis on sex and/or sexual gratification, or any actual or
simulated performance of "specified sexual activities," or exhibition
and viewing of "specified anatomical areas," as defined herein, appearing
unclothed, or the removal of articles of clothing to reveal specified
anatomical areas.
ADULT MINI-MOTION PICTURE THEATRE
An enclosed building with a capacity of 50 or less 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 anatomical areas" or "specified
sexual activities," as defined herein, for observation by patrons
therein.
ADULT MODELING STUDIO
An establishment or business which provides the services
of modeling for the purpose of reproducing the human body wholly or
partially nude by means of photography, painting, sketching, drawing
or otherwise.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration;
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
anatomical areas" or "specified sexual activities," as defined herein,
and has a sign visible from the public right-of-right 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.
Permits a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
An enclosed building with a capacity of more than 50 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 anatomical areas" or "specified
sexual activities," 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 distinguishably
characterized by an emphasis on matter depicting, describing or relating
to "specified anatomical areas" or "specified sexual activities,"
as defined herein.
ADULT NOVELTY SHOP
An establishment or business having as a substantial or significant
portion of its stock and trade in novelty or other items which are
distinguished or characterized by their emphasis on "specified anatomical
areas" or designed for "specified sexual activities," as defined herein.
ADULT-ORIENTED ESTABLISHMENT
Includes, but is not limited to, adult bookstores, adult
motion picture theaters (indoor or outdoor), adult mini-motion picture
theaters, adult motels, adult novelty shops, adult cabarets, adult
bath houses, adult modeling studios, adult body painting studios,
and further means any premises to which public patrons or members
are regularly invited, admitted and/or permitted to view adult entertainment,
whether or not such entertainment is held, conducted, operated or
maintained for profit, direct or indirect. An "adult-oriented establishment"
further includes, without being limited to, any adult entertainment
studio or any premises that is physically arranged and used as such,
whether advertised or represented as an adult entertainment studio,
rap studio, exotic dance studio, encounter studio, sensitivity studio,
modeling studio or any other term of like import.
BOOTH, ROOM or CUBICLE
Such enclosures as are specifically offered to the public or members of an "adult-oriented establishment" 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 enclosures 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 and are not open to any persons other than employees, nor shall this definition apply to hotels, motels and other similar establishments licensed by the state pursuant to Ch.
50, Wis. Stats.
CHURCH
A building, whether situated within the City or not, in which
persons regularly assemble for religious worship intended primarily
for purpose connected with such worship or for propagating a particular
form of religious belief.
CUSTOMER
Any person who:
A.
Is permitted to enter an adult-oriented establishment in return
for the payment of an admission fee or any other form of consideration
or gratuity;
B.
Enters an adult-oriented establishment and purchases, rents
or otherwise partakes of any merchandise, goods, entertainment or
other services offered therein; or
C.
Is a member of and on the premises of an adult-oriented establishment
operating as a private club.
DAY-CARE CENTER
A facility licensed by the state, pursuant to § 48.65,
Wis. Stats., whether situated within the City or not.
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any services directly related to the operation
of an adult-oriented establishment.
ENTERTAINER
Any person who provides entertainment within an adult-oriented
establishment, as defined herein, whether or not a fee is charged
or accepted for entertainment and whether or not entertainment is
provided as employee or independent contractor.
OPERATOR
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
RESIDENTIAL
Residential means pertaining to the use of land, whether
situated within the county or not, for premises such as homes, townhouses,
duplexes, condominiums, apartments and mobile homes, which contain
habitable rooms for nontransient occupancy and which are designed
primarily for living, sleeping, cooking and eating therein. A premises
which is designed primarily for living, sleeping, working and eating
therein shall be deemed to be residential in character unless it is
actually occupied and used exclusively for other purposes. Hotels,
motels, boardinghouses, nursing homes and hospitals shall not be considered
to be residential.
SCHOOL
A building, whether situated within the City or not, where
persons regularly assemble for the purpose of instruction or education,
together with the playgrounds, stadiums and other structures or grounds
used in conjunction therewith. The term is limited to:
A.
Public and private schools used for primary or secondary education
in which any regular kindergarten or grades one through 12 classes
are taught.
B.
Special educational facilities in which students who have physical
or learning disabilities receive specialized education in lieu of
attending regular classes in kindergarten or any of grades one through
12.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region.
(3)
Female breast below a point immediately above the top of the
areola.
B.
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Showing of human genitals in a state of sexual stimulation or
arousal.
B.
Acts of human masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
C.
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breasts.
SUBSTANTIAL
As used in various definitions, shall mean 50% or more of
a business stock-in-trade, display space, floor space or retail sales
in any one month during the license year.
[Amended 4-14-2015 by Ord. No. 233]
A license application shall be accompanied by a fee which is
established by the Common Council by resolution. If for any reason
the license is denied, one-half of the application fee shall be returned
to the applicant. If the license is granted, the City will retain
the entire fee.
The license shall be displayed in a conspicuous public place
in the adult-oriented establishment.
Any adult establishment having opened for customers, patrons
or members any booth, room or cubicle for the private viewing of any
sexually oriented adult establishment shall comply with the following
requirements:
A. 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. 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 nonpublic 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 the same.
(3) All walls shall be solid and without any openings, extended from
the floor to a height of not less than six feet and be light colored,
nonabsorbent, smooth textured and easily cleanable.
(4) The floor shall be light colored, nonabsorbent, smooth textured and
easily cleanable.
(5) The lighting level of each booth, room or cubicle, when in use, shall
be a minimum of ten footcandles at all times as measured from the
floor.
C. Only one individual shall occupy a booth, room or cubicle at any
time. No occupant of the same shall engage in any type of sexual activity,
cause any bodily discharge or litter while in the booth, room or cubicle.
No individual shall damage or deface any portion of the booth, room
or cubicle.
D. No dancer, performer or any individual who is performing, singing
or dancing shall have either direct or indirect physical contact with
any patron.
E. While dancing or other performance is in progress, the establishment
shall be adequately illuminated so as to permit safe ingress to and
egress from the premises.
F. Good order shall be maintained at all times. Without limitation due
to enumeration, a lack of "good order" for purposes of this section
shall be deemed to include persistent loud noises to the annoyance
or detriment of surrounding property owners, patrons urinating in
public, profane language and/or fighting.
G. Music and other entertainment which is amplified inside shall cease
no later than 2:00 a.m.
H. The license holder shall insure that building capacity limits are
set so that the appropriate fire inspection and/or building inspection
authority is complied with at all times.
I. The license holder shall comply with the applicable state statutes and regulations and all county and City ordinances, including, but not limited to, the totally nude dancing restrictions for certain liquor-licensed establishments set forth in §
200-16, Nude dancing in licensed establishments, of the Code of the City of Markesan.
J. The management and employees of all license holders shall obey all
reasonable orders and directions of any law enforcement officer.
K. The performance of any dance by performers under the auspices of
the management shall be given only on a raised portion of the floor
separated by a railing or other device from the patrons so as to deter
patrons from participating in the dance.
L. It is forbidden by this section to perform live acts or simulated
acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation or any sexual acts which are prohibited by
law on the premises so licensed.
M. The actual live touching, caressing or fondling of the breasts, butt
cheeks, anus or genitals is prohibited.
N. The actual live use of simulated sexual organs during dance or performances
is prohibited.
O. Entertainers or dancers are prohibited from soliciting or serving
drinks or food while performing.
P. No person who serves beverages or food may be nude or unclothed,
which means the showing of specified anatomical areas as defined herein.
Q. No customer may pay a gratuity or consideration to an entertainer
or dancer while performing whereby the gratuity or consideration or
any part of the customer's body or clothing or any device held
or controlled by the customer comes into contact with the entertainer's
or dancer's body, clothing or any device held or controlled by
the entertainer or dancer.
R. No license holder shall permit any amateur dancing, obscene entertainment
or performances on the license holder's premises in violation
of this section or any applicable state and federal laws.
S. No adult-oriented establishment licensed under this chapter shall
be located within 750 feet of any residential area or zoned residential
district, church, school, day-care center, public park or other adult-oriented
establishment licensed under this chapter. For the purpose of this
subsection, measurement shall be made in a straight line, without
regard to the 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 herein or to the nearest portion
of the building or structure used as the part of the premises where
another sexually oriented business is conducted, whichever is applicable.
Presence of a City, county or other political subdivision boundary
shall be irrelevant for purposes of calculating and applying the distance
requirements of this subsection.
All private and public schools, as defined in Ch.
115, Wis. Stats., located within the City are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.
[Amended 4-14-2015 by Ord. No. 233]
In addition to any other actions permitted by law or taken by the Common Council, including the action of license revocation or nonrenewal, anyone who shall violate any provision of this chapter shall be subject to a penalty as provided in §
1-3 of the Code of the City of Markesan.