[HISTORY: Adopted by the Town Board of the Town of Cedarburg 7-10-2013 by Ord. No.
2013-2. Amendments noted where applicable.]
These regulations are adopted by the Town Board under the authority
granted by §§ 60.62, 61.35, 62.23(7) and 66.0103, Wis.
Stats. This chapter may be referred to as the "Adult-Oriented Establishments"
is hereby adopted as part of the Code of the Town of Cedarburg, Ozaukee
County, Wisconsin, pursuant to § 66.0103, Wis. Stats.
A.
Several studies have documented the significant adverse secondary
effects on surrounding communities caused by adult-oriented establishments.
The Town Plan Commission and Town Board have considered the following
studies, reports and cases:
(1)
The studies and reports include: Rural Hot Spots: The Case of Adult
Businesses, by Richard McCleary; Crime-Related Secondary Effects of
Sexually-Oriented Businesses, by Richard McCleary; Report by Beaumont,
Texas City Planning Department; Town of Fairhaven 1998 Report on Findings
Concerning Impacts of Sexually Oriented Business; Report to Palm Beach
County Attorney, by Valerie Jenness, Ph.D., Richard McCleary, Ph.D.,
James W. Meeker, JD, Ph.D., August 15, 2007; and Study of Calls for
Service to Adult Entertainment Establishments which Serve Alcoholic
Beverages, by Fulton County Georgia Police Department.
(2)
The cases include: City of Renton v. Playtime Theatres, Inc. 475
U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976),
FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen
Theatre, Inc. 501 U.S. 560 (1991), City of Erie v. Pap's A.M.,
120 S. Ct. 1382 (2000), East of River Enterprises II v. City of Hudson,
2000 Wisc. App. 734; Ben's Bar, Inc. v. Village of Sommerset,
2003 WL 132541 (7th Cir. 2003).
(a)
The consumption of alcoholic beverages on the premises of sexually
oriented businesses exacerbated the deleterious secondary effects
of such businesses on the community. In fact, the Supreme Court has
gone so far as to assert that "[c]ommon sense indicates that any form
of nudity coupled with alcohol begets undesirable behavior." Ben's
Bar, Inc. v. Town of Sommerset, 2003 WL 132541 (7th Cir. 2003).
(b)
The court's findings in Green Valley Investment LLC v.
County of Winnebago, 790 F.Supp.2d 947 (2011) showing reasonable regulations
of time and place restrictions do not violate the First Amendment.
B.
The Town Board recognizes these adverse secondary effects and also
recognizes the presence of alcohol in adult cabarets causes further
undesirable behavior.
C.
The Town Board believes that experiences and studies of other communities
set forth above are relevant in addressing the secondary effects of
adult-oriented establishments in the Town of Cedarburg.
D.
The regulations in this ordinance are not aimed at the content of
any speech. This ordinance has the purpose and effect of mitigating
and/or controlling the adverse secondary effects of adult-oriented
establishments while completely avoiding regulation of content.
E.
The Town Board concludes:
(1)
Adult-oriented establishments regulated by this ordinance have adverse
secondary effects.
(2)
The adverse secondary effects of adult-oriented establishments tend
to diminish if such establishments are governed by content-neutral
regulations.
(3)
The consumption of alcoholic beverages on the premises of an adult
cabaret exacerbates the secondary effects of such establishments.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any place to which the public is permitted or invited, wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled or still or motion picture machines, projectors,
or other image-producing devices are regularly 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 their
emphasis upon matters exhibiting specified sexual activities or specified
anatomical areas.
A commercial establishment that has as a significant or substantial
portion of its stock-in-trade, or derives a significant or substantial
portion of its revenues or devotes a significant or substantial portion
of its interior business or advertising, or maintains a substantial
section of its sales or display space for the sale or rental, for
any form of consideration, of any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes, compact discs, slides or other
visual representations, which are characterized by their emphasis
upon the exhibition or display of specified sexual activities or specified
anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of the user or others.
A commercial establishment may have other principal business
purposes 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 or adult video store,
so long as one of its principal business purposes is the offering
for sale or rental for consideration the specified materials that
depict or describe specified sexual activities or specified anatomical
areas. A principal business purpose need not be a primary use of an
establishment so long as it is a significant use based upon the visible
inventory or commercial activity of the establishment. This definition
shall expressly exclude films, motion pictures, videocassettes, slides
or other similar photographic reproductions given an "R" rating by
the Motion Picture Association of America.
A nightclub, dance hall, bar, restaurant, or similar commercial
establishment which regularly features:
Persons who appear seminude;
Live performances that are characterized by the exposure of
specified sexual activities or specified anatomical areas; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the exhibition or display
of specified sexual activities or specified anatomical areas.
This definition shall expressly exclude films, motion pictures,
videocassettes, slides or other similar photographic reproductions
given an "R" rating by the Motion Picture Association of America.
Any exhibition of any motion picture, videocassette, live
performance, display or dance of any type which has as its dominant
theme or is distinguished or characterized by an emphasis on any actual
or simulated specified sexual activities, specified anatomical areas,
the removal of articles of clothing or partial or total nude appearance.
An establishment including in its stock in trade for sale,
rent, lease, inspection or viewing books, films, videocassettes, novelties,
magazines or other periodicals which have as their dominant theme
or are distinguished or characterized by their emphasis on matters
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
An enclosed building with a capacity of less than 25 persons
used for presenting adult entertainment 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.
A 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, videocassettes, slides or other photographic reproductions,
which are characterized by the depiction 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.
A commercial establishment 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. This definition shall expressly exclude films, motion pictures,
videocassettes, slides or other similar photographic reproductions
given an "R" rating by the Motion Picture Association of America.
Means, but is not limited to, adult arcades, adult bookstores
or adult video stores, adult motel, adult motion picture theater,
escort agency, adult entertainment stores, adult theaters, adult mini-theaters,
adult cabarets and sexual encounter centers.
The Town Board for the Town of Cedarburg, Ozaukee County,
Wisconsin.
To require physical contact. For instance, when this chapter
prohibits an employee to receive a gratuity "directly" from a patron,
it prohibits the direct touching of skin, other body parts or clothing.
The dominant or principal theme of the object referenced.
For instance, when the phrase refers to films "which are distinguished
or characterized by an emphasis upon the exhibition or display of
specified sexual activities or specified anatomical areas," the films
so described are those whose dominant or principal character and theme
are the exhibition or display of specified sexual activities or specified
anatomical areas.
Describe and pertain to any person who performs any service
on the premises of an adult-oriented business on a full-time, part-time,
or contract basis, regardless of whether the person is denominated
as an employee, independent contractor, agent, or by another status.
"Employee" does not include a person exclusively on the premises for
repair or maintenance of the premises, or for the delivery of goods
to the premises.
A person who, for consideration, and for another person,
agrees or offers to privately model lingerie or to privately perform
a striptease.
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.
Includes any of the following:
The opening or commencement of any adult-oriented business as
a new business;
The conversion of any existing business, whether or not an adult-oriented
business, to any adult-oriented business;
The addition of any adult-oriented business to any other existing
adult-oriented business; or
The relocation of any adult-oriented business.
A person in whose name a license to operate an adult-oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license.
Any person, partnership, corporation or other organization
operating, conducting, maintaining or owning any adult-oriented establishment.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The real property upon which the adult-oriented business
is located, and all appurtenance thereto and buildings thereon, including
but not limited to the adult-oriented business grounds, the private
walkways, and parking lots and/or parking garages adjacent thereto,
under the ownership, control or supervision of the owner or operator
of the business.
A consistent or substantial course of conduct, such that
the films or performances exhibited constitute a substantial portion
of the films or performances offered as part of the ongoing business
of the adult-oriented business.
The showing of the human male or female genitals, pubic area,
vulva or anus, with not more than a complete opaque covering, or the
showing of the female breast with not more than a complete opaque
covering of any part of the nipple or areola.
A business or commercial establishment that as one of its
principal business purposes, offers for any form of consideration,
a place where two or more persons may congregate, associate, or consort
for the purpose of specified sexual activities. The definition of
sexual encounter center or any adult-oriented business shall not include
an establishment where a medical practitioner, psychologist, psychiatrist,
or similar professional person licensed by the state engages in medically
approved and recognized sexual therapy.
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on the date this chapter takes
effect.
Means and includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
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.
A.
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.
B.
No employees of an adult-oriented establishment shall allow any minor
to loiter around or to frequent an adult-oriented establishment or
to allow any minor to view adult entertainment.
C.
The operator shall maintain the adult-oriented establishment in a
clean and sanitary manner as determined by a public health official.
D.
The operator shall maintain at least 20 footcandles of light in the
public portions of the adult-oriented establishment, including aisles,
at all times.
E.
No alcohol beverage may be served or permitted on the premises at
any time.
F.
No sexual activity of any kind shall be permitted on the premises.
G.
The operator shall ensure compliance of the adult-oriented establishment
and its patrons with the provisions of this chapter and all other
applicable laws.
H.
No person licensed as an adult-oriented establishment may, in any
manner, advertise its establishment as licensed by the Town Board.
Any adult-oriented establishment having available for customers,
patrons or members, any booth, room or cubicle for the private viewing
of any adult entertainment must 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-oriented 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 or cubicles and any nonpublic areas by a wall.
(2)
Each booth shall have at least one side totally open to a lighted
public aisle so that there is an unobstructed view at all times of
anyone occupying the booth.
(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, and smooth textured.
(4)
The floor must be light colored, nonabsorbent, and smooth textured.
(5)
The lighting level of each booth, room or cubicle, when not in use,
shall be a minimum of 20 footcandles at all times, as measured from
the floor.
(6)
Only one individual shall occupy a booth, room or cubicle at any
time. No occupant shall engage in any type of sexual activity.
A.
No person may engage in, conduct or carry on the operation or maintenance
of an adult-oriented establishment without first obtaining a valid
adult-oriented establishment license issued under this chapter.
B.
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place. Any person desiring to operate
more than one adult-oriented establishment must have a license for
each adult-oriented establishment.
A.
Any person desiring to obtain an adult-oriented establishment license
shall pay the required fee set by the Board from time to time, to
defray the costs of administration and investigation of the application.
B.
Any person desiring an adult-oriented establishment license shall
file a written application with the Clerk on a form provided by the
Clerk's office. The information provided to the Clerk shall be
given under oath.
(1)
Corporation. If the applicant is a corporation, the name of the corporation
shall be set forth exactly as set forth in its articles of incorporation,
together with the date and state of incorporation, the names, residence
addresses and date of birth of each of its officers, directors and
each stockholder holding five percent or more of the stock or beneficial
ownership of the corporation. The application shall also be verified
by an officer of the corporation.
(2)
Partnership. If the applicant is a partnership, the application shall
set forth the name of the partnership, the name, residence address
and date of birth of each of the partners, including limited partners,
and shall be verified by each partner. If one or more of the partners
is a corporation, the provisions of this section pertaining to a corporate
applicant shall apply to the corporate partner.
(3)
Limited-liability company. If the applicant is a limited-liability
company (LLC), the name of the LLC shall be set forth exactly as set
forth in its articles of organization, together with the date and
state of organization, the names, residence addresses and date of
birth of each of its manager(s), officers, directors and each member
holding five percent or more of the ownership of the LLC. The application
shall also be verified by a managing member of the LLC.
(4)
Others. If the applicant is neither a corporation, partnership, nor
a LLC, the application shall set forth the true full name, residence
address and date of birth of the applicant and be verified by the
applicant. The application shall also include any other name by which
the applicant has been known during the previous five years.
C.
The application also shall set forth the proposed place of business
of the adult-oriented establishment by business address, including
suite number, not by post office box, and shall contain a description
of the nature and scope of the proposed business operation. In addition,
the following information shall be furnished concerning the applicant
if an individual; concerning each officer and director and all stockholders
who own five percent or more of the stock or beneficial ownership
if the applicant is a corporation; concerning each partner, including
limited partners, if the applicant is a partnership; and concerning
each member if the applicant is a LLC:
(1)
The previous residence address, if any, for a period of seven years
immediately prior to the date of application and the dates of such
residence.
(2)
Written proof that the individual is at least 18 years of age.
(3)
A complete set of fingerprints submitted by the applicant through
the county sheriff's department to the Clerk.
(4)
The business, occupation or employment history for seven years immediately
preceding the date of application including, but not limited to, whether
such person previously operated under any such permit or license in
another municipality in this or another state and whether any permit
or license had ever been suspended or revoked.
(5)
All convictions in any state or federal court within the past seven
years, including municipal ordinance violations, exclusive of traffic
violations, with a brief statement of the nature of the convictions
and the jurisdiction in which the convictions occurred.
(6)
All pending criminal charges in any state or federal court, with
a brief statement of the nature of the pending charges and the jurisdiction
in which the charges are pending.
(7)
The names, addresses and dates of birth of persons who will have
custody of the business records at the business location.
(8)
The name and address of the person who will be the agent for service
of process.
D.
The application shall include the proposed hours of operation and
a detailed floor plan and site plan. Plans shall include details of
all signage, temporary or permanent, inside or outside the structure.
Plans shall specify the nature, location and operation of all security
systems and devices and security personnel requirements.
E.
The Clerk shall notify the Constable, the Zoning Administrator, Chief
of the Fire Department and the building inspector of any adult-oriented
establishment license application, and these officials shall inspect
or cause to be inspected each such application and the premises to
determine whether the applicant and the premises sought to be licensed
comply with the regulations, ordinances and laws applicable thereto.
These officials shall furnish to the Town Board, in writing, the information
derived from such investigation and a statement as to whether the
applicant and the premises meet the requirements of this article within
15 business days of receipt of the application of the Town.
F.
Upon receipt of reports from all agencies listed in Subsection E of this section, or 30 days after the Clerk's notification, the application shall be placed on the next Town Board meeting agenda for consideration. The Town Board shall grant, grant with conditions, or deny a license to the applicant. The Clerk shall notify the applicant whether the application is granted or denied.
G.
Whenever an application is denied, the Clerk shall 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 Town Board meeting
for which adequate public notice may be provided.
H.
Failure or refusal of the applicant to give any information relevant
to the application, or refusal to submit to or cooperate with regard
to any information required by this chapter shall constitute an admission
by the applicant that he is ineligible for such license and shall
be grounds for denial.
The Town Board shall issue an adult-oriented establishment license
if it finds that:
A.
The required fee has been paid.
B.
The application conforms in all respects to this chapter.
C.
(Reserved)
D.
The applicant has not knowingly made a material misstatement in the
application.
E.
The applicant has supplied all the information required under § 195-11 and the information requested by the various public agencies regarding the investigation of the application.
G.
The applicant has not had an adult-oriented establishment license
or permit or other similar license or permit revoked or suspended
in this state or any other state within 10 years prior to the date
of application.
H.
The applicant, if an individual; any of the stockholders holding
five percent or more of the stock or beneficial ownership of the corporation,
and any officers, agents or directors, if the applicant is a corporation;
any of the partners, including limited partners, if the applicant
is a partnership; or any of the members holding five percent ownership
of the LLC, and any managers, officers, agents or directors, if the
applicant is a LLC, does not, at the time of application, have pending
any criminal charge for, or within 10 years prior to the date of application
has not been convicted of any offense involving dishonesty, fraud,
deceit, robbery, the use or threatened use of force or violence upon
the person of another, or sexual immorality under Wis. Stats. Ch.
944 or 948, as amended, or the laws of another state similar in nature
to Wis. Stats. Ch. 944 or 948, or other offenses, subject to Wis.
Stats. § 111.335, as amended.
I.
The applicant, if a corporation, is licensed to do business and is
in good standing in this state.
J.
All individual applicants; all stockholders holding five percent
or more of the stock or beneficial ownership, directors and officers,
if the applicant is a corporation; all partners, including limited
partners, if the applicant is a partnership; and all members holding
five percent or more of the ownership, managers, agents, directors,
and officers, if the applicant is a LLC, are at least 18 years of
age.
The adult-oriented establishment license shall be displayed
in a conspicuous public place within five feet of the entrance of
the adult-oriented establishment.
A.
Any corporation, partnership, or LLC holding an adult-oriented establishment
license under this chapter shall report to the clerk, in writing,
within 10 days of the event described in this section, any of the
following:
(1)
Any change of officers of the corporation.
(2)
Any change in the membership of the board of directors of the corporation.
(3)
Any change in the partners of the partnership.
(4)
Any change of managing partners of the partnership.
(5)
Any change of managers, officers, or directors of the LLC.
(6)
Any change in the membership of the LLC.
(7)
Any change of address of any officer, director, stockholder holding
more than five percent of the stock, agent for service of process,
partner, limited partner, manager, officer, director, members holding
more than five percent ownership of the LLC, or individual applicant.
Upon the sale or transfer of ownership or control of any interest
in an adult-oriented establishment, the license shall be void. Any
person desiring to continue to operate an adult-oriented establishment
following sale or transfer shall apply for a new license.
A.
Every license issued pursuant to this chapter will terminate at the expiration of one year from the date of issuance unless sooner revoked and must be renewed before operation is allowed in the following year. All applications for the renewal of adult-oriented establishment licenses issued by the Town shall be filed with the Clerk's office on a form to be provided by the Clerk no later than 60 days prior to the expiration of the license. The renewal application shall contain such information and data, given under oath or affirmation, as is required for an application for a new license. Applications to renew licenses shall be processed by the Town in the same fashion as new applications. No license shall be renewed without a reinspection of the premises as required under § 195-11E.
B.
A license renewal fee of $250 shall be submitted with the renewal
application. In addition to the renewal fee, a late penalty of $100
shall be assessed against any applicant who files for renewal less
than 60 days before the license expires. If the application is denied,
one-half of the total fees collected shall be returned.
A.
Any adult-oriented establishment license may be suspended for not
more than 90 days or revoked by the Town Board for any of the following
reasons:
(1)
Any of the grounds that would warrant the denial of the original
application for the license.
(2)
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application.
(3)
The operator or any employee of the operator violates any provision
of this chapter or any rules or regulations adopted by the Town Board
pursuant to this chapter; provided, however, that in the case of a
first offense by an operator where the conduct was solely that of
an employee, the penalty shall not exceed a suspension of 90 days
if the Town Board shall find that the operator had no actual or constructive
knowledge of such violation and could not, by the exercise of due
diligence, have had such actual or constructive knowledge.
(4)
The operator becomes ineligible to obtain a license or permit.
(5)
Any cost or fee required to be paid by this chapter is not paid.
(6)
Any intoxicating liquor or fermented malt beverage is served or consumed
on the premises of the adult-oriented establishment.
(7)
The establishment is operated outside of operation hours established
by the Town Board.
(8)
There is any substantial change in the floor plan, site plan and
sign plan approved by the Town Board without the approval of the Board.
B.
Adult-oriented establishment license may be suspended or revoked
after notice and hearing before the Town Board to determine if grounds
for such suspension or revocation exist. Notice of the hearing shall
be in writing and may be personally served on the licensee or served
by certified mail addressed to the licensee at the current address
of the licensee on file with the Clerk's office. The notice shall
be served at least seven days prior to the date of hearing. The notice
shall state the grounds of the complaint against the licensee and
shall designate the date, hour and the place where the hearing will
be held.
C.
Any operator whose license is revoked shall not be eligible to receive
a license for two years from the date of revocation. No location or
premises for which a license has been revoked shall be used as an
adult-oriented establishment for six months from the date of revocation
of the license.
D.
Any operator whose license is revoked a second time shall be ineligible
to receive a license for 10 years from the date of revocation. No
location or premises for which a license has been revoked shall be
used as an adult-oriented establishment for five years from the date
of the second revocation of the license.
A.
No adult-oriented business shall be located:
(1)
Within 500 feet of an existing adult-oriented business;
(2)
Within 500 feet of any residential dwelling, included but not limited
to houses, apartments, condominiums, or flats;
(3)
Within 500 feet of any preexisting place of worship, including but
not limited to any church, synagogue, mosque, temple or building which
is primarily used for religious worship and related religious activities;
(4)
Within 500 feet of any public or private educational facility, including
but not limited to any child day-care establishments, nursery schools,
preschools, kindergartens, elementary schools, junior high schools,
middle schools, high schools, vocational schools, secondary schools,
continuation schools, special education schools, junior colleges and
universities. "School" includes the school grounds, but does not include
facilities used primarily for another purpose and only incidentally
at a school;
(5)
Within 500 feet from any public park or recreational area which has
been designated for park or recreational activities, including but
not limited to a park, a playground, nature trails, swimming pool,
reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle
paths, wilderness areas, or other similar public land within the Town
which is under the control, operation or management of the Town and
recreational authorities;
(6)
Within 500 feet of any premise that in any manner sells or disperses
alcohol or is licensed pursuant to the alcoholic beverage control
regulations of the state; or
(7)
Within 500 feet of any preexisting business that has minor children
as a significant portion its on-site customers, including but not
limited skating facilities, riding arenas, and bowling alleys.
B.
For the purposes of this section, distances are to be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult-oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection A. The presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
A.
It shall be prohibited in an adult-oriented business for a person
to appear in a state of nudity or engage in specified sexual activities.
B.
It shall be prohibited in an adult-oriented business to appear in
a seminude condition, unless the person is an employee, who, while
seminude, is at least five feet from any patron or customer and on
a stage at least two feet from the floor.
C.
It shall be prohibited for an employee, while seminude in an adult-oriented
business, to receive directly any pay or gratuity from any patron
or customer, or for any patron or customer to pay or give any gratuity
directly to any employee, while that employee is seminude in an adult-oriented
business.
D.
It shall be prohibited in an adult-oriented business to serve, sell,
use, possess, provide or consume any intoxicating liquor, malt beverage
or any other alcoholic beverage.
A.
No adult-oriented business, except for an adult motel, shall be open
between the hours of 12:00 a.m. (midnight) and 8:00 a.m., Monday through
Saturday, and between the hours of 12:00 a.m. (midnight) and 12:00
p.m. (noon) on Sunday.
B.
All adult-oriented businesses shall be open to inspection at all
reasonable times by the Ozaukee County Sheriff's Department,
Town Constable, Town Administrator, Town Zoning Administrator and
the Town Building Inspector.
The provisions of this chapter do not apply to the following
establishments: theaters, performing arts centers, civic centers,
and dinner theaters where live dance, ballet, music and dramatic performances
of serious artistic merit are offered on a regular basis; and in which
the business or attraction is not the offering of entertainment which
is intended for sexual interests or titillation of customers; and
where the establishment is not distinguished by an emphasis on or
the advertising or promotion of nude or seminude performances. While
expressive live nudity may occur within these establishments, this
ordinance seeks only to minimize and prevent the secondary effects
of adult-oriented businesses on the community. Negative secondary
effects have not been associated with the establishments referenced
in this section.
A person who operates or causes to be operated an adult-oriented
business without a valid license or in violation of this chapter is
subject to a suit for injunction as well as municipal prosecution.
Such violation shall be punishable by a forfeiture of not less than
$500 nor more than $1,000, plus court costs. Each day an adult-oriented
business operates as such constitutes a separate offense or violation.
Chapter 68 of the Wisconsin Statutes concerning municipal administrative
procedure shall govern the administrative procedure and review concerning
the granting, denial, renewal or nonrenewal of a permit or a license.
A request for an initial determination shall be made by an aggrieved
person pursuant to the provisions contained in Wis. Stat., § 68.08,
to the Town Clerk. An administrative appeal pursuant to the provision
contained in Wis. Stat., § 68.10, may be made by an aggrieved
person to the Board of Appeals and a hearing shall be held by the
Board of Appeals pursuant to Wis. Stat., § 68.11. Any party
to a proceeding resulting in a final determination may seek judicial
review pursuant to the provisions contained in Wis. Stat. § 68.13.
The several sections and portions of this chapter are declared
to be severable. If any section or portion thereof shall be declared
by a court of competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specific or portion thereof
directly specified in the decision, and shall not affect the validity
of any other provisions, sections or portions thereof of the ordinance.
The remainder of the ordinance shall remain in full force and effect.
Any other ordinances whose terms are in conflict with the provisions
of this ordinance are hereby repealed as to those terms that conflict.
