Definitions. As used
in this section, the following terms shall have the meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited where
coin-operated, slug-operated, or for any form of consideration, electronically,
electrically, or mechanically controlled still or motion picture machines,
projectors, video or laser disc players, or other image-producing
devices are 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 the depicting or describing of specified sexual
activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
1.
A commercial establishment which has a significant or substantial
portion of its stock-in-trade or a significant or substantial portion
of its revenues or devotes a significant or substantial portion of
its interior business or advertising to the sale or rental for any
form of consideration of any one or more of the following:
a.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes, DVDs, or video or digital
reproductions, slides, or other visual representations which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas; or
b.
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
2.
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, adult novelty store,
or adult video store. Such other business purposes will not serve
to exempt such commercial establishments from being categorized as
an adult bookstore, adult novelty store, 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 which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
3.
Video stores that sell and/or rent only videotapes, DVDs or
other photographic or computer-generated reproductions, and associated
equipment, shall come within this definition if 20% or more if its
stock-in-trade or revenues comes from the rental or sale of video
tapes, DVDs, or other photographic reproductions or associated equipment
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
1.
Persons appearing in: a state of nudity; or attire that is limited
to that which fully and opaquely covers human male or female genitals,
pubic area, vulva, anus, anal cleft and cleavage, and the entire nipple
and areola of the female breast.
2.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
3.
Films, motion pictures, videocassettes, DVDs, slides or other
photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
1.
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, DVDs, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; and
has a sign visible from the public right-of-way which advertises the
availability of this adult type of photographic reproductions;
2.
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
3.
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
ADULT MINI MOTION-PICTURE THEATER
An enclosed establishment with a capacity of less than 50
persons used for regularly featuring materials having as their 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.
ADULT MOTION-PICTURE THEATER
An enclosed establishment with a capacity of 50 or more persons
where, for any form of consideration, films, motion pictures, videocassettes,
DVDs, slides, or similar photographic reproductions are regularly
featured which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
BOOTH, ROOM, or CUBICLE
Such enclosures as are specifically offered to the public
or members of a sexually oriented business 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 enclosure;
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"
do not mean 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 available to the
public or members of the establishment for hire or for a fee or for
the purpose of viewing entertainment for a fee, are not open to any
persons other than employees; nor shall this definition apply to hotels,
motels, or other similar establishments licensed by the State of Wisconsin.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
EMPLOYEE
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is designated an employee, independent contractor,
agent or otherwise and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. "Employee"
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment on the premises, or for the
delivery of goods to the premises.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
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.
ESTABLISHMENT
Includes any of the following:
1.
The opening or commencement of any sexually oriented business
as a new business;
2.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
3.
The additions of any sexually oriented business to any other
existing sexually oriented business; or
4.
The relocation of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity,
or who displays specified anatomical areas and is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration. "Nude
model studio" shall not include a proprietary school licensed by the
State of Wisconsin or a college, junior college or university supported
entirely or in part by public taxation; a private college or university
which maintains and operates educational programs in which credits
are transferable to a college, junior college, or university supported
entirely or partly by taxation; or in a structure:
1.
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing;
2.
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
3.
Where no more than one nude or model is on the premises at any
one time.
NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of the entire nipple and areola, or the showing of
the covered male genitals in a discernibly turgid state.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
PUBLIC INDECENCY
A person knowingly or intentionally, in a public place:
1.
Engages in sexual intercourse;
2.
Engages in deviant sexual conduct;
3.
Appears in a state of nudity; or
4.
Fondles the genitals of another person.
PUBLIC PLACE
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. "Public places"
include, but are not limited to: streets, sidewalks, parks, beaches,
business and commercial establishments (whether for-profit or not-for-profit
and whether open to the public at large or where entrance is limited
by a cover charge or membership requirement), bottle clubs, hotels,
motels, restaurants, night clubs, country clubs, cabarets and meeting
facilities utilized by religious, social, fraternal or similar organizations.
Premises used solely as a private residence, whether permanent or
temporary in nature, shall not be deemed to be a public place. "Public
place" shall not include enclosed single-sex public rest rooms, enclosed
single-sex functional showers, locker and/or dressing room facilities,
enclosed motel rooms and hotel rooms designed and intended for sleeping
accommodations, doctors' offices, portions of hospitals and similar
places in which nudity or exposure is necessarily and customarily
expected outside of the home and the sphere of privacy constitutionally
protected therein. "Public place" does not include a private facility
which has been formed as a family-oriented clothing optional facility,
properly licensed by the state.
REGULARLY FEATURES or REGULARLY FEATURING
That the content or activities that are described as being
regularly featured by a sexually oriented business are the permanent
focus of its business and are given special prominence by the business
on a permanent basis.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
1.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
2.
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion-picture theater,
adult theater, escort agency, nude model studio, or sexual encounter
center.
SPECIFIED ANATOMICAL AREAS
1.
The human male genitals in a discernibly turgid state, even
if completely and opaquely covered; or
2.
Less than fully and opaquely covered human genitals, pubic area,
vulva, anus, anal cleft or cleavage or the female breast with less
than a fully opaque covering of the entire nipple and areola.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
1.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
2.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
3.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
1 and
2 of this definition above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Any of the following:
1.
The sale, lease, or sublease of the business;
2.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
3.
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.