The following definitions shall be applicable in this chapter:
ADULT BOOKSTORE
An establishment having as its stock-in-trade for sale, rent,
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 specific
sexual activities or specified anatomical areas, as defined herein,
and in conjunction therewith, have facilities for the presentation
of adult entertainment as herein defined, including adult-oriented
film, movies or live performances, for observation by patrons therein.
ADULT CABARET
A cabaret which features topless dancers, strippers, 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 its dominant theme or is
distinguished or characterized by an emphasis on any actual or simulated
specified sexual activities or specified anatomical areas as herein
defined or the removal of articles of clothing or appearing partially
or totally nude.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons
used for presenting material 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
as herein defined for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
used for presenting material 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
as defined herein for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENT
Includes, but is not limited to, adult bookstores, adult
motion-picture theaters, adult mini motion-picture establishments
or adult cabaret and further means any premises to which public patrons
or members are invited or admitted and which are so physically arranged
so as to provide booths, cubicles, rooms, compartments or stalls separate
from the common areas of the premises for the purposes of viewing
adult-oriented motion pictures or wherein an entertainer provides
adult entertainment to a member of the public, a patron or a member,
whether or not such adult entertainment is held, conducted, operated
or maintained for a profit, direct or indirect.
OPERATORS
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttocks and female breast below a point immediately above
the top of the areola.
B.
Human male genitals in a discernible turgid state, even if opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES
Simulated or actual:
A.
Showing of human genitals in a state of sexual stimulation or
arousal.
B.
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
C.
Fondling or erotic touching of human genitals, pubic region,
buttock or female breasts.
To receive a license to operate an adult-oriented establishment,
an applicant must meet the following standards:
A. If the applicant is an individual:
(1) The applicant shall be at least 18 years of age.
(2) The applicant shall not have been found to have previously violated
this chapter within five years immediately preceding the date of the
application.
B. If the applicant is a corporation:
(1) All officers, directors and stockholders required to be named under §
165-3B shall be at least 18 years of age.
(2) No officer, director or stockholder required to be named under §
165-3B shall have been found to have previously violated this section within five years immediately preceding the date of the application.
C. If the applicant is a partnership, joint venture or any other type
of organization where two or more persons have a financial interest,
all persons having a financial interest in the partnership, joint
venture or other type of organization shall be at least 18 years of
age.
The license shall be displayed in a conspicuous public place
in the adult-oriented establishment.
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. Any operator desiring to renew a license shall make application
to the City Clerk-Treasurer. The application for renewal must be filed
no later than 60 days before the license expires. The application
for renewal shall follow the same procedure as an original application.
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. Access. 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. 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 and cubicles and any nonpublic areas by a wall.
(2) 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 than 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 ten 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.
Chapter 68, Wis. Stats., shall govern the administrative procedure
and review regarding the granting, denial, renewal, nonrenewal, revocation
or suspension of a license.
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.
City law enforcement officers, Building Inspectors and Fire
Inspectors shall have the authority to enter any adult-oriented establishment
at all reasonable times to inspect the premises and enforce this chapter.