[HISTORY: Adopted by the Common Council of the City of Brodhead
as Title 7, Ch. 10, of the 1997 Code. Amendments noted where applicable.]
The following definitions shall be applicable in this chapter:
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.
A cabaret which features topless dancers, strippers, male
or female impersonators or similar entertainers.
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.
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.
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.
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.
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
Simulated or actual:
A.
Except as provided in Subsection D below, from and after the effective date of this chapter, no adult-oriented establishment shall be operated or maintained in the City without having procured a license as provided in this chapter and having further complied with all statutes, ordinances and regulations of the state, county and City applicable thereto.
B.
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place. Any person who desires to operate
more than one adult-oriented establishment must have a license for
each.
C.
No license or interest in a license may be transferred to any person.
D.
All adult-oriented establishments existing at the time of the passage
of this chapter must submit an application for a license within 90
days of the passage of this chapter. If an application is not received
within such ninety-day period, then such existing adult-oriented establishment
shall cease operations.
A.
Any person desiring to secure a license shall make application to
the City Clerk-Treasurer. The application shall be filed in duplicate
with and dated by the City Clerk-Treasurer. A copy of the application
shall be distributed promptly by the City Clerk-Treasurer to the applicant.
B.
The application for a license shall be upon a form provided by the
City Clerk-Treasurer. An applicant for a license interested directly
in the ownership or operation of the business shall furnish the following
information under oath:
(1)
Name and address, including all aliases.
(2)
Written proof that the individual is at least 18 years of age.
(3)
The address of the adult-oriented establishment to be operated by
the applicant.
(4)
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
the name and address of the registered agent, the name and address
of all shareholders owing more than 5% of the stock in such corporation
and all officers and directors of the corporation.
(5)
Applications shall be signed and sworn to by the applicant as provided
by § 887.01, Wis. Stats.
(6)
Applicants must provide a copy of their seller's permit, along
with their application, as proof that they are in good standing for
sales tax purposes before they may be issued a license.
(7)
Any false statement contained in such application shall automatically
nullify any license pursuant thereto.
(8)
If any fact given in an application subsequently changes, the licensee
shall file a notice in writing of such change with the Clerk-Treasurer
within 10 days.
A.
The Chief of Police shall make an investigation of the applicant
to determine whether the applicant possessed the qualifications necessary
for issuance of a license under this chapter within 14 days of receiving
an application.
B.
The Fire Chief and Building Inspector shall inspect the premises
proposed to be licensed to determine whether such premises conforms
to this chapter and with the ordinances of the City and the laws of
the state and any administrative regulations which are applicable
which have been issued by the state or any agency of the state within
14 days of receiving an application.
C.
Each of the above officers shall file written reports to the Clerk-Treasurer.
If any such report is unfavorable, a copy thereof shall be mailed
to the applicant together with a notice of the next regularly scheduled
Public Safety Committee meeting.[1]
D.
Each application shall be referred by the City Clerk-Treasurer to
the Public Safety Committee, which shall make such additional investigation
as to the advisability of granting such license as may be necessary
or desirable. The Public Safety Committee shall recommend grant or
denial of the license by the Common Council.[2]
E.
No license shall be granted under this chapter until the Council
shall authorize the same.
F.
Failure or refusal of the applicant to give any information relevant
to the investigation of the application, or his refusal or failure
to appear at any reasonable time and place for examination under oath
regarding such application, or his refusal to submit to or cooperate
with any investigation required by this chapter, shall constitute
an admission by the applicant that he is ineligible for such license
and shall be grounds for denial thereof by the Common Council.
G.
Whenever an application is denied, the City Clerk-Treasurer 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 before the next regularly
scheduled Common Council meeting as hereinafter provided.
To receive a license to operate an adult-oriented establishment,
an applicant must meet the following standards:
B.
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.
A.
The Common Council shall revoke a license or permit for any of the
following reasons:
(1)
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application.
(2)
The operator or any employee of the operator violates any provision
of this chapter or any rule of regulation adopted by the Common Council
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 30 days
if the Common Council 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.
(3)
The operator becomes ineligible to obtain a license or permit.
(4)
Any cost or fee required to be paid by this chapter is not paid.
(5)
Any intoxicating liquor or cereal malt beverage is served or consumed
on the premises of the adult-oriented establishment.
B.
The Common Council before revoking or suspending any license or permit
shall give the operator at least 10 days' written notice of the
charges against him and the opportunity for a public hearing before
the Common Council as hereinafter provided.
C.
The transfer of a license or any interest in a license shall automatically
and immediately revoke the license.
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.
A.
The operator shall maintain a register of all employees, showing
the name and aliases used by the employee, home address, age, birth
date, sex, height, weight, color of hair and eyes, phone numbers,
social security number, date of employment and termination and duties
of each employee. The above information on each employee shall be
maintained in the register on the premises for a period of three years
following termination.
B.
The operator shall make the register of employees available immediately
for inspection by police upon demand of a member of the Police Department
at all reasonable times.
C.
Every act or omission by an employee constituting a violation of
the provisions of this chapter shall be deemed the act or omission
of the operator if such act or omission occurs, either with the authorization,
knowledge or approval of the operator or as a result of the operator's
negligent failure to supervise the employee's conduct, and the
operator shall be punishable for such act or omission in the same
manner as if the operator committed the act or caused the omission.
D.
Any act or omission of any employee constituting a violating 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.
E.
No employee of an adult-oriented establishment shall allow any juvenile
to loiter around or to frequent an adult-oriented establishment or
to allow any juvenile to view adult entertainment as defined herein.
F.
The operator shall maintain the premises in a clean and sanitary
manner at all times.
G.
The operator shall maintain at least ten footcandles of light in
the public portions of the establishment, including aisles, at all
times. However, if a lesser level of illumination in the aisles shall
be necessary to enable a patron to view the adult entertainment in
a booth, room or cubicle adjoining an aisle, a lesser amount of illumination
may be maintained in such aisles; provided, however, at no time shall
there be less than one footcandle of illumination in such aisles as
measured from the floor.
H.
The operator shall insure compliance of the establishment and its
patrons with the provisions of this chapter.
I.
All employees of the establishment are to be at least 18 years of
age.
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.
