[HISTORY: Adopted by the Village Board of the Village of East Troy 4-3-2000 by Ord. No. 2000-2 as Title 7, Ch. 8, of the 2000 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Intoxicating liquor and fermented malt beverages — See Ch. 305.
Peace and good order — See Ch. 366.
Zoning — See Ch. 510.
For purposes of this chapter, the following terms have the meanings indicated:
ADULT BATHHOUSE
An establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, which is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin, and which establishment provides to its patrons an opportunity for engaging in specified sexual activities, as defined in this chapter.
ADULT BODY PAINTING STUDIO
An establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this chapter, "adult body painting studio" shall not be deemed to include a tattoo parlor.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of 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 related to specified anatomical areas or specified sexual activities, as defined below, or an establishment with a segment or section devoted to the sale, rental or display of such material.
ADULT CABARET
A cabaret which features dancers, strippers, male or female impersonators, or similar entertainers performing or presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, any actual or simulated specified sexual activities or specified anatomical areas, as defined below.
ADULT ENTERTAINMENT
Any exhibition of any motion pictures, live performances, 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 defined below.
ADULT MASSAGE PARLOR
An establishment or business, with or without sleeping accommodations, which provides services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the State of Wisconsin, and which establishment provides for its patrons the opportunity to engage in specified sexual activity, as defined in this chapter.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of fewer than 50 persons used for presenting material having as its dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or related to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
ADULT MODELING STUDIO
An establishment or business which provides the service of modeling for the purpose of reproducing the human body wholly or partially in the nude, by means of photography, painting, sketching, drawing or otherwise.
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 below, for observation by patrons therein.
ADULT NOVELTY SHOP
An establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items, including but not limited to movies, tapes, videos, books, etc., which are distinguished or characterized by their emphasis on, or designed for, specified sexual activity, or simulating such activity, as defined herein.
ADULT-ORIENTED ESTABLISHMENT
Any premises, including, without limitation, adult bathhouses, adult body painting studios, adult bookstores, adult cabarets, adult massage parlors, adult mini motion-picture theaters, adult modeling studios, adult motion-picture theaters or adult novelty shops. It further means any premises to which public patrons or members are invited or admitted and which is physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common area of the premises for the purpose 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. "Adult-oriented establishment" further includes, without limitation, any premises 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.[2]
BOOTHS/CUBICLES/ROOMS/COMPARTMENTS/STALLS
Enclosures that 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 enclosure. This 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," "cubicle," "room," "compartment" or "stall" 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 person other than employees, nor shall this definition apply to hotels, motels, or other similar establishments licensed by the State of Wisconsin, pursuant to Wisconsin law.
ENTERTAINER
A dancer, stripper, impersonator or similar performer referred to in the definition of "adult cabaret" in this section.
OPERATOR
Any person, association, 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, perineum, buttocks, or female breasts below the point immediately above the top of the areola.
B. 
Human male genitals in a discernibly 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, buttocks or female breasts.
[1]
Editor's Note: Original § 7-8-1, Purpose, which immediately preceded this section, was repealed 6-15-2015 by Ord. No. 2015-02.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
License.
(1) 
Except as provided below, from and after the effective date of this chapter, no adult-oriented establishment shall be operated or maintained in the Village of East Troy without first obtaining a license to operate issued by the Village of East Troy Board.
(2) 
A license may be issued only for one adult-oriented establishment located at a fixed and certain location. Any person who desires to operate more than one adult-oriented establishment must have a license for each.
(3) 
No license or interest in a license may be transferred to any person.
(4) 
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 said ninety-day period, then such existing adult-oriented establishment shall cease operations.
B. 
Application for license. Any person, partnership or corporation desiring to secure a license shall make application to the Village Clerk. The application shall be dated by the Village Clerk. A copy of the application shall be distributed promptly to the Village of East Troy Police Department. The application for a license shall be upon a form provided by the Village Clerk. An applicant for a license interested directly in the ownership or operation of the business shall furnish the following information, under oath:
[Amended 12-16-2019 by Ord. No. 2019-02]
(1) 
The name and address of the intended operator.
(2) 
The name and address of the owner of the premises, if different from the operator.
(3) 
The name and address of the adult-oriented establishment to be operated by the applicant.
(4) 
Written proof that the individual is at least 18 years of age.
(5) 
The address of the adult-oriented establishment to be operated by the applicant, and the exact nature of the adult-oriented use to be conducted at the address.
(6) 
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 agents, and the name and address of all shareholders who individually or jointly own or control more than 49% of the stock in said corporation, and all persons responsible for the management and operation of the adult-oriented establishment.
(7) 
If the establishment is in operation, the date on which the owner acquired the establishment for which the license is sought and the date on which the establishment began operations as an adult-oriented business at the location for which the license is being sought.
(8) 
If the establishment is a corporation, a certified copy of the articles of incorporation and a certified copy of a certificate of good standing, disclosing that the corporation is authorized to transact business in the State of Wisconsin.
(9) 
Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of a recorded deed.
(10) 
If the operator is not the fee owner of the tract of land, then the lease, purchase contract, purchase option contract, lease option contract, or other documents evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract of land for the establishment.
(11) 
If the applicant is a partnership or joint venture, or any other type of organization where two or more persons have a financial interest, the application shall specify the name of the entity, the name and address of any general partner(s) and all persons responsible for the management and operation of the adult-oriented establishment.
C. 
Issuance or denial.
[Amended 12-16-2019 by Ord. No. 2019-18]
(1) 
Within 60 days of receiving an application for a license, the Village Clerk shall notify the applicant whether the application is granted or denied, or being held for up to an additional 60 days, unless otherwise agreed to by the applicant.
(2) 
Whenever an application is denied, the Village 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 before the Village Board.
(3) 
Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his/her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, or his/her refusal to submit to or cooperate with any investigation required by this chapter, shall constitute an admission by the applicant that he/she is ineligible for such license and shall be grounds for denial thereof by the Village Clerk.
D. 
Standards for issuance of license. To receive a license to operate an adult-oriented establishment, an application must meet the following standards:
(1) 
If the applicant is an individual:
(a) 
The applicant shall be at least 18 years of age.
(b) 
The applicant shall not have been found to have previously violated this chapter or an ordinance of like terms in another jurisdiction, or have been arrested or convicted for a violation for which license may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
(2) 
If the applicant is a corporation:
(a) 
All persons required to be named under Subsection B above shall be at least 18 years of age.
(b) 
No person required to be named under Subsection B above shall have been found to have previously violated this chapter or an ordinance of like terms in another jurisdiction, or have been arrested or convicted for a violation for which license may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
(3) 
If the applicant is a partnership, joint venture or any other type of organization where two or more persons have a financial interest:
(a) 
All persons required to be named under Subsection B(11) shall be at least 18 years of age.
(b) 
No person required to be named under Subsection B(11) shall have been found to have violated any provision of this chapter or any ordinance of like terms in another jurisdiction, or have been arrested or convicted for a violation for which license may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
E. 
Fees. A license fee set by the Village Board shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned.
[Amended 6-15-2015 by Ord. No. 2015-02]
F. 
Display of license.
(1) 
The license shall be displayed in a conspicuous public place in the adult-oriented establishment.
(2) 
Any licenses of employees or agents that work in said establishment that relate to this license or establishment shall be displayed with the adult establishment license.
G. 
Renewal of license.
(1) 
Every license issued pursuant to this chapter will terminate at the expiration of one year from the date of issuance or the following June 30, whichever is earlier, unless sooner revoked, and must be renewed before operation is allowed in the following fiscal year. Any operator desiring to renew a license shall make application to the Village Clerk. The application for renewal must be filed not later than 90 days before the license expires. The application for renewal shall be filed with and dated by the Village Clerk. A copy of the application for renewal shall be distributed promptly to the East Troy Police Department. The Clerk shall require complete information and data, given under oath or affirmation, as is required for an application for a new license.
[Amended 12-16-2019 by Ord. No. 2019-02]
(2) 
A license renewal fee set by the Village Board shall be submitted with the application for renewal. In addition to the renewal fee, a late fee set by the Village Board shall be assessed against an applicant who files for a renewal less than 90 days before the license expires. If the application is denied, 1/2 of the total fees collected shall be returned.
[Amended 6-15-2015 by Ord. No. 2015-02]
H. 
Suspension or revocation of license.
(1) 
The Village Board may revoke a license for any of the following reasons:
(a) 
Discovery that false or misleading information or data was given on any application, or material facts were omitted from any application.
(b) 
The operator or any employee of the operator violated any provision of this chapter or any rule or regulation adopted by the Village 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 60 days, if the Village 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 such actual or constructive knowledge.
(c) 
The operator becomes ineligible to obtain a license.
(d) 
Any cost or fee required to be paid by this chapter is not paid.
(e) 
Any intoxicating liquor or fermented malt beverage is served or consumed on the premises of the adult-oriented establishment, unless the premises has a liquor license and all appropriate zoning and conditional use permits.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The Village Board, before revoking or suspending any license or permit, shall give the operator at least 10 days' written notice of the charges against the operator and the opportunity for a public hearing before the Village Board.
(3) 
The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
(4) 
Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult-oriented establishment for six months from the date of revocation of the license.
A. 
Exterior. It shall be unlawful for an owner or operator of an adult-oriented establishment:
(1) 
To allow the merchandise or activities of the establishment to be visible from a point outside the establishment.
(2) 
To allow the exterior portion of the adult-oriented establishment to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner, except to the extent permitted by this chapter.
(3) 
To allow exterior portions of the establishment to be painted in a color other than a single color.
B. 
Signage. The operator shall comply with Chapter 510, Zoning, Article XV, Signage Regulations. In addition, the display surfaces of the sign shall not contain any flashing lights or photographs, silhouettes, drawings, or pictorial representations of any manner, except for the name of the enterprise.
C. 
Booth/room/cubicle. Any adult-oriented establishment having available for customers, patrons or members a booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements:
(1) 
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.
(2) 
Construction. Every booth, room or cubicle shall meet the following construction requirements:
(a) 
Each booth, room or cubicle shall be separated from adjacent booths, rooms or cubicles and any nonpublic areas by a wall.
(b) 
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.
(c) 
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.
(d) 
The floor must be light colored, nonabsorbent, smooth textured and easily cleanable.
(e) 
The lighting level of each booth, room or cubicle, when not in use, shall be a minimum of 10 footcandles at all times, as measured from the floor.
(3) 
Occupants. Only one individual shall occupy a booth, room or cubicle at any time. No occupants 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.
D. 
Responsibilities of the operator.
(1) 
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 by omission.
(2) 
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 the purpose of determining whether the operator's license shall be revoked, suspended or renewed.
(3) 
No operator or employee of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or allow any minor to view adult entertainment as defined herein.
(4) 
The operator shall maintain the premises in a clean and sanitary manner at all times.
(5) 
The operator shall maintain at least 10 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, that at no time shall there be less than one footcandle of illumination in said aisles, as measured from the floor.
(6) 
The operator shall ensure compliance of the establishment and its patrons with the provisions of this chapter.
(7) 
No operator shall suffer, allow or permit any employee or performer to touch, and no employee or performer shall intentionally touch, the clothed or unclothed body of any patron or customer at the establishment premises, at any point below the neck and above the knee of the person, excluding that part of the person's arm below the wrist, commonly referred to as the hand. It shall further be unlawful for any patron or customer in or upon the establishment premises to touch any portion of the clothed or unclothed body of an operator, employee or performer below the neck and above the knee, excluding that part of the operator's, employee's or performer's arm below the wrist.
E. 
Display of chapter. This chapter shall be displayed on the exterior of every licensed premises with such chapter to be clearly visible to patrons entering the premises from the outside and shall be posted within eight feet of any exterior entryway. This chapter shall also be placed in each room and any enclosed location or booth within an establishment licensed under this chapter. The Village Board may, by formal motion or resolution, authorize the posting of an abbreviated form of this chapter, so as to notify patrons, employees and operators of the regulations stated in this section. The exterior signs shall be in block letters, written in black on a white background surface, and be no less than one inch in size. The interior signs shall be of a similar type and color, with a minimum height of 1/2 inch each. Upon application of the owner, abbreviated versions of this chapter may be posted or other amendments to this section may be approved, consistent with the intent of this chapter in keeping affected persons apprised of the requirements of this chapter.
A. 
Any person desiring to provide entertainment in the Village of East Troy as an entertainer at any facility governed by this chapter, before engaging in any such entertainment, shall register at the Village of East Troy Police Department. The individual shall provide full name and permanent address, date and place of birth, information concerning height, weight, hair and eye color, gender and race, two forms of identification, with at least one form being photo identification, confirming such information, fingerprints, stage name and booking agent, if any, accompanied by a fee set by the Village Board. Such registration shall be valid for one year from date of registration or, if employed by an establishment holding a liquor license, such registration shall be valid until June 30 following issuance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Upon registration, the Police Department will provide to each registered entertainer an identification card containing the individual's photograph. Upon request of any law enforcement officer, this identification card shall be made available for inspection, at any time the individual is performing duties upon the premises. A duplicate original shall be displayed at the licensed premises.
C. 
No person shall permit entertainment by an individual subject to this section without prior registration, as required in Subsection A above.[2]
[2]
Editor's Note: Original § 7-8-6, Administrative procedure and review, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Ch. 6, Administrative Review.
All private schools and public schools as defined in Ch. 115, Wis. Stats., located within the Village of East Troy are exempt from obtaining a license hereunder when instructing pupils in professional nursing care or human growth and development as a part of their curriculum. All licensed medical care or professional nursing care facilities located within the Village of East Troy, and agents of the Village of East Troy and Walworth County Health Department, are exempt from obtaining a license hereunder when engaged in the providing of medical care or human growth and development education.
In addition to all other remedies available in the Village in equity and under law, any person who shall violate any provision of this chapter, or who shall fail to obtain a license or permit as required hereunder, or who shall operate after his/her license is revoked, shall be subject to penalty, on a per diem or per occurrence basis, as provided in § 1-4 of this Code. Any violation of this chapter is deemed to be a public nuisance, and the Village Board may seek to enjoin or otherwise obtain relief and remedy of such violation in addition to any forfeiture action.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).