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.
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.
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.