As used in this chapter, the following terms shall have the
meanings indicated:
ADULT ENTERTAINMENT
Any exhibition of any motion pictures, live performance,
display or dance of any type which has as a significant or substantial
portion of such performance based on or is distinguished or characterized
by an emphasis on sex and/or sexual gratification, or any actual or
simulated performance of specified sexual activities, or exhibition
and viewing of specified anatomical areas, as defined herein, appearing
unclothed, or the removal of articles of clothing to reveal specified
anatomical areas.
ADULT BATH HOUSE
An establishment or business which provides the service of
baths of all kinds, including all forms and methods of hydrotherapy,
that 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 herein.
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
Means, but shall not be limited to, an establishment having
as a substantial or significant portion of its stock and trade in
books, magazines, and other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing, or
relating to specified anatomical areas or specified sexual activities.
An "adult bookstore" shall also include, but not be limited to, establishments
which have a facility or facilities, including, but not limited to,
booths, cubicles, rooms or stalls, for the presentation of adult entertainment,
as defined herein, including adult-oriented films, movies or live
performances for observation by patrons therein, or which, as part
of its regular and substantial course of conduct, offers for sale,
rent, trade, lease, inspection or viewing books, films, video cassettes,
magazines or other periodicals, which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
adult entertainment, as defined herein.
ADULT CABARET
A cabaret which features male or female impersonators or
similar entertainers.
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity of 50 or less persons,
including establishments that have coin-operated video or motion picture
booths, used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined in this
chapter, for observation by patrons of such establishment.
ADULT MODELING STUDIO
An establishment or business which provides the services
of modeling for the purpose of reproducing the human body wholly or
partially nude by means of photography, painting, sketching, drawing,
or otherwise.
ADULT MOTEL
A hotel, motel, or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
anatomical areas or specified sexual activities, as defined herein;
and has a sign visible from the public right-of-right which advertises
the availability of this adult type of photographic reproductions;
or
B.
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
C.
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 MOTION-PICTURE THEATER
An enclosed building with a capacity of more than 50 persons
at which a significant or substantial portion of the material presented
is distinguished or characterized by an emphasis on matter depicting,
describing, or relating specified anatomical areas or specified sexual
activities, as defined herein, for observation by patrons therein.
ADULT MOTION-PICTURE THEATER (OUTDOOR)
A parcel of land from which individuals may view a motion
picture presented out of doors which presents material distinguishably
characterized by an emphasis on matter depicting, describing, or relating
to specified anatomical areas or specified sexual activities, as defined
herein.
ADULT NOVELTY SHOP
An establishment or business having as a substantial or significant
portion of its stock and trade in novelty or other items which are
distinguished or characterized by their emphasis on specified anatomical
areas, or designed for specified sexual activities, as defined herein.
ADULT-ORIENTED ESTABLISHMENT
Includes, but not be limited to, adult bookstores, adult
motion-picture theaters (indoor or outdoor), adult body painting studios,
and further means any premises to which public patrons or members
are regularly invited, admitted and/or allowed to view adult entertainment,
whether or not such entertainment is held, conducted, operated or
maintained for profit, direct or indirect. An "adult-oriented establishment"
further includes, without being limited to, any adult entertainment
studio or any premises that is 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.
BOOTH, ROOM or CUBICLE
Such enclosures as 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,
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" 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 persons other than employees; nor shall this definition apply
to hotels, motels or other similar establishments licensed by the
State of Wisconsin pursuant to Chapter 50 of the Wisconsin Statutes.
CHURCH
A building, whether situated within the Village or not, in
which persons regularly assemble for religious worship intended primarily
for purposes connected with such worship or for propagating a particular
form of religious belief.
CUSTOMER
Any person who:
A.
Is allowed to enter an adult-oriented establishment in return
for the payment of an admission fee or any other form of consideration
or gratuity; or
B.
Enters an adult-oriented establishment and purchases, rents
or otherwise partakes of any merchandise, goods, entertainment or
other services offered therein; or
C.
Is a member of and on the premises of an adult-oriented establishment
operating as a private club.
DAY-CARE CENTER
A facility licensed by the State of Wisconsin, pursuant to
§ 48.65, Wis. Stats., whether situated within the Village
or not.
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any services directly related to the operation
of an adult-oriented establishment.
ENTERTAINER
Any person who provides entertainment within an adult-oriented
establishment, as defined herein, whether or not a fee is charged
or accepted for entertainment and whether or not entertainment is
provided as an employee or independent contractor.
OPERATOR
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
RESIDENTIAL
Pertaining to the use of land, whether situated within the
Village or not, for premises such as homes, townhouses, duplexes,
condominiums, apartments and mobile homes, which contain habitable
rooms for nontransient occupancy and which are designed primarily
for living, sleeping, cooking and eating therein. A premises which
is designed primarily for living, sleeping, working and eating therein
shall be deemed to be residential in character unless it is actually
occupied and used exclusively for other purposes. Hotels, motels,
boardinghouses, nursing homes and hospitals shall not be considered
to be residential.
SCHOOL
A building, whether situated within the Village or not, where
persons regularly assemble for the purpose of instruction or education,
together with the playgrounds, stadia and other structures or grounds
used in conjunction therewith. The term is limited to:
A.
Public and private schools used for primary or secondary education
in which any regular kindergarten or grades one through 12 classes
are taught; and
B.
Special educational facilities in which students who have physical
or learning disabilities receive specialized education in lieu of
attending regular classes in kindergarten or any of grades one through
12
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region;
(3)
Female breast below a point immediately above the top of the
areola.
B.
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Showing of human genitals in a state of sexual stimulation or
arousal;
B.
Acts of human masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus;
C.
Fondling or other erotic touching of human genitals, pubic region,
buttocks, or female breasts whether covered or uncovered.
SUBSTANTIAL
As used in various definitions shall mean 20% or more of
a business' stock-in-trade, display space, floor space or retail
sales in any one month during the license year.
A license application under this chapter shall be accompanied
by a fee as set by the Village Board. If for any reason the license
is denied, 1/2 of the fees paid shall be returned to the applicant.
If the license is granted, the Village will retain the entire fee.
The license shall be displayed in a conspicuous public place
in the adult-oriented establishment.
Licenses issued under this chapter may not be transferred. All
adult-oriented establishment license applications shall be for an
original or renewal license.
Any adult establishment having open for customers, patrons,
or members any booth, room, or cubicle for the private viewing of
any sexually oriented adult entertainment must comply with the following
requirements:
A. Each booth, room, or cubicle shall be totally accessible to and from
aisles and public areas of the adult establishment and shall be unobstructed
by any door, lock, or other control-type devices.
B. Every booth, room, or cubicle shall meet the following construction
requirements:
(1) Each booth, room or cubicle shall be separated from adjacent booths,
rooms, cubicles, and any nonpublic areas by a wall.
(2) 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.
(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 in use, shall
be a minimum of ten-footcandle power at all times, as measured from
the floor.
C. Only one individual shall occupy a booth, room, or cubicle at any
time. No occupant of the same shall engage in any type of sexual activity,
cause any bodily discharge or litter while in the booth, room or cubicle.
No individual shall damage or deface any portion of the booth, room
or cubicle.
D. No dancer, performer, or any individual, who is performing, singing,
or dancing, shall have either direct or indirect physical contact
with any patron.
E. While dancing or other performance is in progress, the establishment
shall be adequately illuminated so as to permit safe ingress and egress
from the premises.
F. Good order shall be maintained at all times. Without limitation due
to enumeration, a lack of good order for purposes of this chapter
shall be deemed to include persistent loud noises to the annoyance
or detriment of surrounding property owners, patrons, urinating in
public, profane language and/or fighting.
G. Music and other entertainment which is amplified inside shall cease
no later than 2:00 a.m.
H. The license holder shall ensure that building capacity limits are
set so that the appropriate fire inspection and/or building inspection
authorities are complied with at all times.
I. The license holder shall comply with all applicable state statutes
and regulations and all county and Village ordinances.
J. The management and employees of all license holders shall obey all
reasonable orders and directions of any law enforcement officer.
K. The performance of any dance by performers under the auspices of
the management shall be given only on a raised portion of the floor
separated by a railing or other device from the patrons so as to deter
patrons from participating in the dance.
L. It is forbidden by this chapter to perform live acts or simulated
acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation, or any sexual acts which are prohibited
by law on the premises so licensed.
M. The actual live touching, caressing or fondling of the breasts, butt
cheeks, anus or genitals is prohibited.
N. The actual live use of simulated sexual organs during dance or performances
is prohibited.
O. Entertainers or dancers are prohibited from soliciting or serving
drinks or food while performing.
P. No person who serves beverages or food may be nude or unclothed,
which means the showing of specified anatomical areas as defined herein.
Q. No customer may pay gratuity or consideration to an entertainer or
dancer while performing, whereby the gratuity or consideration, any
part of the customer's body or clothing or any device held or
controlled by the customer comes into contact with the entertainer's
or dancer's body, clothing or any device held or controlled by
the entertainer or dancer.
R. No license holder shall permit any amateur dancing, obscene entertainment,
or performances on the license holder's premises in violation
of this chapter or any applicable state and federal laws.
S. No adult-oriented establishment licensed under this chapter shall
be located within 500 feet of any residential area or zoned residential
district, church, school, day-care center, public park or other adult-oriented
establishment licensed under this chapter. For the purpose of this
subsection, measurement shall be made in a straight line, without
regard to the intervening structures or objects, from the nearest
portion of the building or structure used as the part of the premises
where a sexually oriented business is conducted, to the nearest property
line of the premises of a use listed herein, or to the nearest portion
of the building or structure used as the part of the premises where
another sexually oriented business is conducted, whichever is applicable.
Presence of a Village, county or other political subdivision boundary
shall be irrelevant for purposes of calculating and applying the distance
requirements of this subsection.
All private schools and public schools, as defined in Ch. 115,
Wis. Stats., located within the Village of Brandon are exempt from
obtaining a license hereunder when instructing pupils in sex education
as part of its curriculum.
In addition to any other actions allowed by law or taken by
the Brandon Village Board, including the action of license revocation
or nonrenewal, anyone who violates any of the provisions of this chapter
shall forfeit not less than $500 nor more than $2,500, for each and
every offense, together with the costs of prosecution. If such forfeiture
and costs are not paid, such person so convicted shall be subject
to any civil penalties or other penalties available by law.