[HISTORY: Adopted by the Common Council of the City of Watertown by Ord. No. 04-32 (§ 9.22 of the former City Code). Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases shall have the meanings indicated:
- A. An establishment which is used for selling, renting or loaning the following materials when such activity constitutes a significant part of the business conducted therein:
- (1) Any pictures, photographs, drawings, motion-picture films or similar visual representations or images of a person or portions of a human body which are distinguished or characterized by their emphasis on matters depicting or describing or relating to specified sexual activities or specified anatomical areas as defined herein; or
- (2) Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, which contains any matter enumerated in Subsection A(1) above.
- B. Material, however distributed, which is published by a medical products manufacturer, a medical or health association, an insurance company, or by a consumer education organization shall not be considered part of the business of operating an adult book or video store.
- ADULT ENTERTAINMENT ESTABLISHMENT
- An adult book or video store or an adult motion-picture theater.
- ADULT MOTION-PICTURE THEATER
- An enclosed building used for presenting or exhibiting a motion-picture film, show or other presentation having as its dominant theme or distinguished or characterized by an emphasis on exposure to view of human genitals, pubic area, buttocks or anus; or a female's vulva or breasts below the top of the areola; or male genitals in a discernible turgid state, even if opaquely covered; or on acts of or acts which simulate erotic touching, sexual intercourse, masturbation, flagellation, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus, or any sexual acts prohibited by Wisconsin Statutes.
- BOOTHS, CUBICLES, ROOMS, COMPARTMENTS OR STALLS SEPARATE FROM THE COMMON AREAS OF THE PREMISES
- Such enclosures as are specifically offered to the public or members of that 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. The phrase "booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises" does not mean enclosures which are private offices used by the owners, managers or persons employed on the premises for attending to the tasks of their employment and which are not held out to the public or members of the establishment for hire or for a fee or for the purposes of viewing entertainment for a fee, and which are not open or available to any persons other than owners, managers or employees.
- The Common Council of the City of Watertown.
- Any person, partnership, corporation or other entity operating, managing, renting, conducting, maintaining or owning any adult entertainment establishment.
- SIGNIFICANT PART OF THE BUSINESS
- Dedication or use of the premises on which the adult entertainment establishment is located in any one of the following manners:
- A. The gross income from the sale and/or rental of materials set forth in Subsection A(1) and (2) of the definition of "adult book or video store" herein comprises more than 25% of the gross income from the sale and rental of the goods or services at the business entity location;
- B. The individual items offered for sale and/or rental at the adult entertainment establishment location comprise more than 25% of the total individual items publicly displayed as stock-in-trade in any of the following categories: books, magazines, periodicals or other printed matter; or photographs, films, motion pictures, videocassettes, videodisks, slides or other visual representations; or sound recordings or other audio materials; or
- C. The dedication or use of more than 25% of the available floor, wall and display space within the public or common areas at the adult entertainment establishment location, including adult booths, space for live presentations, and space devoted to the viewing display, or advertisement of materials listed hereinabove.
- 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, cunnilingus, or excretory functions.
- C. Fondling or erotic touching of human genitals, pubic region, anus, buttocks or female breasts.
From and after the effective date of this chapter, no adult entertainment establishment shall be operated or maintained in the City without first obtaining a license to operate issued by the City.
A license may be issued only for one adult entertainment establishment located at a fixed and certain place. Any person who desires to operate more than one adult entertainment establishment must have a license for each.
No license or interest in a license may be transferred to any person.
Any person desiring to secure a license shall make application to the City Clerk/Treasurer. The application shall be filed with the City Clerk/Treasurer. A copy of the application shall be distributed promptly by the City Clerk/Treasurer to the City Police Chief, the City Health Officer, the City Zoning Administrator and to the Licensing Board.
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:
Name and address.
Written proof that the individual is at least 18 years of age.
The address of the adult entertainment establishment to be operated by the applicant.
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 and the name and address of all shareholders owning more than 5% of the stock in such corporation and all officers and directors of the corporation.
Within 60 days of receiving an application for an adult entertainment establishment license, the Licensing Board shall notify the applicant whether the application is granted or denied.
Whenever an application is denied, the Licensing Board shall advise the applicant in writing of the reasons for such action. This decision of the Licensing Board shall constitute an initial determination under § 10-6 of the Watertown Code.
Appeal. An appeal to the City of Watertown Licensing Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Watertown affected by the initial determination of the Licensing Board. Such appeal shall be taken within 30 days of the mailing of the initial determination by the Licensing Board by filing with the City Clerk/Treasurer a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the Common Council. The City Clerk/Treasurer shall forthwith transmit to the Licensing Board all papers constituting the record of appeal upon which the action appealed from was taken.
The Licensing Board shall fix a reasonable time and place for the hearing within 15 days of receipt of the notice of appeal and shall serve the person aggrieved with notice of such hearing by first-class mail or personal service at least 10 days before such hearing.
Hearings on appeal shall be public and shall be conducted according to the rules of procedure adopted by the Licensing Board. At the hearing, the appellant or applicant may appear in person, by agent or by attorney. Decisions of the Licensing Board following public hearing may be made either in public or closed session, as the Licensing Board shall determine. This hearing shall be conducted in accordance with § 10-10 of the Watertown Code.
The Licensing Board shall issue its written decision and recommendations to the Common Council to either affirm, reverse or modify the initial determination of the Licensing Board within 20 days of completion of the hearing and the filing of briefs, if any, and shall mail or deliver to the appellant its written decision together with the reasons for its decision.
The Common Council shall consider the City of Watertown Licensing Board's decision and recommendations at its next regularly scheduled meeting. The Common Council on a majority vote may affirm, reverse or modify the initial determination of the Licensing Board.
Any persons aggrieved by any decision of the Common Council may present to a court of record a petition for writ of certiorari, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the adoption of the resolution by the Common Council upon the recommendations of the Licensing Board. The parties shall be bound by § 10-12 of the Watertown Code regarding the transcript of the proceedings.
No application that has been denied (either wholly or in part) shall be resubmitted by the applicant/appellant for a period of 12 months from the date of adoption of the resolution by the Common Council.
To receive a license to operate an adult entertainment establishment, an applicant must meet the following standards:
If the applicant is a corporation:
All officers, directors and stockholders required to be named under § 205-3B shall be at least 18 years of age.
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.
No person having a financial interest in the partnership, joint venture or other type of organization shall have been found to have violated any provision of this chapter within five years immediately preceding the date of the application.
Provide a copy of a valid zoning certificate obtained from the Zoning Administrator.
A license fee as set by the Common Council and provided under separate fee schedule shall be submitted with the application for an adult entertainment establishment. If the application is denied, 1/2 of the fee shall be returned.
The license shall be displayed in a conspicuous public place in the adult entertainment establishment. This license shall be framed and covered with clear glass so as to be easily readable.
Every license issued pursuant to this chapter shall terminate on June 30 of each year, unless sooner revoked, and must be renewed before operation is allowed on July 1. Any operator desiring to renew a license shall make application to the City Clerk/Treasurer. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed with and dated by the City Clerk/Treasurer. A copy of the application for renewal shall be distributed promptly by the City Clerk/Treasurer to the City Police Chief, the City Health Officer, the Zoning Administrator, the Licensing Board and to the operator. The application for renewal shall be upon a form provided by the City Clerk/Treasurer and shall contain such information and data as is required for an application for a new license.
A license renewal fee as set by the Common Council and provided under separate fee schedule shall be submitted with the application for renewal. If the application is denied, 1/2 of the total fees collected shall be returned.
If the City Police Chief, City Health Officer, Zoning Administrator or Licensing Board is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the City Clerk/Treasurer.
The Common Council may revoke a license for any of the following reasons:
Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
The operator or any employee of the operator violates any provision of this chapter or any rule or 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 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.
The operator becomes ineligible to obtain a license.
Any cost or fee required to be paid by this chapter is not paid.
The Council, before revoking or suspending any license, shall give the operator at least 10 days' written notice of the charges against the operator and the opportunity for appeal as set forth in § 205-3E herein.
The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
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 entertainment establishment or adult entertainment tavern for one year from the date of revocation of the license.
Any adult entertainment 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:
Access. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult entertainment establishment and shall be unobstructed by any door, lock or other control-type devices.
Construction. Every booth, room or cubicle shall meet the following construction requirements:
Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any nonpublic areas by a wall.
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.
All walls shall be solid and without any openings, extend from the floor to a height of not less than six feet, and be light-colored, nonabsorbent, smooth-textured and easily cleanable.
The floor must be light-colored, nonabsorbent, smooth-textured and easily cleanable.
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.
Occupants. 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 a booth. No individual shall damage or deface any portion of the booth.
Every act of 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.
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 purposes of determining whether the operator's license shall be revoked, suspended or renewed.
No employee of an adult entertainment establishment shall allow any minor to loiter around or to frequent an adult entertainment establishment or allow any minor to view any activity allowed in an adult motion-picture theater.
The operator shall maintain the premises in a clean and sanitary condition at all times. The Health Officer shall make a determination as to the clean and sanitary condition of the establishment.
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 any activity 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 such aisles as measured from the floor.
The operator shall conspicuously post inside each booth, stall, partitioned portion of a room, or individual room an unmutilated and undefaced sign or poster supplied by the Public Health Department which contains information regarding sexually transmitted diseases and the telephone numbers from which additional information can be sought.
The operator shall post regulations concerning booth occupancy on signs, with lettering at least one inch high, that are placed in conspicuous areas of the establishment and in each of the viewing enclosures.
The operator shall ensure compliance of the establishment and its patrons with the provisions of this chapter.
No person shall occupy an enclosure already occupied by another person, regardless of whether permission to enter has been given.
No person shall at any time engage in specified sexual activities or cause any bodily discharge or litter while in the enclosure.
No person shall remove, destroy or deface any signs or posters, or destroy or deface any information, brochures or pamphlets, whether supplied by the Public Health Department or posted by the operator.
No person shall damage or deface any portion of the enclosure.
This Municipal Code and the Wisconsin Statutes shall govern the administrative procedures 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., hospitals, medical clinics and public health facilities located within the City of Watertown are exempt from obtaining a license hereunder when instructing pupils or patients/clients in sex education, prenatal, family planning or childbirth classes as part of their curriculum or services.
It shall be the duty of the Public Health Department, the Building, Safety and Zoning Division, and the Police Department to administer and enforce the provisions of this chapter.
In addition to the revocation, suspension or nonrenewal of any license issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a forfeiture of not less than $100 nor more than $300 and in the case of an operator such violation shall result in the suspension or revocation of any license from one week up to one year.
Each violation of this chapter shall be considered a separate offense, and any violation continuing more than one day shall be considered a separate offense.