For the purpose of this chapter, the following words and phrases
shall have the meanings indicated:
ADULT BOOK OR VIDEO STORE
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 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.
COUNCIL
The Common Council of the City of Watertown.
OPERATOR
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 ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, vulva,
anus and cleavage of the buttocks.
B.
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
C.
Less than completely and opaquely covered areola and nipple
of the female breast.
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.
To receive a license to operate an adult entertainment establishment,
an applicant must meet the following standards:
A. If the applicant is an individual:
(1) The applicant shall be at least 18 years of age.
(2) The applicant shall not have been found to have previously violated
this chapter within five years immediately preceding the date of the
application.
B. If the applicant is a corporation:
(1) All officers, directors and stockholders required to be named under §
205-3B shall be at least 18 years of age.
(2) No officer, director or stockholders required to be named under §
205-3B shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.
C. If the applicant is a partnership, joint venture or any other type
of organization where two or more persons have a financial interest:
(1) All persons having a financial interest in the partnership, joint
venture or other type of organization shall be at least 18 years of
age.
(2) 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.
D. 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.
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:
A. 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.
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) 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, extend 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 10 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 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.
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.