[HISTORY: Adopted by the Common Council of the City of Arcadia 8-9-2001 by Ord. No.
195. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 425.
As used in this chapter, the following terms shall have the
meanings indicated:
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 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.
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.
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 specific anatomical areas or specified sexual
activities, as defined below.
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.
Any exhibition of any motion pictures, live performers, 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.
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 activities as defined in this chapter.
An enclosed building with a capacity of fewer than 25 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.
An establishment or business which provides the service of
modeling for the purpose of reproducing the human body wholly or partially
nude by means of photography, painting, sketching, drawing or otherwise.
An enclosed building with a capacity of 25 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.
An establishment or business having as a substantial or significant
portion of its stock-in-trade novelty or other items, including movies,
tapes, videos, books, and any device, which are distinguished or characterized
by an emphasis on, or designed for, specified sexual activities as
defined herein or stimulating such activity.
Shall include, but not be limited to, adult bookstores, adult
motion-picture theaters, adult mini motion-picture theaters, adult
bathhouses, adult massage parlors, adult modeling studios, adult body
painting studios, adult novelty shops and adult cabarets. 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 areas
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.
A dancer, stripper, impersonator or similar performer referred
to in the definition of "adult cabaret."
Any person, association, partnership or corporation operating,
conducting, maintaining or owning any adult-oriented establishment.
Simulated or actual:
Any center that provides, on a regular basis, recreational,
vocational, academic or social services for persons younger than 21
years old for those persons and their families.
A.
Except as provided in Subsection D below, from and after the effective date of this chapter, no adult-oriented establishment shall be operated or maintained in the City of Arcadia without first obtaining a license to operate issued by the City of Arcadia.
B.
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place. Any person, partnership or corporation
who or which desires to operate more than one adult-oriented establishment
must have a license for each.
C.
No license or interest may be transferred to any person, partnership
or corporation.
D.
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 passage of this chapter. If an application is not received
within said ninety-day period, then such existing adult-oriented establishment
shall cease operations.
A.
Any person, partnership or corporation desiring to secure a license
shall make application to the City Clerk-Treasurer. The application
shall be filed in duplicate with and dated by the City Clerk-Treasurer.
A copy of the application shall be distributed promptly to the City
of Arcadia Police Department and the City Clerk-Treasurer.[1]
B.
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 under oath:
(1)
Name and address.
(2)
Written proof that the individual is at least 18 years of age.
(3)
The exact nature of the adult-oriented use to be conducted and the
address of the adult-oriented establishment to be operated by the
applicant.
(4)
If the applicant is a corporation, the date and state of incorporation,
the name and address of the registered agent and the name and address
of any shareholder(s) who individually or jointly owns or controls
more than 10% of the stock in said corporation and all persons responsible
for the management and operation of the adult-oriented establishment.
(5)
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.
Within 60 days of receiving an application for a license, the City
Clerk-Treasurer shall notify the applicant whether the application
is granted or denied or whether the application period is being extended
for another sixty-day period.
D.
Whenever an application is denied, the City Clerk-Treasurer 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 Common Council of the City of Arcadia, pursuant to § 135-14 below.
E.
Failure or refusal of the applicant to give any information relevant
to the investigation of the application or his or her refusal or failure
to appear at any reasonable time and place for examination under oath
regarding said application or his or her refusal to submit to or cooperate
with any investigation required by this chapter shall constitute an
admission by the applicant that he or she is ineligible for such license
and shall be grounds for denial thereof by the City Clerk-Treasurer.
To receive a license to operate an adult-oriented establishment,
an application 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 or an ordinance of like terms in another jurisdiction
or have been arrested or convicted for a violation for which licensure
may be denied under § 111.335, Wis. Stats., within five
years immediately preceding the date of the application.
B.
If the applicant is a corporation:
(2)
No person required to be named under § 135-3B(4) 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 licensure may be denied under § 111.335, Wis. Stats., 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:
(2)
No person required to be named under § 135-3B(5) 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 licensure may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
A license fee established by the Common Council by resolution
shall be submitted with the application for a license. If the application
is denied, 1/2 of the fee shall be returned.
A.
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 City Clerk-Treasurer. The application for renewal must be filed
90 days before the license expires. The application for renewal shall
be filed in duplicate and dated by the City Clerk-Treasurer. A copy
of the application for renewal shall be distributed promptly to the
City Clerk-Treasurer and to the City of Arcadia Police Department.
The Clerk-Treasurer shall require complete information and data, given
under oath or affirmation, as is required for an application for a
new license.
B.
A license renewal fee established by the Common Council by resolution
shall be submitted with the application for renewal. In addition to
the renewal fee, a late penalty established by the Common Council
by resolution shall be assessed against an applicant who does not
file for a renewal 90 days before the license expires. If the application
is denied, 1/2 of the total fees collected shall be returned.
A.
The Common Council of the City of Arcadia may revoke a license for
any of the following reasons:
(1)
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application.
(2)
The operator or any employee of the operator violated any provision
of this chapter or any rule or regulation adopted by the Common Council
of the City of Arcadia 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 Common Council of the City of Arcadia 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.
(3)
The operator becomes ineligible to obtain a license.
(4)
Any cost or fee required to be paid by this chapter is not paid.
B.
The Common Council of the City of Arcadia, 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 a public hearing before the Common Council of the City of Arcadia, pursuant to § 135-14 below.[1]
C.
The transfer of a license or any interest in a license shall automatically
and immediately revoke the license.
D.
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.
Any adult-oriented establishment having available for customers,
patrons, or any members a booth, room or cubicle for a 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 aisle and public areas of the adult-oriented 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 or 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 room.
(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 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 shall engage in any type of sexual activity,
cause any bodily discharge or litter while in the booth. No individuals
shall damage or deface any portion of the booth.
A.
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 the omission.
B.
Any act or omission of any employee that constitutes 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.
C.
No operator or employee of an adult-oriented establishment shall
allow any minor to loiter nearby or to frequent an adult-oriented
establishment or allow any minor to view adult entertainment as defined
herein.
D.
The operator shall maintain the premises in a clean and sanitary
manner at all times.
E.
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.
F.
The operator shall ensure compliance of the establishment and its
patrons with the provisions of this chapter.
G.
No operator shall suffer, allow or permit any employee or entertainer
to and no employee or entertainer 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 entertainer
below the neck and above the knee, excluding that part of the operator's,
employee's or performer's arm below the wrist, commonly referred to
as the hand.
H.
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 Common Council of the
City of Arcadia 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.
No adult-oriented establishment shall be located:
(1)
Within 500 feet of an existing adult oriented-establishment.
(2)
Within 500 feet of any preexisting school or place of worship, or
the premises of a licensee of a Class "B" fermented malt beverage
retailer's license or retail "Class B" liquor license.
(3)
Within 500 feet of a youth center as defined by this chapter.
(4)
Upon any land except lands within the City of Arcadia which are zoned
commercial or industrial.
B.
For purposes of this section, distances are to be measured in a straight
line, without regard to intervening structures or objects, from the
property line of the adult-oriented establishment to the nearest property
line of another adult-oriented establishment, preexisting school,
place of worship, or the premises of a licensee of a Class "B" fermented
malt beverage retailer's license or retail "Class B" liquor license,
or a residential dwelling.
No adult-oriented establishment shall be open between the hours
12:00 midnight and 8:00 a.m.
A.
Any person desiring to provide entertainment in the City of Arcadia
as an entertainer at any facility governed under this chapter, before
engaging in any such entertainment, shall register at the City of
Arcadia Police Department and pay a fee established by the Common
Council by resolution. 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.
Such registration shall be valid for one year from date of registration.[1]
B.
Upon registration, the City of Arcadia 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.
Any person may request, in writing by a letter to the City Clerk-Treasurer,
review regarding the granting, denial, renewal, nonrenewal, revocation
or suspension of a license for an adult-oriented establishment.
All private schools and public schools as defined in Ch. 115,
Wis. Stats., located within the City of Arcadia 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 City of Arcadia and agents of the City of Arcadia
and all corresponding town, county, state and federal departments
and agencies 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 to the City of Arcadia
in equity and under law, any person who shall violate any provision
of this chapter or who shall fail to obtain a license as required
hereunder, or who shall operate after his or her license is revoked,
shall be subject to penalty on a per diem or per occurrence basis
as follows:
A.
Any person who operates an adult-oriented establishment who fails
to obtain a license as required under this chapter shall be subject
to an initial fine of $500 and additional fines of $300 per day for
each day that the person continues to operate an adult-oriented establishment
without a license in violation of this chapter.
B.
Any person who operates an adult-oriented establishment after his
or her license has been revoked shall be subject to an initial fine
of $500 and additional fines of $300 per day for each day the person
continues to operate an adult-oriented establishment in violation
of this chapter.
C.
Any person with a valid license for an adult-oriented establishment
who violates any provision of this chapter shall be subject to a fine
of $200 per day for each day the person is in violation of this chapter.
