Based upon the findings stated above, it is the intended purpose
of the City to regulate adult-oriented establishments to promote the
health, safety, morals, and general welfare of the citizens of the
City and to establish reasonable and uniform regulations for the operation
thereof so as to minimize secondary effects of these establishments
on the community. The provisions of this chapter have neither the
purpose nor intent of imposing a limitation or restriction on the
content of any communicative materials, including adult-oriented materials
protected by the First Amendment to the Constitution of the United
States. Similarly, it is not the intent or effect of this chapter
to restrict or deny access by adults to adult-oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors
of adult-oriented entertainment to their intended market. The promotion
of obscene materials which is not protected by the First Amendment
is subject to criminal sanctions under the state's penal code.
The following terms have the meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin, slug, electronically, or mechanically controlled or operated
still- or motion-picture machines, projectors, computers, or other
image-producing devices are maintained to show images to five or fewer
persons per machine at any one time, and where the images so displayed
are distinguished or characterized by depicting or describing specified
sexual activities or specified anatomical areas.
ADULT BATHHOUSE
A commercial establishment which provides a bath as a service
and which provides to its patrons an opportunity for engaging in specified
sexual activities.
ADULT BODY PAINTING STUDIO
A commercial establishment wherein patrons are afforded an
opportunity to be painted or to paint images on specified anatomical
areas. An adult body painting studio does not include a tattoo parlor.
ADULT BOOKSTORE
Any commercial establishment having as its stock-in-trade
the sale, rental or lease, for any form of consideration, of any one
or more of the following:
A.
Books, magazines, periodicals or other printed matter, photographs,
films, motion pictures, video cassettes, video reproductions, slides,
or other visual representations which are distinguished or characterized
by their emphasis on specified sexual activities or specified anatomical
areas.
B.
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
C.
Facilities for the presentation of adult entertainment, as defined
herein, including adult-oriented films, motion pictures, video cassettes,
video reproductions, slides or other visual representations, for observation
by patrons therein.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
which features:
A.
Live performances which are characterized or distinguished by
the exposure of specified anatomical areas or the removal of articles
of clothing; or
B.
Films, motion pictures, video cassettes, video reproductions,
slides or other visual representations which are distinguished or
characterized by depicting or describing specified sexual activities
or specified anatomical areas.
ADULT ENTERTAINMENT
Any exhibition of any motion picture, live performance, display
or dance of any type which has as its dominant theme or is distinguished
or characterized by any one or more of the following:
A.
Specified sexual activities.
B.
Specified anatomical areas.
C.
Removal of articles of clothing.
ADULT MASSAGE PARLOR
A commercial establishment with or without sleeping accommodations
which provides the service of massage or body manipulation, including
exercise, heat and light treatment of the body, and any form or method
of physiotherapy, which also provides its patrons with the opportunity
to engage in specified sexual activities.
ADULT MOTEL
A hotel, motel or other similar commercial establishment
which:
A.
Offers accommodations to the public for any form of consideration
and provides patrons with closed circuit television transmissions,
film, motion pictures, video cassettes, video reproductions, slides,
or other visual reproductions characterized by depicting or describing
specified sexual activities or specified anatomical areas and has
a sign visible from the public right-of-way which advertises the availability
of this type of adult entertainment;
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 sublet the
room for a period of time that is less than 10 hours.
ADULT-ORIENTED ESTABLISHMENT
Includes an adult arcade, adult bathhouse, adult body painting
studio, adult bookstore, adult cabaret, adult massage parlor, adult
motel, adult theater, and any commercial establishment presenting
adult entertainment, whether or not such establishment is operated
or maintained for a profit.
ADULT THEATER
An enclosed building such as a theater, concert hall, auditorium
or other similar commercial establishment which is used for presenting
adult entertainment.
APPLICANT
The individual or business entity that seeks to secure a
license under this chapter of the City Code.
COMMON COUNCIL
The Common Council for the City of Muskego, Waukesha County,
Wisconsin.
EMPLOYEE
Any and all persons, including but not limited to operators,
entertainers, clerks, managers, janitors or other persons, who work
in or at or render any services directly related to the day-to-day
operation of an adult-oriented establishment. "Employee," as used
in this chapter, specifically excludes independent contractors who
are responsible for the improvement or repair of the physical premises
or who provide supplies to the establishment, provided that these
persons are not also in the position of providing any other day-to-day
services for the adult-oriented establishment.
ENTERTAINER
Any person who provides entertainment within an adult-oriented
establishment, whether or not a fee is charged or accepted for the
entertainment and whether or not the entertainment is provided by
the person as an employee of the adult-oriented establishment or as
an independent contractor.
OPERATOR
The person who is designated on the license application to
be the person in charge of the daily operation of the premises and
who is to be the adult-oriented establishment's contact person
for the municipality.
PERSON
An individual, proprietorship, corporation, association,
partnership, limited liability entity, or other legal entity.
PUBLIC AREA
Includes all areas of an adult-oriented establishment except
a public restroom, to the extent it is used for its proper purpose,
individual rooms rented in an adult motel, or areas to which patrons
have no physical or visual access.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock or female breasts below a point immediately above
the top of the areola; or
B.
Human male genitals in a discernibly turgid state, even if opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following, simulated or actual:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts.
B.
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio, cunnilingus, or anilingus.
C.
Showing of human genitals in a state of sexual stimulation or
arousal.
D.
Excretory functions during a live performance, display or dance
of any type.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT-ORIENTED ESTABLISHMENT
Includes any of the following:
A.
The sale, lease, or sublease of the business;
B.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or other means; or
C.
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of the law upon the death of
the person possessing the ownership or control.
YOUTH FACILITY
Any facility where minors gather for educational or recreational
activities, including but not limited to playgrounds, swimming pools,
libraries, licensed child-care facilities, or youth clubs.
Following the granting of a license, any licensee who wishes
to alter any aspect of the licensed premises which was required to
be described in the building plan, site plan or plan of operations
required under this chapter shall be required to apply for a new license.
The Common Council shall grant an initial license to an applicant
unless it finds one or more of the following to be true:
A. The applicant is less than 18 years of age.
B. The applicant has charges pending or has been convicted of violating
a provision of this chapter or an analogous ordinance of another municipality
within the five years immediately preceding the date of application.
C. The applicant has charges pending or has been convicted of a crime specified in §
124-5C(9) or
124-6C(4) and, if convicted, for which less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense; less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a felony offense; less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the convictions are for two or more misdemeanor offenses, or combination of misdemeanor offenses, occurring within any twenty-four-month period. The fact that an appeal has been taken from any of the above-mentioned convictions shall have no effect.
D. The applicant provides false information on the application.
E. The applicant fails to provide information, to post the required
notice, or to pay any fee required by this chapter.
F. The adult-oriented establishment does not submit plans which meet the requirements of §
124-5D.
If all the requirements for a license as stated in this regulation
are met, an adult-oriented establishment shall only be allowed to
locate in the zoning district(s) provided for by the City and shall
not be allowed to locate in any other district.
All private and public schools as defined in Ch. 115, Wis. Stats.,
located within the City are exempt from obtaining a license hereunder
when instructing pupils in sex education as part of their curriculum.