A.
It is a lawful purpose of the Village Board to enact rules and regulations
as are necessary for the preservation of health and to prevent the
spread of AIDS and other communicable or sexually transmitted diseases
in the Village of Athens. It has been found by localities through
the State of Wisconsin, particularly Milwaukee, Racine, Waukesha,
Delafield, Kenosha and West Allis, as well as communities around the
country, including Indianapolis, Indiana; Austin, Texas; Chattanooga,
Tennessee; Newport News, Virginia; Marion County, Indiana; Detroit,
Michigan; and Seattle, Washington, as well as other communities around
the country, that sexually oriented adult entertainment establishments
are predisposed to the creation of unsafe and unsanitary conditions;
that operators and employees of such businesses tend to participate
in sex-related offenses on the premises, creating substantial law
enforcement problems; and that the operational characteristics of
such businesses have a deleterious effect on surrounding areas, resulting
in neighborhood blight and reduced property values, especially when
such businesses are concentrated in one area. Many of such establishments
install movie viewing booths with doors in which patrons view videotapes,
movies, films and other forms of entertainment characterized by their
emphasis on depicting, describing or relating to specified sexual
activities or specified anatomical areas, and such booths have been
and are being used by patrons to engage in sexual acts resulting in
unsanitary, unhealthy and unsafe conditions in said booths and establishments.
This chapter is intended to establish standards in order to prevent
the spread of AIDS and other communicable or sexually transmitted
diseases and to eliminate the deleterious effects described above
in the Village of Athens.
B.
The Village Board finds that there is an increasing likelihood of
commercial exploitation of human sexuality by owners of premises holding
"Class B" alcohol beverage licenses in the State of Wisconsin. Such
exploitation takes place in the form of employing or permitting persons
to perform or exhibit their nude or seminude bodies to other persons
as an inducement to other persons to purchase alcohol beverages. The
direct result of such exploitation is criminal activity, moral degradation
and disturbance of the peace and good order of the community. In addition,
this commercial exploitation of such nude and seminude acts is adverse
to the public's interest in the quality of life, commercial activity
and total community environment in the Village of Athens.
The following definitions are applicable in this chapter:
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 in this section.
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 and trade in books, magazines, and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to specified sexual activities
or specified anatomical areas as defined herein. This includes an
establishment having as its stock-in-trade, for sale, rent, trade,
lease, inspection or viewing, books, films, videocassettes, motion
pictures, magazines or other periodicals which are distinguished or
characterized by their emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas,
and in conjunction therewith having facilities for the presentation
of adult entertainment, including adult-oriented videotapes, films,
motion pictures or other offered entertainment for observation by
patrons therein.
A cabaret which features male or female impersonators or
similar entertainers.
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, or is distinguished or characterized
by an emphasis on, 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.
An enclosed building with a capacity for fewer than 50 patrons,
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 herein
for observation by patrons therein.
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.
A hotel, motel, or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and which may have
a sign visible from the public right-of-way which advertises the availability
of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than 10 hours.
An enclosed building with a capacity of 50 or more 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 to specified sexual activities or specified
anatomical areas as defined herein for observation by patrons therein.
A parcel of land from which individuals may view a motion
picture presented out of doors which presents material distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities or specified anatomical areas,
as defined herein, for observation by patrons.
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, or designed for,
specified sexual activities or specified anatomical areas, as defined
herein, or stimulating such activity.
An establishment which includes, but is not limited to, adult
bookstores, adult motion-picture theaters, adult mini motion-picture
theaters, adult bathhouses, adult body painting studios, adult motels,
adult novelty shops or adult cabarets, and further means any premises
to which public patrons or members are invited or admitted and which
is so physically arranged as to provide booths, cubicles, rooms, compartments
or stalls separate from the common area of the premises for the purposes
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 profit, direct or indirect. "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.
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 Ch. 50, Wis. Stats.
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.
Any person who:
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;
Enters an adult-oriented business and purchases, rents or otherwise
partakes of any merchandise, goods, entertainment or other services
offered therein; or
Is a member of and on the premises of an adult-oriented establishment
operating as a private club.
The State of Wisconsin.
A facility licensed by the State of Wisconsin pursuant to
§ 48.65, Wis. Stats., whether situated within the Village
or not.
A nontransparent closure device which prevents activity taking
place within a booth, room or cubicle from being seen or viewed from
outside the booth, room or cubicle.
Any and all persons, including independent contractors, who
work in or at or render any services directly or indirectly related
to the operation of an adult-oriented establishment.
Any person who provides entertainment within an adult-oriented
establishment as defined in this chapter, whether or not a fee is
charged or accepted for entertainment and whether or not entertainment
is provided as an employee or independent contractor.
That quality of any description or representation, in whatever
form, of nudity, specified sexual activities or specified anatomical
areas which taken as a whole appeals to the prurient interest in sex,
which taken as a whole portrays sexual conduct in a patently offensive
way, and which taken as a whole does not have serious literary, artistic,
political or scientific value. Whether a work appeals to the prurient
interest and whether it depicts or describes sexual conduct in a patently
offensive way and whether it has serious literary, artistic, political
or scientific value are to be determined by applying contemporary
community standards in the adult community as a whole with respect
to what is suitable material for minors.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and content of any material described herein which
is reasonably suspect under this chapter; and
The age of a minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the defendant
made a reasonable bona fide attempt to ascertain the true age of such
minor.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering or the showing
of the female breast with less than a fully opaque covering of any
part of the nipple, or the showing of covered male genitals in a discernible
turgid state.
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.
Flagellation or torture by a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
A building, whether situated within the Village or not, where
persons regularly assemble for the purpose of instruction or education,
together with playgrounds, stadiums and other structures or grounds
used in conjunction therewith. The term is limited to:
Public and private schools used for primary or secondary education
in which any regular kindergarten or grade one through 12 classes
are taught; and
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.
The commission of any of the following: sexual intercourse,
sodomy, bestiality, necrophilia, human excretion, masturbation, sadism,
masochism, fellatio, cunnilingus or lewd exhibition of human genitals.
Physical sexual contact between individuals that involves
the genitalia of at least one person, including but not limited to
heterosexual intercourse, sodomy, fellatio, or cunnilingus.
Simulated or actual:
Showing of human genitals in a state of sexual stimulation or
arousal.
Acts of human masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio, or cunnilingus.
Fondling or other erotic touching of human genitals, pubic region,
buttock, or female breasts.
As used in various definitions, 50% or more of a business'
stock-in-trade, display space, floor space or retail sales in any
one month during the license year.
B.
In addition to any other actions allowed by law or taken by the Village Board and/or committee thereof, including the action of applicable license revocation or nonrenewal, anyone who violates any of the provisions of this section shall be subject to a penalty as provided in Chapter 1, Article I, of this Code.
A.
It shall be unlawful for any person knowingly to exhibit for a monetary
consideration to a minor or knowingly to sell to a minor an admission
ticket or pass or knowingly to admit a minor for a monetary consideration
to premises whereon there is exhibited a motion picture, show or other
presentation which in whole or in part depicts nudity or specified
sexual activities and which is harmful to minors, unless such minor
is accompanied by his parent or legal guardian.
B.
It shall be unlawful for any person knowingly to sell or loan for
monetary consideration to a minor:
(1)
Any picture, photograph, drawing, sculpture, motion-picture film
or similar visual representation or image of a person or portion of
the human body which depicts specified anatomical areas or shows specified
sexual activities and which is harmful to minors.[1]
(2)
Any book, pamphlet, magazine, printed matter, however produced, or sound recording which contains any material enumerated in Subsection B(1) hereof or explicit and detailed verbal descriptions or narrative accounts of specified sexual activities and which, taken as a whole, is harmful to minors.
C.
It shall be unlawful for any person knowingly to admit a minor to
any premises whereon there is exhibited nudity or specified sexual
activities which are harmful to minors unless such minor is accompanied
by his/her parent or legal guardian.
