It is the purpose of this article to regulate adult-oriented establishment businesses (hereinafter referred to as "adult-oriented establishments") to promote the health, safety, morals, and the general welfare of the citizens of the Village of Athens, to aid in the alleviation and prevention of the adverse and deleterious effects of criminal activity and disruption of the public peace associated with such establishments, and to establish reasonable and uniform regulations to prevent the serious health hazards associated with unsafe and unsanitary conditions known to exist in those establishments and to alleviate the spread of sexually transmitted diseases and other contagious diseases in those establishments.
A. 
Except as provided in Subsection D below, no adult-oriented establishment shall be operated or maintained within the corporate limits of the Village of Athens without first obtaining a license to operate issued by the Village of Athens.
B. 
A license may be issued only for one adult-oriented establishment located at a fixed and certain place per filed application. 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 in a license may be transferred to any person, partnership, or corporation except as set forth in § 152-21.
D. 
All adult-oriented establishments existing at the time of the original passage of this chapter must submit an application for a license within 90 days of the 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. 
License procedure. Any person, partnership, or corporation desiring to secure an adult-oriented establishment license shall make application to the Village Clerk. The application shall be filed in triplicate with and dated by the Village Clerk. A copy of the application shall be distributed within 10 days of receipt thereof to the Police Department and Fire Inspector and to the applicant. The procedures prescribed in § 152-6A through C shall be applicable to adult entertainment licenses under this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Required information. The application for a license shall be upon a form provided by the Village Clerk. An applicant for a license, which shall include all partners or limited partners of a partnership applicant, all officers or directors of a corporate applicant, all members of any limited liability company applicant, and any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:
(1) 
Name, including all aliases, address and date of birth of applicant;
(2) 
Written proof that the individual is at least 18 years of age;
(3) 
All residential addresses of the applicant for the past 10 years;
(4) 
The business, occupation, or employment of the applicant for 10 years immediately preceding the date of application;
(5) 
The exact nature of the adult entertainment to be conducted;
(6) 
Whether the applicant previously operated in this or any other state, county or municipality under an adult-oriented establishment license or similar business license, whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation;
(7) 
All criminal convictions, whether federal or state, or municipal ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except traffic offenses;
(8) 
Fingerprints and two portrait photographs of at least two inches by two inches of the applicant;
(9) 
The address of the adult-oriented establishment to be operated by the applicant;
(10) 
Proof of right to occupy under § 152-16D; and
(11) 
If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, and the name and address of the registered agent of the corporation.
C. 
Failure to provide information. Failure or refusal of the applicant to provide any information for the investigation of the application, or the applicant's refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, or refusal to submit to or cooperate with any investigation required by this section, shall constitute an admission by the applicant of ineligibility for such license and shall be grounds for denial thereof.
A. 
General requirements. To receive a license to operate an adult establishment, an applicant must meet the following standards:
(1) 
If the applicant is an individual:
(a) 
The applicant shall be at least 18 years of age;
(b) 
Subject to Ch. 111, Wis. Stats., the applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and
(c) 
The applicant shall not have been found to have previously violated this article within five years immediately preceding the date of the application.
(2) 
If the applicant is a corporation:
(a) 
All officers, directors, and others required to be named under § 152-15B shall be at least 18 years of age;
(b) 
Subject to Ch. 111, Wis. Stats., no officer, director, or other person required to be named under § 152-15B shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and
(c) 
No officer, director or other person required to be named under § 152-15B shall have been found to have previously violated this article within five years immediately preceding the date of the application.
(3) 
If the applicant is a partnership, joint venture, limited liability company or any other type of organization where two or more persons have a financial interest:
(a) 
All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age;
(b) 
Subject to Ch. 111, Wis. Stats., no person having a financial interest in the partnership, joint venture, or other type of organization shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and
(c) 
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 article within five years immediately preceding the date of the application.
B. 
Investigation. No license shall be issued unless the Village of Athens Police Department has investigated the applicant's qualifications to be licensed. The results of that investigation shall be filed in writing with the Village Clerk no later than 14 days after the application.
C. 
Inspection. The Fire Inspector and/or Police Department shall inspect the premises proposed to be licensed to verify compliance with their respective codes and shall report compliance findings to the Village Clerk within 14 days of the date of application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Proof. No license shall be issued unless the applicant provides proof of one of the following:
(1) 
Ownership of a properly zoned building or parcel of real property upon which a building can be constructed. Proper zoning includes permissible nonconforming use status.
(2) 
A lease on a building which is properly zoned to house a venture. Proper zoning includes permissible nonconforming use status.
(3) 
An option to purchase property which is properly zoned for the venture.
(4) 
An option to lease property which is properly zoned for the venture. Proper zoning includes permissible nonconforming use status.
A nonrefundable adult-oriented establishment license application fee as prescribed in the Village Fee Schedule shall be submitted with the application for a license.
The adult-oriented establishment license shall be displayed in a conspicuous public place in the adult-oriented establishment.
A. 
Every license issued pursuant to this article will terminate on June 30 of the year it is issued, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the Village Clerk. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the Village Clerk. A copy of the application for renewal shall be distributed by the Village Clerk to the Police Department, Fire Inspector and the applicant. The application for renewal shall be upon a form provided by the Village Clerk and shall contain such information and data, given under oath or affirmation, as is required for an application for a new license.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
A license renewal fee as prescribed in the Village Fee Schedule shall be submitted with the application for renewal.
C. 
If the Police Department is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the Village Clerk.
A. 
Whenever an initial application is denied, the Village Clerk shall, within 14 days of the denial, 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 at the next regularly scheduled meeting of the Village Board.
B. 
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 article 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 Village Clerk.
A. 
A license is personal to the owner(s) and operator designated in the application, provided that it may be transferred pursuant to this section. A transfer application must be filed no less than 10 days before any change of the owner(s) or operators designated on the application. In the event that a transfer application is not timely filed, then the license shall be invalid for any purpose relating to the operation of the adult-oriented business, and any transfer shall require the filing of an original application and be subject to the regulations applicable thereto.
B. 
The Village Clerk shall prescribe a form on which license transfer applications shall be made. The form shall include a statement under oath that the original application remains correct as previously submitted in all respects except those that are amended by the transfer application. The transfer application shall contain a statement under oath that the individual signing the transfer application has personal knowledge of the information contained therein and that the information is true and correct and shall not be complete unless accompanied by a nonrefundable transfer fee as prescribed in the Village Fee Schedule. Transfer applications shall be filed in the same place and at the same time as original applications, and the fee shall be payable in the same manner as for original applications.
C. 
Transfer applications shall be reviewed, issued and subject to appeal in the same manner as original applications, and they shall be issued for the remaining term of the license to be transferred.
D. 
Any transfer of an adult-oriented establishment, other than as provided in this section, from the licensed premises to any other premises shall cause such license to lapse and become void. A license which has lapsed and become void shall be subject to revocation under § 152-27.
Any adult-oriented establishment having available for customers, patrons or members any booth, room, or cubicle for the private viewing of any motion picture, videotape or compact disc in 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 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-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, 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, 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 of the same shall engage in any type of specified sexual activity, cause any bodily discharge or litter while in the booth. No person shall alter, damage or deface any portion of any such booth, room or cubicle in such a manner that it no longer complies with the provisions of this section.
A. 
An operator, licensed under this article, shall maintain a register of all employees, showing the name and aliases used by the employee, home address, birth date, sex, telephone numbers, social security number, and date of employment and termination. The above information on each employee shall be maintained in the register on the premises for a period of three years following termination.
B. 
The operator shall make the register of employees available immediately for inspection by law enforcement officers upon demand of a member of a law enforcement agency at all reasonable times.
C. 
Every act or omission by an employee constituting a violation of the provisions of this article 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.
D. 
Any act or omission of any employee constituting a violation of the provisions of this article 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.
E. 
No employee of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or allow any minor to view sexually explicit live adult entertainment or materials containing depictions of specified sexual activities or specified anatomical areas as defined herein.
F. 
The operator shall maintain the premises in a clean and sanitary manner at all times.
G. 
The operator shall ensure compliance of the establishment and its patrons with the provisions of this article.
H. 
The operator shall ensure there is conspicuously posted inside each booth, room or cubicle an unmutilated and undefaced sign or poster supplied by the Village which contains information regarding sexually transmitted diseases and the telephone numbers from which additional information can be sought.
I. 
The operator shall ensure there is conspicuously displayed at a place near the main entrance of the establishment, or portion thereof, any information, brochures, or pamphlets supplied by the Village pertaining to sexually transmitted diseases.
J. 
The operator shall ensure there are posted 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 booths, rooms or cubicles.
K. 
The Village shall charge its reasonable costs for supplying such posters, brochures, pamphlets and other information required under this article.
A. 
All operators, employees, and independent contractors working in any adult-oriented establishment hereunder shall, prior to beginning employment or contracted duties, register with the Village Clerk. Such registration shall include the following:
(1) 
Name, address, birth date, any aliases used, telephone numbers, date of employment and name of employer; and
(2) 
Photographs and fingerprinting.
B. 
Upon registration, the Village will provide to each registered employee an identification card containing the employee's photograph identifying the employee as such, which shall be kept available for production upon request of all inspecting officers while on duty at such adult-oriented establishment.
C. 
All registrations hereunder are valid for a period of one year.
D. 
The registration fee as prescribed in the Village Fee Schedule shall be paid per registration, which shall be paid to the Village to cover costs of the identification card.
All private schools and public schools, as defined in Ch. 115, Wis. Stats., located within the Village are exempt from obtaining a license hereunder when instructing pupils in sex education as part of their curriculum.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
In addition to any other actions allowed by law or taken by the Village Board, including the action of license revocation, suspension or nonrenewal, anyone who violates any of the provisions of this article shall be subject to a penalty as provided in Chapter 1, Article I, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
In general. Any license granted herein may be revoked, suspended, or not renewed by the Village Board as follows:
(1) 
If the applicant has made or recorded any statement required by this article knowing it to be false or fraudulent or intentionally deceptive.
(2) 
For the violation of any provision of this article, except for establishment license matters involving a violation of building codes, in such case the license shall be revoked after the second conviction thereof in any license year.
(3) 
After one conviction of any establishment personnel of an offense under Ch. 944, Wis. Stats., or of an offense against the person or property of a patron of the property, or of an offense involving a substance in Subchapter II of Ch. 961, Wis. Stats., where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant.
(4) 
If the licensee, operator or employer becomes ineligible to obtain a license.
(5) 
If an operator employs an employee who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs or works as an entertainer without being registered with the Village Clerk.
(6) 
If any cost or fee required to be paid by this article is not paid.
(7) 
If any intoxicating liquor or fermented malt beverage, narcotic or controlled substance is served or consumed on the premises of the adult-oriented establishment.
(8) 
If any operator, employee or entertainer sells, furnishes, gives or displays, or causes to be sold, furnished, given or displayed, to any minor any material depicting specified sexual activities or specified anatomical areas.
B. 
Notice of hearing. No license shall be revoked, suspended, or not renewed by the Village Board except upon due notice and hearing to determine whether grounds for such action exist. Such hearing shall be held before the Village Board. Notice of such hearing shall be in writing and shall state the grounds of the complaint against the licensee. The notice shall be served upon the licensee at least 15 days prior to the date of the hearing and shall state the time and place thereof.
C. 
Hearing. The licensee shall be entitled to be heard, to be represented by counsel, to cross-examine opposing witnesses, and to present witnesses on his or her own behalf under subpoena by the Village Board if such is required, and the hearing may be stenographically recorded at the licensee's option and expense. At the conclusion of such hearing, the Village Board shall prepare findings of fact and conclusions as to what, if any, action the Village Board will take with respect to the license. The Village Board shall provide the complainant and licensee with a copy of the report.