It is the purpose of this article to regulate adult-oriented
establishment businesses (hereinafter referred to as "adult-oriented
establishments") to promote the health, morals and the general welfare
of the citizens of the Town of Vinland, 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 nonrefundable adult-oriented establishment application fee
as prescribed in the current Town 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.
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) 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
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 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.
All private schools and public schools, as defined in Ch. 115,
Wis. Stats., located within the Town, are exempt from obtaining a
license hereunder when instructing pupils in sex education as part
of their curriculum.
In addition to any other actions allowed by law or taken by
the Town Board, including the action of license revocation, suspension
or nonrenewal, anyone who violates any of the provisions of this article
shall forfeit not less than $250 but not more than $1,000 for each
and every offense, together with the costs of prosecution. If such
forfeiture and costs are not paid, such person so convicted shall
be subject to any civil penalties or other penalties available by
law.