[HISTORY: Adopted by the Village Board of the Village of
Coloma 6-26-2008 by Ord. No. 9-6-8. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade for sale, rent, lease, inspection or viewing
books, films, video cassettes, magazines or other periodicals which
are distinguished or characterized by their emphasis on matters depicting,
describing or relating to "specified anatomical areas" or "specified
sexual activities" as defined below, or an establishment with a section
or segment devoted to the display and the sale, rental, or leasing
of such material.
Any premises including, but not limited to, "adult bookstores,"
"adult motion-picture theaters," "adult mini motion-picture establishments,"
or "adult cabarets." It further means any premises to which public
patrons or members are invited or admitted and which are so physically
arranged so as to provide booths, cubicles, rooms, compartments, or
stalls separate from the common area 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. "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, 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 portion of the human female mammary gland (commonly referred
to as the "female breast") including the nipple and the areola (the
darker colored area of the breast surrounding the nipple).
The area at the rear of the human body referred to as the
"gluteus maximus."
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time, contract basis, or independent
basis, whether or not the person is denominated an employee, independent
contractor, agent, or otherwise, and whether or not said person is
paid a salary, wage, or other compensation by the operator of said
business. "Employee" does not include a person exclusively on the
premises for repair or maintenance of the premises or equipment on
the premises, or for the delivery of goods to the premises, nor does
"employee" include a person exclusively on the premises as a patron
or customer.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
Any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of any existing business, whether or not a sexually
oriented business to any sexually oriented business;
The additions of any sexually oriented business to any other
existing sexually oriented business;
The relocation of any sexually oriented business;
A sexually oriented business or premises on which the sexually
oriented business is located.
A facility licensed by the State of Wisconsin, under § 48.65,
Wis. Stats., whether situated within the Village of Coloma or not,
that provides care, training, education, custody, treatment or supervision
for more than four children under 14 years of age, where such children
are not related by blood, marriage or adoption to the owner or operator
of the facility, for less than 24 hours a day, regardless of whether
or not the facility is operated for profit or charges for the services
it offers.
The appearance of the human bare anus, anal cleft or cleavage,
pubic area, male genitals, female breast, female genitals, or vulva
with less than a fully opaque covering.
Any person on the premises who is responsible for the control,
management, operation, maintenance, or ownership of any adult-oriented
establishment.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The real property upon which the sexually oriented business
is located and all appurtenance thereto and buildings thereon, including,
but not limited to, the sexually oriented business, the grounds, private
walkways, and parking lots and/or parking garages adjacent thereto,
under the ownership, control or supervision of the owner or operator
of the business.
Recurring on a basis which is frequently, customarily or
typically.
The exposure of a bare anus, anal cleft or cleavage or the
female breast with less than a complete and opaque covering or the
male genitals with less than a complete opaque covering.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, or sexual encounter center.
The Village Board for the Village of Coloma, Waushara County,
Wisconsin.
A.
Except as provided in Subsection D below, from and after the effective date of this section, no adult-oriented establishment shall be operated or maintained in the Village of Coloma without first obtaining a license to operate issued by the Village Board.
B.
A license may be issued for one adult-oriented establishment located
at a fixed and certain place as allowed for herein. Any person who
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.
D.
All adult-oriented establishments existing at the time of the passage
of this section must submit an application for a license within 60
days of the passage of this section.
A.
Any person desiring to secure a license shall make application to
the Village Clerk/Treasurer. The application shall be filed in triplicate
and dated by the Village Clerk/Treasurer. A copy of the application
shall be distributed promptly by the Village Clerk/Treasurer to the
Village of Coloma Police Department and the Waushara County Sheriff's
Department and to the applicant.
B.
The application for license shall be upon a form provided by the
Village Clerk/Treasurer. An applicant for a license 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 address or location of the adult-oriented establishment to be
operated by the applicant.
(4)
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
the name and address of the registered agents and the name and address
of all shareholders owning more than 5% of the stock in such corporation
and all officers and directors of the corporation.
C.
Within 30 days of receiving an application for license, the Village
Clerk/Treasurer shall notify the applicant whether the application
is granted or denied.
D.
Whenever an application is denied, the Village 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 within 10 days thereafter
before the Village Board or its designated committee. The cost of
said special Board meeting to be borne by the applicant.
E.
Failure or refusal of the applicant to give any information relevant
to the application or his refusal or failure to appear at any reasonable
time and place for examination under oath regarding such application
or his refusal to submit to or cooperate with regard to any information
required by this section shall constitute an admission by the applicant
that he/she is ineligible for such license and shall be grounds for
denial thereof by the Village Clerk/Treasurer.
B.
C.
If the applicant is a partnership, joint venture or any other type
of organization where two or more persons have a financial interest:
(1)
All persons having a financial interest in the partnership, joint
venture or other type of organization shall be at least 18 years of
age.
(2)
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 chapter within five years immediately preceding
the date of the application.
A license fee of $600 shall be submitted with the application
for a license. If the application is denied, 1/2 of the fee shall
be returned.
The license shall be displayed in a conspicuous public place
in the adult-oriented establishment.
A.
Every license issued pursuant to this chapter will terminate at the
expiration of one year from date of issuance, 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/Treasurer. The application for renewal must be filed
not later than 60 days before the license expires. The application
for renewal shall be upon a form provided by the Village Clerk/Treasurer
and shall contain such information and date given under oath or affirmation
as is required for an application for a new license.
B.
A license renewal fee of $600 shall be submitted with the application
for renewal. In addition to the renewal fee, a late penalty of $150
shall be assessed against any applicant who files for a renewal less
than 60 days before the license expires. If the application is denied,
1/2 of the total fees collected shall be returned.
C.
If the Village of Coloma Police Department and/or the Waushara County
Sheriff's Department is aware of any information bearing on the
operator's qualifications, that information shall be filed in
writing with the Village Clerk/Treasurer.
D.
The Village of Coloma and the Waushara County Building Inspector
shall inspect the establishment prior to the renewal of a license
to determine compliance with the provisions of this chapter.
A.
The Village Board shall revoke a license or permit 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)
If the operator or any employee of the operator violates any provision
of this chapter or any rules or regulation adopted by the Village
Board 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 30 days
(60 days for the second offense, 90 days for the third offense, and
revocation for the fourth offense within a thirty-six-month period)
if the Village Board 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 or permit.
(4)
Any cost or fee required to be paid by this chapter is not paid.
(5)
Any intoxicating liquor or cereal malt beverage is served or consumed
on the premises of the adult-oriented establishment.
B.
The Village Board, before revoking or suspending any license or permit,
shall give the operator at least 10 days' written notice of the charges
against him and the opportunity for a public hearing before the Village
Board or its designated committee.
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.
Sexually oriented businesses shall be permitted in the Light
Industrial (I-1) Zoning District and the Heavy Industrial (I-2) Zoning
District, provided that:
A.
The sexually oriented business may not be operated within (whether
the following are located in or outside of the Village of Coloma):
(1)
Eight hundred feet of a church, chapel, synagogue, or regular place
of religious worship;
(2)
Eight hundred feet of a school; public or private preschool, elementary,
middle or high school; or youth recreational center, or library;
(3)
Eight hundred feet of a licensed day-care center, clinic, or hospital;
(4)
Eight hundred feet of a public park;
(5)
Eight hundred feet of any residential district, R-1 and R-2 Residential
Single-Family Districts, and R-3 Residential Two-Family, R-4 Residential
Multifamily; and any commercial districts, C-1 Neighborhood Commercial,
C-2 Community Commercial, C-3 Highway Commercial;
(6)
Eight hundred feet of any licensed bar or tavern;
(7)
Eight hundred feet of another sexually oriented business.
B.
A sexually oriented business may not be operated in the same building,
structure, or portion thereof, containing another sexually oriented
business.
C.
For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line or boundary of a property listed in Subsection A of this section.
A.
No person, employee, entertainer, or patron shall be permitted to
have any physical contact with any entertainer on the premises during
any performance. All performances shall only occur on a stage, or
on a table that is elevated at least 18 inches above the immediate
floor level and, to prevent actual physical contact between an entertainer
and any other person, employee or patron, shall not be less than eight
feet from any area occupied by any patron. Patrons shall not have
any physical contact with and shall not be less than eight feet from
any entertainer during the payment of a tip or gratuity.
B.
The sale, use, or consumption of alcohol beverages on the premises
of a sexually oriented business is prohibited.
C.
It shall be unlawful to allow a person who is younger than 18 years
of age to enter a sexually oriented business. It shall be presumed
that an attendant knew a person illegally on the premises at any time
the sexually oriented business is open for business was under the
age of 18 years of age.[1]
D.
It shall be the duty of the operator of each sexually oriented business
to ensure that an attendant is stationed at each public entrance to
the sexually oriented business at all times during such sexually oriented
businesses' regular business hours. It shall be the duty of the
attendant to prohibit any person under the age of 18 from entering
the sexually oriented business. It shall be presumed that an attendant
knew a person was under the age of 18 unless such attendant asked
for and was furnished:
E.
No person shall cause another to commit a violation of this chapter,
nor shall any person permit such violation to occur on any premises
under his/her control, tenancy, management, or ownership.
F.
Hours of operation. No sexually oriented business regulated by this
section may remain open between the hours of 2:00 a.m. and 10:00 a.m.
G.
Signs posted. All premises governed by this section shall be required
to post signs provided by the Village of Coloma which states:
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BY THE VILLAGE OF COLOMA ORDINANCE: The use or consumption of
alcohol beverages on these premises is prohibited. No person shall
be permitted to have any physical contact with any entertainer. No
person shall be less than 8 feet from any entertainer, including during
the payment of tips. Violators may be subject to a fine of not less
than $250 and not more than $1,000 per violation.
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H.
Doors. Each entryway to a sexually oriented business featuring live
entertainment or video screens shall through use of a vestibule, screening,
or double doors, and with window coverings, eliminate any direct line
of sight from the public street area to any entertainer or entertainment
on the premises.
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 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 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 ten 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 occupants of same shall engage in any type of sexual
activity, cause any bodily discharge, or litter while in the booth.
No individual 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 constituting a violation of the
provisions of this section 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 employee of an adult-oriented establishment shall allow any minor
to loiter around or to frequent an adult-oriented establishment or
to 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 ten 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, at no time shall
there be less than a footcandle of illumination in said aisles, as
measured from the floor.
F.
The operator shall insure compliance of the establishment and its
patrons with the provision of this chapter.
State law shall govern the administration procedure and review
regarding the granting, denial, renewal, nonrenewal, revocation, or
suspension of a license.
The provisions of this chapter do not apply to the following
establishments; theaters, performing arts centers, civic centers,
and dinner theaters where live dance, live ballet, live music and
live dramatic performances of serious artistic merit are offered on
a regular basis; and in which the predominant business or attraction
is not the offering of entertainment which is intended for the live
public sexual interests or titillation of customers such as with establishments
featuring regular nonobscene erotic dancing; and where the establishment
is not distinguished by an emphasis on or the advertising or promotion
of nude or seminude performances. This chapter seeks only to minimize
and prevent the secondary effects of sexually oriented businesses
on the community. Negative secondary effects have not been associated
with these establishments displaying the above examples of performances
with serious artistic merit.
The consumption of alcohol beverages on the premises of a sexually
oriented business accelerates the deleterious secondary effects of
such businesses in the community. No intoxicating liquor or cereal
malt beverages will be served to its patrons or otherwise be consumed
by patrons on the premises.
A.
Violations of this chapter may be enforced by a citation issued and/or
arrest by the Village of Coloma Police Department and/or the Waushara
County Sheriffs Department.
B.
Violation of the use provisions of § 165-10 is declared to be a public nuisance per se, which shall be abated by the Village Attorney or Waushara County Corporation Counsel by way of civil abatement procedures.
C.
Any person, partnership, limited liability partnership, limited liability
company, corporation or any other form of business organization who
violates any of the provisions of this chapter shall be subject to
a forfeiture of not less than $250, and nor more than $1,000 per violation.
A separate offense and violation shall be deemed committed on each
day on which a violation occurs or continues. In addition, violation
of this chapter constitutes sufficient grounds for suspending, revoking,
or nonrenewal of an alcohol beverage license under § 125.12,
Wis. Stats.[1]
It is the intention of the Village of Coloma that the provisions of this chapter be construed, enforced, and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights consistent with the purposes of this chapter. If any section, subsection, sentence, clause, word or provision of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct, and independent provision, and such holdings shall not affect the validity of the remaining portions of this chapter. Specifically, § 165-9, Location restrictions, and § 165-10, Regulation of sexually oriented businesses, should be considered separate, distinct, and independent provisions, so that if either section is held invalid or unconstitutional for any reason, the other sections will remain valid and enforceable.
