As used in this chapter, the following terms shall have the
meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited, wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled or still or motion picture machines, projectors,
or other image-producing devices are regularly 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 their
emphasis upon matters exhibiting "specified sexual activities" or
"specified anatomical areas."
ADULT BOOKSTORE or ADULT VIDEO STORE
A.
A commercial establishment that has as a significant or substantial
portion of its stock-in-trade, or derives a significant or substantial
portion of its revenues or devotes a significant or substantial portion
of its interior business or advertising, or maintains a substantial
section of its sales or display space for the sale or rental, for
any form of consideration, of any one or more of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes, compact discs, slides or
other visual representations, which are characterized by their emphasis
upon the exhibition or display of "specified sexual activities" or
"specified anatomical areas"; or
(2)
Instruments, devices or paraphernalia which are designed for
use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of the user or others.
B.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing "specified sexual activities" or "specified
anatomical areas" and still be categorized as adult bookstore or adult
video store so long as one of its principal business purposes is the
offering for sale or rental for consideration the specified materials
that depict or describe "specified sexual activities" or "specified
anatomical areas." A principal business purpose need not be a primary
use of an establishment so long as it is a significant use based upon
the visible inventory or commercial activity of the establishment.
C.
This definition shall expressly exclude films, motion pictures,
video cassettes, slides or other similar photographic reproductions
given an "R" rating by the Motion Picture Association of America.
ADULT CABARET
A nightclub, dance hall, bar, restaurant or similar commercial
establishment which regularly features:
A.
Persons who appear seminude; or
B.
Live performances that are characterized by the exposure of
"specified sexual activities" or "specified anatomical areas"; or
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the exhibition or display
of "specified sexual activities" or "specified anatomical areas."
D.
This definition shall expressly exclude films, motion pictures,
video cassettes, slides or other similar photographic reproductions
given an "R" rating by the Motion Picture Association of America.
ADULT MOTEL
A hotel, motel or similar commercial establishment, which:
A.
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproductions,
which are characterized by the depiction of "specified sexual activities"
or "specified anatomical areas"; and has a sign visible from the public
right-of-way which advertises the availability of this adult type
of photographic reproductions; or
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 sub-rent the
room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas." This definition shall expressly exclude films, motion pictures,
video cassettes, slides or other similar photographic reproductions
given an "R" rating by the Motion Picture Association of America.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear nude or
seminude, or live performances which are characterized by the exposure
of "specified sexual activities" or "specified anatomical areas."
BOARD
The Village Board for the Village of Fredonia, Ozaukee County,
Wisconsin.
DIRECTLY
To require physical contact. For instance, when this chapter
prohibits an employee to receive a gratuity "directly" from a patron,
it prohibits the direct touching of skin, other body parts or clothing.
DISTINGUISHED OR CHARACTERIZED BY
The dominant or principal theme of the object referenced.
For instance, when the phrase refers to films "which are distinguished
or characterized by an emphasis upon the exhibition or display of
specified sexual activities or specified anatomical areas," the films
so described are those whose dominant or principal character and theme
are the exhibition or display of "specified sexual activities" or
"specified anatomical areas."
EMPLOYEE, EMPLOY and EMPLOYMENT
Describe and pertain to any person who performs any service
on the premises of a sexually oriented business on a full-time, part-time,
or contract basis, regardless of whether the person is denominated
as an employee, independent contractor, agent, or by another status.
"Employee" does not include a person exclusively on the premises for
repair or maintenance of the premises, or for the delivery of goods
to the premises.
ESCORT
A person who, for consideration, and for another person,
agrees or offers to privately model lingerie or to privately perform
a striptease.
ESCORT AGENCY
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.
ESTABLISH or ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business;
B.
The conversion of any existing business, whether or not a sexually
oriented business, to any sexually oriented business;
C.
The addition of any sexually oriented business to any other
existing sexually oriented business; or
D.
The relocation of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
NUDE, NUDITY or STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva or anus with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of any
part of the nipple or areola, or the showing of the covered male genitals
in a discernibly turgid state.
OPERATE or CAUSE TO BE OPERATED
To cause to function or to put or keep in a state of doing
business. "Operator" means any person on the premises of a sexually
oriented business who is authorized to exercise operational control
of the business, or who causes to function or who puts or keeps in
operation the business. A person may be found to be operating or causing
to be operated a sexually oriented business regardless of whether
that person is an owner, part owner, or licensee of the business.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
PREMISES
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, the
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.
REGULARLY FEATURES or REGULARLY SHOWS
A consistent or substantial course of conduct, such that
the films or performances exhibited constitute a substantial portion
of the films or performances offered as part of the ongoing business
of the sexually oriented business.
SEMINUDE or SEMINUDE CONDITION
The showing of the human male or female genitals, pubic area,
vulva or anus, with not more than a complete opaque covering, or the
showing of the female breast with no more than a complete opaque covering
of any part of the nipple or areola.
SEXUAL ENCOUNTER CENTER
A business or commercial establishment, that as one of its
principal business purposes, offers for any form of consideration,
a place where two or more persons may congregate, associate, or consort
for the purpose of "specified sexual activities." The definition of
sexual encounter center or any sexually oriented business shall not
include an establishment where a medical practitioner, psychologist,
psychiatrist, or similar professional person licensed by the state
engages in medically approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
A.
The human male genitals in a discernibly turgid state, even
if completely and opaquely covered; or
B.
Less than completely and opaquely covered human genitals, pubic
region, vulva, anus or the nipple and areola of the human female breast.
SPECIFIED SEXUAL ACTIVITY
A.
The fondling of another person's genitals, pubic region, anus,
or female breasts;
B.
Actual sex acts, normal or perverted, including intercourse,
oral copulation, masturbation, or sodomy; or
C.
Excretory functions as part of, or in connection with, any of
the activities set forth in A through B above.
SUBSTANTIAL ENLARGEMENT
Of a sexually oriented business, means the increase in floor
areas occupied by the business by more than 25%, as the floor areas
exist on the date this chapter takes effect.
TRANSFER OF OWNERSHIP OR CONTROL
Of a sexually oriented business, means and 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 similar 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 law upon the death of the
person possessing the ownership or control.
"Sexually oriented businesses" are classified as follows:
B. Adult bookstores or adult video stores;
E. Adult motion-picture theaters;
H. Sexual encounter centers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A license fee in accordance with the Village's current Schedule
of Fees shall be submitted with the application for a sexually
oriented business license or with the application for a sexually oriented
business employee license. If the application is denied, 1/2 of the
fee shall be returned. The remainder shall be applied toward processing
and administrative costs.
The sexually oriented business license shall be displayed in
a conspicuous public place, at or near the entrance of the sexually
oriented business, so that it may be easily read at any time. All
sexually oriented business employee licenses shall be promptly made
available upon inspection or request.
[Amended 11-17-2022 by Ord. No. 2022-6]
Chapter
68 of the Wisconsin Statutes concerning municipal administrative procedure shall govern the administrative procedure and review concerning the granting, denial, renewal or nonrenewal of a permit or a license. A request for an initial determination shall be made by an aggrieved person pursuant to the provisions contained in Wisconsin Statutes, § 68.08 to the Village Clerk. An administrative appeal pursuant to the provision contained in Wisconsin Statute, § 68.10 may be made by an aggrieved person to the Board of Appeals and a hearing shall be held by the Board of Appeals pursuant to Wisconsin Statute, § 68.11. Any party to a proceeding resulting in a final determination may seek judicial review pursuant to the provisions contained in Wisconsin Statutes § 68.13.
A licensee shall not transfer his or her license to another,
nor shall a licensee operate a sexually oriented business under the
authority of a license at any place other than the address designated
in the application.
Any sexually oriented business having available for customers,
patrons or members, any booth, room or cubicle for the private viewing
of any specified anatomical areas or specified sexual activity 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 sexually oriented business
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 non-public areas by a wall.
(2) Each booth shall have at least one side totally open to the public
lighted aisle which may be secured when the booth is in use by a door
which extends from a height of not less than two feet above the floor.
(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 five 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 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.
It shall be prohibited for a person under the age of 18 years
to be on the premises of a sexually oriented business.
The provisions of this chapter do not apply to the following
establishments: theaters, performing arts centers, civic centers,
and dinner theaters where live dance, ballet, music and 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 sexual interests or titillation of customers;
and where the establishment is not distinguished by an emphasis on
or the advertising or promotion of nude or seminude performances.
While expressive live nudity may occur within these establishments,
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 the establishments referenced
in this section.
The Village Marshal or Ozaukee County Sheriff's Department shall
have the authority to enter any sexually oriented business within
the Village at all reasonable times to inspect the premises and enforce
this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of this chapter is subject to a suit for injunction as well as municipal prosecution. Such violation shall be punishable as set forth in §
1-4, General penalty, of the Code, and by fines in accordance with the Village's Schedule of Forfeitures. Each day a sexually oriented business so operates is a
separate offense or violation.
Each section and provision of this chapter is hereby declared
to be independent divisions and subdivisions and, not withstanding
any other evidence of legislative intent, it is hereby declared to
be the controlling legislative intent that if any provisions of said
chapter, or the application thereof to any person or circumstance
is held to be invalid, the remaining sections or provisions and the
application of such sections and provisions to any person or circumstances
other than those to which it is held invalid, shall not be affected
thereby, and it is hereby declared that such sections and provisions
would have been passed independently of such section or provision
so known to be invalid.