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 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, videocassettes, 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 of 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,
videocassettes, 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, videocassettes, 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,
videocassettes, 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, videocassettes, 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 subrent 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, videocassettes, 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,
videocassettes, 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 Grafton, 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 or which 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.
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.
[Amended by Ord. No. 025, Series 2004]
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 not more than a complete opaque
covering of any part of the nipple or areola.
[Amended by Ord. No. 025, Series 2004]
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.
[Amended by Ord. No. 025, Series 2004]
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 subsections
A and
B of this definition.
TRANSFER OF OWNERSHIP OR CONTROL OF SEXUALLY ORIENTED BUSINESS
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.
A license fee of $250 shall be submitted with the application
for a 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 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.
Chapter 68, Wis. Stats., 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 § 68.08,
Wis. Stats., to the Village Clerk. An administrative appeal pursuant
to the provision contained in § 68.10, Wis. Stats., 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 § 68.11,
Wis. Stats. Any party to a proceeding resulting in a final determination
may seek judicial review pursuant to the provisions contained in § 68.13,
Wis. Stats.
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.
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 of Grafton Police 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.
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 by a fine of $500 plus court costs.
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 this
chapter, or the application thereof to any person or circumstances
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 is held to be 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.
All ordinances or parts of ordinances in conflict with the provisions
of this chapter are hereby repealed.