The following definitions are applicable in this chapter:
ADULT BATH HOUSE
An establishment or business which provides the service of
baths of all kinds, including all forms and methods of hydrotherapy,
that is not operated by a medical practitioner or a professional physical
therapist licensed by the State of Wisconsin and which establishment
provides to its patrons an opportunity for engaging in specified sexual
activities as defined in this article.
ADULT BODY-PAINTING STUDIO
An establishment or business wherein patrons are afforded
an opportunity to paint images on a body which is wholly or partially
nude. For purposes of this chapter, an adult body painting studio
shall not be deemed to include a tattoo parlor.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade in books, magazines, and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas as defined herein. This includes an establishment
having as its stock-in-trade, for sale, rent, trade, lease, inspection
or viewing books, films, video cassettes, motion pictures, magazines
or other periodicals which are distinguished or characterized by their
emphasis on matters depicting, describing or relating to specific
sexual activities or specified anatomical areas, and in conjunction
therewith have facilities for the presentation of adult entertainment,
including adult-oriented videotapes, films, motion pictures or other
offered entertainment for observation by patrons therein.
ADULT CABARET
A cabaret which features male or female impersonators or
similar entertainers.
ADULT ENTERTAINMENT
Any exhibition of any motion pictures, live performance,
display or dance of any type, which has a significant or substantial
portion of such performance or is distinguished or characterized by
an emphasis on, any actual or simulated performance of specified sexual
activities, or exhibition and viewing of specified anatomical areas,
as defined herein, appearing unclothed, or the removal of articles
of clothing to reveal specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity for fewer than 50 patrons,
including establishments that have coin-operated video or motion picture
booths, used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas as defined herein
for observation by patrons therein.
ADULT MODELING STUDIO
An establishment or business which provides the services
of modeling for the purpose of reproducing the human body wholly or
partially nude by means of photography, painting, sketching, drawing
or otherwise.
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 or description of specified
sexual activities or specified anatomical areas; and which may have
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
An enclosed building with a capacity of 50 or more persons
at 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 as defined herein for observation by patrons therein.
ADULT MOTION PICTURE THEATER (OUTDOOR)
A parcel of land from which individuals may view a motion
picture presented out-of-doors which presents material distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activity or specified anatomical areas,
as defined herein, for observation by patrons.
ADULT NOVELTY SHOP
An establishment or business having as a substantial or significant
portion of its stock-in-trade in novelty or other items which are
distinguished or characterized by their emphasis on, or designed for,
specified sexual activities or specified anatomical areas, as defined
herein, or stimulating such activity.
ADULT-ORIENTED ESTABLISHMENT
An establishment which includes, but is not limited to, adult
bookstores, adult motion-picture theaters, adult mini motion theaters,
adult bath houses, adult body-painting studios, adult motels, adult
novelty shops or adult cabarets, and 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 purposes 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 profit, direct or indirect.
An 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.
BOOTH, ROOM or CUBICLE
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, and 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 Chapter 50, Wis. Stats.
CHURCH
A building whether situated within the Village or not, in
which persons regularly assemble for religious worship intended primarily
for purposes connected with such worship or for propagating a particular
form of religious belief.
CUSTOMER
Any person who:
A.
Is allowed to enter an adult-oriented establishment in return
for the payment of an admission fee or any other form of consideration
or gratuity; or
B.
Enters an adult-oriented business and purchases, rents or otherwise
partakes of any merchandise, goods, entertainment or other services
offered therein; or
C.
Is a member of and on the premises of an adult-oriented establishment
operating as a private club.
DAY-CARE CENTER
A facility licensed by the State of Wisconsin pursuant to
§ 48.65, Wis. Stats., whether situated within the Village
or not.
DOOR, CURTAIN or PORTAL PARTITION
A nontransparent closure device which prevents activity taking
place within a booth, room or cubicle from being seen or viewed from
outside the booth, room or cubicle.
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any services directly or indirectly related
to the operation of an adult-oriented establishment.
ENTERTAINER
Any person who provides entertainment within an adult-oriented
establishment as defined in this chapter, whether or not a fee is
charged or accepted for entertainment and whether or not entertainment
is provided as an employee or independent contractor.
HARMFUL TO MINORS
That quality of any description or representation, in whatever
form, of nudity, specified sexual activities or specified anatomical
areas, which taken as a whole appeals to the prurient interest in
sex, which taken as a whole portrays sexual conduct in a patently
offensive way, and which taken as a whole does not have serious literary,
artistic, political or scientific value. Whether a work appeals to
the prurient interest and whether it depicts or describes sexual conduct
in a patently offensive way, and whether it has serious literary,
artistic, political or scientific value are to be determined by applying
contemporary community standards in the adult community as a whole
with respect to what is suitable material for minors.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
A.
The character and content of any material described herein which
is reasonably suspect under this section; and
B.
The age of a minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the defendant
made a reasonable bona fide attempt to ascertain the true age of such
minor.
KNOWLEDGE OF MINOR'S AGE
A.
Knowledge or information that the person is a minor; and
B.
Reason to know, or a belief or grounds for belief, which warrants
further inspection or inquiry of the age of the minor.
MINOR
Any person under the age of 18 years.
NUDITY
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering or the showing
of the female breast with less than a fully opaque covering of any
part of the nipple, or the showing of covered male genitals in a discernible
turgid state.
RESIDENTIAL
Pertaining to the use of land, whether situated within the
Village or not, for premises such as homes, townhouses, duplexes,
condominiums, apartments and mobile homes, which contain habitable
rooms for nontransient occupancy and which are designed primarily
for living, sleeping, cooking and eating therein. A premises which
is designed primarily for living, sleeping, working and eating therein
shall be deemed to be residential in character unless it is actually
occupied and used exclusively for other purposes. Hotels, motels,
boarding houses, nursing homes and hospitals shall not be considered
to be residential.
SADOMASOCHISTIC ABUSE
Flagellation or torture by a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
SCHOOL
A building, whether situated within the Village or not, where
persons regularly assemble for the purpose of instruction or education,
together with playgrounds, stadia and other structures or grounds
used in conjunction therewith. The term is limited to:
A.
Public and private schools used for primary or secondary education
in which any regular kindergarten or grades one through 12 classes
are taught; and
B.
Special educational facilities in which students who have physical
or learning disabilities receive specialized education in lieu of
attending regular classes in kindergarten or any of grades one through
12.
SEXUAL CONDUCT
The commission of any of the following: sexual intercourse,
sodomy, bestiality, necrophilia, human excretion, masturbation, sadism,
masochism, fellatio, cunnilingus or lewd exhibition of human genitals.
SEXUAL INTERCOURSE
Physical sexual contact between individuals that involves
the genitalia of at least one person, including, but not limited to,
heterosexual intercourse, sodomy, fellatio or cunnilingus.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered:
A.
Human genitals, pubic region;
C.
Female breast below a point immediately above the top of the
areola;
D.
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Simulated or actual:
A.
Showing of human genitals in a state of sexual stimulation or
arousal;
B.
Acts of human masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio, cunnilingus;
C.
Fondling or other erotic touching of human genitals, pubic region,
buttock, or female breasts.
SUBSTANTIAL
As used in various definitions shall mean 50% or more of
a business' stock-in-trade, display space, floor space or retail sales
in any one month during the license year.
WAITING AREA
An area adjacent to the main entrance that is separate from
any area where massages are given.