[Adopted as Title 11, Ch. 7, Art. C, of the 2012 compilation
of ordinances, as amended through 5-22-2013]
It is the purpose of this article to regulate adult-oriented
establishment businesses (hereinafter referred to as adult-oriented
establishments) to promote the health, safety, morals, and the general
welfare of the citizens of the Village of Winneconne, 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.
Except as provided in Subsection D below, no adult-oriented establishment shall be operated or maintained within the corporate limits of the Village of Winneconne without first obtaining a license to operate issued by the Village of Winneconne.
B.
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place per filed application. Any person,
partnership, or corporation which 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, partnership, or corporation except as set forth in § 190-20.
D.
All adult-oriented establishments existing at the time of the original
passage of this chapter must submit an application for a license within
90 days of the passage of this chapter. If an application is not received
within said ninety-day period, then such existing adult-oriented establishment
shall cease operations.
A.
License procedure. Any person, partnership, or corporation desiring to secure an adult-oriented establishment license shall make application to the Village Clerk-Treasurer. The application shall be filed in triplicate with and dated by the Village Clerk-Treasurer. A copy of the application shall be distributed within 10 days of receipt thereof to the Police Department, Fire Inspector, Building Inspector, and to the applicant. The procedures prescribed in § 190-5A through C shall be applicable to adult entertainment licenses under this article.
B.
Required information. The application for a license shall be upon
a form provided by the Village Clerk-Treasurer. An applicant for a
license, which shall include all partners or limited partners of a
partnership applicant, all officers or directors of a corporate applicant,
all members of any limited liability company applicant, and any other
person who is interested directly in the ownership or operation of
the business, shall furnish the following information under oath:
(1)
Name, including all aliases, address and date of birth of applicant;
(2)
Written proof that the individual is at least 18 years of age;
(3)
All residential addresses of the applicant for the past 10 years;
(4)
The business, occupation, or employment of the applicant for 10 years
immediately preceding the date of application;
(5)
The exact nature of the adult entertainment to be conducted;
(6)
Whether the applicant previously operated in this or any other state,
county or municipality under an adult-oriented establishment license
or similar business license; whether the applicant has ever had such
a license revoked or suspended, the reason therefor, and the business
entity or trade name under which the applicant operated that was subject
to the suspension or revocation;
(7)
All criminal convictions, whether federal or state, or municipal
ordinance violation convictions, forfeiture of bond and pleadings
of nolo contendere on all charges, except traffic offenses;
(8)
Fingerprints and two portrait photographs of at least two inches
by two inches of the applicant;
(9)
The address of the adult-oriented establishment to be operated by
the applicant;
(11)
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
and the name and address of the registered agent of the corporation.
C.
Failure to provide information. Failure or refusal of the applicant
to provide any information for the investigation of the application,
or the applicant's refusal or failure to appear at any reasonable
time and place for examination under oath regarding said application,
or refusal to submit to or cooperate with any investigation required
by this section, shall constitute an admission by the applicant of
ineligibility for such license and shall be grounds for denial thereof.
A.
General requirements. To receive a license to operate an adult establishment,
an applicant must meet the following standards:
(1)
If the applicant is an individual:
(a)
The applicant shall be at least 18 years of age;
(b)
Subject to Chapter 111, Wis. Stats., the applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and
(c)
The applicant shall not have been found to have previously violated
this article within five years immediately preceding the date of the
application.
(2)
If the applicant is a corporation:
(a)
All officers, directors, and others required to be named under § 190-14B shall be at least 18 years of age;
(b)
Subject to Chapter 111, Wis. Stats., no officer, director, or other person required to be named under § 190-14B shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and
(3)
If the applicant is a partnership, joint venture, limited liability
company or any other type of organization where two or more persons
have a financial interest:
(a)
All persons having a financial interest in the partnership,
joint venture or other type of organization shall be at least 18 years
of age;
(b)
Subject to Chapter 111, Wis. Stats., no person having a financial interest in the partnership, joint venture, or other type of organization shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and
(c)
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 article within five years immediately
preceding the date of the application.
B.
Investigation. No license shall be issued unless the Village of Winneconne
Police Department has investigated the applicant's qualifications
to be licensed. The results of that investigation shall be filed,
in writing, with the Village Clerk-Treasurer no later than 14 days
after the application.
C.
Inspection. The Building Inspector, Fire Inspector, and/or Police
Department shall inspect the premises proposed to be licensed to verify
compliance with their respective codes, and shall report compliance
findings to the Village Clerk-Treasurer within 14 days of the date
of application.
D.
Proof. No license shall be issued unless the applicant provides proof
of one of the following:
(1)
Ownership of a properly zoned building or parcel of real property
upon which a building can be constructed. Proper zoning includes permissible
nonconforming use status.
(2)
A lease on a building is which is properly zoned to house a venture.
Proper zoning includes permissible nonconforming status.
(3)
An option to purchase property which is properly zoned for the venture.
(4)
An option to lease a property which is properly zoned for the venture.
Proper zoning includes permissible nonconforming status.
A nonrefundable adult-oriented establishment license application
fee as prescribed in the current Village Fee Schedule[1] shall be submitted with the application for a license.
[1]
Editor's Note: The Fee Schedule is on file in the Village
office.
The adult-oriented establishment license shall be displayed
in a conspicuous public place in the adult-oriented establishment.
A.
Every license issued pursuant to this article will terminate on June
30 of the year it is issued, 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 filed in
triplicate with and dated by the Village Clerk-Treasurer. A copy of
the application for renewal shall be distributed by the Village Clerk-Treasurer
to the Police Department, Building Inspector, Fire Inspector and the
applicant. The application for renewal shall be upon a form provided
by the Village Clerk-Treasurer and shall contain such information
and data, given under oath or affirmation, as is required for an application
for a new license.
B.
A fee for a license or renewal thereof shall be as determined by
the Village Board and shall be submitted with the application for
renewal.
C.
If the Police Department is aware of any information bearing on the
operator's qualifications, that information shall be filed, in writing,
with the Village Clerk-Treasurer.
A.
Whenever an initial application is denied, the Village Clerk-Treasurer
shall, within 14 days of the denial, 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 at the next regularly scheduled meeting of the Village
Board.
B.
Failure or refusal of the applicant to give any information relevant
to the investigation of the application or his or her refusal or failure
to appear at any reasonable time and place for examination under oath
regarding said application or his or her refusal to submit to or cooperate
with any investigation required by this article shall constitute an
admission by the applicant that he or she is ineligible for such license
and shall be grounds for denial thereof by the Village Clerk-Treasurer.
A.
A license is personal to the owner(s) and operator designated in
the application, provided it may be transferred pursuant to this section.
A transfer application must be filed no less than 10 days before any
change of the owner(s) or operators designated on the application.
In the event that a transfer application is not timely filed, then
the license shall be invalid for any purpose relating to the operation
of the adult-oriented business, and any transfer shall require the
filing of an original application and be subject to the regulations
applicable thereto.
B.
The Village Clerk-Treasurer shall prescribe a form on which license
transfer applications shall be made. The form shall include a statement
under oath that the original application remains correct as previously
submitted in all respects except those that are amended by the transfer
application. The transfer application shall contain a statement under
oath that the individual signing the transfer application has personal
knowledge of the information contained therein and that the information
is true and correct and shall not be complete unless accompanied by
a nonrefundable transfer fee as determined by the Village Board. Transfer
applications shall be filed in the same place and at the same time
as original applications, and the fee shall be payable in the same
manner as for original applications.
C.
Transfer applications shall be reviewed, issued and subject to appeal
in the same manner as original applications, and they shall be issued
for the remaining term of the license to be transferred.
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 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 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.
A.
An operator, licensed under this article, shall maintain a register
of all employees, showing the name and aliases used by the employee,
home address, birth date, sex, telephone numbers, social security
number, and date of employment and termination. The above information
on each employee shall be maintained in the register on the premises
for a period of three years following termination.
B.
The operator shall make the register of employees available immediately
for inspection by law enforcement officers upon demand of a member
of a law enforcement agency at all reasonable times.
C.
Every act or omission by an employee constituting a violation of
the provisions of this article 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.
D.
Any act or omission of any employee constituting a violation of the
provisions of this article 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.
E.
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 sexually explicit live adult entertainment
or materials containing depictions of specified sexual activities
or specified anatomical areas as defined herein.
F.
The operator shall maintain the premises in a clean and sanitary
manner at all times.
G.
The operator shall ensure compliance of the establishment and its
patrons with the provisions of this article.
H.
The operator shall ensure there is conspicuously posted inside each
booth, room or cubicle an unmutilated and undefaced sign or poster
supplied by the Village which contains information regarding sexually
transmitted diseases and the telephone numbers from which additional
information can be sought.
I.
The operator shall ensure there is, conspicuously displayed at a
place near the main entrance of the establishment, or portion thereof,
any information, brochures, or pamphlets supplied by the Village pertaining
to sexually transmitted diseases.
J.
The operator shall ensure there are posted regulations concerning
booth occupancy on signs, with lettering at least one inch high, that
are placed in conspicuous areas of the establishment and in each of
the booths, rooms or cubicles.
K.
The Village shall charge its reasonable costs for supplying such
posters, brochures, pamphlets and other information required under
this article.
A.
All operators, employees, and independent contractors working in
any adult-oriented establishment hereunder shall, prior to beginning
employment or contracted duties, register with the Village Clerk-Treasurer.
Such registration shall include the following:
B.
Upon registration, the Village will provide to each registered employee
an identification card containing the employee's photograph identifying
the employee as such, which shall be kept available for production
upon request of all inspecting officers while on duty at such adult-oriented
establishment.
C.
All registrations hereunder are valid for a period of one year.
D.
The registration fee as determined by the Village Board shall be
paid per registration, which shall be paid to the Village to cover
costs of the identification card.
All private schools and public schools, as defined in Chapter
115, Wis. Stats., located within the Village are exempt from obtaining
a license hereunder when instructing pupils in sex education as part
of its curriculum.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In addition to any other actions allowed by law or taken by the Village Board, including the action of license revocation, suspension or nonrenewal, anyone who violates any of the provisions of this article shall be punishable as set forth in § 1-3, General penalty, of the Code. If any forfeiture and costs are not paid, such person so convicted shall be subject to any civil penalties or other penalties available by law.
A.
In general. Any license granted herein may be revoked, suspended,
or not renewed by the Village Board as follows:
(1)
If the applicant has made or recorded any statement required by this
section knowing it to be false or fraudulent or intentionally deceptive;
(2)
For the violation of any provision of this article, except for establishment
license matters involving a violation of building codes, in such case
the license shall be revoked after the second conviction thereof in
any license year;
(3)
After one conviction of any establishment personnel of an offense
under Ch. 944, Wis. Stats., or of an offense against the person or
property of a patron of the property or of an offense involving a
substance in Subsection II of Ch. 961, Wis. Stats., where there is
shown the participation or knowledge of any other establishment personnel
or of any individual within the business structure of the applicant.
(4)
If the licensee, operator or employer becomes ineligible to obtain
a license.
(5)
If an operator employs an employee who does not have a permit or
provides space on the premises, whether by lease or otherwise, to
an independent contractor who performs or works as an entertainer
without being registered with the Village Clerk-Treasurer.
(6)
If any cost or fee required to be paid by this section is not paid.
(7)
If any intoxicating liquor or fermented malt beverage, narcotic or
controlled substance is served or consumed on the premises of the
adult-oriented establishment.
(8)
If any operator, employee or entertainer sells, furnishes, gives
or displays, or causes to be sold, furnished, given or displayed to
any minor any material depicting specified sexual activities or specified
anatomical areas.
B.
Notice of hearing. No license shall be revoked, suspended, or not
renewed by the Village Board except upon due notice and hearing to
determine whether grounds for such action exist. Such hearing shall
be held before the Village Board. Notice of such hearing shall be
in writing and shall state the grounds of the complaint against the
licensee. The notice shall be served upon the licensee at least 15
days prior to the date of the hearing and shall state the time and
place thereof.
C.
Hearing. The licensee shall be entitled to be heard, to be represented
by counsel, to cross-examine opposing witnesses, to present witnesses
on his or her own behalf under subpoena by the Village Board if such
is required, on his or her own behalf under subpoena by the Village
Board if such is required, and the hearing may be stenographically
recorded at the licensee's option and expense. At the conclusion of
such hearing, the Village Board shall prepare findings of fact and
conclusions as to what, if any, action the Village Board will take
with respect to the license. The Village Board shall provide the complainant
and licensee with a copy of the report.
