This chapter is adopted pursuant to authority granted by the
Wisconsin Statutes, including, without limitation, §§ 62.11
and 66.0415(1), Wis. Stats.
The purpose of this chapter is to regulate, prevent, combat,
control and mitigate the harmful secondary effects of adult-oriented
uses and establishments operated within the City, in a manner that
is fully consistent with the First Amendment of the United States
Constitution.
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, slug-operated, or for any form of consideration, or
electronically, electrically, or mechanically controlled still- or
motion-picture machines, projectors, video or laser disc players,
or other image-producing devices are 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 the depicting or
describing of specified sexual activities or specified anatomical
areas.
ADULT BOOKSTORE
A use or establishment that sells at retail adult-oriented
printed or graphic materials, provided that 40% or more of the store's
inventory of printed or graphic materials that are displayed and offered
for sale in the store (either in terms of the number of items or in
terms of the aggregate retail value of such items) consists of adult-oriented
printed or graphic materials, or that 40% or more of the display space
or floor area devoted to printed or graphic materials for sale in
the store is devoted to adult-oriented printed or graphic materials,
or that 40% or more of the store's gross receipts from the sale of
printed or graphic materials during any calendar month with the past
12 calendar months is attributable to the sale of adult-oriented printed
or graphic materials, or that the store holds itself out or identifies
itself to the public by its name, its signs and/or its advertising
as an adult bookstore or as a substantial source of adult-oriented
materials, including, without limitation, by verbal or pictorial allusions
to sexual stimulation or gratification or by references to adult books,
adult entertainment, exotic entertainment or similar terms.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A.
A commercial establishment which has a significant or substantial
portion of its stock-in-trade or a significant or substantial portion
of its revenues or devotes a significant or substantial portion of
its interior business to advertising to 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 or video reproductions slides,
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; or
(2)
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
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 an adult bookstore, adult novelty
store, or adult video store. Such other business purposes will not
serve to exempt such commercial establishments from being categorized
as an adult bookstore, adult novelty store, or adult video store so
long as one of its principal business purposes is the offer for sale
or rental for consideration the specified materials which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
C.
Video stores that sell and/or rent only videotapes or other
photographic or computer-generated reproductions and associated equipment
shall come within this definition if 20% or more it its stock-in-trade
or revenues comes from the rental or sale of videotapes or other photographic
reproductions or associated equipment which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
at which on 20 or more days in any twelve-month period:
A.
Persons appear in a state of nudity or seminude; or
B.
Live performances occur which are characterized by the exposure
of specified anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, videocassettes, slides or other photographic
reproductions are shown which are characterized by the depiction or
description of specified sexual activities or specified anatomical
areas, and, without limitation where adult entertainment is typically
available or available on a frequently recurring basis, including
verbal or pictorial allusions to sexual stimulation or gratification
or by references to adult entertainment, exotic entertainment, strippers,
showgirls, exotic dances, gentlemen's club, or similar terms relating
to either or both sexes.
ADULT CLUB
A use or establishment that would be classified as an adult
cabaret, adult dry cabaret or adult viewing facility except that it
is operated as a private club that is open only to members and their
guests.
ADULT DRY CABARET
A use or establishment, open to members of the public, that
does not serve or sell alcoholic beverages and which typically or
on a frequently recurring basis provides or allows the provision of
adult live entertainment to its customers, or which holds itself out
or identifies itself to the public by its name, its signs and/or its
advertising as an adult dry cabaret or an establishment where adult
live entertainment is typically available or available on a frequently
recurring basis including, without limitation, by verbal or pictorial
allusions to sexual stimulation or gratification or by references
to adult entertainment, exotic entertainment, strippers, showgirls,
exotic dances, gentlemen's club, or similar terms relating to either
or both sexes.
ADULT MINI MOTION-PICTURE THEATER
An enclosed establishment with a capacity of less than 50
persons used for presenting materials having as its dominant theme,
or distinguished or characterized by an emphasis on, matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons therein.
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 or description 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
An enclosed establishment with a capacity of 50 or more persons
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.
ADULT MOVIE THEATER
A use or establishment open to the public that typically
or on a frequently recurring basis shows movies which have as their
dominant subject or theme, or which are distinguished or characterized
by their primary emphasis on, the depiction or description of specified
sexual activities or specified anatomical areas, or that holds itself
out or identifies itself to the public by its name, its signs and/or
its advertising as an adult movie theater or a movie theater where
adult-oriented motion-picture materials are typically shown or shown
on a frequently recurring basis, including, without limitation, by
verbal or pictorial allusions to sexual stimulation or gratification
or by references to adult entertainment, exotic entertainment or similar
terms.
ADULT-ORIENTED ESTABLISHMENT
A business, private club or other use conducted at a particular
location, which constitutes or includes one or more adult-oriented
uses, and the building or portion of a building where it is operated.
ADULT-ORIENTED MOTION-PICTURE MATERIALS
Motion-picture materials which have as their dominant subject
or theme, or which are distinguished or characterized by their primary
emphasis on, the depiction or description of specified sexual activities
or specified anatomical areas.
ADULT-ORIENTED PRINTED OR GRAPHIC MATERIALS
Printed or graphic materials that have as their dominant
subject or theme, or which are distinguished or characterized by their
primary emphasis on, the depiction or description of specified sexual
activities or specified anatomical areas.
ADULT-ORIENTED USE
An adult bookstore, adult cabaret, adult club, adult movie
theater, adult dry cabaret, adult video store, adult video rental
store or adult viewing facility.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminude, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
ADULT VIDEO RENTAL STORE
A use or establishment that rents at retail adult-oriented
motion-picture materials, provided that 40% or more of the store's
inventory of motion-picture materials that are displayed and offered
for rent in the store (either in terms of the number of items or in
terms of the aggregate retail value of such items) consists of adult-oriented
motion-picture materials, or that 40% or more of the display space
or floor area devoted to motion-picture materials for rent in the
store is devoted to adult-oriented motion-picture materials, or that
40% or more of the store's gross receipts from the rental of motion-picture
materials during any calendar month within the past 12 calendar months
are attributable to the sale of adult-oriented motion-picture materials,
or that the store holds itself out or identifies itself to the public
by its name, its signs and/or its advertising as an adult video store
or as a substantial source of adult-oriented materials including,
without limitation, by verbal or pictorial allusions to sexual stimulation
or gratification or by references to "adult videos," "adult entertainment,
exotic entertainment or similar terms.
ADULT VIDEO STORE
A use or establishment that sells at retail adult-oriented
motion-picture materials, provided that 40% or more of the store's
inventory of motion-picture materials that are displayed and offered
for sale in the store (either in terms of the number of items or in
terms of the aggregate retail value of such items) consists of adult-oriented
motion-picture materials, or that 40% or more of the display space
or floor area devoted to motion-picture materials for sale in the
store is devoted to adult-oriented motion-picture materials, or that
40% or more of the store's gross receipts from the sale of motion-picture
materials during any calendar month within the past 12 calendar months
are attributable to the sale of adult-oriented motion-picture materials,
or that the store holds itself out or identifies itself to the public
by its name, its signs and/or its advertising as an adult video store
or as a substantial source of adult-oriented materials, including,
without limitation, by verbal or pictorial allusions to sexual stimulation
or gratification or by references to adult videos, adult entertainment,
exotic entertainment or similar terms.
ADULT VIEWING FACILITY
A use or establishment, open to members of the public, that
allows individuals to view adult-oriented motion-picture materials
on site, provided that 40% or more of the motion-picture materials
available for such on-site viewing consist of adult-oriented motion-picture
materials, or that 40% or more of the display space or floor area
devoted to motion-picture materials that can be viewed in the establishment
is devoted to adult-oriented motion-picture materials, or that 40%
or more of the motion-picture materials actually viewed in the establishment
in any calendar month within the past 12 calendar months are adult-oriented
motion-picture materials, or that 40% or more of the establishment's
gross receipts from on-site viewing of motion-picture materials during
any calendar month within the past 12 months are attributable to the
viewing of adult-oriented motion-picture materials, or that the establishment
holds itself out or identifies itself to the public by its name, its
signs and/or its advertising as an adult viewing facility or as a
substantial source of adult-oriented materials, including, without
limitation, by verbal or pictorial allusions to sexual stimulation
or gratification or by references to adult videos, adult entertainment,
exotic entertainment or similar terms.
BOOTH, ROOM or CUBICLE
Such enclosures as are specifically offered to the public
or members of a sexually oriented business for hire or for a fee as
a 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 Ch. 50, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
CUSTOMER
An individual who:
A.
Is allowed to enter an adult-oriented use or establishment in
return for the payment of an admission fee or other form of consideration
or gratuity;
B.
Enters an adult-oriented use or establishment and purchases,
rents or otherwise partakes of any merchandise, goods, entertainment
or other services offered therein; or
C.
Is a member of (or the guest of such a member) and on the premises
of an adult-oriented use or establishment that is operated as a private
club.
EMPLOYEE
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract 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.
ENTERTAINER
Any individual who provides live entertainment in an adult-oriented
use or establishment, and without regard to the nature of such individual's
relationship with the operator.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, who agrees or offers
to privately model lingerie or to privately perform a strip tease
for another person.
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.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business;
B.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
C.
The additions of any sexually oriented business to any other
existing sexually oriented business.
D.
The relocation of any sexually oriented business.
FREQUENTLY RECURRING
Occurring on six or more occasions within a period of six
consecutive calendar months, provided that such six or more occasions
occur within at least three separate calendar weeks (i.e., the period
of seven consecutive days beginning with Monday and ending with Sunday).
INDOOR ACCESSORY
An accessory use conducted inside a building, e.g., not including
outdoor parking, fencing, landscaping, etc.
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.
MEMBERS OF THE PUBLIC
Individuals who are neither employees nor entertainers in
an adult-oriented use or establishment.
MINOR MODIFICATION
A modification of the physical layout of the physically separate
defined area of a building occupied by an adult-oriented use or of
the operation of an adult-oriented use, as approved by the Zoning
Administrator in approving an application for an adult-oriented use
license (or in approving an application for renewal or amendment of
such a license), or as approved by the Zoning Administrator in approving
the issuance of a minor modification to such a license or a modification
of the terms of an adult-oriented use license, which:
B.
Has no potential to create or increase the risk of harmful secondary
effects of the adult-oriented use(s) in question;
C.
Is not contrary to any requirement of this chapter, Chapter
690, Zoning, or any other City ordinance.
D.
Does not involve the addition of any new use within the applicable
physically separate defined area; and
E.
Does not involve an expansion of any adult-oriented use or any
related indoor accessory use or of the approved physically separate
defined area occupied by such use(s).
MOTION-PICTURE MATERIALS
Videotapes, films, disks, slideshows, or other recording
of visual images from which motion pictures or a series of still pictures
can be projected or reproduced and viewed, with or without audio accompaniment.
NONCONFORMING USE
An existing use that was lawful in its inception but that has subsequently become either a prohibited use under Chapter
690, Zoning, or a use requiring a conditional use permit which has not been granted, and that was active and actual at the time the use became nonconforming (as distinguished from being merely casual, occasional, incidental or accessory), and that has been continuous with no gap of 12 or more consecutive months since it became a nonconforming use, and that has not been physically expanded or extended to occupy a greater area since the use became nonconforming, and that does not occupy a building or other structure that has been structurally altered or repaired to the extent of 50% or more of its assessed value since the use became nonconforming.
NUDE MODEL STUDIO
Any place where a person who appears seminude, in a state
of nudity, or who displays specified anatomical areas and is provided
to be observed, sketched, drawn, painted, sculptured, photographed
or similarly depicted by other persons who pay money or any form of
consideration. "Nude model studio" shall not include a proprietary
school licensed by the State of Wisconsin or a college, junior college
or university supported entirely or in part by public taxation; a
private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation; or in a structure:
A.
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person
is available for viewing; and
B.
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
C.
Where no more than one nude or seminude model is on the premises
at any one time.
NUDITY or STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering, the showing of the female breast with less than a
fully opaque covering of the entire nipple and areola, or the showing
of the covered male/female genitals in a discernibly turgid state.
OPEN TO PUBLIC
The hours during which members of the public or customers
are invited onto or permitted to remain on the premises of an adult-oriented
use or establishment.
OPERATOR
Any person that owns, operates or conducts an adult-oriented
use or establishment; also, the person that is required to apply for
an adult-oriented use license and the person to whom or to which an
adult-oriented use license is issued.
PERSON
An individual, proprietorship, partnership, joint venture,
trust, association or other legal entity.
PHYSICALLY SEPARATE DEFINED AREA
The area of a principal building or of a unit of a principal
building occupied by one or more specified uses (such as an adult-oriented
use) which area is defined in an approved site and operational plan,
conditional use permit or special City license (such as an adult-oriented
use license) and is physically separated from other portions of the
building or other portions of a particular unit of the building by
walls, doorways, floor stripes, signs and/or other approved means
which, individually or collectively, make it readily apparent that
one is entering or leaving the defined area.
PRINCIPAL BUILDING
A building occupied by or used for one or more principal
uses [and, if applicable, occupied by or used for one or more accessory
uses related to such principal use(s)].
PRINCIPAL USE
A primary use of real property, including any use that is
not an accessory use to a principal use conducted on the same lot
or site.
PRINTED OR GRAPHIC MATERIALS
Books, magazines, newspapers, periodicals, calendars, posters,
cards, photographs, pictures, drawings, covers or other packaging
for merchandise or any similar printed or graphic materials.
PROPOSED (USE DEVELOPMENT, STRUCTURE, ALTERATION, MODIFICATION,
ETC.)
Any use, development, structure, alteration, modification, etc., for which a license, permit or approval is required by this chapter or Chapter
690, Zoning, which has not yet been issued or granted, regardless of whether or not the permit or approval has been requested, and regardless of whether or not the use of development, structure, alteration, modification, etc., is existing or has been commenced, constructed, installed or completed.
PUBLIC INDECENCY
A person knowingly or intentionally, in a public place:
A.
Engages in sexual intercourse;
B.
Engages in deviant sexual conduct;
C.
Appears in a state of nudity; or
D.
Fondles the genitals of self or another person.
PUBLIC PLACE
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, beaches,
business and commercial establishments (whether for-profit or not-for-profit
and whether open to the public at large or where entrance is limited
by a cover charge or membership requirement), bottle clubs, hotels,
motels, restaurants, nightclubs, country clubs, cabarets and meeting
facilities utilized by religious, social, fraternal or similar organizations.
Premises used solely as a private residence, whether permanent or
temporary in nature, shall not be deemed to be a public place. "Public
place" shall not include enclosed single-sex public restrooms, enclosed
single-sex functional showers, locker and/or dressing room facilities,
enclosed motel rooms and hotel rooms designed and intended for sleeping
accommodations, doctors' offices, portions of hospitals and similar
places in which nudity or exposure is necessarily customarily expected
outside of the home and the sphere of privacy constitutionally protected
therein. "Public place" does not include a private facility which
has been formed as a family-oriented, clothing-optional facility properly
licensed by the state.
SEMINUDE or IN A SEMINUDE CONDITION
The showing of the female breast below a horizontal line
across the top of the areola at its highest point or the showing of
the male or female buttocks. This definition shall include the entire
lower portion of the human female breast, but shall not include any
portion of the cleavage of the human female breast exhibited by a
dress, blouse, skirt, leotard, bathing suit or other wearing apparel,
provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
B.
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion picture theater,
adult theater, escort agency, nude model studio, or sexual encounter
center.
SPECIAL LICENSED USE
Any use requiring a special City license, e.g., an adult-oriented
use license, a cabaret license or a liquor license. A special licensed
use can only be conducted pursuant to and in accordance with a required
City license, and the granting of such a license is not assured either
by permitted-use zoning status or by the granting of a conditional
use zoning permit or of any other City permit or approval. A special
licensed use may require other City permits or approvals.
SPECIFIED ANATOMICAL AREAS
Less than completely covered human genitals, pubic region,
anus, buttocks and female breast below a point immediately above the
top of the areola; and human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Simulated or actual acts of human sexual intercourse, fellatio,
cunnilingus, sodomy, masturbation, sadomasochistic abuse, bestiality
or necrophilia; or simulated or actual physical contact, in an act
of apparent sexual stimulation or gratification, with a person's clothed
or unclothed genitals, pubic area, anus or buttocks or with a female
person's breast; or a person's simulated or actual use of an inanimate
object in an apparent sexual stimulation or gratification.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
STORE
A use devoted exclusively or primarily to the retail sale
or rental of goods or products.
TRANSFER OF OWNERSHIP OR CONTROL OF A 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.
UNIT OF A BUILDING
The specified area of a building in which a tenant or other
person has a right of use and occupancy for nonresidential purposes,
e.g., a store space in a shopping center building or a suite of offices
in an office building.
USE
The employment and/or occupancy of particular real property for a particular purpose or purposes; or a particular use of real property that is specifically recognized by Chapter
690, Zoning. (Note: "use" is intended to be sufficiently elastic to refer simultaneously to the most limited possible hypothetical use, e.g., the retail sale of books, and to an actual use of which such hypothetical us is a component, e.g., a combined bookstore/coffeehouse.)
USES LOCATED TOGETHER IN THE SAME BUILDING
Uses located in the same building by the same owner or operator
as part of the same business, company, firm or organization.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
VALID ADULT-ORIENTED USE LICENSE
An adult-oriented use license that has been approved by the
City Zoning Administrator and issued to an operator pursuant to this
chapter, and which has not expired, or been terminated, or been adjudged
to be invalid by a court of competent jurisdiction, and which is not
currently suspended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All sexually oriented businesses are subject to the regulations
in this chapter and are classified as follows:
B. Adult bookstores, adult novelty stores or adult video stores;
E. Adult motion-picture theaters, adult mini-motion-picture theaters;
I. Sexual encounter centers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Prior to filing an application for an initial or amended (or amended and renewed) adult-oriented use license, or for a minor modification of an adult-oriented use license, the operator shall meet with the City's Zoning Administrator to discuss the proposed adult-oriented use(s), the requirements of this chapter and how the requirements of this chapter may interface with the requirements of Chapter
690, Zoning, and any other applicable City ordinances, for the purpose of ensuring an efficient application review and decisionmaking process. The requirement of a preapplication staff conference shall be deemed to be waived by the City if the operator has participated during the past 180 days in a preapplication conference, pursuant to this section, regarding the same proposed adult-oriented use(s) and the same other use(s) in the same physically separate defined area of a building. The Zoning Administrator may waive, in writing, the requirement of a preapplication staff conference whenever such requirement is determined to be not necessary to achieve an efficient application review and decisionmaking process.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. License. The application fees for an initial adult-oriented use license,
amendment, renewal or modification shall be as set from time to time
by the Common Council.
B. Work permit. The application fee for an adult-oriented use work permit
shall be as set from time to time by the Common Council.
The Zoning Administrator shall issue an adult-oriented use license within five business days after Ordinance Committee approval of the application, if there are no conditions precedent (or that such conditions have been satisfied). If the Zoning Administrator fails to act timely pursuant to this section, the license shall be deemed to be issued for purposes of the operator's right to operate, but a subsequently issued license shall be valid and binding. Notwithstanding any other provision of this chapter, no violation of this chapter shall result from an operator of an existing adult-oriented use or establishment that is an allowed use pursuant to Chapter
690, Zoning, continuing to operate such use or establishment during the period between the Ordinance Committee's approval of an adult-oriented use license for such use or establishment, which is not subject to any conditions precedent, and the issuance of such license to the operator. An adult-oriented use license shall be personal to the operator and site-specific to the approved location, shall not run with the land, shall not be transferable or assignable and shall not be applicable to an adult-oriented use or establishment at a location different than the approved location. A transfer or assignment of an adult-oriented use license shall automatically terminate such license. (A simple name change by an operator shall not be deemed to involve an assignment and require a new license, but the merger or acquisition of an operator shall be deemed to involve an assignment and shall require a new license.) Except as provided in §
176-12 below, any initial, renewed or amended adult-oriented use license shall automatically expire one year after the date of issuance unless it is sooner invalidated or terminated.
An operator wishing to renew a valid adult-oriented use license
shall file a complete renewal application with the Zoning Administrator,
together with the renewal license application fee specified above,
not later than 60 days prior to the expiration of the existing license.
The timely filing of a complete renewal application and the required
application fee shall entitle an operator to continue operating an
adult-oriented use or establishment during the pendency of the application,
even if the application is not decided until after the expiration
of the existing license, and until the license is issued if the Ordinance
Committee approves the application without conditions precedent. Any
amendments to this chapter that are enacted before the Ordinance Committee's
decision shall be applicable to a renewal application. The application
for renewal of an adult-oriented use license shall contain all of
the information and documents required for an initial adult-oriented
use license. Such an application may incorporate by reference specific
information filed by the operator in or attached to the most recent
application on the basis of which an adult-oriented use license was
approved by the Ordinance Committee, provided that such previous application
and any applicable attachments thereto are attached to the renewal
application or are on file with the City and readily available to
the Zoning Administrator, if the operator specifies the date of such
prior application and certifies that such information has not changed
and is up-to-date, accurate and complete as of the date of the application.
Any information that has changed since the previous application or
which was incorrectly stated in the previous application shall be
updated and corrected by the operator so that all of the information
filed with the City is accurate and complete as of the date of the
application.
An operator desiring to amend a valid adult-oriented use license
shall file an application for amendment of the license with the Zoning
Administrator, together with the amended license application fee specified
above, after requesting and participating in any preapplication staff
conference. Any amendments to this chapter that are enacted before
the Ordinance Committee's decision shall be applicable to an amendment
application. The application for amendment of an adult-oriented use
license shall contain all of the information and documents required
for an application for an initial adult-oriented use license and shall
contain a complete and detailed description of any proposed changes
in use, operation, physical layout or license provisions and a scale
drawing showing any physical changes in layout. Such an application
may incorporate by reference specific information filed by the operator
in the most recent application on the basis of which an adult-oriented
use license was approved by the Ordinance Committee, provided that
such previous application and any applicable attachments thereto are
attached to the application, or that such documents are on file with
the City and are readily available to the Zoning Administrator, if
the operator specifies the date of such application and certifies
that such information has not changed and is up-to-date, accurate
and complete as of the date of the application. Any information that
has changed since the date of the previous application or which was
incorrectly stated in the previous application shall be updated and
corrected by the operator so that all of the information filed with
the City is accurate and complete as of the date of the application.
An operator desiring a minor modification of a valid adult-oriented use license shall file an application for minor modification with the Zoning Administrator, together with the minor modification application fee specified in §
176-9A of this chapter, after requesting and participating in any preapplication staff conference required by §
176-6 of this chapter. The Zoning Administrator shall be authorized but not obligated to grant a minor modification and, if practicable, the Zoning Administrator shall give guidance to the operator during the preapplication staff conference whether an application for a minor modification is advisable. The application for minor modification shall contain a complete, detailed and accurate description of the proposed minor modification(s) of the operation, physical layout or license provisions and a scale drawing showing any proposed physical modification(s) in layout, any information required to update or correct any changes or inaccuracies or incomplete statements in the information filed with the most recent application on the basis of which the Ordinance Committee approved an adult-oriented use license so that all of the information filed with the City is accurate and complete as of the date of the application, together with the certification by the operator that all such information is accurate and complete as of the date of the application, and any other information reasonably required by the Zoning Administrator to determine whether any proposed modification is a minor modification. Any application for a minor modification of an adult-oriented use license which the Zoning Administrator declines or fails to issue, in writing, within 10 business days of the filing of the application shall be deemed to be denied. If the operator still desires to effect the proposed modification(s) in the license, the operator shall file an application for an amended license.
At the option of the operator, any denial by the Ordinance Committee of an initial adult-oriented use license application or of an application to renew or amend such a license, or any adjustment, suspension or termination of such a license by the Ordinance Committee, or the imposition of any requirement or condition by the Ordinance Committee, or any determination by the Zoning Administrator that a condition of approval has not been satisfied, may be appealed by the operator to the City Zoning Board of Appeals in accordance with the procedure and with the effect set out in Chapter
690, Zoning, §
690-12, Zoning Board of Appeals, but if the operator wishes to challenge any such denial, condition or determination directly in court, the Ordinance Committee shall waive any defense based on the operator's failure to exhaust administrative remedies. Any denial by the City Clerk-Treasurer of an adult-oriented use work permit may similarly be appealed by the applicant to the City Zoning Board of Appeals, but if the applicant wishes to challenge such denial directly in court, the City shall waive any defense based on the applicant's failure to exhaust administrative remedies.
After the effective date of this chapter, except as otherwise
specifically provided in this chapter, it shall be unlawful to, and
no person shall:
A. Operate an adult-oriented use or establishment without possessing
a valid adult-oriented use license;
B. Operate an adult-oriented use or establishment other than in accordance
with the requirements of this chapter and of a valid adult-oriented
use license;
C. Violate any provision of this chapter or of any license issued pursuant
to this chapter;
D. Provide materially false, misleading or incomplete information in
or with an application for an initial license pursuant to this chapter,
or for a renewal, amendment or minor modification of such a license;
or
E. Work, provide services or entertain in an adult-oriented use or establishment without a valid work permit required by §
176-20 of this chapter.
Any individual representing and appearing or speaking for an
operator in any dealings with the Ordinance Committee or with the
Zoning Administrator shall be deemed to be an authorized representative
of the operator unless the operator has specifically advised the City,
in writing, that such individual is not to be regarded as an authorized
representative or is only to be regarded as an authorized representative
with respect to certain specified matters.
In the event of any discrepancy between a requirement imposed
by the Ordinance Committee pursuant to this chapter and a requirement
imposed pursuant to any other City ordinance, the more stringent requirement
shall control.
Possession by an operator of a valid adult-oriented use license
shall not eliminate the need to obtain any other license, permit or
approval required by any Village ordinance. Notwithstanding any other
provision of a Village ordinance to the contrary, any complete application
for a Village license, permit or approval needed by an adult-oriented
use or establishment shall be deemed to be automatically granted if
the application is not decided within 45 days of the date of filing
(or the date of completion, if later than the date of filing) and
the payment of any applicable application fee, and the Village shall
issue a written notice to the operator of any required additional
information needed to complete any such application within 10 business
days of the date of filing.