Article III Attire, Conduct, and Entertainment on Licensed Premises

As used in this article, the following terms shall have the meanings indicated:

Any establishment, including a sexually oriented business, whether or not licensed to sell alcoholic beverages pursuant to Ch. 125, Wis. Stats., which is used for, among other things, services, performances or entertainment by nude/semi-nude entertainers as defined in this section.

ANAL CLEFT AND CLEAVAGE

The definition of anal cleft and cleavage can generally be described as including only that 1/3 of the complete buttocks centered over the cleavage for the length of the cleavage, more particularly described as follows:

The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being 1/2 inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being 1/2 inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold), and between two imaginary straight lines, one on each side of the body (the "outside line"), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the outer side of each leg. Notwithstanding the above, buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the tensor faciae latae muscle or any of the above-described portion of the human body that is between either:

(1)

The left inside perpendicular line and the left outside perpendicular line; or

(2)

The right inside perpendicular line and the right outside perpendicular line.

For the purpose of Subsection (1)(a) and (b):

(1)

The left inside perpendicular line shall be an imaginary straight line on the left side of the anus:

(a)

That is perpendicular to the ground and to the horizontal lines described above; and

(b)

That is 1/3 of the distance from the anus to the left outside line; and

(2)

The right inside perpendicular line shall be an imaginary straight line on the right side of the anus:

(a)

That is perpendicular to the ground and to the horizontal lines described above; and

(b)

That is 1/3 of the distance from the anus to the right outside line.

BREASTS

A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such outside area is:

Reasonably compact and contiguous to the areola; and

Contains at least the nipple and the areola and 1/2 of the outside surface area of such gland located below the top of the areola, which area shall be reasonably compact and contiguous to the areola.

ENTERTAINER or PERFORMER

Includes entertainers, performers and wait staff and means any person who provides services, performances or entertainment for customers or patrons at a sexually oriented business, whether or not for consideration, such as fees, wages, or tips, charged or accepted for the service, performance or entertainment, and whether or not the service, performance or entertainment is provided as an employee or independent contractor, meaning any person who serves, performs for or entertains, customers or patrons in the form of either live nudity, live semi-nudity, or live specified sexual activities.

LICENSED ESTABLISHMENT

Any premises licensed by the Town of Grand Chute pursuant to Ch. 125, Wis. Stats., for serving alcoholic beverages for on-premises consumption.

NUDE or NUDITY

The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft or cleavage 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 and areola, or the showing of covered male genitals in a discernible turgid state. This definition shall not include any portion of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel commonly worn by persons in public.

NUDE/SEMI-NUDE ENTERTAINER

"Entertainer" includes both performers and wait staff. Any person who provides services to customers, performances, dancing or entertainment at a licensed establishment, adult entertainment tavern or sexually oriented business, as defined in this section, whether or not for consideration, such as fees, wages, or tips, charged or accepted for the services, performance or entertainment, and whether or not the services, performance or entertainment is provided in the capacity of an employee, independent contract or under some other arrangement, including any person who provides services, performances or entertainment in the form of either live nudity, live semi-nudity, or live specified sexual activities, or which is characterized by an emphasis on exposure to view of human genitals, pubic area or anus or a female's vulva or breasts below the top of the areola, or an emphasis on acts of or acts which simulate sexual intercourse, masturbation, flagellation, erotic touching or any sexual acts or specified sexual activities prohibited by Wisconsin Statutes.

OPERATOR

Any person operating, conducting, maintaining or owning any licensed establishment.

PREMISES

The real property upon which a licensed establishment, adult entertainment tavern or sexually oriented business is located, or is proposed to be located, and all appurtenances thereto and buildings thereupon, including, but not limited to, the licensed establishment, the grounds, the private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the operator of the licensed establishment.

PROHIBITED SEXUAL CONTACT

Touching the breasts, buttocks, anus, vulva, labia, penis or testicles of another person in public view of customers or patrons done for the purpose of gratifying the sexual desires of either party.

SEMI-NUDE OR SEMI-NUDITY

All definitions of nude or nudity above, and also the exposure of a bare female breast including the nipple and areola, at any point below a horizontal line intersecting the top of the areola. This definition shall not include any portion of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel commonly worn by persons in public. The terms "semi-nude" and "semi-nudity" includes females adorned by clothing consisting of pasties covering only the nipple and areola and G-strings.

SEXUALLY ORIENTED BUSINESS

A business that regularly features either live nudity or live semi-nudity as a permanent focus of its business, giving special prominence to such content on a permanent basis, as cited in Kraimer v. City of Schofield, 342 F. Supp. 2d 807 at page 822, citing Schultz v. City of Cumberland, 228 F.3d 831, or otherwise permits live display of specified sexual activities to members of the public.

SPECIFIED SEXUAL ACTIVITIES

Live simulated or live actual:

Acts of human masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus;

Excretory functions as part of or in connection with any of the activities set forth in Subsection A above.

§ 335-21 Entertainment in licensed establishments operating sexually oriented businesses.

Application. This section shall only apply to licensed establishments that operate sexually oriented businesses as defined in § 335-19, subject to the excluded categories of businesses described as follows.

(1)

Excluded from application of the provisions of this section are the following licensed establishments: wherever performances of serious artistic merit, theaters, performing arts center, civic centers, and dinner theaters, where live dance, ballet, or music, of serious artistic merit, are offered, or legitimate educational, medical or health-related programs are offered, and in which the predominant business or attraction is not the offering to customers of entertainment which is intended for the sexual interests or titillation of customers, and where the licensed establishment is not distinguished by an emphasis on, or the advertising or promotion of, live nude or live semi-nude performances, or live specified sexual activities take place. Also excluded from application of this section are such establishments as hotels, motels, and restaurants which are licensed establishments but which do not operate sexually oriented businesses.

(2)

Also excluded from application of this section are sexually oriented businesses, which are not licensed establishments.

Intent. It is the intent of this section to promote the health, safety, welfare, and morals of the citizens of the Town of Grand Chute by establishing reasonable and uniform regulations to prevent the deleterious secondary effects associated with licensed establishments that operate sexually oriented businesses. The provisions of this section have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative or expressive materials or acts, including sexually oriented materials or acts. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials or acts protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene materials as regulated by state law.

Authority.

(1)

The Town Board of the Town of Grand Chute has explicit authority under § 125.10, Wis. Stats., to adopt regulations governing the sale of alcoholic beverages.

(2)

Under Wisconsin Statutes §§ 60.10(2)(c), 60.22(3), and 61.34, and its police powers, respectively, the Town Board has authority to act for the good order of the Town of Grand Chute and for the health, safety and welfare of the public and may carry out its powers by ordinances and enforcement.

(3)

The Town Board recognizes it lacks authority to regulate obscenity, to the extent preempted by State of Wisconsin Statutes, and does not intend by adopting this section to regulate or to condone obscenity.

(4)

The Town Board recognizes that the authority to adopt zoning ordinances applicable to the Town falls under the jurisdiction of Outagamie County, and the Town Board does not by adoption of this section create a zoning regulation.

(5)

The Town Board recognizes that the U.S. Supreme Court has held that nude or semi-nude dancing is expressive conduct within the outer parameters of the First Amendment to the United States Constitution and therefore is entitled to protection under the First Amendment, and the Town Board further recognizes that freedom of speech and expression are among our most precious and highly protected rights and wishes to act consistently with the full protection of these rights.

Findings.

(1)

Notwithstanding the foregoing, the Town Board has become aware, based upon its own observations and experiences, as well as testimony before the Board by legal counsel for the Town, and also the experiences of other communities, that sexually oriented businesses may and do generate secondary effects which the governing body believes are detrimental to the public health, safety, welfare, and morals of the citizens of the Town of Grand Chute.

(2)

Specifically, the Town Board has reviewed evidence concerning adverse secondary effects on other communities found in, but not limited to, the cases of Ben's Bar, Inc. v. Village of Somerset, 316 F3d 702 (2003); City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986); California v. LaRue, 409 U.S. 109 (1972); City of Newport, KY v. lacobucci, 479 U.S. 92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F3d 403 (6th Cir. 1997); Kev, Inc. v. Kitsap County, 793 F2d 1053 (9th Cir. 1986); Hang On, Inc. v. City of Arlington, 65 F3d 1248 (5th Cir. 1995); South Florida Free Beaches, Inc. v. City of Miami, 734 F2d 608 (11th Cir. 1984); New York State Liquor Auth. v. Bellanca, 452 US 714 (1981); Blue Canary Corp. v. City of Milwaukee, 251 F3d 1121; MDK, Inc. v. Village of Grafton, 345 F. Supp 2d 952 at page 957; Daytona Grand, Inc. v. City of Daytona Beach, Florida, 490 F3d 860 (11th Cir. 2007); and a compilation of studies on various municipalities regarding the impact of adult-oriented business, and reports of harmful secondary effects occurring in and around sexually oriented businesses, including a publication of the American Planning Association compiled by Eric Damian Kelly and Connie Cooper entitled "everything you always wanted to know about regulating sex businesses xxx," Report of the Attorney General's Working Group on the Regulation of sexually oriented businesses, June 6, 1989, reports from studies in Phoenix, Arizona-1984 and 1995-1998; Minneapolis, Minnesota-1980; Houston, Texas-1997; Indianapolis, Indiana-1984; Amarillo, Texas-1977; Garden Grove, California-1991; Los Angeles, California-1977; Whittier, California-1978; Austin, Texas-1986; Seattle, Washington-1989; Oklahoma City, Oklahoma-1986; Cleveland, Ohio-1977; Dallas, Texas-1997; St. Croix County, Wisconsin-1993; Bellevue, Washington-1998; Newport News, Virginia-1996; and New York Times Square study-1994.

(3)

Based upon the foregoing evidence as well as Town Board members' own individual experiences, observations and reasoning, the Town Board finds that:

(a)

Crime statistics show that many types of crimes, especially sex-related crimes, such as prostitution, occur with more frequency in neighborhoods where sexually oriented businesses are located.

(b)

Studies of the relationship between sexually oriented businesses and neighborhood property values have found a negative impact on both residential and commercial property values.

(c)

Sexually oriented businesses will probably contribute to an increased public health risk through the spread of sexually transmitted diseases.

(d)

Areas with sexually oriented businesses exhibit an increased potential for infiltration by organized crime for the purpose of unlawful conduct.

(e)

The consumption of alcoholic beverages on the premises of a sexually oriented business exacerbates the deleterious secondary effects of such businesses on the community.

(f)

That restricting performers and entertainers only to a requirement of wearing minimal coverings such as pasties or G-strings alone will not avoid undesirable secondary effects in licensed establishments.

(g)

Some persons frequent sexually oriented businesses for the purpose of engaging in illicit sexual behavior on the premises.

(4)

The Town Board desires to protect the health, safety, and welfare of the citizens of the Town by preventing and controlling the secondary adverse effects associated with licensed establishments that operate sexually oriented businesses.

(5)

The Town Board has determined that the enactment of an ordinance prohibiting licensed establishments from operating sexually oriented businesses promotes the goal of minimizing, preventing, and controlling the above-referenced adverse secondary effects and thereby protects the health, safety, and welfare of the citizens of the Town of Grand Chute.

Grounds for nonissuance, suspension, revocation or nonrenewal of alcohol beverage license issued under Chapter 125, Wisconsin Statutes. The following shall constitute grounds for nonissuance, suspension, revocation or nonrenewal, in accordance with notice and hearing procedures under Ch. 125, Wis. Stats., of a license applied for, or issued, by the Town of Grand Chute pursuant to Ch. 125, Wis. Stats., which license permits on-premises consumption of alcoholic beverages.

(1)

Conviction of an offense, contrary to § 944.21, Wis. Stats., or any successor statute or later amended version.

(2)

A finding by the Town Board that the operation of the licensed facility or activity is in conflict with § 944.21, Wis. Stats.

(3)

A finding by the Town Board that any of the following have occurred on the proposed or existing licensed establishment's premises:

(a)

Live nude, live semi-nude services or performances by entertainers or performers, provided or performed, and directed at a proposed or existing licensed establishment's patrons or customers, or the general public.

(b)

An instance of live public display of specified sexual activities involving any entertainer or performer.

(c)

An instance of live display of prohibited sexual contact involving an entertainer or performer.

(d)

Operation of a sexually oriented business.

Penalties. In alternative to, or in conjunction with, action the Town may take, described in Subsection E above, with respect to licenses, the Town may impose a forfeiture for each violation as determined by the Town Board or Municipal Court Judge taking into account the number of past and present violations proven, and the severity of the current offense, pursuant to issuance of a summons and complaint to the operator of the licensed establishment followed by a hearing with respect to the charges in accordance with Municipal Court procedures of the Town of Grand Chute.

(1)

Any person, partnership, or corporation who is found to have violated this section shall be punished by a forfeiture of not less than $500 nor more than $5,000 for each offense, together with the cost thereof, as determined by the Municipal Court Judge, in accordance with the following schedule:

(a)

First offense: not more than $1,000.

(b)

Second offense: not more than $3,000.

(c)

Third offense: not more than $5,000.

(2)

Each violation of this section shall be considered a separate offense, and any violation continuing more than one day shall be considered a separate offense.

(3)

Nothing herein precludes the Town Board from taking action on any alcohol beverage license pursuant to, or consistent with, the requirements and procedures applicable under Ch. 125, Wis. Stats., or other applicable Town ordinances, on other legal grounds than those specified in this section.

Standards for enforcement action. All notice and hearing requirements required for action on licenses under Ch. 125, Wis. Stats., shall be followed for purposes of taking license action pursuant to this section. All actions of the Town Board regarding licenses under Ch. 125, Wis. Stats., pursuant hereto shall be subject to the rights of appeal applicable to action taken under this section in accordance with Ch. 125, Wis. Stats. For purposes of enforcement of this section pursuant to Subsections E and F above, regardless of the basis for the hearing involving any violation of this section, in those cases where hearings are conducted pursuant to Ch. 125, Wis. Stats., regarding a licensed establishment's violation of this section, the standard for enforcement action shall be whether the Town Board finds, by sufficient evidence, in the discretion of the Board, that the violation has occurred.

§ 335-22 Visual displays.

The following acts or conduct on licensed premises is deemed contrary to public welfare and morals, and therefore no on-sale license shall be held at any premises where such conduct or acts are permitted. The showing of film, still pictures, electronic reproduction, or other visual reproductions depicting:

Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.

Scenes wherein a person displays the vulva or the anus or the genitals.

Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.

§ 335-23 Registration of entertainers.

Registration requirement.

(1)

Any person intending to be employed or work in any capacity as a nude/semi-nude entertainer, as defined in § 335-20, in any licensed establishment, adult entertainment tavern or sexually oriented business, as defined § 335-20, within the Town of Grand Chute shall, before engaging in such employment or work, register with, and obtain a license from, the Grand Chute Police Department by completing and filing a registration statement on the form provided by the Department and paying the required fee as established in the fee schedule maintained by the Grand Chute Town Clerk.

(2)

No licensed establishment, adult entertainment tavern or sexually oriented business shall allow services or performances by any nude/semi-nude entertainer who is not registered with and has not obtained a license from the Grand Chute Police Department as required above.

Application.

(1)

This section shall only apply to nude/semi-nude entertainers employed or desiring to work, entertain or perform in a licensed establishment, adult entertainment tavern or sexually oriented business and to the licensed establishments, adult entertainment taverns or sexually oriented businesses which allow services or performances by such entertainers, as defined in § 335-20, subject to the excluded categories of businesses described as follows.

(2)

Excluded from application of the provisions of this section are the following establishments: wherever performances of serious artistic merit, theaters, performing arts centers, civic centers, and dinner theaters, where live dance, ballet, or music, of serious artistic merit, are offered, or legitimate educational, medical or health-related programs are offered, and in which the predominant business or attraction is not the offering to customers of entertainment which is intended for the sexual interests or titillation of customers, and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, live nude or live semi-nude performances, or live specified sexual activities take place. Also excluded from application of this section are such establishments as hotels, motels and restaurants which are licensed establishments but which do not operate adult entertainment taverns or sexually oriented businesses.

Intent. It is the intent of this section to promote the health, safety, welfare, and morals of the citizens of the Town of Grand Chute by establishing reasonable and uniform regulations to prevent the deleterious secondary effects associated with the operation of licensed establishments, adult entertainment taverns and sexually oriented businesses. The provisions of this section have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative or expressive materials or acts, including sexually oriented materials or acts. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to sexually oriented materials or acts protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene materials as regulated by state law.

Authority.

(1)

The Town Board of the Town of Grand Chute has explicit authority under § 125.10, Wis. Stats., to adopt regulations governing the sale of alcoholic beverages.

(2)

Under §§ 60.10(2)(c), 60.22(3), and 61.34, Wis. Stats., and its police powers, respectively, the Town Board has authority to act for the good order of the Town of Grand Chute and for the health, safety and welfare of the public and may carry out its powers by ordinances and enforcement.

(3)

(4)

The Town Board recognizes that the United States Supreme Court has held that nude or semi-nude dancing is expressive conduct within the outer parameters of the First Amendment to the United States Constitution and therefore is entitled to certain protections under the First Amendment, and the Town Board further recognizes that freedom of speech and expression are among our most precious and highly protected rights and wishes to act consistently with the full protection of these rights.

Findings.

(1)

Notwithstanding the foregoing, the Town Board has become aware, based upon its own observations and experiences, as well as testimony before the Board by legal counsel for the Town, and also the experiences of other communities, that licensed establishments, adult entertainment taverns and sexually oriented businesses may and do generate secondary effects which the governing body believes are detrimental to the public health, safety, welfare, and morals of the citizens of the Town of Grand Chute.

(2)

Specifically, the Town Board has reviewed evidence concerning adverse secondary effects on other communities found in, but not limited to, the cases of Ben's Bar, Inc. v. Village of Somerset, 316 F3d 702 (2003); City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986); California v. LaRue, 409 U.S. 109 (1972); City of Newport, KY v. lacobucci, 479 U.S. 92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F3d 403 (6th Cir. 1997); Kev, Inc. v. Kitsap County, 793 F2d 1053 (9th Cir. 1986); Hang On, Inc. v. City of Arlington, 65 F3d 1248 (5th Cir. 1995); South Florida Free Beaches, Inc. v. City of Miami, 734 F2d 608 (11th Cir. 1984); New York State Liquor Auth. v. Bellanca, 452 US 714 (1981); Blue Canary Corp. v. City of Milwaukee, 251 F3d 1121; MDK, Inc. v. Village of Grafton, 345 F. Supp 2d 952 at page 957; Daytona Grand, Inc. v. City of Daytona Beach, Florida, 490 F3d 860 (11th Cir. 2007); and a compilation of studies on various municipalities regarding the impact of adult and sexually oriented businesses, and reports of harmful secondary effects occurring in and around sexually oriented businesses, including a publication of the American Planning Association compiled by Eric Damian Kelly and Connie Cooper entitled "everything you always wanted to know about regulating sex businesses xxx," Report of the Attorney General's Working Group on the Regulation of sexually oriented businesses, June 6, 1989, reports from studies in Phoenix, Arizona-1984 and 1995-1998; Minneapolis, Minnesota-1980; Houston, Texas-1997; Indianapolis, Indiana-1984; Amarillo, Texas-1977; Garden Grove, California-1991; Los Angeles, California-1977; Whittier, California-1978; Austin, Texas-1986; Seattle, Washington-1989; Oklahoma City, Oklahoma-1986; Cleveland, Ohio-1977; Dallas, Texas-1997; St. Croix County, Wisconsin-1993; Bellevue, Washington-1998; Newport News, Virginia-1996; and New York Times Square study-1994.

(3)

Based upon the foregoing evidence as well as Town Board members' own individual experiences, observations and reasoning, the Town Board finds that:

(a)

Crime statistics show that many types of crimes, especially sex-related crimes, such as prostitution, occur with more frequency in neighborhoods where sexually oriented businesses are located.

(b)

Studies of the relationship between sexually oriented businesses and neighborhood property values have found a negative impact on both residential and commercial property values.

(c)

Sexually oriented businesses will probably contribute to an increased public health risk through the spread of sexually transmitted diseases.

(d)

Areas with sexually oriented businesses exhibit an increased potential for infiltration by organized crime for the purpose of unlawful conduct.

(e)

The consumption of alcoholic beverages on the premises of a sexually oriented business exacerbates the deleterious secondary effects of such businesses on the community.

(f)

(g)

Some persons frequent sexually oriented businesses for the purpose of engaging in illicit sexual behavior on the premises.

(4)

(5)

The Town Board has determined that the enactment of an ordinance prohibiting licensed establishments from operating sexually oriented businesses and mandating that nude/semi-nude entertainers register through the Town promotes the goal of minimizing, preventing, and controlling the above-referenced adverse secondary effects and thereby protects the health, safety, and welfare of the citizens of the Town of Grand Chute.

Annual licensing of nude/semi-nude entertainers. Licensing shall be required on an annual basis from July 1 to June 30. The registration period shall terminate on June 30 and require renewal for each separate year thereafter, beginning July 1 of each year.

Grounds for nonissuance, suspension, revocation or nonrenewal of license issued to nude/semi-nude entertainers. The following, among others as determined appropriate by the Town, shall constitute grounds for nonissuance, suspension, revocation or nonrenewal of a license issued to a nude/semi-nude entertainer.

(1)

Conviction of a sexually related offense, offenses of moral turpitude, prostitution, obscenity or an offense contrary to §§ 944.01 through 944.36, Wis. Stats., or any successor statutes or later amended versions.

Procedure for nonissuance, suspension, revocation, or nonrenewal of license. The Town Clerk shall give written notice of any decision by the Town Police Department or Town Board to nonissue, suspend, revoke, or nonrenew a license for any nude/semi-nude entertainer by regular mail to the last known address shown on the application or license previously issued. The decision of the Police Department or Town Board shall become final unless the nude/semi-nude entertainer requests a hearing before the Town Board, in writing, submitted to the Town Clerk, which request shall be received by the Town Clerk within 15 days of the postmark mailing of the notice of the Town Board decision. The Town hearing shall be conducted on the next regularly scheduled Town Board meeting, providing at least 72 hours' advance notice of the request for hearing is received prior to the Town Board meeting; otherwise, the hearing shall be at the next regularly scheduled Town Board meeting. The Town Board at such hearing may affirm, reverse, or modify its decision following the hearing, and written notice thereof shall be mailed by the Town Clerk to the nude/semi-nude entertainer.

Penalties.

(1)

In alternative to, or in conjunction with, any action the Town may take in order to enforce this section, any nude/semi-nude entertainer failing to comply with the provision of this section shall be punished upon conviction thereof by a fine as prescribed in the Uniform Forfeiture and Bond Schedules for each separate offense. Each day an unregistered adult nude/semi-nude entertainer is performing, dancing or otherwise entertaining shall be considered and charged as a separate offense punishable by a separate fine.

(2)

Any licensed establishment, sexually oriented business or adult entertainment tavern employing an unregistered nude/semi-nude entertainer or otherwise permitting an unregistered nude/semi-nude entertainer to perform, dance or otherwise entertain shall be punished, upon conviction, by fine as prescribed in the Uniform Forfeiture and Bond Schedule. Each day an unregistered adult nude/semi-nude entertainer is employed, or permitted to perform, dance or otherwise entertain by any licensee or any licensed establishments, adult entertainment taverns or sexually oriented businesses shall constitute a separate offense punishable by a separate fine.