[HISTORY: Adopted by the Village Board of the Village of
Barneveld as §§ 12.11 through 12.14 of the 1993 Code.
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Adult Entertainment
Ordinance."
This chapter is enacted pursuant to the Village of Barneveld
(hereinafter "Village") home rule power in the interest of the public
health, peace, safety, morals and general welfare of the people of
the Village, and the authority of the Village to regulate the sale
and consumption of alcoholic beverages under the 21st Amendment to
the Constitution of the United States and Ch. 125, Wis. Stats.
This chapter shall be effective throughout the Village.
Based on information and belief, the Village of Barneveld hereby
finds:
A.
Establishments exist or may exist within the Village where books,
magazines, motion pictures, video tapes, prints, photographs, periodicals,
records, novelties and/or devices which depict, illustrate, describe
or relate to specified sexual activities are possessed, displayed,
exhibited, distributed and/or sold, leased or rented.
B.
Establishments exist or may exist within the Village:
(1)
Where the superficial tissues of one person are manipulated, rubbed,
stroked, kneaded and/or taped by a second person, accompanied by the
display or exposure of specified anatomical areas;
(2)
Where dancers, entertainers, performers or other individuals who,
for any form of commercial gain, perform or are presented while displaying
or exposing any specified anatomical areas; or
(3)
Where lap dancing occurs.
D.
The competitive commercial exploitation of such nudity and seminudity
is adverse to the public's interest and the quality of life,
tone of commerce and total community environment in the Village.
E.
The commercial exploitation of nudity and seminudity consists of
the use of nude and seminude entertainment in connection with or for
the promotion of the sale of goods or services, and the receipt of
money by the person engaging in or promoting the nude or seminude
entertainment in exchange for or as consideration for nude or seminude
entertainment in exchange for or as consideration for nude or seminude
performance by such individuals.
F.
The commercial exploitation of nude and seminude acts, exhibitions
and nude entertainment frequently occurs at commercial establishments
either selling or allowing consumption of alcoholic beverages on the
premises.
G.
There is a direct relationship between the consumption of alcoholic
beverages and the nude and seminude activities mentioned above and
an increase in criminal activities, moral degradation and the disturbances
of the peace and the good order of the community. The concurrences
of these activities are hazardous to the health and safety of those
persons in attendance and tends to depreciate the value of adjoining
property and harm the economic welfare of the community as a whole.
H.
The combination of the sale and consumption of alcoholic beverages
with the performance of nude and seminude acts, exhibitions and entertainment
is adverse to the public's interest and the quality of life,
tone of commerce and total community environment in the Village.
I.
In order to promote and preserve the public peace and good order
and to safeguard the health, safety, morals and welfare of the community
and the citizens thereof, it is necessary and advisable for the Village
to prohibit certain forms of nude and seminude acts, exhibitions,
entertainment and commercial establishments at which alcoholic beverages
are, or are available to be, sold or consumed.
J.
In order to preserve the public peace and good order and to safeguard
the health, safety, morals and welfare of the community and citizens
thereof, it is necessary and advisable to regulate and restrict the
conduct of owners, operators, agents employees, entertainers, performers,
patrons, spectators and persons on the premises of the commercial
establishment subject hereto.
K.
There is a direct relationship between the display or depiction of specified anatomical areas in Subsection B(2) and an increase in criminal activities, moral degradation and disturbances of the peace and good order of the community and the concurrences of these activities is hazardous to the health and safety of those persons in attendance and tends to depreciate the value of adjoining property and harm the economic welfare of the community as a whole. These secondary effects are adverse to the public's interest and quality of life, tone of commerce and total community environment in the Village.
L.
When the activities described in Subsections A and B are presented in establishments within the Village, other activities which are illegal, immoral or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include but are not limited to prostitution, solicitation for prostitution, lewd and lascivious behavior, possession, distribution and transportation of obscene materials, sale or possession of controlled substances and violent crimes against persons and property.
M.
When the activities described in Subsections A and B are present in establishments within the Village, they tend to blight neighborhoods, adversely affect neighboring businesses, lower property values, foster an atmosphere which promotes crime, particularly the kinds detailed in Subsection G, and ultimately lead residents and businesses to move to other locations.
O.
In order to preserve and safeguard the health, safety, morals and general welfare of the people of the Village, it is necessary and advisable for the Village to regulate the conduct of owner, managers, operators, agents, employees, entertainers, performers and customers at establishments where the activities described in Subsections A and B occur.
P.
The potential dangers to the health, safety, morals and general welfare of the people of the Village from the activities described in Subsections A and B occurring at establishments without first obtaining a license under this chapter are so great as to require the licensure of such establishments prior to their being permitted to operate.
Q.
Lap dancing does not contain any element of communication and is
therefore conduct rather than expression.
R.
Lap dancing in establishments poses a threat to the health and safety
of the participants and promotes the spread of communicable and social
diseases.
S.
The Village Board finds that sexually oriented business is frequently
used for unlawful and unhealthy sexual activities, including prostitution
and sexual liaison of a casual nature.
T.
The concern over sexually transmitted diseases is a legitimate health
concern of the Village which demands reasonable regulations of sexually
oriented businesses in order to protect the health and well-being
of the citizens.
U.
Licensing is a legitimate reasonable means of accountability to ensure
that operators of sexually oriented businesses comply with the reasonable
regulations within this chapter and to ensure that operators do not
knowingly allow their establishments to be used as places of illegal
sexual activity or solicitation.
This chapter shall be liberally construed to accomplish its
purpose of licensing, regulating and dispersing adult entertainment
establishments. If any provision of this chapter is deemed invalid
or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not effect the other provisions of the
same. The sections of this chapter are declared to be severable. If
any sections of this chapter or portion of thereof shall be declared
by a decision of a court of competent jurisdiction to be invalid,
unlawful, or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision
and not to affect the validity of all provisions, sections or portions
thereof of the chapter, which shall remain in full force and effect.
It is the intent of the Village Board in adopting this chapter
to establish reasonable and uniform regulations that will reduce the
adverse secondary effects adult entertainment establishments have
upon the residents of the Village and protect the health, safety,
morals, and general welfare of the people of the Village.
In this chapter, unless the context suggests otherwise, the
following terms are defined as follows:
Any place or establishment operated for commercial gain which
invites or permits the public to view adult material. For purposes
of this chapter, "adult arcade" is included within the definition
of "adult theater."
An establishment which sells or offers adult material for
sale or rent for commercial gain; unless the establishment demonstrates
either:
The adult material is accessible only by employees and the gross
income from the sale or rental of adult material comprises less than
40% of the gross income from the sale or rental of goods or services
at the establishment; or
The individual items of adult material offered for sale or rental
comprise less than 10% of the individual items, as stock-in-trade,
publicly displayed in the establishment and which is not accessible
to minors at the establishment.
An establishment where employees display or expose specified
anatomical areas to others, regardless of whether the employees actually
engage in dancing.
Any adult arcade, adult theater, adult bookstore/adult video
store, adult motel or adult dancing establishment; or any other establishment
or business operated for commercial gain where any employee, operator
or owner exposes his/her specified anatomical area for viewing by
patrons, including but not limited to massage establishments, tanning
salons, modeling studios, or lingerie studios.
Any one or more of the following, regardless of whether it
is new or used:
Books, magazines, periodicals or other printed matter, photographs,
films, motion pictures, video cassettes, slides, or other visual representations;
recordings, other audio matter; and novelties or devices which have
as their primary or dominant theme subject matter depicting, exhibiting,
illustrating, describing or relating to specified sexual activities
or specified anatomical areas; or
Instruments, novelties, devices or paraphernalia which are designed
for use in connection with specified sexual activities.
Any hotel, motel, boardinghouse, rooming house or other place
of temporary lodging which includes the word "adult" in any name it
uses or otherwise advertises the presentation of adult material. The
term "adult motel" is included within the definition of "adult theater."
An establishment operated for commercial gain which consists
of an enclosed building or a portion or part thereof or an open-air
area used for viewing of adult material. Adult motels, adult arcade,
adult booth and adult motion-picture theater are included within the
definition of "adult theater." An establishment which has adult booths
is considered to be an adult theater.
See "adult bookstore."
A sign warning persons entering an adult entertainment establishment
of the current danger of contracting AIDS, the nature of the danger,
the means of transmission of AIDS and the procedures a reasonable
person would follow to avoid contracting AIDS.
Shall be defined as set forth in Ch. 125, Wis. Stats.
It shall be prima facie evidence that a beverage is an alcoholic
beverage if proof exists:
The beverage in question was or is known as "whiskey," "moonshine
whiskey," "shine," "rum," "gin," "tequila," "vodka," "scotch," "scotch
whiskey," "brandy," "beer," "malt liquor," or by any other similar
name or names; or
The beverage was contained in a bottle or can labeled as any
of the above names, or a name similar thereto, and the bottle or can
bears the manufacturer's insignia, name or trademark.
The sale of such beverages is subject to the requirements of Ch. 125, Wis. Stats., and/or Chapter 153 of the Code of the Village of Barneveld.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person who, by experience in the handling of alcoholic beverages
or who by taste, smell/or drinking of such alcoholic beverages has
knowledge of the alcoholic nature thereof, may testify as to his opinion
about whether such beverage is an alcoholic beverage.
Any business, location or place which conducts or allows
to be conducted on its premises any activity for commercial gain.
Operated for pecuniary gain, which, for the purpose of this
code, operation for commercial or pecuniary gain shall not depend
on actual profit or loss.
A determination of guilt resulting from plea or trial, regardless
of whether adjudication was withheld or whether imposition of sentence
was suspended.
The Fire Department, Police Department and Building Inspector(s).
A premises or site upon which there is an institution of
learning, whether public or private, which conducts regular classes
and/or courses of study required for accreditation by or membership
in the State Department of Public Instruction of Wisconsin, the University
of Wisconsin, or a member of an association of private colleges of
the State of Wisconsin. The term "educational institution" includes
a premises or site upon which there is a day-care center, nursery
school, kindergarten, elementary school, junior high school, senior
high school; professional institution or an institution of higher
education, including a community college, junior college, or four-year
college or university; libraries, art galleries and museums open to
the public; or any special institution of learning. However, the term
"educational institution" does not include a premises or site upon
which there is a vocational institutional operated for commercial
gain.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person who works or performs in an adult entertainment
establishment, irrespective of whether the person is paid a salary
or wage by the owner or manager of the premises.
The site or premises on which the adult entertainment establishment
is located, including the interior of the establishment, or portion
thereof, upon which certain activities or operations are being conducted
for commercial gain.
A respective employee of the Village or Police Department;
Building Inspector, Zoning Administrator, or officers of the Village
Fire or Rescue Department who are authorized pursuant to this code
to inspect licensed premises.
The use by an employee, whether clothed or partially or totally
nude, of any part of his or her body to touch, massage, rub, stroke,
caress, or fondle the genital or public area of a person while at
the establishment. It shall be a lap dance regardless of whether the
touch or touching occurs while the employee is displaying or exposing
any specified anatomical area. It shall also be a lap dance regardless
of whether the touch or touching is direct or through a medium.
See "establishment."
Any person whose application for an adult entertainment establishment
has been granted and who totally or partially owns, operates or controls
the establishment.
Any person who engages or participates in any activity which
is necessary to or which facilitates the operation of an adult entertainment
establishment, including but not limited to the licensee, manager,
owner, doorman, bouncer, bartender, dancer, disc jockey, sales clerk,
ticket taker, movie projectionist or supervisor.
The adult entertainment ordinance.
Includes, but is not limited to, an individual(s), firm(s),
association(s), joint venture(s), partnership(s), estate(s), trust(s),
business trust(s), syndicate(s), fiduciary(s), corporation(s), and
all other or any other similar entity.
Any person, as defined above, who owns or controls, legally
or beneficially, 10% or more of a corporation's capital stock,
and includes the officers and directors. If no stockholder of a corporation
owns or controls, legally or beneficially, at least 10% of the capital
stock, all stockholders shall be considered principal stockholders.
And, if a corporation is registered with the Securities and Exchange
Commission, or pursuant to Ch. 180, Wis. Stats., and its stock is
for sale to the general public, it shall not be considered to have
any principal stockholders.
The display or exposure of any specified anatomical area
by an employee at an adult entertainment establishment to a person
other than another employee while the person is in an area within
the establishment not accessible during such display to all other
persons in the establishment, or while the person is in an area in
which the person is totally or partially screened or partitioned during
such display from the view of all persons within the establishment.
Less than completely and opaquely covered:
Human genitals and public regions; or
Cleavage of the human buttocks; or
That portion of the human female breast encompassed within an
area falling below the horizontal line one would have to draw to intersect
a point immediately above the top of the areola; this definition shall
include the entire lower portion of the female breast, but shall not
include any portion of the cleavage of the human female breast exhibited
by a dress, blouse, shirt, leotard, bathing suit, or other wearing
apparel, provided the areola is so not exposed; or
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
Human genitals in a state of sexual stimulation, arousal or
tumescence; or
Acts or human anilingus, bestiality, buggery, cunnilingus, coprophagy,
coprophilia, fellation, flagellation, masochism, masturbation, necrophilia,
pederasty, pedophilia, sadism, sadomasochism, sexual intercourse,
or sodomy; or
Fondling or other erotic touching of human genitals, public
region, buttock, anus, or female breast; or
The Village Board of the Village of Barneveld, Iowa County,
Wisconsin.
It is not the intent of the Board to legislate with respect
to matters of obscenity. These matters are regulated by state law.
It is not the intent of the Board to legislate, limit or conflict
with respect to matters of massage establishments which are or may
be regulated by state law or state regulatory agency.
No application for a license as provided in § 80-15 of this chapter shall be approved until the appropriate provisions of the municipal zoning ordinances have been complied with, the required zoning approval obtained and the respective zoning official officially notifies the Village Board of compliance.
In the event the notice of denial of an application for a license
was grounded in whole or in part upon failure to comply with or testify
all applicable zoning regulations, the aggrieved party shall first
file an application with the Zoning Board of Adjustment for a variance
within 30 days of the mailing of the notice of denial, receive a public
hearing before the Board of Appeals and obtain a final decision therefrom
within 120 days of the date of application denial. If the Board of
Appeals grants the variance, the aggrieved party shall notify the
Village Board of the variance within 30 days of the grant of the variance.
Except as otherwise provided, any notice required under this chapter
shall be accomplished by sending a written notification by certified
mail, return receipt requested, to the mailing address set forth on
the application for the license. This mailing address shall be considered
the correct mailing address unless the Village Clerk has been otherwise
notified, in writing, by certified mail, return receipt requested,
by the licensee of the new address. The licensee shall have the burden
of proving the occupational licensing department received the new
address.
The Village or any department shall be immune from prosecution,
civil or criminal, while acting within the scope of its authority
under this chapter and shall have authority to enter any adult entertainment
establishment at all reasonable times to inspect the premises and
enforce this chapter.
A.
Adult entertainment license.
(1)
No adult entertainment establishment shall be permitted to operate
without first having been issued an adult entertainment license by
the Village Board pursuant to this chapter.
(3)
An adult entertainment license for a particular adult entertainment
establishment shall be limited to one classification of license.
(4)
An adult entertainment establishment may hold more than one classification
of adult entertainment license.
B.
Administration. The ultimate responsibility for the administration
of this chapter is vested in the Village Board. Several departments
have been delegated responsibility pursuant to the provisions outlined
in this chapter:
(1)
Upon formal notification by the Village Board that a license shall
be issued, granted, denied, renewed, suspended, revoked or canceled,
the Village Clerk shall then issue the official notice of the grant,
denial, revocation, renewal, suspensions and cancellation of the license
for existing or proposed adult entertainments in the Village.
(2)
The Police Department is responsible for verifying information contained on an application for an adult entertainment license and for inspecting any proposed, licensed or nonlicensed establishment in the Village in order to ascertain whether it is in compliance with applicable statutes and ordinances and for enforcing applicable statutes and ordinances, including those set forth in §§ 80-15, 80-16, and 80-17 of this chapter.
(3)
The Police Department is responsible for the periodic inspections of licensed premises and any proposed establishment in order to ascertain whether it complies with or is complying with § 80-16 of this chapter and all applicable ordinances, statutes, ordinances and regulations in effect in the Village.
(4)
The Building Inspector of the Community Planning and Development Department is responsible for inspecting any proposed establishment for which a license is being applied for in order to ascertain whether it complies with or is complying with § 80-16 of this chapter and all applicable building ordinances, statutes, and regulations in effect in the Village. The respective Building Official shall compare and certify that all aspects of the submitted floor plan, site plan and certified survey accurately depict the actual structure and comply with the provisions of this chapter.
C.
Application.
(1)
Filing. Any person desiring to operate an adult entertainment establishment
shall file with the Village Clerk a sworn license application on a
standard application form supplied by the Village Clerk.
(2)
Contents. The application shall contain the following information
and shall be accompanied by the following documents:
(a)
If the application is:
[1]
An individual, his legal name, any aliases, and date of birth;
[2]
A partnership, the full and complete name of the partnership
and the legal names of all partners, dates of birth, and all aliases
used by all of the partners, whether the partnership is general or
limited, and, if in existence, a copy of the partnership agreement;
or
[3]
A corporation, the exact and complete corporate name, the date
of its corporation, evidence that the corporation is in good standing,
the legal names and dates of birth and all aliases used, the capacity
of all officers, directors and principal stockholders, and, if applicable,
the name of the registered corporate agent and the address of the
registered office for service of process; and
(b)
The application shall list the current local and legal domiciliary
residential address of the principal stockholders of the corporation;
for purposes of this subsection, "principal stockholders" are persons
and not corporate or other legal entities; when the principal stockholder
is a corporate or other legal entity, the application must trace back
the ownership through any layers of corporate organization to the
eventual principal stockholder who is a person; and
(c)
If the applicant intends to conduct the establishment under
a name other than that of the applicant, the applicant shall state
the establishment's fictitious name and all legal names, dates
of birth and all aliases used by all interested persons; and
(d)
Whether preceding the day of the application, the applicant
or any of the other individuals listed pursuant to Subsection C(1)(a)
above, has an arrest or conviction record, or has habitually been
a law offender or has been convicted of a felony, unless the person
has been duly pardoned; and
(e)
Whether the applicant or any of the other individuals listed
pursuant to Subsection C(1)(a) above has had a previous license under
this chapter suspended or revoked, as well as the date of the suspension
or revocation, and whether the applicant has been a partner in a partnership
or an officer, director or principal stockholder of a corporation
whose license under this chapter has previously been suspended or
revoked, including the name and location of the establishment for
which the license was suspended or revoked, as well as the date of
the suspension or revocation; and
(f)
Whether the applicant or any other individuals listed pursuant
to Subsection C(1)(a) above holds any other licenses under this chapter
and, if so, the names and locations of such other licensed establishments;
and
(g)
The single classification of license for which the applicant
is filing; and
(h)
The location of the proposed established, including a legal
description of the property site, and a legal street address; and
(i)
The names of all employees only at time of renewal or initial
licensing, dates of birth and aliases used for the proposed establishment,
if known, or, if presently unknown, a statement to the effect; and
(j)
The applicant's mailing address; and
(k)
A floor plan drawn to appropriate scale of the proposed establishment
indicating, but not limited to:
[1]
All windows, all doors, all entrances and exits; and
[2]
All fixed structural interior features, including but not limited
to doors, walls, stages, partitions, projection booths, admission
booths, adult booths, concession booths, stands, counters and similar
structures; and
[3]
All proposed improvements or enlargements to be made, which
shall be indicated and calculated in terms of percentage of increase
in floor size; and
(l)
The petition number of the adopted zoning resolution approving
the use, or the circumstances in support of a claim the use has a
valid nonconforming status; and
(m)
List the name and phone number of the person for the building
division to contact to schedule the inspection; and
(n)
List the phone number of the existing or proposed establishment;
and
(o)
A notarized, signed and sworn statement that the information
within the application is truthful, independently verifiable and complete.
(3)
Copies.
(a)
In addition to the requirements of Subsection C(2) above, the applicant shall supply a minimum of six copies of the application, or more as may be required, to the Village Clerk.
(c)
Application fee. Each application shall be accompanied by a nonrefundable fee, in such amount as set by resolution of the Village Board, to defray the costs of processing and investigating of the application. If the application for a license is approved and a license is granted, half of the application fee shall be applied as a credit towards the annual license fee required for the year pursuant to § 80-15F(5) of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Investigation of application.
(1)
Upon receipt of an application properly filed with the Village Clerk and upon payment of the nonrefundable application fee, the Village Clerk shall send the attached photocopies of the application to the Police Department, Fire Department and the appropriate building and zoning/planning officials. Each Department shall promptly conduct an investigation of the applicant, application and the proposed establishment in accordance with its responsibilities outlined in § 80-16 and at the conclusion of the investigation shall date and sign the application.
(2)
A Department shall indicate on an application if it finds that the proposed establishment will be in violation of any provision of § 80-16 of this chapter, or of any building, fire, health or zoning statute, ordinance or regulation. If the application fails to satisfy this chapter or any other ordinance, the department shall specifically state its reasons on a separate letter attached to the photocopy of the application and offer suggestions for correction.
E.
Review.
(1)
The Departments shall conduct and complete an investigation of the
application within 50 days from receipt of the application. All communications
regarding approval or denial shall be issued by and through the Village
Clerk. Any statements issued directly or independently by the review
departments shall not be deemed to create a reliance or estoppel situation
as to the provisions of this chapter.
(2)
The Village Board shall issue or deny an application for an adult
entertainment license within 75 days from the date of the receipt
of a complete application. The date of the proper filing of the application
shall be the date the applicant furnishes the fully completed and
sworn application and the required number of copies. The Village Board
may in appropriate cases, conditionally approve an application, subject
to the applicant taking whatever remedial measures are necessary to
comply with this chapter within a time period specified, and may direct
the issuance of the license at such time as the applicant complies
with the conditions imposed.
(3)
If the Village Board approves the application and directs the issuance of the license, the Village Board shall notify the applicant and issue the license to the applicant upon payment of the appropriate annual license fee provided in § 80-15F(5), with credit as provided herein.
(4)
The Village Board may deny the application if:
(a)
The application violates or fails to meet the provisions of
this chapter;
(b)
The application contains material false information;
(c)
The applicant or any other individuals listed pursuant to Subsection C(2)(c) has a license under this chapter which has been suspended or revoked; or
(d)
The granting of the application would violate a statute or ordinance,
or an order from a court of law which effectively prohibits the applicant
from obtaining an adult entertainment license.
(e)
The applicant or any of the other individuals required to be
listed has an arrest or conviction record, or has habitually been
a law offender or has been convicted of a felony unless the person
has been duly pardoned, subject to the provisions of §§ 11.321,
111.322, and 111.335, Wis. Stats.
F.
License.
(1)
Contents. An adult entertainment license shall state on its face
the name of the licensee, the business, local residential and legal
domiciliary residential address of the licensee, the name of the establishment,
the street address of the establishment, the classification(s) of
the license, the date application, the application number, the date
of license issuance, and the date of license expiration.
(2)
Term. All licenses issued under this chapter shall be annual licenses
which shall commence running on July 1, on which date they shall have
been paid for, and shall expire on June 30 of the following year.
If a license is issued after July 1, but by the last day of April
of the following year, the applicant shall pay the prorated license
fee. If a license is issued after January 31, but by June 30 of the
following year, the applicant shall pay 1/2 the appropriate license
fee.
(3)
Renewal. Licenses shall be entitled to renewal annually subject to
the provisions of this chapter. Prior to the June 30 expiration date,
the annual license may be renewed by presenting the license for the
previous year and by paying the appropriate license fee.
(4)
Expiration. A license shall expire for failure to obtain in hand
a renewal pursuant to this chapter by July 1. An expired license may
be renewed by:
(a)
Presentation of an affidavit stating that the establishment
has not been operated as an adult entertainment establishment subsequent
to expiration;
(b)
The payment of the appropriate license fee; and
(c)
Payment of a penalty of the 10% of the appropriate license fee
for the month of July if renewed after July 31, an additional penalty
of 5% of the appropriate license fee for the month of August, and
each successive month.
(5)
Annual license fees. Annual license fees for an adult entertainment
establishment for the following categories shall be as set by resolution
of the Village Board:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
An establishment having a license for an adult bookstore/adult
video store.
(b)
An establishment having a license for an adult theater, as follows:
(c)
Adult motel.
(d)
An establishment having a license for an adult dancing establishment.
(g)
The annual license fees collected under this chapter are declared
to be regulatory fees which are collected for the purpose of examination
and periodic inspection of adult entertainment establishments pursuant
to this chapter and administration thereof.
(6)
Distribution of fees.
(a)
The Village Clerk shall be responsible for the collection of
the application and annual license fees pursuant to this chapter.
(b)
The distribution of the application fees to the various departments
to defray costs of the implementation of this chapter shall be made
pursuant to resolution adopted by the Village Board. The distribution
may be revised by resolution when necessary to ensure the distribution
of fees covers the costs of the respective departments for the application
procedures.
(c)
The distribution of the annual license fees shall be made pursuant
to resolution adopted by the Village Board. The distribution may be
revised by resolution when necessary to issue the distribution of
fees covers the costs of the respective departments for the implementation,
enforcement and compliance review of the regulations of this chapter.
G.
Transfer of license.
(1)
A licensee shall not transfer his license to another person or thereby
surrender possession, control and operation of the licensed establishment
to such other person.
(2)
A licensee shall not transfer his license to another location.
(3)
Any attempted transfer of a license either directly or indirectly
in violation of this section is hereby declared void and the license
shall be deemed abandoned and the license shall be forfeited.
H.
Changed name. No license may change the name of an adult entertainment
establishment unless and until he satisfies each of the following
requirements:
A.
General requirements.
(1)
Each adult entertainment establishment shall, regardless of whether
it is licensed, observe the following general requirements:
(a)
Conform to all applicable building statutes, ordinances, and
regulations, whether federal, state or local; and
(b)
Conform to all applicable fire statutes, ordinances, and regulations,
whether federal, state or local; and
(c)
Conform to all applicable health statutes, ordinances, and regulations,
whether federal, state or local; and
(d)
Conform to all applicable zoning regulations and land use laws,
whether state or local; and
(e)
Keep the adult entertainment license posted in a conspicuous
place at the establishment at all times, which license shall be available
for inspection upon request at all times by the public; and
(f)
Opaquely cover each nonopaque area through which a person outside
the establishment may otherwise see inside the establishment, except
as otherwise provided by law.
B.
Supplementary requirements.
(1)
Adult theater. In addition to the general requirements for an adult
entertainment, an adult theater shall, regardless of whether it is
licensed, observe the following special requirements:
(a)
If the adult theater contains a hall or auditorium area, the
area shall comply with each of the following provisions:
[1]
Have individual or separate seats, not couches, benches, beds
or the like, to accommodate the maximum number of persons who may
occupy the area; and
[2]
Have a continuous main aisle alongside of the seating areas
in order that each person seated in the areas shall be visible from
the aisle at all times; and
[3]
Have a sign posted in a conspicuous place at or near each entrance
way to the hall or auditorium area which lists the maximum number
shall not exceed the number of seats within the hall or auditorium
area; and
[4]
Post an AIDS information sign on the side of the door which
opens and allows patrons to enter the theater; and
[5]
Provide the display to the public at a place near the main entrance
of the establishment, information, brochures or pamphlets available
from the Iowa County Health Department that deals with AIDS or communicable
diseases.
(b)
If the adult theater contains adult booths, each adult booth
shall comply with each of the following provisions:
[1]
Have a sign posted in a conspicuous place at or near the entrance
way which states that only one person may occupy the booth; and
[2]
Have a permanently open entrance way for each booth not less
than three feet two inches wide and not less than seven feet high,
which will never be closed or partially closed by any curtain, door
or other partition which would be capable of wholly or partially obscuring
any person situated in the booth; no curtains, doors or other partitions
shall be affixed, attached or connected to the permanently open entrance
way of any booth; and
[3]
Have one individual seat, not couch, bench or the like; and
[4]
Have a continuous main aisle alongside the booth in order that
each person situated in the booth shall be visible from the aisle
at all times; and
[5]
Have, except for the open entrance way for each, for each booth
walls or partitions of solid construction without any holes or openings
in such walls or partitions; and
[6]
Post an AIDS information sign at the open entrance way to the
adult booths; and
[7]
Provide and display to the public at a place near the main entrance
of the establishment information, brochures or pamphlets available
from the Iowa County Health Department that deals with AIDS and communicable
diseases.
(c)
If the adult theater is designed to permit outdoor viewing by
a person(s) seated in automobiles, it shall have the motion picture
screen so situated and the perimeter of the establishment so fenced
or screened, that the adult material to be seen by those persons may
not be seen from any public right-of-way or from surrounding properties.
(2)
Adult dancing establishment. In addition to the general requirements for an adult entertainment establishment contained in § 80-16A and C, an adult dancing establishment shall, regardless of whether it is licensed, observe the following special requirements:
(a)
In adult entertainment establishments which do not sell, serve or allow the consumption of alcoholic beverages, the exposure by any employee of human genitals, pubic region or cleavage of the human buttocks, or any other specified anatomical area defined in § 80-7 or any simulation thereof to public view shall be restricted to the stage required in Subsection B(2)(b) below. Nonemployees or patrons shall not be permitted closer than four feet to the stage edge when any employees expose those anatomical areas listed in this subsection.
(b)
It shall have a stage provided for the display or exposure of human genitals, pubic region or cleavage of the human buttocks or any other specified anatomical area defined in § 80-7 by any employee to a person other than another employee consisting of a permanent platform (or other similar permanent structure) raised a minimum of 18 inches above the surrounding floor and encompassing an area of at least 100 square feet; and
(c)
Any area in which a private performance occurs shall:
[1]
Have a permanently open entrance way not less than seven feet
wide and not less than seven feet high, which entrance way will never
be closed or partially closed by any curtain, door or other partition
which would be capable of wholly or partially obscuring any person
situated in the area; and
[2]
Have a wall-to wall, floor-to-ceiling partition of solid construction
without any holes or openings which partition may be completely or
partially transparent and which partition separates the employee from
the person viewing the display; and
[3]
Have, except for the entrance way, walls or partitions of solid
construction without any holes or openings in such walls or partitions.
C.
Prohibition of alcoholic beverages.
(1)
No person or employee shall expose to public view his or her human
genitals, pubic region, cleavage of the human buttocks, or any simulation
thereof in any establishment selling, serving or allowing the consumption
of alcoholic beverages.
(2)
No person maintaining, owning or operating an establishment serving
alcoholic beverages shall suffer or permit any person or employee
to expose to public view his or her human genitals, pubic region,
cleavage of the human buttocks, or simulation thereof within the establishment
selling, serving or allowing the consumption of alcoholic beverages.
(3)
No person maintaining, owning or operating an establishment serving
alcoholic beverages shall suffer or permit the exposure to public
view of any human genitals, pubic region, or cleavage of the human
buttocks, or the simulation thereof within the establishment selling,
serving or allowing the consumption of alcoholic beverages.
(4)
No person shall cause and no person maintaining, owning or operating
an establishment serving alcoholic beverages shall suffer or permit
the exposition of any graphic representation, including pictures or
projection of film, which depicts specified anatomical areas, engage
in any specified sexual activities or any other sexual act prohibited
by law, or any simulation thereof, within any establishment selling,
serving or allowing the consumption of alcoholic beverages.
A.
The Village Board may revoke, suspend, refuse to issue or refuse
to renew any license under this chapter, as provided in this section.
(1)
Revocation or suspension of license.
(a)
Any resident of the Village of Barneveld may file a sworn written
complaint with the Village Clerk alleging that a person holding a
license issued under this chapter has violated this chapter or does
not possess the qualification required under this chapter to hold
the license. Upon the filing of the complaint, the Village Board shall
issue a summons, not less than three days and not more than 10 days
from the date of the issuance, and to show cause why his or her license
should not be revoked or suspended. The summons and a copy of the
complaint shall be served on the licensee at least three days before
the time at which the licensee is commanded to appear. Service shall
be in the manner provided under Ch. 801, Wis. Stats., for service
of civil actions in circuit court.
(b)
Procedure on hearing.
[1]
If the licensee does not appear as required by the summons,
the allegations of the complaint shall be taken as true, and, if the
Village Board finds the allegations sufficient, the license shall
be suspended or revoked. The Clerk shall give notice of the suspension
or revocation to the person whose license is suspended or revoked.
[2]
If the licensee appears as required by the summons and denies
the complaint, both the complainant and the licensee may produce witnesses,
cross-examine witnesses and be represented by counsel. The licensee
shall be provided a written transcript of the hearing at his or her
expense. The hearing shall be heard before the Village Board and if
the complaint is found to be true, the license shall either be suspended
for not less than 10 days nor more than 90 days or revoked.
[3]
The Municipal Clerk shall give notice of each suspension or
revocation to the person whose license is suspended or revoked.
[4]
If the Village Board finds the complaint untrue, the proceedings
shall be dismissed without costs to the licensee. If the Village Board
finds the complaint to be malicious and without probable cause, the
complainant shall be ordered to pay the costs. The Village Board may
require the complainant to provide security for such costs before
issuing the summons as provided above.
(c)
Judicial review. The action of the Village Board in granting
or failing to grant, suspending or revoking any license or the failure
of the Village Board to revoke or suspend any license for good cause,
may be reviewed by the circuit court in and for Iowa County, Wisconsin,
upon application by any applicant, licensee or resident of the municipality.
The procedure on review shall be the same as in civil actions instituted
in the circuit court. The person desiring review shall file pleadings,
which shall be served on the municipal governing body in the manner
provided in Ch. 801, Wis. Stats., for service in civil actions, and
a copy of the pleadings shall also be served on any other interested
party.
(2)
Refusal to renew licenses. The Village Board may refuse to renew a license for the causes set forth in Subsection A(1). Prior to time for the renewal of the licenses, the Village Board shall notify the licensee, in writing, of the intention not to renew the license and provide the licensee an opportunity for a hearing. The notice shall state the reasons for the intended action. The hearing shall be conducted as provided in Subsection A(1)(b)[2] and judicial review shall be as provided in Subsection A(1)(c).
(3)
Refusal to issue licenses. If the Village Board decides not to issue
a new license under this chapter, it shall notify the applicant for
the new license of the decision not to issue the license. The notice
shall be in writing and state the reasons for the decision.
(4)
Effect of suspension. If a license is suspended, all operations within
the adult entertainment establishment shall cease for the period of
the suspension, and the license shall be suspended for the suspension.
During the period of suspension, no other person shall be allowed
to operate an adult entertainment establishment at that location.
No part of the fee paid for any license so suspended may be refunded.
(5)
Effective date of suspension. All periods of suspension shall begin
15 days, including Saturdays, Sundays, and holidays, after the date
the Village Clerk mails the notice of suspension to the licensee or
on the date the licensee surrenders its license to the Village Clerk,
whichever occurs first.
(6)
Effect of revocation. If a license is revoked, the licensee shall
not be allowed to obtain another adult entertainment license for a
period of two years, and no license shall be issued during that time
to any other person for the location and premises upon which the adult
entertainment establishment was situated for a period of 30 days.
(7)
Effective date of revocation. The revocation shall begin 15 days,
including Saturdays, Sundays, and holidays, after the date the Village
Clerk mails the notice of revocation to the licensee or the date the
licensee surrenders its license to the Village Clerk, whichever occurs
first.
B.
The following violations of this chapter may be enforced by the issuance of a municipal citation meeting the requirements of Chapter 1, Art. I, of this Code. The issuance of a citation shall not preclude the Village of Barneveld or any other authorized person thereof from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
(1)
Operation of establishment without valid adult entertainment license.
It shall be unlawful for any person to operate or participate in the
operation of an adult entertainment establishment when the person
knows or should know:
(a)
That the establishment does not have an adult entertainment license for the applicable classification, except as stated in § 80-15F; or
(b)
That the establishment has license which is under suspension;
or
(c)
That the establishment has a license which has been revoked;
or
(d)
That the establishment has a license which has expired.
(2)
Violations of § 80-16.
(a)
It shall be unlawful for any person to be an operator of an adult entertainment establishment which does not satisfy all of the general requirements of § 80-16 of this chapter.
(3)
Allowing employee to engage in prohibited acts. It shall be unlawful
for an operator of an adult entertainment establishment, regardless
of whether it is licensed under this chapter, to knowingly or with
reason to know, permit, suffer or allow any employee:
(a)
To engage in a lap dance with a person at the establishment;
or
(b)
To contract or otherwise agree with a person to engage in a
lap dance with a person at the establishment; or
(c)
Contract or otherwise agree with a person to engage in any specified
sexual activity at the establishment; or
(d)
To display or expose any specified anatomical area while simulating
any specified sexual activity with any other person at the establishment,
including with another employee; or
(e)
To allow any person, excluding another employee, to touch any
portion of the clothed or unclothed body of the employee below the
neck and above the knee, excluding that part of the employee's
arm below the wrist, commonly referred to as the "hand"; or
(f)
To engage in a private performance unless such person is in an area which complies with the special requirements of § 80-16B(2)(c); or
(g)
To intentionally touch the clothed or unclothed body of any
person at the adult entertainment establishment, excluding another
employee, at any point below the neck and above the knee of the person,
excluding that part of the person's arm below the wrist, commonly
referred to as the "hand."
(4)
Advertising prohibited activity. It shall be unlawful for an operator
of an adult entertainment establishment, regardless of whether it
is licensed under this chapter, to advertise the presentation of any
activity prohibited by any applicable state statute or local ordinance.
(5)
Minors prohibited. Except as otherwise provided by law, it shall
be unlawful for an operator of an adult entertainment establishment,
regardless of whether it is licensed under this chapter, to permit,
suffer or allow:
(a)
Admittance to the establishment of a person under 18 years of
age; or
(b)
A person under 18 years of age to remain at the establishment;
or
(c)
A person under 18 years of age to purchase goods or services
at the establishment; or
(d)
A person to work at the establishment as an employee who is
under 18 years of age.
(6)
Working at establishment which does not have valid adult entertainment license. It shall be unlawful for any person to work in an adult entertainment establishment that he or she knows or should know is not licensed under this chapter, except under the provisions of § 80-15, or which has a license which is under suspension, has been revoked or canceled, or has expired.
(7)
Engaging in prohibited activity. It shall be unlawful for any employee
of an adult entertainment establishment, regardless of whether it
is licensed under this chapter:
(a)
To engage in a lap dance with a person at the establishment;
(b)
To contract or otherwise agree with a person to engage, in a
lap dance with a person at the establishment; or
(c)
To engage in any specified sexual activity at the establishment;
or
(d)
To display or expose at the establishment less than completely and opaquely covered any specified anatomical area unless such employee is continuously positioned away from any person other than another employee and unless such employee is in an area as described in § 80-16B; or
(e)
To engage in the display or exposure of any specified anatomical
area while simulating any specified sexual activity with any other
person at the establishment, including with another employee; or
(f)
To engage in a private performance unless such employee is in an area which complies with the special requirements set forth in § 80-16B; or
(g)
To intentionally touch the clothed or unclothed body of any
person at the adult entertainment establishment, excluding another
employee, at any point below the neck and above the knee of the person,
excluding that part of the person's arm below the wrist, commonly
referred to as the "hand"; or
(h)
To allow any person, excluding another employee, to touch any
portion of the clothed or unclothed body of the employee below the
neck and above the knee, excluding that part of the employee's
arm below the wrist, commonly referred to as the "hand."
(8)
Touching of employee by nonemployee. It shall be unlawful for any
person in an adult entertainment establishment, other than another
employee, to intentionally touch the unclothed or clothed body of
an employee at any point below the neck and above the knee of the
employee, excluding that part of the employee's arm below the
wrist, commonly referred to as the "hand."
(9)
Exceeding occupancy limit of adult booth. It shall be unlawful for any person(s) to exceed the occupancy restrictions for an adult booth specified in § 80-16B(1)(b).
(10)
Use of restrooms or dressing rooms.
(a)
Notwithstanding any provision indicating to the contrary, it
shall not be unlawful for any employee of an adult entertainment establishment,
regardless of whether it is licensed under this chapter, to expose
any specified anatomical area during the employee's bona fide
use of a restroom, or during the employee's bona fide use of
a dressing room which is accessible only by and restricted to employees.
(c)
Notwithstanding any provisions indicating to the contrary, it
shall be not deemed unlawful for any person to expose any specified
anatomical area during that person's bona fide use of a restroom.
(11)
Hours of operation.
(a)
Except as provided in Subsection B(11)(c) below, it shall be unlawful for any operator of an adult entertainment establishment to allow such establishment to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.
(b)
Except as provided in Subsection B(11)(d) below, it shall be unlawful for any employee of an adult entertainment establishment to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.
(c)
Any operator of an adult dancing establishment which is permitted
to sell, serve, or allow the consumption of alcoholic beverages may
remain open for business or to permit an employee to engage in a performance,
solicit a performance, make a sale, solicit a sale, provide a service,
or solicit a service during the hours of operation provided in § 125.68(4)(c),
Wis. Stats.
(d)
Any employee of an adult dancing establishment which is permitted
to sell, serve, or allow the consumption of alcoholic beverages may
engage in a performance, solicit a performance, make a sale, solicit
a sale, provide a service, or solicit a service during the hours of
operation provided in § 125.68(4)(c), Wis. Stats.
(12)
Alteration of license. It shall be unlawful for any person to
alter or otherwise change the contents of an adult entertainment license
without the written permission of the occupational licensing department.
(13)
False statement or false information in applying for license.
It shall be unlawful for any person applying for an adult entertainment
license to make a false statement which is intended to facilitate
the issuance of a license, or to provide false information which is
intended to facilitate the issuance of a license.
C.
Penalties.
(2)
A person who commits a violation is subject to a forfeiture of:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
A court shall suspend any license or permit issued under this chapter
to a person for:
(a)
Not more than three days, if the court finds that the person
committed a violation within 12 months after committing one previous
violation;
(b)
Not less than three days nor more than 10 days, if the court
finds that the person committed a violation within 12 months after
committing two other violations; or,
(c)
Not less than 15 days nor more than 30 days, if the court finds
that the person committed the violation within 12 months after committing
three other violations.
(4)
The court shall promptly mail notice of a suspension under this subsection
to the Village Clerk which issued the license or permit to the person.
