It is the intent of this chapter to regulate sexually oriented
businesses and related activities to promote the health, safety, and
general welfare of the citizens of the Town of Rome, and to establish
reasonable and uniform regulations to prevent the deleterious location
and concentration of sexually oriented businesses within the Town
of Rome. The provisions of this chapter have neither the purpose nor
effect of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials. Similarly,
it is neither the intent nor effect of this chapter to restrict or
deny access by adults to sexually oriented materials 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 chapter to condone or legitimize
the distribution of obscene materials.
Based on evidence concerning the adverse secondary effects of
sexually oriented businesses on the community in reports made available
to the Town Board, and on the holdings and findings in the cases of
City of Erie v. Pay's A.M., 120 South Court 1382 (2000); City
of Renton v. Playtime Theatres. Inc., 475 U.S. 41 (1986); Young v.
American Mini Theatres. 426 U.S. 50, (1976); and Barnes v. Glen Theatre.
Inc., 501 U.S. 560 (1991); City of Newport. KY v. Iacobucci, 479 U.S.
92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); Schultz
City of Cumberland, Case Nos. 98-4 126 and 98-4209 (7th Cir,, September
26, 2000)(2000 U.S. App. LEXIS 23773); DLS, Inc. v. City of Chattanooga,
107 F3d 403 (6th Cir. 1997); Key. Inc. v. Kitsap County, 793 F. 2d
1053 (9th Cir. 1986); Hang On. Inc. v. City of Arlington, 6SF. 3d
1248 (5th Cir. 1995); East of the River Enterprises II v. City of
Hudson, 2000 WI. App. Lexis 734 (Ct. App. Aug. 1, 2000); and Urmanski
v. Town of Bradley, 2000 WI App. 141,613 N.W.2d 905 (Ct. App. 2000),
as well as studies and summaries of studies conducted in other cities,
including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota;
Houston, Texas; Garden Grove, California; Los Angeles, California;
Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma
City, Oklahoma; Cleveland. Ohio; and Beaumont, Texas; and findings
reported in the Regulation of Adult Entertainment Establishments in
St. Croix County, Wisconsin; and the Report of the Attorney General's
Working Group on the Regulation of sexually oriented businesses (June
6, 1989, State of Minnesota), the Town Board finds that:
A. Crime statistics show that all types of crimes, especially sex-related
crimes, 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 may contribute to an increased public
health risk through the spread of sexually transmitted diseases.
D. There is an increase in the 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 businesses exacerbates the deleterious secondary effects
of such businesses on the community.
The following terms shall have the following meanings:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
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 or ADULT VIDEO STORE
A commercial establishment that, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
A.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, videocassettes or video reproductions, slides,
or other visual representations that depict or describe specified
sexual activities or specified anatomical areas; or
B.
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities. 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 "adult bookstore" or "adult video store" so long as one of its
principal business purposes is the offering for sale or rental for
consideration the specified materials that depict or describe specified
sexual activities or specified anatomical areas. A principal business
purpose need not be a primary use of an establishment so long as it
is a significant use based upon the visible inventory or commercial
activity of the establishment.
ADULT CABARET
A nightclub, dance hall, bar, restaurant, or similar commercial
establishment that regularly features:
A.
Persons who appear in a state of nudity or seminudity;
B.
Live performances that are characterized by "specified sexual
activities"; or
C.
Films, motion pictures, video cassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of specified sexual activities or nudity or specified anatomical areas.
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 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;
B.
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
C.
Allows a tenant or occupant of a sleeping room to sub rent the
room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear, in person,
in a state of nudity or semi-nudity, and/or live performances that
are characterized by the exposure of "specified anatomical areas"
or by "specified sexual activities."
BREAST
The human female mammary gland.
BUTTOCKS
The area at the rear of the human body referred to as the
"gluteus maximus," the fleshy part of the body at the back of the
hips upon which a person sits.
EMPLOYEE
A person who performs any service on the premises of a sexually
oriented business on a full time, part time, contract basis, or independent
basis, whether or not the person is denominated an employee, independent
contractor, agent, or otherwise, and whether or not the 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, nor does
"employee" include a person exclusively on the premises as a patron
or customer.
ENTERTAINER
A.
Any person who appears in a state of seminudity in a sexually
oriented business; or
B.
Any person who engages in live performances that are characterized
by specified sexual activities.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
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
Means and 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; or
E.
A sexually oriented business or premises on which the sexually
oriented business is located.
FINE
Shall be the equivalent of the word "forfeiture," and vice
versa.
GOODS
Personal property of any kind and shall include goods provided
incidental to services offered or sold.
HEALTH DEPARTMENT
The Adams County Health Department, Health Officers, or his/her
designee or authorized agent.
LICENSED DAY-CARE CENTER
A facility licensed by the State of Wisconsin, under § 48.65,
Wis. Stats, whether situated within the Town or not, that provides
care, training, education, custody, treatment or supervision for more
than four children under 14 years of age, where such children are
not related by blood, marriage or adoption to the owner or operator
of the facility, for less than 24 hours a day, regardless of whether
or not the facility is operated for profit or charges for the services
it offers.
MUNICIPALITY
Municipality is any city, village, Town or county.
NONCONFORMING USE
Any building or land lawfully occupied by a use at the effective
date of a Town ordinance or amendment thereto which does not conform
after passage with the requirements of the ordinance or amendment.
NUDITY or STATE OF NUDITY
The appearance of the human bare anus, anal cleft or cleavage,
pubic area, male genitals, female genitals, or the nipple or areola
of the female breast, with less than a fully opaque covering; or the
showing of the covered male genitals in a discernibly turgid state;
OCCUPANCY
Pertains to and is the purpose for which a building is used
or intended to be used.
OCCUPANT
Any person occupying or having use of a building, structure,
premises of any part thereof.
OPERATOR
The person on the premises who is responsible for the control
and management of the sexually oriented business.
OWNER
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these who shall
hold title to a building, structure or property, or who shall be in
actual possession of, or have charge, or control of building, structure,
or property as agent of the title holder, or who shall be trustee
or guardian of the estate or person of the title holder.
PATRON
A customer on the premises of a sexually oriented business,
PARKING LOT
Any public or private land area where motor vehicles are
parked or stored temporarily, but not including the wrecking of automobile
or other vehicles or storage for the purpose of repair or wrecking.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
PREMISES
The real property upon which the sexually oriented business
is located, and all appurtenances thereto and buildings thereon, including
but not limited to the sexually oriented business, the grounds, private
walkways, and parking lots and/or parking garages adjacent thereto,
under the ownership, control or supervision of the owner or operator
of the business.
PUBLIC NUISANCE
A thing, act, occupation, condition or use of property, which
shall continue for such length of time as to substantially annoy,
injure or endanger the comfort, health, repose or safety of the public;
in any way render the public insecure in life or in the use of property;
greatly offend the public morals or decency; unlawfully and substantially
interfere with, obstruct or tend to obstruct or render dangerous for
passage any street, alley, highway, navigable body of water or other
public way or the use of public property.
REGULARLY
Recurring on a basis which is frequently, customarily or
typically.
SEMINUDE or SEMINUDITY
The exposure of a bare male or female buttocks or the female
breast below a horizontal line across the top of the areola at its
highest point with less than a complete and opaque covering.
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 seminudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, or sexual encounter center.
SIGN
Any medium, including its structure, words, letters, figures,
numerals, phrases, sentences, emblems, devices, designs, trade names
or trademarks by which anything is made known and which are used to
advertise or promote an individual, firm, association, corporation,
profession, business, commodity or product and which is visible from
any public street or highway.
SPECIFIED ANATOMICAL AREAS
A.
The human male genitals in a discernibly turgid state, even
if fully and opaquely covered;
B.
Less than completely and opaquely covered human anus, anal cleft
or cleavage, genitals, pubic region, or the nipple or areola of the
female breast.
SPECIFIED SEXUAL ACTIVITY
A.
The fondling or other erotic touching of human genitals, pubic
regions, buttocks, anus, or female breasts, whether covered or uncovered;
B.
Sex acts, actual or simulated, including intercourse, oral copulation,
or sodomy;
C.
Masturbation, actual or simulated, or;
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsection
A through
C of this definition, above.
TOWN
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
TOWN BOARD or BOARD
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
The provisions of this chapter do not apply to the following
establishments: theaters, performing arts centers, civic centers,
and dinner theaters where live dance, ballet, music and dramatic performances
of serious artistic merit are offered on a regular basis; and in which
the predominant business or attraction is not the offering 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 nude or seminude performances.
While expressive live nudity may occur within these establishments,
this chapter seeks only to minimize and prevent the secondary effects
of sexually oriented businesses on the community. Negative secondary
effects have not been associated with these establishments.
If any portion, subsection, sentence, clause, phrase, word or
provision of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, whether for substantive, procedural,
or any other reason, such portion shall be deemed a separate, distinct
and independent provision, and any such holdings shall not affect
the validity of the remaining portions of this chapter. It is the
legislative intent of the Town Board that this chapter would have
been adopted if such illegal provision had not been included or any
illegal application had not been made.