[HISTORY: Adopted by the Village Board of the Village of Browntown 5-18-2010 by Ord. No. 2010-05-18. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter is adopted pursuant to the general police powers granted under § 61.34(1), Wis. Stats.
The purpose of this chapter is to regulate the placement and operation of facilities within the Village of Browntown to further peace and good order.
The Village of Browntown has, by adoption of this chapter, confirmed the specific statutory authority, powers and duties noted in the specific sections of this chapter and has established by these sections and this chapter the certain uses, activities, businesses and operations in the Village of Browntown, Green County, Wisconsin.
A. 
Alcohol beverages. No adult-oriented entertainment business shall permit the sale, distribution or consumption of alcohol beverages on the premises of an adult-oriented entertainment business.
B. 
Uses prohibited without license.
(1) 
No person shall cause, allow or permit the operation of the below-noted adult entertainment uses, activities, business or operations in the Village of Browntown without a license issued by the Village Board of Browntown Trustees:
(a) 
Outdoor movie theater.
(b) 
Adult bookstore.
(c) 
Adult motion-picture theater.
(d) 
Cabaret.
(e) 
Dance hall.
(f) 
Taverns with a dance hall license.
(g) 
Massage parlor.
(h) 
Casino/gambling hall.
(2) 
These uses, activities, businesses or operations will be prohibited in all areas in the Village of Browntown within any area circumscribed by a circle which has a radius consisting of the following distances from the outer perimeter of the premises of where these uses, activities, businesses or operations are to occur:
(a) 
Within 1,000 feet of the outer perimeter of any residential property.
(b) 
Within 1,000 feet of the outer perimeter of any school premises.
(c) 
Within 1,000 feet of the outer perimeter of any church or religious institution premises.
(d) 
Within 1,000 feet of the outer perimeter of any nursing home or day-care center premises.
(e) 
Within 1,000 feet of the outer perimeter of a public park or campground.
(f) 
Within 1,000 feet of the outer perimeter of any group home premises.
(g) 
Within 1,000 feet of the outer perimeter of any hospital or clinic premises.
(h) 
Within 1,000 feet of the outer perimeter of any residence except the residence of the owner or occupant of the above-noted uses, activities, businesses or operations.
(i) 
Within 1,000 feet of the outer perimeter of any other of the above noted-uses, activities, businesses or operations.
(3) 
No person shall cause, allow or permit the operation of any of the above-listed adult entertainment uses, activities, businesses or operations in the Village of Browntown without provisions established for adequate off-street vehicle parking for customers.
(4) 
No person shall cause, allow or permit the operation of adult entertainment uses, activities, businesses or operations within the Village of Browntown unless the following provisions have been made:
(a) 
No clear glass or transparent tinted glass shall exist within or on the building's exterior that would allow a casual traveler or shopper to view the uses, activities, business venture or operation which occur therein.
(b) 
In the event only part of a building is utilized for adult entertainment purposes, that portion shall be separate from any other parts of the business open to the general public, requiring separation by opaque walls, doors, glass or a combination of any such materials, and a sign in the general public portion shall identify the adult entertainment area.
(c) 
Every location subject to this adult entertainment chapter shall have sign on the building exterior stating the same, either attached to the building or painted or affixed thereon, either upon or immediately adjacent to any doorway allowing public access.
(d) 
Without a specific permit issued by the Village Board to the contrary, no adult entertainment center shall admit an individual under the age of 18 years of age to an area subject to these restrictions.
(e) 
No adult entertainment center shall leave exposed to the general public any display, photograph, magazine, film, video- or audiotape, recording or other device that is properly within the enclosed, signed area as set forth herein.
C. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ADULT-ORIENTED ENTERTAINMENT BUSINESS
An adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, or any other business whose primary business activity is characterized by emphasis on matters depicting, describing, or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse as defined herein.
A. 
No person shall cause, allow or permit the operation of any of the above-noted uses, activities, businesses or operations without first being granted a license by the Village of Browntown. Application for such license shall be to the Village of Browntown and must be in writing and include:
(1) 
Name, address and phone numbers of individual, partnership, corporation and/or limited liability company responsible for the ownership and/or operation of the premises.
(2) 
Complete list of all officers, directors and agents of any partnership, corporation and/or limited liability company involved in any way with the ownership and/or operation of the premises.
(3) 
The name to be the address and phone number to be used for the premises.
B. 
The Village Board of Browntown will review the application and may request any further information it feels necessary to consider in the issuance of said license.
C. 
Licenses shall be good for one year, from July 1 through June 30, and application for renewal must be received and approved by the Village Board of the Village of Browntown prior to the end of the licensing year. Renewal may be denied if any of the provisions of this chapter are not adhered to, any county, state, or federal regulations are not adhered to, or for any other reason deemed pertinent by the Village Board of the Village of Browntown, including but not limited to the effects the adult entertainment establishment has on the community and/or the vicinity surrounding the premises.
D. 
The yearly fee for the license shall be an amount set by the Village Board for the Village of Browntown and shall be paid to the Village Treasurer prior to the issuance of the license for each year.