City of Two Rivers, WI Adult Entertainment Businesses

The City Council finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution; and the concern over sexually transmitted diseases is a legitimate health concern of the City Council, which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens. There is convincing documented evidence that sexually oriented businesses have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the reduction of property values. The City Council desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment but to enact a content-neutral ordinance which addresses the negative secondary effects of sexually oriented businesses.

§ 9-8-2 Intent.

It is the intent of this chapter to regulate sexually oriented businesses and related activities in order to ameliorate the negative secondary effects associated with such businesses so as to promote the health, safety and general welfare of the citizens of the City of Two Rivers. It is not intended that the provisions of this chapter directly or indirectly impose limitations or restrictions on the content of any communicative materials, including sexually oriented materials, nor is it the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the Constitution of the United States or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Further, it is not the intent of this chapter to condone or legitimize the distribution of obscene materials.

§ 9-8-3 Findings.

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

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

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

Sexually oriented businesses may encourage, support and facilitate prohibited secondary sexual activities, such as prostitution.

The consumption of alcohol beverages on the premises of sexually oriented businesses exacerbates the negative secondary effects of such businesses on the community.

There is an increase in the potential for infiltration by organized crime for the purposes of unlawful conduct.

In making these findings, the City Council relies, in part, upon evidence regarding the secondary effects of sexually oriented businesses as described in the following studies: Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime? An Examination Using Spatial Analyses, McCord and Tewksbury, Crime and Delinquency, 59(7), 1108-1125 (2012); Report of the Village of Madison Planning and Zoning Commission Concerning Sexually Oriented Businesses, (Meeting Date February 14, 2011); Testimony of Richard McCleary, PhD, and Lori Sexton, MA, to the Illinois State Senate Public Health Committee, March 2, 2012; and Summaries of Studies of Sexually Oriented Businesses Land Use by the National Law Center for Children and Families, describing the results of studies made by various cities throughout the United States.

§ 9-8-4 Definitions.

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

ADULT CABARET: A nightclub, dance hall, bar, restaurant or similar commercial establishment that regularly features:

ADULT ENTERTAINMENT: Any exhibition of any motion picture, live performance, display or dance of any type which has as a significant or substantial portion of such performance or is distinguished or characterized by an emphasis on specified anatomical areas or any actual or simulated performance of specified sexual activity.

ADULT ESTABLISHMENT: An adult arcade, adult bookstore, adult cabaret, adult motion-picture theater, adult theater, adult video store and, further, means any premises to which public patrons or members are invited or admitted that is substantially devoted to the purveyance, demonstration or display of specified sexual activities or specified anatomical areas.

EMPLOYEE: A person who performs any service on the premises of a sexually oriented business on a full-time, part-time, contract 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, wages 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 nor does "employee" include a person exclusively on the premises as a patron or customer.

ENTERTAINER

Any person who appears in a sexually oriented business in a state of nudity or seminudity in a sexually oriented performance; or

[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]

Any person who engages in live performances that are characterized by specified sexual activities or the exposure of specified anatomical areas.

ESTABLISHMENT: Includes any of the following:

NUDE, NUDITY or STATE OF NUDITY: The exposure of any specified anatomical areas as defined in this chapter.

OPERATOR: The person on the premises who is responsible for the control and management of the sexually oriented business.

PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.

PLACES IN SEXUALLY ORIENTED BUSINESSES THAT ARE PROVIDED OR SET APART FOR NUDITY: Enclosed single-sex public restrooms, enclosed single-sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations and similar places in which nudity or exposure of specified anatomical areas is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person's conduct of being nude is used for his or her profit or where being nude is used as a promotion of business or is otherwise commercially exploited.

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.

REGULARLY: Recurring on a basis which is frequently, customarily or typically a part of the ongoing scheduled activities of the establishment.

SEMINUDE or SEMINUDITY: The exposure of the nipples or areolas of the female breast less than completely and opaquely covered.

SEXUALLY-ORIENTED BUSINESS: An adult bookstore, adult establishment, adult motion-picture theater, adult video store, adult cabaret or a business featuring adult entertainment, adult motion-picture theater, adult theater or other business classified as an adult establishment.

SPECIFIED ANATOMICAL AREAS

The human male genitals in a discernibly turgid state, even if fully and opaquely covered; or

Less than completely and opaquely covered human genitals, pubic region, anus, anal cleft or cleavage; or

Less than completely and opaquely covered nipples or areolas of the human female breast.

SPECIFIED SEXUAL ACTIVITIES: Includes any of the following:

§ 9-8-5 Regulation of sexually oriented businesses.

No person, employee, entertainer or patron shall be permitted to have any physical contact with any entertainer on the premises of a sexually oriented business during any performance. To prevent actual physical contact between the entertainer and any other person, employee or patron, all performances shall only occur on a stage or on a table that is elevated at least 18 inches above the immediate floor level and shall not be less than five feet from any area occupied by any patron. Patrons shall not have any physical contact with and shall not be less than five feet from any entertainer during any performance, including, but not limited to, during the payment of a tip or gratuity.

The sale, use or consumption of alcohol beverages on the premises of a sexually oriented business is prohibited.

It shall be unlawful to allow a person who is younger than 18 years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business.

It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during regular business hours. It shall be presumed that an attendant knew a person was under the age of 18 unless such attendant asked for and was furnished:

(1)

A valid operator's, commercial operator's, or chauffeur's driver's license; or

(2)

Personal identification card issued by the State of Wisconsin reflecting that such person is 18 years of age or older.

No person shall cause another to commit a violation of this chapter, nor shall any person permit such a violation to occur on any premises under his/her control, tenancy, management or ownership.

Hours of operation. No sexually oriented business regulated by this chapter may remain open between the hours of 2:00 a.m. and 8:00 a.m., Monday through Friday, or between the hours of 2:30 a.m. and 8:00 a.m. on Saturdays and Sundays.

Signs posted. All premises governed by this chapter shall be required to post signs provided by the City of Two Rivers, which state:

[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]

By ordinance: The use or consumption of alcohol beverages on these premises is prohibited. No person shall be permitted to have any physical contact with any entertainer. No person shall be less than five feet from any entertainer, including during the payment of tips. Violators may be subject to a fine of not less than $200 and not more than $700 per violation.

Doors and windows. Each entryway to a window of a sexually oriented business featuring live entertainment shall, through use of a vestibule, screening or double doors and with window coverings, eliminate any direct line of sight from the public street area to any entertainer on the premises.

No person, employee or patron shall appear in a state of nudity on the premises of any sexually oriented business.

[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]

No person, employee, entertainer or patron shall participate or engage in any specified sexual activity on the premises of any sexually oriented business.

No person, employee, entertainer or patron shall display any specified anatomical area on the premises of a sexually oriented business.

§ 9-8-6 Signage.

Signs advertising any adult cabaret, adult establishment, or any premises on which adult entertainment is provided may not depict or in any way refer to any specified anatomical areas or specified sexual activities as defined in § 9-8-4 of this Code. In all other respects they shall comply with the applicable provisions of Title 10, Chapter 10-4, Signs and Awnings, of this Code.

§ 9-8-7 Registration of entertainers.

All entertainers, as defined in § 9-8-4 of this Code, shall register with the City of Two Rivers Police Department before engaging in employment or performing in the City of Two Rivers. Failure to register shall be deemed a violation by the entertainer and the operator and owner of any premises on which the entertainer is employed or performs. Registration shall be effective for a period of one year.

§ 9-8-8 Separation of adult entertainment businesses.

In this section, "adult entertainment business" includes but is not limited to an adult cabaret and adult establishment, as defined in § 9-8-4 of this Code.

No more than one adult entertainment business may be established on any one parcel, and any adult entertainment business shall be at least 500 feet from any other adult entertainment business.

No adult entertainment business shall be permitted within 500 feet of any land zoned for residential use.

No adult entertainment business shall be permitted within 500 feet from any public or private educational facility or church. The foregoing shall include but is not limited to any child day-care establishment, nursery school, high school, vocational school, secondary school or special education school. "School" includes school grounds.

No adult entertainment business shall be permitted within 500 feet from any public park or City-owned recreational area, including but not limited to a park, playground, swimming pool, athletic field, basketball, volleyball or tennis court, or other similar land owned by the City of Two Rivers.

Distances are to be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult entertainment business is conducted to the nearest property line of the premises of a use listed in Subsections A though E.

§ 9-8-9 Exemptions.

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, social or political 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.

§ 9-8-10 Violations and penalties.

Violation of the use provisions of this chapter is declared to be a public nuisance per se which, in addition to any other remedy provided by law, may be abated by the City by way of civil abatement procedures.

Any person, partnership or corporation who violates any of the provisions of § 9-8-5 of this chapter or any other provision of this chapter shall be subject to a forfeiture of not less than $200 and not more than $700 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues to occur.

Violation of this chapter constitutes sufficient grounds for suspending, revoking or non-renewing an alcohol beverage license under § 125.12, Wis. Stats.

§ 9-8-11 Severability.

If any section of this chapter is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.