The Village Board intends that the enforcement of this chapter
shall be used primarily to combat the secondary effects of the obscenity
industry and shall never be used for harassment or censorship purposes
against materials or performances having serious artistic, literary,
political, educational or scientific value. The Village Board further
intends that the enforcement of this chapter shall be consistent with
the first amendment to the United States Constitution; Article I,
Section 3 of the Wisconsin Constitution; and the compelling state
interest in protection of the free flow of ideas.
The terms used herein shall be defined as follows:
ADULT CABARET
An establishment which features topless dancers, strippers
or similar entertainers.
ADULT ENTERTAINMENT
Any exhibition of any motion picture, video cassette, live
performance, display or dance of any type which has as its dominant
theme or is distinguished or characterized by an emphasis on any actual
or simulated specified sexual activities, specified anatomical areas,
the removal of articles of clothing or partial or total nude appearance.
ADULT ENTERTAINMENT STORE
An establishment including in its stock-in-trade for sale,
rent, lease, inspection or viewing, books, films, video cassettes,
novelties, magazines or other periodicals which have as their dominant
theme or are distinguished or characterized by their emphasis on matters
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
ADULT MINI THEATER
An enclosed building with a capacity of less than 50 persons,
used for presenting adult entertainment, having as its dominant theme
or distinguished or characterized by an emphasis on matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons.
ADULT-ORIENTED ESTABLISHMENT
This term includes, but is not limited to, adult entertainment
stores, adult theaters, adult mini theaters, adult cabarets and any
premises to which public patrons or members are invited or admitted
and which are physically arranged so as to provide booths, cubicles,
rooms, compartments or stalls separate from the common areas of the
premises for the purposes of viewing adult entertainment, whether
or not such adult entertainment is held, conducted, operated or maintained
for commercial gain.
ADULT THEATER
An enclosed building with a capacity of 50 or more persons
used for presenting adult entertainment having as its dominant theme
or distinguished or characterized by an emphasis on matters depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas" for observation by patrons.
OPERATOR
Any person, partnership, corporation or other organization
operating, conducting, maintaining or owning any adult-oriented establishment.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttocks and female breast below a point immediately above
the top of the areola.
B.
Human male genitals in a discernibly turgid state, even if opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES
Simulated or actual:
A.
Showing of human genitals in a state of sexual stimulation or
arousal.
B.
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
C.
Fondling or erotic touching of human genitals, pubic region,
buttocks or female breasts.
The Village Board shall issue an adult-oriented establishment
license if, upon recommendation by the Protective Services Committee,
it finds that:
A. The required fee has been paid.
B. The application conforms in all respects to this chapter.
C. The location of the adult-oriented establishment is not within 1,000
feet of any church or synagogue building, school building or park,
nor within 200 feet of any residential district.
D. The applicant has not knowingly made a material misstatement in the
application.
E. The applicant has supplied all the information required under §
100-4 above and the information requested by the Protective Services Committee regarding the investigation of his application.
F. The adult-oriented establishment, as proposed by the applicant, would comply with all applicable laws, including, but not limited to, Chapter
125, Building Construction, and Chapter
325, Zoning, of this Code.
G. The applicant has not had an adult-oriented establishment license
or permit or other similar license or permit revoked or suspended
in this state or any other state within three years prior to the date
of application.
H. The applicant, if an individual; any of the stockholders holding
5% or more of the stock or beneficial ownership of the corporation,
and any officers, agents or directors, if the applicant is a corporation;
or any of the partners, including limited partners, if the applicant
is a partnership, does not, at the time of application, have pending
any criminal charge for or within five years prior to the date of
application, has not been convicted of any offense involving dishonesty,
fraud, deceit, robbery, the use or threatened use of force or violence
upon the person of another, or sexual immorality under Ch. 944 or
948, Wis. Stats., as amended, or the laws of another state similar
in nature to said Ch. 944 or 948, Wis. Stats., or other offense, subject
to § 111.335, Wis. Stats., as amended.
I. The applicant, if a corporation, is licensed to do business and is
in good standing in the state.
J. All individual applicants; all stockholders holding 5% or more of
the stock or beneficial ownership, directors and officers if the applicant
is a corporation; and all partners, including limited partners, if
the applicant is a partnership, are at least 18 years of age.
The adult-oriented establishment license shall be displayed
in a conspicuous public place in the adult-oriented establishment.
Any corporation holding an adult-oriented establishment license
under this chapter shall report to the Village Clerk, in writing,
within 15 days of the event described herein, any of the following:
A. Any change of officers of the corporation.
B. Any change in the membership of the board of directors of the corporation.
Upon the sale or transfer of any interest in an adult-oriented
establishment, the license shall be void. Any person desiring to continue
to operate an adult-oriented establishment following sale or transfer
shall apply for a license.
Any adult-oriented establishment having available for customers,
patrons or members any booth, room or cubicle for the private viewing
of any adult entertainment must comply with the following requirements:
A. Each booth, room or cubicle shall be totally accessible to and from
aisles and public areas of the adult-oriented establishment and shall
be unobstructed by any door, lock or other control-type devices.
B. Every booth, room or cubicle shall meet the following construction
requirements:
(1) Each booth, room or cubicle shall be separated from adjacent booths,
rooms or cubicles and any nonpublic areas by a wall.
(2) Unobstructed view at all times of anyone occupying the same.
(3) All walls shall be solid and without any openings, extended from
the floor to a height of not less than six feet and be light colored,
nonabsorbent, smooth textured and easily cleanable.
(4) The floor must be light colored, nonabsorbent, smooth textured and
easily cleanable.
(5) The lighting level of each booth, room or cubicle, when not in use,
shall be a minimum of 10 footcandles at all times, as measured from
the floor.
C. Only one individual shall occupy a booth, room or cubicle at any
time. No occupant shall engage in any type of sexual activity.
Any person violating this chapter shall, upon conviction, be
subject to a forfeiture not to exceed $500.