[HISTORY: Adopted by the Town Board of the Town of Lowell 5-17-2018 by Ord. No. 2018-3;[1] amended in its entirety at time of adoption of Code (See
Ch. 1, General Provision, Art. II). Subsequent amendments noted where
applicable.]
[1]
Editor's Note: This ordinance also repealed Title 11,
Ch. 7, of the 2004 Code of Ordinances, Regulation of Lewd and Sexually
Explicit Conduct.
A.
It is a lawful purpose of the Town Board to enact rules and regulations
as are necessary for the preservation of health and to prevent the
spread of AIDS and other communicable or sexually transmitted diseases
in the Town of Lowell. It has been found by localities through the
State of Wisconsin, particularly Milwaukee, Racine, Waukesha, Delafield,
Kenosha and West Allis, as well as communities around the country,
including Indianapolis, Indiana; Boston, Texas; Chattanooga, Tennessee;
Newport News, Virginia; Marion County, Indiana; Detroit, Michigan;
and Seattle, Washington; as well as other communities around the country,
that sexually oriented adult entertainment establishments are predisposed
to the creation of unsafe and unsanitary conditions; that operators
and employees of such businesses tend to participate in sex-related
offenses on the premises, creating substantial law enforcement problems;
and that the operational characteristics of such businesses have a
deleterious effect on surrounding areas, resulting in neighborhood
blight and reduced property values, especially when such businesses
are concentrated in one area. Many of such establishments install
movie-viewing booths with doors in which patrons view videotapes,
movies, films and other forms of entertainment characterized by their
emphasis on depicting, describing or relating to specified sexual
activities or specified anatomical areas, and that such booths have
been and are being used by patrons to engage in sexual acts, resulting
in unsanitary, unhealthy and unsafe conditions in said booths and
establishments. This chapter is intended to establish standards in
order to prevent the spread of AIDS and other communicable or sexually
transmitted diseases, and to eliminate the deleterious effects described
above in the Town of Lowell.
B.
The Town Board finds that there is an increasing likelihood of commercial
exploitation of human sexuality by owners of premises holding "Class
B" alcohol beverage licenses in the State of Wisconsin. Such exploitation
takes place in the form of employing or permitting persons to perform
or exhibit their nude or seminude bodies to other persons as an inducement
to other persons to purchase alcohol beverages. The direct result
of such exploitation is criminal activity, moral degradation and disturbance
of the peace and good order of the community. In addition, this commercial
exploitation of such nude and seminude acts is adverse to the public's
interest in the quality of life, commercial activity and total community
environment in the Town of Lowell.
C.
The purpose of this chapter is to promote the health, safety and general welfare of the Town of Lowell through the establishment of regulations concerning the licensing and operation of adult-oriented establishments. The Town Board intends that the enforcement of this chapter shall be used to combat and prevent the negative secondary effects associated with adult-oriented establishments such as, for example, personal property crimes, prostitution, lewd behavior, assault, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restricting the content of any speech or communicative materials, including sexually oriented materials, and the regulations set forth herein shall never be used for harassment or censorship purposes against materials or performances having serious artistic, literary, political, educational or scientific value. The Town Board further intends that this chapter shall be construed and enforced in a manner 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 following definitions are applicable in this chapter:
An establishment or business which provides the service of
baths of all kinds, including all forms and methods of hydrotherapy,
that is not operated by a medical practitioner or a professional physical
therapist licensed by the State of Wisconsin and which establishment
provides to its patrons an opportunity for engaging in specified sexual
activities as defined in this article.
An establishment or business wherein patrons are afforded
an opportunity to paint images on a body which is wholly or partially
nude. For purposes of this chapter, an adult body painting studio
shall not be deemed to include a tattoo parlor.
An establishment having as a substantial or significant portion
of its stock-in-trade in books, magazines, and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to specified sexual activities or specified
anatomical areas as defined herein. This includes an establishment
having as its stock-in-trade, for sale, rent, trade, lease, inspection
or viewing books, films, videocassettes, motion pictures, magazines
or other periodicals which are distinguished or characterized by their
emphasis on matters depicting, describing or relating to specific
sexual activities or specified anatomical areas, and in conjunction
therewith have facilities for the presentation of adult entertainment,
including adult-oriented videotapes, films, motion pictures or other
offered entertainment for observation by patrons therein.
A cabaret which features topless dancers, strippers or similar
entertainers.
Any exhibition of any motion pictures, recording, photographic
reproduction, closed-circuit transmission, cable/satellite transmission,
subscriber programming, or other physical medium that allows an image
to be displayed or transmitted; and/or any live performance, display
or dance of any type which has a significant or substantial portion
of such performance or is distinguished or characterized by an emphasis
on, any actual or simulated performance of, specified sexual activities,
or exhibition and viewing of specified anatomical areas, as defined
herein, appearing unclothed, or the removal of articles of clothing
to reveal specified anatomical areas.
An enclosed building with a capacity for less than 50 patrons,
including establishments that have coin-operated video or motion-picture
booths, used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas as defined herein
for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
at which a significant or substantial portion of the material presented
is distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified
anatomical areas as defined herein for observation by patrons therein.
A parcel of land from which individuals may view a motion
picture presented out of doors which presents material distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activity or specified anatomical areas,
as defined herein, for observation by patrons.
An establishment or business having as a substantial or significant
portion of its stock-in-trade in novelty or other items which are
distinguished or characterized by their emphasis on, or designed for,
specified sexual activities or specified anatomical areas, as defined
herein, or stimulating such activity.
An establishment which includes, but is not limited to, adult
bookstores, adult motion-picture theaters, adult mini motion-picture
theaters, adult bathhouses, adult body-painting studios, adult novelty
shops or adult cabarets, and further means any premises to which public
patrons or members are invited or admitted and which are so physically
arranged so as to provide booths, cubicles, rooms, compartments or
stalls separate from the common area of the premises for the purposes
of viewing adult entertainment, whether or not such adult entertainment
is held, conducted, operated or maintained for profit, direct or indirect.
Such enclosures as are specifically offered to the public
or members of an adult-oriented establishment for hire or for a fee
as part of a business operated on the premises which offers as part
of its business the entertainment to be viewed within the enclosure
which shall include, without limitation, such enclosures wherein the
entertainment is dispensed for a fee, but a fee is not charged for
mere access to the enclosure. However, "booth," "room," or "cubicle"
does not mean such enclosures that are private offices used by the
owners, managers or persons employed on the premises for attending
to the tasks of their employment, which enclosures are not held out
to the public or members of the establishment for hire or for a fee
or for the purpose of viewing entertainment for a fee, and are not
open to any persons other then employees; nor shall this definition
apply to hotels, motels or other similar establishments licensed by
the State of Wisconsin pursuant to Chapter 50, Wis. Stats.
A building, whether situated within the Town or not, in which
persons regularly assemble for religious worship intended primarily
for purposes connected with such worship or for propagating a particular
form of religious belief. As used herein, "church" includes buildings
for all forms of organized religions, whether the members refer to
their organization as a "church" or by another name.
Any person who:
Is allowed to enter an adult-oriented establishment in return
for the payment of an admission fee or any other form of consideration
or gratuity; or
Enters an adult-oriented business and purchases, rents or otherwise
partakes of any merchandise, goods, entertainment or other services
offered therein; or
Is a member of and on the premises of an adult-oriented establishment
operating as a private club.
A facility licensed by the State of Wisconsin pursuant to
§ 48.65, Wis. Stats., whether situated within the Town or
not.
A nontransparent closure device which prevents activity taking
place within a booth, room or cubicle from being seen or viewed from
outside the booth, room or cubicle.
Any and all persons, including independent contractors, who
work in or at or render any services directly or indirectly related
to the operation of an adult-oriented establishment.
Any person who provides entertainment within an adult-oriented
establishment as defined in this chapter, whether or not a fee is
charged or accepted for entertainment and whether or not entertainment
is provided as an employee or independent contractor.
Having general knowledge of, or reason to know, or a belief
or grounds for belief which warrants further inspection or inquiry
of both:
The character and content of any material described herein which
is reasonably suspect under this section; and
The age of a minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the defendant
made a reasonable, bona fide attempt to ascertain the true age of
such minor.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering or the showing
of the female breast with less than a fully opaque covering of any
part of the nipple, or the showing of covered male genitals in a discernible
turgid state.
Any person operating, conducting, maintaining or owning any
adult-oriented establishment.
A person who gives financial or other support to a person,
organization, cause, or activity.
Pertaining to the use of land, whether situated within the
Town or not, for premises such as homes, townhouses, duplexes, condominiums,
apartments and mobile homes, which contain habitable rooms for nontransient
occupancy and which are designed primarily for living, sleeping, cooking
and eating therein. A premises which is designed primarily for living,
sleeping, working and eating therein shall be deemed to be residential
in character unless it is actually occupied and used exclusively for
other purposes. Hotels, motels, boardinghouses, nursing homes and
hospitals shall not be considered to be residential.
Flagellation or torture by a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
A building, whether situated within the Town or not, where
persons regularly assemble for the purpose of instruction or education,
together with playgrounds, stadia and other structures or grounds
used in conjunction therewith. The term is limited to:
Public and private schools used for primary or secondary education
in which any regular kindergarten or grades one through 12 classes
are taught; and
Special educational facilities in which students who have physical
or learning disabilities receive specialized education in lieu of
attending regular classes in kindergarten or any of grades one through
12.
The commission of any of the following: sexual intercourse,
sodomy, bestiality, necrophilia, human excretion, masturbation, sadism,
masochism, fellatio, cunnilingus or lewd exhibition of human genitals.
Physical sexual contact between individuals that involves
the genitalia of at least one person including, but not limited to,
heterosexual intercourse, sodomy, fellatio, or cunnilingus.
Less than completely and opaquely covered:
Simulated or actual:
As used in various definitions, shall mean 50% or more of
a business's stock-in-trade, display space, floor space or retail
sales in any one month during the license year.
A.
It shall be unlawful for any person to sell, rent, exhibit, play,
distribute, or loan to any person under the age of 18 years any harmful
material, with or without monetary consideration.
B.
"Harmful material" as used herein shall have the same definition
as shown in § 948.11(1), Wis. Stats., which is incorporated
herein by reference.
C.
The affirmative defenses and exceptions shown in §§ 948.11(2)(c)
and 948.11(4), Wis. Stats., shall apply equally to a violation of
this section, and such provisions are incorporated herein by reference.
In addition to purposes described in § 110-1, it is the purpose of this chapter to regulate adult-oriented establishments to promote the health, safety, morals, and the general welfare of the citizens of the Town of Lowell, to aid in the alleviation and prevention of the adverse and deleterious effects of criminal activity and disruption of the public peace associated with such establishments, and to establish reasonable and uniform regulations to prevent the serious health hazards associated with unsafe and unsanitary conditions known to exist in those establishments and to alleviate the spread of sexually transmitted diseases and other contagious diseases in those establishments.
A.
Except as provided in Subsection D below, no adult-oriented establishment shall be operated or maintained within the corporate limits of the Town of Lowell without first obtaining a license to operate issued by the Town of Lowell.
B.
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place per filed application. Any person,
partnership, or corporation which desires to operate more than one
adult-oriented establishment must have a license for each.
C.
No license or interest in a license may be transferred to any person, partnership, or corporation except as set forth in § 110-12.
D.
All adult-oriented establishments existing at the time of the original
passage of this chapter must submit an application for a license within
90 days of the passage of this chapter. If an application is not received
within said ninety-day period, then such existing adult-oriented establishment
shall cease operations.
A.
License procedure. Any person, partnership, or corporation desiring to secure an adult-oriented establishment license shall make application to the Town Clerk. The application shall be filed in triplicate with and dated by the Town Clerk. A copy of the application shall be distributed within 10 days of receipt thereof to the appropriate law enforcement authorities, Fire Inspector, Building Inspector, and to the applicant. The pertinent statutes adopted in § 219-1 of Chapter 219, Peace and Good Order, shall be applicable to adult-entertainment licenses under this chapter.
B.
Required information. The application for a license shall be upon
a form provided by the Town Clerk. An applicant for a license, which
shall include all partners or limited partners of a partnership applicant,
all officers or directors of a corporate applicant, all members of
any limited liability company applicant, and any other person who
is interested directly in the ownership or operation of the business,
shall furnish the following information under oath:
(1)
Name, including all aliases, address and date of birth of applicant;
(2)
Written proof that the individual is at least 18 years of age;
(3)
All residential addresses of the applicant for the past 10 years;
(4)
The business, occupation, or employment of the applicant for 10 years
immediately preceding the date of application;
(5)
The exact nature of the adult entertainment to be conducted;
(6)
Whether the applicant previously operated in this or any other state,
county or municipality under an adult-oriented establishment license
or similar business license; whether the applicant has ever had such
a license revoked or suspended, the reason therefor, and the business
entity or trade name under which the applicant operated that was subject
to the suspension or revocation;
(7)
All criminal convictions, whether federal or state, or municipal
ordinance violation convictions, forfeiture of bond and pleadings
of nolo contendere on all charges, except traffic offenses;
(8)
Fingerprints and two portrait photographs of at least two inches
by two inches of the applicant;
(9)
The address of the adult-oriented establishment to be operated by
the applicant;
(11)
The following additional requirements apply to each entity applicant
as applicable:
(a)
Corporation. If the applicant is a corporation, the name of
the corporation shall be set forth exactly as set forth in its Articles
of Incorporation, together with the date and state of incorporation
and the names and residence addresses of each of its officers, directors
and each stockholder holding 5% or more of the stock or beneficial
ownership of the corporation. The application shall also be verified
by an officer of the corporation.
(b)
Partnership. If the applicant is a partnership, the application
shall set forth the name of the partnership and the name and residence
address of each of the partners, including limited partners, and be
verified by each partner. If one or more of the partners is a corporation
or limited liability company, the provisions of this section pertaining
to a corporate applicant shall apply to the corporate or limited liability
company partner.
(c)
Limited liability company. If the applicant is a limited liability
company, the application shall set forth the name of the company and
the name and residence address of each of the members, and be verified
by each member. If one or more of the members is a corporation, the
provisions of this section pertaining to a corporation applicant shall
apply to the corporate partner.
(d)
Others. If the applicant is not a corporation, limited liability
company, nor a partnership, the application shall set forth the name
of the company and the name and residence address of each of the members,
and be verified by each member. If one or more of the members is a
corporation, the provisions of this section pertaining to a corporate
applicant shall apply to the corporate partner.
(12)
All pending criminal charges in any state or federal court,
with a brief statement of the nature of the pending charges and the
jurisdiction in which the charges are pending;
(13)
All pending actions or proceedings wherein a violation of an
administrative regulation or municipal ordinance is asserted, the
nature of the alleged violation, and the jurisdiction in which the
proceedings are pending;
(14)
The names of persons who have custody of the business records
at the business location;
(15)
The name and address of the person who will be the agent for
the service of process; and
(16)
The complete proposed hours of operation for the business, and
a detailed floor plan.
C.
Failure to provide information. Failure or refusal of the applicant
to provide any information for the investigation of the application,
or the applicant's refusal or failure to appear at any reasonable
time and place for examination under oath regarding said application,
or refusal to submit to or cooperate with any investigation required
by this section shall constitute an admission by the applicant of
ineligibility for such license and shall be grounds for denial thereof.
A.
General requirements. To receive a license to operate an adult establishment,
an applicant must meet the following standards:
(1)
If the applicant is an individual:
(a)
The applicant shall be at least 18 years of age;
(b)
Subject to Ch. 111, Wis. Stats., the applicant shall not have
been convicted of or pleaded nolo contendere to a felony or any crime
involving moral turpitude, prostitution or other crime of a sexual
nature in any jurisdiction within five years immediately preceding
the date of the application; and
(c)
The applicant shall not have been found to have previously violated
this chapter within five years immediately preceding the date of the
application.
(2)
If the applicant is a corporation:
(a)
All officers, directors, and others required to be named under § 110-6B shall be at least 18 years of age;
(b)
Subject to Ch. 111, Wis. Stats., no officer, director, or other person required to be named under § 110-6B shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and
(3)
If the applicant is a partnership, joint venture, limited liability
company or any other type of organization where two or more persons
have a financial interest:
(a)
All persons having a financial interest in the partnership,
joint venture or other type of organization shall be at least 18 years
of age;
(b)
Subject to Ch. 111, Wis. Stats., no person having a financial
interest in the partnership, joint venture, or other type of organization
shall have been convicted of or pleaded nolo contendere to a felony
or any crime involving moral turpitude, prostitution or other crime
of a sexual nature in any jurisdiction within five years immediately
preceding the date of the application; and
(c)
No person having a financial interest in the partnership, joint
venture or other type of organization shall have been found to have
violated any provision of this chapter within five years immediately
preceding the date of the application.
B.
Investigation. No license shall be issued unless law enforcement
authorities designated by the Town of Lowell has investigated the
applicant's qualifications to be licensed. The results of that
investigation shall be filed, in writing, with the Town Clerk no later
than 14 days after the application.
C.
Inspection. The Building Inspector, Fire Inspector, and/or law enforcement
authorities shall inspect the premises proposed to be licensed to
verify compliance with their respective codes, and shall report compliance
findings to the Town Clerk within 14 days of the date of application.
D.
Proof. No license shall be issued unless the applicant provides proof
of one of the following:
(1)
Ownership of a properly zoned building or parcel of real property
upon which a building can be constructed. Proper zoning includes permissible
nonconforming use status.
(2)
A lease on a building which is properly zoned to house a venture.
Proper zoning includes permissible nonconforming use status.
(3)
An option to purchase property which is properly zoned for the venture.
(4)
An option to lease property which is properly zoned for the venture.
Proper zoning includes permissible nonconforming use status.
A nonrefundable adult-oriented establishment license application
fee as prescribed in accordance with the Town Board's current Fee
Schedule shall be submitted with the application for a license.
The adult-oriented establishment license shall be displayed
in a conspicuous public place in the adult-oriented establishment.
A.
Every license issued pursuant to this chapter will terminate on June
30 of the year it is issued, unless sooner revoked, and must be renewed
before operation is allowed in the following year. Any operator desiring
to renew a license shall make application to the Town Clerk. The application
for renewal must be filed not later than 60 days before the license
expires. The application for renewal shall be filed in triplicate
with and dated by the Town Clerk. A copy of the application for renewal
shall be distributed by the Town Clerk to the Building Inspector,
Fire Inspector and the applicant. The application for renewal shall
be upon a form provided by the Town Clerk and shall contain such information
and data, given under oath or affirmation, as is required for an application
for a new license.
B.
A license renewal fee as prescribed in accordance with the Town Board's
current Fee Schedule shall be submitted with the application for renewal.
C.
If the Police Department is aware of any information bearing on the
operator's qualifications, that information shall be filed, in
writing, with the Town Clerk.
A.
Whenever an initial application is denied, the Town Clerk shall,
within 14 days of the denial, advise the applicant in writing of the
reasons for such action. If the applicant requests a hearing within
10 days of receipt of notification of denial, a public hearing shall
be held at the next regularly scheduled meeting of the Town Board,
B.
Failure or refusal of the applicant to give any information relevant
to the investigation of the application or his or her refusal or failure
to appear at any reasonable time and place for examination under oath
regarding said application or his or her refusal to submit to or cooperate
with any investigation required by this chapter shall constitute an
admission by the applicant that he or she is ineligible for such license
and shall be grounds for denial thereof by the Town Clerk.
A.
A license is personal to the owner(s) and operator designated in
the application, provided it may be transferred pursuant to this section.
A transfer application must be filed no less than 10 days before any
change of the owner(s) or operators designated on the application.
In the event that a transfer application is not timely filed, then
the license shall be invalid for any purpose relating to the operation
of the adult-oriented business, and any transfer shall require the
filing of an original application and be subject to the regulations
applicable thereto.
B.
The Town Clerk shall prescribe a form on which license transfer applications
shall be made. The form shall include a statement under oath that
the original application remains correct as previously submitted in
all respects except those that are amended by the transfer application.
The transfer application shall contain a statement under oath that
the individual signing the transfer application has personal knowledge
of the information contained therein and that the information is true
and correct and shall not be complete unless accompanied by a nonrefundable
transfer fee of $100. Transfer applications shall be filed in the
same place and at the same time as original applications, and the
fee shall be payable in the same manner as for original application.
C.
Transfer applications shall be reviewed, issued and subject to appeal
in the same manner as original applications, and they shall be issued
for the remaining term of the license to be transferred.
D.
Any transfer of an adult-oriented establishment, other than as provided in this section, from the licensed premises to any other premises shall cause such license to lapse and become void. A license which has lapsed and become void shall be subject to revocation under § 110-18.
E.
Restrictions on corporate and limited liability company licenses.
Any corporation or limited liability company holding an adult-oriented
establishment license under this article shall report to the Town
Clerk, in writing, within 15 days of the event described herein, any
of the following:
Any adult-oriented establishment having available for customers,
patrons or members any booth, room, or cubicle for the private viewing
of adult entertainment in which a significant or substantial portion
of the material presented is distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas must comply with the
following requirements:
A.
Access. 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.
Construction. Every booth, room or cubicle shall meet the following
construction requirements:
(1)
Each booth, room or cubicle shall be separated from adjacent booths,
rooms, cubicles and any nonpublic areas by a wall.
(2)
Have at least one side totally open to a public, lighted aisle so
that there is an unobstructed view at all times of anyone occupying
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 ten footcandles at all times, as measured from
the floor.
C.
Occupants. Only one individual shall occupy a booth, room or cubicle
at any time. No occupant of same shall engage in any type of specified
sexual activity, cause any bodily discharge or litter while in the
booth. No person shall alter, damage or deface any portion of any
such booth, room or cubicle in such a manner that it no longer complies
with the provisions of this section.
D.
Setback. A two-inch-wide glow-in-the-dark line shall be prominently
and continuously displayed on the floor, marking a distance of six
feet from each unenclosed stage on which an employee in a state of
partial or total nudity may appear. For purposes of this provision,
an "unenclosed stage" is a stage that is not physically separated
from customers or patrons by a solid wall of unbreakable glass or
Plexiglas or substantially equivalent material with no openings that
would permit physical contact with customers or patrons.
E.
Required sign. A sign shall be continuously and conspicuously posted on the interior of the adult-oriented establishments at each entrance where customers or patrons enter the premises and adjacent to each stage that states, in letters at least two inches high. TOUCHING OR TIPPING AN EMPLOYEE WHO IS IN A STATE OF NUDITY IS A VIOLATION OF § 110-14Q OF THE CODE OF THE TOWN OF LOWELL, PUNISHABLE BY A FORFEITURE OF UP TO $1,000. PATRONS SHALL REMAIN AT LEAST SIX FEET FROM ALL UNENCLOSED PERFORMANCE STAGES.
A.
An operator licensed under this article shall maintain a register
of all employees, showing the name and aliases used by the employee,
home address, birth date, sex, telephone numbers, social security
number, and date of employment and termination. The above information
on each employee shall be maintained in the register on the premises
of a period of three years following termination.
B.
The operator shall make the register of employees available immediately
for inspection by law enforcement officers upon demand of a member
of a law enforcement agency at all reasonable times.
C.
Every act or omission by an employee constituting a violation of
the provisions of this article shall be deemed the act or omission
of the operator if such act or omission occurs either with the authorization,
knowledge, or approval of the operator, or as result of the operator's
negligent failure to supervise the employee's conduct, and the
operator shall be punishable for such act or omission in the same
manner as if the operator committed the act or caused the omission.
D.
Any act or omission of any employee constituting a violation of the
provisions of this article shall be deemed the act or omission of
the operator for purposes of determining whether the operator's license
shall be revoked, suspended, or renewed.
E.
No employee of an adult-oriented establishment shall allow any minor
to loiter around or to frequent an adult-oriented establishment or
to allow any minor to view sexually explicit, live adult entertainment
or materials containing depictions of specified sexual activities
or specified anatomical areas as defined herein.
F.
The operator shall maintain the premises in a clean and sanitary
manner at all times.
G.
The operator shall ensure compliance of the establishment and its
patrons with the provisions of this article.
H.
The operator shall ensure there is conspicuously posted inside each
booth, room or cubicle an unmutilated and undefaced sign or poster
supplied by the Town which contains information regarding sexually
transmitted diseases and the telephone numbers from which additional
information can be sought.
I.
The operator shall ensure there is conspicuously displayed at a place
near the main entrance of the establishment, or portion thereof, any
information, brochures, or pamphlets supplied by the Town pertaining
to sexually transmitted diseases.
J.
The operator shall ensure there are posted regulations concerning
booth occupancy on signs, with lettering at least one inch high, that
are placed in conspicuous areas of the establishment and in each of
the booths, rooms or cubicles.
K.
The Town shall charge its reasonable costs for supplying such posters,
brochures, pamphlets and other information required under this article.
L.
No alcohol beverage may be served or permitted on the premises.
M.
No sexual activity of any kind shall be permitted on the premises.
N.
The operator shall ensure compliance of the adult-oriented establishment
and its patrons with the provisions of this section.
O.
No person licensed as an adult-oriented establishment may, in any
manner, advertise its establishment as licensed by the Town.
P.
No operator or employee shall knowingly allow another to appear in
a state of nudity, unless the person is an employee of the operator's
establishment who, while in a state of partial or total nudity, is
on a stage (on which no customer or patron is present) at least 18
inches above the floor, and such employee is either:
(1)
At least six feet from any customer or patron; or
(2)
Physically separated from patrons by a wall or partition composed
of solid glass or light-transmitting plastic or substantially equivalent
material extending from the floor of the performance stage to at least
five feet above the level of the performance stage, but such that
there are no openings in the wall or partition that would permit physical
contact between customers or patrons and such employee.
Q.
No employee, while in state of partial or total nudity on the premises
of an adult-oriented establishment shall receive directly any pay
or gratuity from any patron or customer and no patron or customer
shall pay or give any gratuity directly to any employee while that
employee is in a state of partial or complete nudity in an adult-oriented
establishment. Such gratuity or pay may be provided to such employee
through a tip receptacle, located more than six feet from the nearest
point of the performance stage where such employee is in a state of
partial or complete nudity, or may be paid to an employee that is
not in a state of partial or complete nudity, as part of the customer's
bill.
R.
No employee of an adult-oriented establishment while on the premises
shall, while in a state of partial or complete nudity, touch a customer
or patron or the clothing of a customer or patron.
S.
No customer or patron of an adult-oriented establishment shall touch
an employee appearing in a state of partial or complete nudity or
touch the clothing of the employee which such employee is on the premises.
T.
Employees shall maintain a minimum distance of five feet from areas
on the adult-oriented establishment's premises being occupied
by customers for a minimum of one hour after such employee appears
in a state of partial or complete nudity on the establishment's
premises. This regulation is not intended to prohibit ingress or egress
from the premises or the employee's use of a common restroom.
It is, however, intended to control illicit sexual contact and reduce
the incidents of prostitution occurring in any adult-oriented establishment.
Regulating a reasonable delay between the times entertainers appear
in a state of partial or complete nudity and their commingling with
customers is a narrowly tailored furtherance of this interest.
U.
No adult-oriented establishment shall be open between the hours of
2:00 a.m. and 8:00 a.m. on weekdays or between the hours of 3:00 a.m.
to 12:00 noon on Sundays.
V.
All adult-oriented establishments shall be open to inspection at
all reasonable times law enforcement personnel and the Building Inspector.
A.
All operators, employees, and independent contractors working in
any adult-oriented establishment hereunder shall, prior to beginning
employment or contracted duties, register with the Town Clerk. Such
registration shall include the following:
B.
Upon registration, the Town will provide to each registered employee
an identification card containing the employee's photograph,
identifying the employee as such, which shall be kept available for
production upon request of all inspecting officers while on duty at
such adult-oriented establishment.
C.
All registrations hereunder are valid for a period of one year.
D.
The registration fee as prescribed in accordance with the Town Board's
current Fee Schedule shall be paid per registration, which shall be
paid to the Town to cover costs of the identification card.
The provisions of this section relating to the licensing of
adult-oriented establishments shall not apply to:
A.
Any business operated by or employing a licensed psychologist, licensed
physical therapist, licensed masseuse, licensed vocational nurse,
registered nurse, licensed athletic trainer, licensed cosmetologist,
or licensed barber, provided such licensed individual is only engaged
in performing the normal and customary functions authorized under
the license held;
B.
Any business operated by or employing a licensed physician or licensed
chiropractor while engaged in practicing the healing arts;
C.
Any retail establishment whose principal business in the offering
of wearing apparel for sale to customers and that does not exhibit
merchandise on live models(s); or
D.
Educational activities.
(1)
An activity sponsored by:
(a)
A school licensed by the State of Wisconsin or a college, junior
college or university supported entirely or partly by taxation; or
(b)
A private college or university that maintains or operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation.
(2)
Any activity conducted or sponsored by an entity identified in this Subsection D must meet all of the following requirements:
(a)
The activity must be situated in a structure that has no sign
or other advertising visible from the exterior of the structure, indicating
a nude person is available for viewing; and
(b)
In order to participate in a class, a student must enroll at
least three days in advance of the class; and
(c)
No more than one nude model is on the premises at any one time.
In addition to any other actions allowed by law or taken by
the Town Board, including the action of license revocation, suspension
or nonrenewal, anyone who violates any of the provisions of this article
shall forfeit not less than $250, but not more than $2,000, for each
and every offense, together with the costs of prosecution. If such
forfeiture and costs are not paid, such person so convicted shall
be subject to any civil penalties or other penalties available by
law.
A.
In general. Any license granted herein may be revoked, suspended,
or not renewed by the Town Board as follows:
(1)
If the applicant has made or recorded any statement required by this
section, knowing it to be false or fraudulent or intentionally deceptive;
(2)
For the violation of any provision of this article, except for establishment
license matters involving a violation of Building Codes; in such case,
the license shall be revoked after the second conviction thereof in
any license year;
(3)
After one conviction of any establishment personnel of an offense
under Ch. 944, Wis. Stats., or of an offense against the person or
property of a patron of the property or of an offense involving substances
defined in § 961.01, Wis. Stats., where there is shown the
participation or knowledge of any other establishment personnel or
of any individual within the business structure of the applicant.
(4)
If the licensee, operator or employer becomes ineligible to obtain
a license.
(5)
If an operator employs an employee who does not have a permit or
provides space on the premises, whether by lease or otherwise, to
an independent contractor who performs or works as an entertainer
without being registered with the Town Clerk.
(6)
If any cost or fee required to be paid by this section is not paid.
(7)
If any intoxicating liquor or fermented malt beverage, narcotic or
controlled substance is served or consumed on the premises of the
adult-oriented establishment.
(8)
If any operator, employee or entertainer sells, furnishes, gives
or displays, or causes to be sold, furnished, given or displayed to
any minor any material depicting specified sexual activities or specified
anatomical areas.
B.
Notice of hearing. No license shall be revoked, suspended, or not
renewed by the Town Board except upon due notice and bearing to determine
whether grounds for such action exist. Such hearing shall be held
before the Town Board. Notice of such hearing shall be in writing
and shall state the grounds of the complaint against the licensee.
The notice shall be served upon the licensee at least 15 days prior
to the date of the hearing and shall state the time and place thereof.
C.
Hearing. The licensee shall be entitled to be heard, to be represented
by counsel, to cross-examine opposing witnesses, to present witnesses
on his or her own behalf under subpoena by the Town Board if such
is required, and the hearing may be stenographically recorded at the
licensee's option and expense. At the conclusion of such hearing,
the Town Board shall prepare findings of fact and conclusions as to
what, if any, action the Town Board will take with respect to the
license. The Town Board shall provide the complainant and licensee
with a copy of the report.
