[HISTORY: Adopted by the Village Board of the Village of
Mishicot 6-20-2017 (Ch. 26 of
the former Municipal Code). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Village Board 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 Village Board, 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 Village Board 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.
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 Village
of Mishicot. 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.
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 such businesses have 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.
Sexually oriented businesses may encourage, support and facilitate
prohibited secondary sexual activities such as prostitution.
E.
The consumption of alcohol beverages on the premises of sexually
oriented businesses exacerbates the negative secondary effects of
such businesses on the community.
F.
There is an increase in the potential for infiltration by organized
crime for the purposes of unlawful conduct.
G.
In making these findings, the Village Board 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, Ph.D., and
Lori Sexton, M.A., 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.
The following terms shall have the following meanings:
A nightclub, dance hall, bar, restaurant or similar commercial
establishment that regularly features:
Persons who appear in a state of nudity or seminudity; or
Live performances that are characterized by specified sexual
activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions that are characterized by the depiction or description
of specified sexual activity or nudity or specified anatomical areas.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
An adult arcade, adult bookstore, adult cabaret, adult motion-picture
theater, adult theater, or 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.
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 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.
Any person who appears in a sexually oriented business in a
state of nudity or seminudity in a sexually oriented performance;
or
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any person who engages in live performances that are characterized
by specified sexual activities or the exposure of specified anatomical
areas.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
The addition of any sexually oriented business to any other
existing sexually oriented business.
The relocation of any sexually oriented business.
A sexually oriented business or premises on which the sexually
oriented business is located.
The exposure of any specified anatomical areas as defined
in this chapter.
The person on the premises who is responsible for the control
and management of the sexually oriented business.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
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.
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.
Recurring on a basis which is frequently, customarily or
typically a part of the ongoing scheduled activities of the establishment.
The exposure of the nipples or areolas of the female breast
less than completely and opaquely covered.
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.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts, whether covered or uncovered.
Sex acts, actual or simulated, including intercourse, oral copulation,
sodomy, masturbation, necrophilia, sadomasochistic abuse, fellatio
or cunnilingus.
Showing human genitals in a state of sexual stimulation or arousal.
A.
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.
B.
The sale, use or consumption of alcohol beverages on the premises
of a sexually oriented business is prohibited.
C.
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.
D.
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:
E.
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.
F.
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.
G.
Signs posted. All premises governed by this chapter shall be required
to post signs which state: "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."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
H.
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.
I.
No person, employee, entertainer or patron shall appear in a state
of nudity on the premises of any sexually oriented business.
J.
No person, employee, entertainer or patron shall participate or engage
in any specified sexual activity on the premises of any sexually oriented
business.
K.
No person, employee, entertainer or patron shall display any specified
anatomical area on the premises of a sexually oriented business.
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 § 115-4. In all other respects they shall comply with the applicable provisions of Chapter 395, Zoning, of this Code.
All entertainers as defined in § 115-4 shall register with the Village of Mishicot Police Department before engaging in employment or performing in the Village of Mishicot. 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.
A.
In this section, "adult entertainment business" includes but is not limited to an adult cabaret and adult establishment as defined in § 115-4.
B.
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.
C.
No adult entertainment business shall be permitted within 500 feet
of any land zoned for residential use.
D.
No adult entertainment business shall be permitted within 500 feet
of 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.
E.
No adult entertainment business shall be permitted within 500 feet
of any public park or Village-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 Village of Mishicot.
F.
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 through E.
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.
A.
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 Village by way of civil abatement procedures.
B.
Any person, partnership or corporation who or which violates any provision of this chapter shall be subject to a penalty as set forth in § 1-2 of the Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues to occur.
[Amended 3-7-2023 by Ord. No. 2023-04]
C.
Violation of this chapter constitutes sufficient grounds for suspending,
revoking or nonrenewing an alcohol beverage license under § 125.12,
Wis. Stats.
