[HISTORY: Adopted by the Town Board of the Town of Seymour 11-9-2017 as Ch. 20 of the 2017 Code.
Amendments noted where applicable.]
A.
Adult-oriented establishments require special supervision in order
to protect and preserve the health, safety, and welfare of the patrons
of such establishments as well as the citizens of the Town.
B.
The Town Board finds that adult-oriented establishments may be used
for unlawful sexual activities, including prostitution, as well as
sexual liaisons of a casual nature.
C.
It has been found in Milwaukee and Kenosha Counties, Wisconsin; Chattanooga,
Tennessee; Newport News, Virginia; and Marion County, Indiana, to
name a few locales, that the viewing booths in adult-oriented establishments
have been and are being used by patrons for engaging in sexual acts,
particularly between males, including but not limited to intercourse,
sodomy, oral copulation and masturbation, resulting in unsafe and
unsanitary conditions in said booths.
D.
Acquired immunodeficiency syndrome (AIDS) is a sexually transmitted
disease that destroys the body's immune system and has no known
cure. Statistics from the State of Wisconsin have indicated an increase
in the number of AIDS cases in the state. The concern over sexually
transmitted diseases is a legitimate health concern of the Town that
demands reasonable regulation of adult-oriented establishments in
order to protect the health and well-being of the Town.
E.
Licensing is a legitimate means of accountability to ensure that
operators of adult-oriented establishments comply with reasonable
regulations and to ensure that operators do not knowingly allow their
establishments to be used as places of illegal sexual activity or
solicitation.
F.
Adult-oriented establishments, because of their very nature, have
a deleterious effect on both the existing establishments around them
and the surrounding residential areas adjacent to them.
G.
Adult-oriented establishments, due to their very nature, have serious
objectionable operational characteristics, particularly when they
are located in proximity to each other, thereby contributing to blight
and downgrading the quality of life in the adjacent area.
H.
The Town Board wants to prevent these adverse effects and thereby
protect the health, safety, and welfare of Town residents; protect
residents from increased crime; preserve the quality of life; preserve
the property values and character of the surrounding neighborhoods;
and deter the spread of blight.
I.
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
that addresses the secondary effects of adult-oriented establishments
as well as the health problems associated with such establishments.
J.
It is not the intent of the Town Board to condone or legitimize the
distribution of obscene materials, and the Town Board recognizes that
state and federal laws prohibit the distribution of obscene materials
and expects and encourages state enforcement officials to enforce
state and federal obscenity statutes against any such illegal activities
in the Town of Seymour, Outagamie County, Wisconsin.
The Town Board has the specific authority, powers, and duties
pursuant to adoption of its powers under § 60.10, Wis. Stats.,
to regulate and control certain uses, activities, establishments and
operations in the Town of Seymour.
For purposes of this chapter, the following definitions apply:
An establishment that has a facility or facilities, including
but not limited to booths, cubicles, rooms or stalls, for the presentation
of adult entertainment, including adult-oriented films, movies, or
live performances, for observation by patrons therein or an establishment
having a substantial or significant portion of its stock-in-trade
for sale, rent, trade, lease, inspection, or viewing of books, films,
videocassettes, magazines, or other periodicals which are distinguished
or characterized by their emphasis on matters depicting, describing,
or relating to specified anatomical areas or specified sexual activities
as defined below.
Any commercial premises, including any cabaret premises,
to which any member of the public is invited or admitted and where
an entertainer provides live adult entertainment to any member of
the public. For the purposes of this chapter, "cabaret" means any
room, place or space whatsoever in the Town in which any music, singing,
dancing, or other similar entertainment is permitted in connection
with any hotel, restaurant, cafe, club, tavern, or eating place directly
selling, serving, or providing the public, with or without charge,
food or beverages (whether or not alcoholic beverages). "Employee"
means any and all persons, including managers, entertainers, and independent
contractors, who work in or at or render any services directly related
to the operation of any adult cabaret.
Any exhibition of any motion picture, 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 or specified anatomical areas as defined below.
An enclosed building used for presenting material 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 as defined below for observation
by patrons of the building.
Includes, without limitation, adult bookstores, adult cabarets
and adult motion-picture theaters. It 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-oriented motion pictures, or wherein
an entertainer provides adult entertainment to a member of the public,
a patron, or a member, whether or not such adult entertainment is
held, conducted, operated, or maintained for a profit, direct or indirect.
"Adult-oriented establishment" further includes, without limitation,
any premises physically arranged and used as such whether advertised
or represented as an adult entertainment studio, rap studio, exotic
dance studio, encounter studio, sensitivity studio, modeling studio,
or any other term of like import.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Enclosures that 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.
This 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," "cubicle," "room,"
"compartment," or "stall" 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 person other than employees, nor shall this
definition apply to hotels, motels, or other similar establishments
licensed by the State of Wisconsin pursuant to Wisconsin law.
Any person, partnership, or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
Less than completely and opaquely covered human genitals,
pubic region, buttocks, female breasts below the point immediately
above the top of the areola, or human male genitals in a discernible
turgid state, even if opaquely covered.
Simulated or actual:
A.
License. Except as provided below, from and after the effective date
of this chapter, no adult-oriented establishment shall be operated
or maintained in the Town without first obtaining a license to operate
issued by the Town Board. A license may be issued only for one adult-oriented
establishment located at a fixed and certain location. Any person
who desires to operate more than one adult-oriented establishment
must have a license for each. No license or interest in a license
may be transferred to any person. All adult-oriented establishments
existing at the time of the passage of this chapter must submit an
application for a license within 90 days of the passage of this chapter.
A license fee in accordance with the Town Board's current fee
schedule shall be submitted with the application for a license. If
the application is denied, 1/2 of the fee shall be returned. A license
renewal fee in accordance with the Town Board's current fee schedule
shall be submitted with the application for renewal. A license must
be renewed every year.
B.
Application for license. Any person desiring to secure a license
shall make application to the Town Clerk. The applicant for a license
shall furnish the following information under oath:
(1)
The name and address of the intended operator;
(2)
The name and address of the owner of the premises if different from
the operator;
(3)
The name and address of the adult-oriented establishment to be operated
by the applicant;
(4)
Written proof that the individual is at least 18 years of age;
(5)
The address of the adult-oriented establishment to be operated by
the applicant;
(6)
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
the name and address of the registered agents, and the name and address
of all shareholders owning more than 5% of the stock in such corporation
and all officers and directors of the corporation;
(7)
If the establishment is in operation, the date on which the owner
acquired the establishment for which the license is sought and the
date on which the establishment began operations as an adult-oriented
business at the location for which the license is sought;
(8)
If the establishment is a corporation, a certified copy of the articles
of incorporation and a certified copy of a certificate of good standing
disclosing that the corporation is authorized to transact business
in the State of Wisconsin;
(9)
Proof of the current fee ownership of the tract of land on which
the establishment is to be situated in the form of a copy of a recorded
deed; and
(10)
If the operator is not the fee owner of the tract of land, then
the lease, purchase contract, purchase option contract, lease option
contract, or other documents evidencing the legally enforceable right
of the owners or proposed owners of the establishment to have or obtain
the use and possession of the tract of land for the establishment.
C.
Issuance of license. The Town shall approve the issuance of a license
to the applicant within 45 days after receipt of the application unless
the Town finds one or more of the following to be true:
(1)
The applicant is under 18 years of age;
(2)
The applicant or the applicant's spouse is overdue in the payment
of Town taxes, fines, or penalties assessed against the applicant
or imposed upon the applicant in relation to an adult-oriented establishment;
(3)
The applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application;
(4)
The applicant is residing with a person who has been denied a license
by the Town to operate an adult-oriented establishment within the
preceding 12 months, or residing with a person whose license to operate
an adult-oriented establishment has been revoked within the preceding
12 months;
(5)
The premises to be used have not been approved by the Building Inspector,
Fire Department, or any other local, state or federal official as
being in compliance with applicable laws, regulations and ordinances;
(6)
The fee required by this chapter has not been paid; or
D.
Hearing. The Town Board, before revoking or suspending any license,
shall give the operator at least 10 days' written notice of the
charges against him and the opportunity for a public hearing before
the Town Board or its designated committee.
E.
Transfer. The transfer of a license or any interest therein shall
automatically and immediately revoke the license.
F.
Inspection. Any applicant or licensee shall permit representatives
of the County Sheriff's Department, County Health Department, Town
Fire Department, Building Inspector, or other Town or state departments
or agencies to inspect the premises of an adult-oriented establishment
for the purpose of ensuring compliance with this chapter and all relevant
state and federal laws.
A.
Exterior. It shall be unlawful for an owner or operator of an adult-oriented
establishment:
(1)
To allow the merchandise or activities of the establishment to be
visible from a point outside the establishment.
(2)
To allow the exterior portion of the adult-oriented establishment
to have flashing lights or any words, lettering, photographs, silhouettes,
drawings, or pictorial representations of any manner except to the
extent permitted by this chapter.
(3)
To allow exterior portions of the establishment to be painted in
a color other than a single color.
B.
Signage. The operator shall comply with the sign regulations in the
Outagamie County Zoning Ordinance. In addition, the display surfaces
of the sign shall not contain any flashing lights or photographs,
silhouettes, drawings, or pictorial representations of any manner,
except for the name of the enterprise.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Booth/room/cubicle. Any adult-oriented establishment having available
for customers, patrons, or members a booth, room or cubicle for the
private viewing of any adult entertainment must comply with the following
requirements:
(1)
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.
(2)
Every booth, room, or cubicle shall meet the following construction
requirements:
(a)
Each booth, room or cubicle shall be separated from adjacent booths,
rooms, or cubicles and any non-public areas by a wall.
(b)
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
the same.
(c)
All walls shall be solid and without any openings, extended from
floor to a height of not less than six feet, and be light colored,
nonabsorbent, smooth textured and easily cleanable.
(d)
The floor must be light colored, nonabsorbent, smooth textured and
easily cleanable.
(e)
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.
(3)
Only one individual shall occupy a booth, room, or cubicle at any
time. No occupants shall engage in any type of sexual activity, cause
any bodily discharge, or litter while in the booth. No individual
shall damage or deface any portion of the booth.
D.
Responsibilities of the operator. Every act or omission by an employee
constituting a violation of the provisions of this chapter 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 a 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 by omission.
E.
Minors. It shall be unlawful to allow a person who is younger than
18 years of age to enter or be on the premises of an adult-oriented
establishment at any time that the establishment is open for business.
The operator must ensure that an attendant is stationed at each public
entrance at all times during regular business hours. The attendant
shall prohibit any person under the age of 18 from entering the establishment.
It shall be presumed that an attendant knew a person was under the
age of 18 unless such attendant asked for and was furnished either
a valid operator's driver's license or a valid personal identification
certificate issued by a state reflecting that the person is 18 years
of age or older.
F.
Hours. An adult-oriented establishment may remain open for business
no longer than the hours from between 10:00 a.m. and 12:00 midnight,
seven days a week.
Adult-oriented establishments are permitted in any Local Commercial
District provided that the establishment may not be operated within
2,000 feet of:
For the purpose of this chapter, measurement shall be made in
a straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as part
of the premises where an adult-oriented establishment is conducted
to the nearest property line of the premises of a church, synagogue,
regular place of worship, or public or private elementary or secondary
school, or to the nearest boundary of an affected public park, residential
district, or residential lot, or licensed day-care center. The distance
between any two adult-oriented businesses shall be measured in a straight
line, without regard to intervening structures or objects, from the
closest exterior wall of the structure in which such business is located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any business lawfully operating on the effective date of this
chapter that is in violation of the locational or structural configuration
requirements of this chapter shall be deemed a nonconforming use.
The nonconforming use will be permitted to continue for a period of
not to exceed two years, unless sooner terminated for any reason or
voluntarily discontinued for a period of 30 days or more. Such nonconforming
uses shall not be increased, enlarged, extended or altered, except
that the use may be changed to a conforming use. The nonconforming
use is required to submit an application for a license and otherwise
comply with the requirements of this chapter.
The following standards of conduct must be adhered to by employees
of any adult cabaret while in any area in which members of the public
are allowed to be present:
A.
No employee or entertainer shall be unclothed or in such less than
opaque and complete attire, costume or clothing so as to expose to
view any portion of the female breast below the top of the areola
or any portion of the pubic region, anus, buttocks, vulva, or genitals,
except upon a stage at least 18 inches above the immediate floor level
and removed at least six feet from the nearest member of the public.
B.
No employee or entertainer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in Subsection A above, nor shall any male employee or entertainer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same.
C.
No employee or entertainer shall caress, fondle, or erotically touch
any member of the public. No employee or entertainer shall encourage
or permit any member of the public to caress, fondle or erotically
touch any employee or entertainer.
D.
No employee or entertainer mingling with members of the public shall
conduct any dance, performance or exhibition in or about the non-stage
area of the adult cabaret unless that dance, performance, or exhibition
is performed at a distance of no less than six feet from any member
of the public.
E.
No tip or gratuity offered to or accepted by an adult entertainer
may be offered or accepted prior to any performance, dance or exhibition
provided by the entertainer. No entertainer performing upon any stage
area shall be permitted to accept any form of gratuity offered directly
to the entertainer by any member of the public. Any gratuity offered
to any entertainer performing upon any stage area must be placed into
a receptacle provided for receipt of gratuities by the adult cabaret
or provided through a manager on duty on the premises. Any gratuity
or tip offered to any adult entertainer conducting any performance,
dance or exhibition in or about the non-stage area of the adult cabaret
shall be placed into the hand of the adult entertainer or into a receptacle
provided by the adult entertainer, and not upon the person or into
the clothing of the adult entertainer.
F.
No member of the public shall be permitted at any time to enter into
any of the non-public portions of the adult cabaret, which shall include
but are not limited to the dressing rooms of the entertainers or other
rooms provided for the benefit of employees and the kitchen and storage
areas, except that persons who in the ordinary course of business
deliver goods, materials, food or beverages or perform maintenance
or repairs to the premises or equipment on the premises may be permitted
into non-public areas to the extent required to perform their job
duties.
The following specifications shall apply to all adult cabarets
located in the Town of Seymour:
A.
The performance area of the adult cabaret where adult entertainment
is provided shall be a stage or platform at least 18 inches in elevation
above the level of the patron seating areas and shall be separated
by a distance of at least six feet from all areas of the premises
to which members of the public have access. A continuous railing at
least three feet in height and located at least six feet from all
points of the performance area shall separate the performance area
and the patron seating areas. The stage and the entire interior portion
of cubicles, rooms or stalls wherein adult entertainment is provided
must be visible from the common areas of the premises. Visibility
shall not be blocked or obstructed by doors, curtains, drapes or any
other obstruction whatsoever.
B.
Sufficient lighting shall be provided and equally distributed throughout
the public areas of the premises so that all objects are plainly visible
at all times. A minimum lighting level of 30 lux horizontal, measured
at 30 inches from the floor and on ten-foot centers, is hereby established
for all areas of the adult cabaret where members of the public are
admitted.
C.
A sign at least two feet by two feet with letters at least one inch
high shall be conspicuously displayed in the public area(s) of the
premises stating the following: This adult cabaret is regulated by
the Town of Seymour. Entertainers are:
In order to ensure compliance with this chapter, all areas of
adult cabarets that are open to members of the public shall be open
to inspection by Town agents and employees or law enforcement officers
during the hours when the premises are open for business. The purpose
of such inspections shall be to determine if the premises are operated
in accordance with the requirements of this chapter. It is hereby
expressly declared that unannounced inspections are necessary to assure
compliance with this chapter.
This chapter shall not be construed to prohibit:
Whether or not activity is obscene shall be judged by consideration
of the following factors:
A.
Whether the average person, applying contemporary community standards,
would find that the activity taken as a whole appeals to the prurient
interest in sex;
B.
Whether the activity depicts or describes in a patently offensive
way, as measured against community standards, sexual conduct as described
in this chapter; and
C.
Whether the activity taken as a whole lacks serious literary, artistic,
political, or scientific value.
A.
Penalties. Any person who fails to comply with any provisions of
this chapter shall be subject to a forfeiture of not less than $100
nor more than $1,000 and the costs of prosecution, including reasonable
attorney's fees, for each violation. Each day that a violation
exists or continues shall constitute a separate offense.
B.
Other remedies. In addition to other remedies, the Town reserves
the right to institute appropriate action or proceedings to prevent,
restrain, correct, or abate a violation of this chapter or to prevent
any illegal act, conduct, business, or use in or about the subject
premises.
A.
Interpretation.
The provisions of this chapter are considered minimum requirements.
Where the provisions of this chapter impose greater restrictions than
any statute or other regulation, the provisions of this chapter shall
apply. Where the provisions of any statute or other regulation impose
greater restrictions, the provisions of the statute or regulation
shall prevail.
B.
Severability.
If any provision of this chapter is declared invalid by a court of
competent jurisdiction, such decision shall not affect the validity
of this chapter in its entirety, or any part thereof, other than that
so declared to be invalid. The balance of this chapter not found invalid
shall be enforced.
C.
Rules
of construction. In the construction of this chapter references to
the male gender include the female, and references to the singular
include the plural. References to "person" or "persons" extend to
natural persons, firms, corporations, partnerships, limited liability
companies or other entities.
