The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context indicates a different meaning:
ADULT BOOKSTORE
An establishment:
A.
Which has a facility or facilities for the presentation of "adult
entertainment," as defined in this section, including adult-oriented
films, computer video, movies or live performances for observation
by patrons therein; or
B.
Having as a substantial or significant portion of its stock
in trade, for sale, rent, trade, lease, inspection or viewing, books,
films, videocassettes, DVDs, or 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 in this section.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
which features:
A.
Live performances which are characterized or distinguished by
the exposure of specified anatomical areas or the removal of articles
of clothing; or
B.
Films, motion pictures, videocassettes, video reproductions,
slides or other visual representations which are distinguished or
characterized by depicting or describing specified anatomical areas
or specified sexual activities.
ADULT ENTERTAINMENT
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.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons
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
for observation by patrons therein.
ADULT MODELING STUDIO
Any establishment or business where individuals pay money
or other consideration to observe, sketch, draw, paint, sculpt or
photograph a person who displays his or her specified anatomical areas.
Adult modeling studios shall not include a proprietary school licensed
by the state or a college, technical college, or university; or adult
modeling in a structure:
A.
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person
is available for viewing;
B.
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
C.
Where no more than one nude or seminude model is on the premises
at any one time.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
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 therein.
ADULT NOVELTY SHOP
An establishment or business having as a substantial or significant
portion of its stock and trade in novelty or other items which are
distinguished or characterized by their emphasis on or design for
specified sexual activity or stimulating such activity.
ADULT-ORIENTED ESTABLISHMENT
Any premises including, but not limited to, adult bookstores,
adult motion-picture theaters, adult mini motion-picture establishments,
adult modeling studios, adult novelty shops, or adult cabarets. It
further means any premises to which public patrons or members are
invited or admitted and 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. The term "adult-oriented establishment"
further includes any establishment open to the public upon the premises
of which is conducted an enterprise having as its dominant theme or
which is distinguished or characterized by an emphasis on any actual
or simulated specified sexual activities or specified anatomical areas
as herein defined.
BOOTHS, CUBICLES, ROOMS, COMPARTMENTS and STALLS
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 adult entertainment to be viewed within the enclosure. This shall include, without limitation, such enclosures wherein the adult entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. However, the terms "booth," "cubicle," "room," "compartment" and "stall" do 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 adult entertainment for a fee, and are not open to any persons other than employees; nor shall this definition apply to hotels, motels or other similar establishments licensed by the state pursuant to Ch.
50, Wis. Stats.
NUDITY
The appearance of the human bare anus, anal cleft or cleavage,
pubic area, male genitals, female genitals, or the nipple or areola
of the female breast, with less than a fully opaque covering; or showing
of the covered male genitals in a discernibly turgid state.
OPERATORS
Any person, partnership, or corporation 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 breasts below the 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.
To receive a license as an entertainer at or manager of an adult-oriented
establishment, an applicant must meet the following standards:
A. The applicant must be at least 18 years of age.
B. The applicant shall not have been found to have previously violated
any adult establishment law, ordinance, or resolution from any U.S.
state or municipality within five years immediately preceding the
date of the application.
A license fee as established by resolution of the Council from
time to time shall be submitted with the application for a business
or entertainer/employee license, respectively. If the application
is denied, 1/2 of the fee shall be returned.
The business license shall be displayed in a conspicuous public
place in the adult-oriented establishment.
Any person who shall violate any provisions of this chapter or who shall fail to obtain a license or permit as required hereunder shall be subject to penalty as provided in §
1-4 of this City Code for each offense.
If any section, subsection, or clause of this chapter shall
be deemed to be unconstitutional or otherwise invalid, the validity
of the remaining sections, subsections, and clauses shall not be affected.