[HISTORY: Adopted by the Common Council of the City of Neillsville 12-23-2002 by Ord. No. 994 (Title 9, Ch. 8, of the 1985 Code). Amendments noted where applicable.]
A. 
Any person who, within the City of Neillsville municipal limits, knowingly or intentionally, in a public place, commits public indecency by doing one of the following:
(1) 
Engaging in specified sexual activities, including, but not limited to, public passionate kissing or petting of a sexual nature;
(2) 
Displaying specified anatomical areas; or
(3) 
Appearing in a state of nudity.
B. 
In addition to any other actions allowed by law or taken by the Common Council, including the action of applicable license revocation or nonrenewal, anyone who violates any of the provisions of this article shall forfeit not less than $250, and not more than $2,000, for each offense, together with costs, and if such forfeiture and costs are not paid, such person so convicted shall be subject to such other penalties available by law.
A. 
This section applies only to premises offering live performances by persons appearing in a state displaying some portions of specified anatomical areas not covered by fully opaque coverings. Appearance in public in a state of nudity is prohibited by § 154-1.
B. 
No person shall open premises to the public offering live performances by persons appearing in a state of partial nudity displaying some portions of specified anatomical areas not covered by fully opaque coverings, whether such persons have paid for such performance or not.
C. 
No person, employee, entertainer or patron shall be permitted to have any physical contact with any entertainer on the premises during any performance. All performance shall only occur on a stage, or on a table that is elevated at least 18 inches above the immediate floor level and, to prevent actual physical contact between the entertainer and any other person, employee or patron, 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 the payment of a tip or gratuity.
A. 
Owners and keepers. No person shall keep or maintain or in any way be connected with, or contribute to the support of, any prostitution house or house of ill fame or shall knowingly own or be interested therein as proprietor or landlord thereof.
B. 
Prostitution. It shall be unlawful for any person to commit or offer or agree to commit a lewd act or an act of prostitution.
C. 
Frequenter. Any person engaging in prostitution or found at or frequenting either of the places described in this section shall be deemed a disorderly person and shall be subject to the penalty hereinafter provided.
In addition to any other actions allowed by law or taken by the Common Council, including the action of license revocation or nonrenewal, anyone who violates any of the provisions of this article shall be subject to a forfeiture as prescribed by § 1-5, 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. Citations may be issued to the license holder or to his/her employees, operators or agents.
[Amended 4-22-2008 by Ord. No. 1021]
As used in this article, the following terms shall have the meanings indicated:
ADULT BATH HOUSES
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 section
ADULT BODY PAINTING STUDIOS
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 article, the adult body painting studio shall not be deemed to include a tattoo parlor.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade, for sale, rent, lease, inspection or viewing books, films, video cassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or related to "specified anatomical areas" or "specified sexual activities," as defined below, or an establishment with a segment or section devoted to the sale, rental or display of such material.
ADULT CABARET
A cabaret which features dancers, strippers, male or female impersonators, or similar entertainers, performing or presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, any actual or simulated "specified sexual activities" or "specified anatomical areas" as defined below.
ADULT ENTERTAINMENT
Any exhibition of any motion pictures, live performances, 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.
ADULT MASSAGE PARLORS
A establishment or business with or without sleeping accommodations which provides services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the State of Wisconsin and which establishment provides for its patrons the opportunity to engage in "specified sexual activity" as defined in this section.
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 related to "specified sexual activities," or specified anatomical areas," as defined below, for observation by patrons therein.
ADULT MODELING STUDIOS
An establishment or business which provides the service of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.
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 including movies, tapes, videos, books, etc., which are distinguished or characterized by their emphasis on, or designed for, specified sexual activity as defined herein or stimulating such activity.
ADULT-ORIENTED ESTABLISHMENTS
Includes, but shall not be limited to, "adult motion-picture theaters," "adult mini motion-picture establishments," or "adult cabarets." 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 areas of the premises for the purpose 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.
ENTERTAINER
A dancer, stripper, impersonator or similar performer referred to in §§ 154-14 and 154-15.
OPERATORS
Any person, association, 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, perineum, buttocks, female breasts below the point immediately above the top of the areola;
B. 
Human male genitals in a discernible 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.
A. 
Except as provided in § 154-8 below, from and after the effective date of this article, no adult-oriented establishment shall be operated or maintained in the City of Neillsville without first obtaining a license to operate, issued by the City of Neillsville.
B. 
A license may be issued only for one adult-oriented establishment located at a fixed and certain place. 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.
D. 
All adult-oriented establishments existing at the time of the passage of this article must submit an application for a license within 90 days of the passage of this article. If an application is not received within said 90-day period, then such existing adult-oriented establishment shall cease operations.
E. 
No license shall be issued to or transferred to any person, partnership or corporation that has been licensed by the City to sell alcoholic beverages pursuant to Ch. 125, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Any person, partnership or corporation desiring to secure a license shall make application to the City Clerk. The application shall be filed in triplicate with and dated by the City Clerk. A copy of the application shall be distributed promptly to the City of Neillsville Police Department and the applicant.
B. 
The application for a license shall be upon a form provided by the City Clerk. An applicant for a license interested directly in the ownership or operation of the business shall furnish the following information under oath:
(1) 
Name and address;
(2) 
Written proof that the individual is a least 18 years of age;
(3) 
The exact nature of the adult-oriented use to be conducted and the address of the adult-oriented establishment to be operated by the applicant;
(4) 
If the applicant is a corporation, the applicant shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of any shareholder(s) who individually or jointly owns or controls more than 49% of the stock in said corporation and all persons responsible for the management and operation of the adult-oriented establishment;
(5) 
If the applicant is a partnership or joint venture or any other type of organization where two or more persons have a financial interest, the application shall specify the name of the entity, the name and address of any general partner(s) and all persons responsible for the management and operation of the adult-oriented establishment.
C. 
Within 60 days of receiving an application for a license, the City Clerk shall notify the applicant whether the application is granted or denied or being held for up to an additional 60 days, unless otherwise agreed to by the applicant.
D. 
Whenever an application is denied, the City Clerk shall advise the applicant in writing of the reasons for such action. If the applicant request a hearing within 10 days of receipt of notification of denial, a public hearing shall be held before the Common Council.
E. 
Failure or refusal of the applicant to give any information relevant to the investigation of the application or his/her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his/her refusal to submit to or cooperate with any investigation required by this article shall constitute an admission by the applicant that he/she is ineligible for such license and shall be grounds for denial thereof by the City Clerk.
To receive a license to operate an adult-oriented establishment, an application must meet the following standards.
A. 
If the applicant is an individual:
(1) 
The applicant shall be at least 18 years of age;
(2) 
The applicant shall not have been found to have previously violated this article or an ordinance of like terms in another jurisdiction or have been arrested or convicted for a violation for which licensure may be denied under § 111.335. Wis. Stats., within five years immediately preceding the date of the application.
B. 
If the applicant is a corporation:
(1) 
All persons required to be named under § 154-7B(4) shall be at least 18 years of age.
(2) 
No person required to be named under § 154-7B(4) shall have been found to have previously violated this section or an ordinance of like terms in another jurisdiction or have been arrested or convicted for a violation for which licensure may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
C. 
If the applicant is a partnership, joint venture or any other type of organization where two or more persons have a financial interest:
(1) 
All persons required to be named under § 154-7B(5) shall be at least 18 years of age.
(2) 
No person required to be named under § 154-7B(5) shall have been found to have previously violated this section or an ordinance of like terms in another jurisdiction or have been arrested or convicted for a violation for which licensure may be denied under § 111.335, Wis. Stats., within five years immediately preceding the date of the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A license fee in an amount as established from time to time by the Common Council shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned.
A. 
The license shall be displayed in a conspicuous public place in the adult-oriented establishment.
B. 
Any licenses of employees or agents that work in said establishment that relate to this license or establishment shall be displayed with the adult establishment license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Every license issued pursuant to this section will terminate at the expiration of one year from the date of issuance or the following June 30, whichever is earlier, unless sooner revoked, and must be renewed before operation is allowed in the following fiscal year. Any operator desiring to renew a license shall make application to the City Clerk. The application for renewal must be filed not later than 90 days before the license expires. The application for renewal shall be filed in triplicate and dated by the City Clerk. A copy of the application for renewal shall be distributed promptly to the City Clerk and to the City of Neillsville Police Department. The Clerk shall require complete information and data, given under oath or affirmation, as is required for an application for a new license.
B. 
A license renewal fee in an amount as set from time to time by the Common Council shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty in an amount as set from time to time by the Common Council shall be assessed against an applicant who files for a renewal less than 90 days before the license expires. If the application is denied, 1/2 of the total fees collected shall be returned.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The Common Council may revoke a license for any of the following reasons:
(1) 
Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
(2) 
The operator or any employee of the operator violated any provision of this section or any rule or regulation adopted by the Common Council pursuant to this section; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 60 days if the Common Council shall find that the operator had no actual or constructive knowledge of such violation and could not, by the exercise of due diligence, have had such actual or constructive knowledge.
(3) 
The operator becomes ineligible to obtain a license.
(4) 
Any cost or fee required to be paid by this section is not paid.
(5) 
Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult-oriented establishment.
B. 
The Common Council, before revoking or suspending any license or permit, shall give the operator at least 10 days' written notice of the charges against the operator, and the opportunity for a public hearing before the Common Council.
C. 
The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
D. 
Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location of premises for which a license has been issued shall be used as an adult-oriented establishment for six months from the date of revocation of the license.
A. 
Access. Each booth, room or cubicle shall be totally accessible to and from aisle 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 or cubicles and any non-public areas by a wall.
(2) 
Have a 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 10 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 sexual activity, cause any bodily discharge of litter while in the booth. No individuals shall damage or deface any portion of the booth.
A. 
Every act or omission by an employee constituting a violation of the provisions of this section 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 cause the omission.
B. 
Any act or omission of any employee constitutes a violation of the provisions of this section shall be deemed that act or omission of the operator for purpose of determining whether the operator's license shall be revoked, suspended or renewed.
C. 
No operator or employee of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or allow any minor to view adult entertainment as defined herein.
D. 
The operator shall maintain the premises in a clean and sanitary manner at all times.
E. 
The operator shall maintain at least 10 footcandles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles; provided, however, at no time shall there be less than one footcandle of illumination in said aisles, as measured from the floor.
F. 
The operator shall insure compliance of the establishment and its patrons with provisions of this section.
G. 
No operator shall suffer, allow or permit any employee or performer and no employee or performer shall intentionally touch the clothed or unclothed body of any patron or customer at the establishment premises, at any point below the neck and above the knee of the person, excluding that part of the person's arm below the wrist, commonly referred to as the hand. It shall further be unlawful for any patron or customer in or upon the establishment premises to touch any portion of the clothed or unclothed body of an operator, employee or performer below the neck and above the knee, excluding that part of the operator's, employee's or performer's arm below the wrist.
H. 
Display of ordinance. This Code article shall be displayed on the exterior of every licensed premises with such section to be clearly visible to patrons entering the premises from the outside and shall be posted within eight feet of any exterior entryway. This section shall also be placed in each room and any enclosed location or booth within an establishment licensed under this section. The Common Council may, by formal motion or resolution, authorize the posting of an abbreviated form of this article, so as to notify patrons, employees and operators of the regulations stated in this article. The exterior signs shall be in block letters, written in black on a white background surface, and be no less than one inch in size. The interior signs shall be of a similar type and color with a minimum height of 1/2 inch each. Upon application of the owner, abbreviated versions of this article may be posted or other amendments to this article may be approved, consistent with the intent of this section in keeping affected persons apprized of the requirements of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Any person desiring to provide entertainment in the City of Neillsville as an entertainer at any facility governed by this chapter or this article of this Code, before engaging in any such entertainment, shall register at the City of Neillsville Police Department and pay a fee in an amount as set from time to time by the Common Council. The individual shall provide full name and permanent address, date and place of birth, information concerning height, weight, hair and eye color, gender and race, two forms of identification with a least one form being photo identification confirming such information, fingerprints, stage name and booking agent, if any, accompanied by the fee. Such registration shall be valid for one year from date of registration, or if employed by an establishment holding a liquor license, on June 30 following issuance.
B. 
Upon registration, the Police Department will provide to each registered entertainer an identification card containing the individual's photograph. Upon request of any law enforcement officer, this identification card shall be made available for inspection at any time the individual is performing duties upon the premises. A duplicate original shall be displayed at the licensed premises.
C. 
No person shall permit entertainment by an individual subject to this article without prior registration as required in Subsection A above.
The provisions of Ch. 227, Wis. Stats., pertaining to contested cases shall govern the administrative procedure and review regarding the granting, denial, renewal, nonrenewal, revocation or suspension of a license.
All private schools, and public schools, as defined in Ch. 115, Wis. Stats., located within the City of Neillsville are exempt from obtaining a license hereunder when instructing pupils in professional nursing care or human growth and development as a part of its curriculum. All licensed medical care or professional nursing care facilities located within the City of Neillsville, and agents of the City of Neillsville and Clark County Health Department are exempt from obtaining a license hereunder when engaged in the providing of medical care or human growth and development education.
In addition to all other remedies available to the City in equity and under law, any person who shall violate any provision of this article or who shall fail to obtain a license or permit as required hereunder, or who shall operate after his/her license is revoked, shall be subject to penalty, on a per diem or per occurrence basis, as provided in § 1-5, the general penalty provisions of the City of Neillsville Code. Any violation of this article is deemed to be a public nuisance and the City may seek to enjoin or otherwise obtain relief and remedy for such violation in addition to any forfeiture action.
The several sections of this article are declared to be severable. If any subsection, provision, phrase, word or any portion of this article shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific subsection, word, phrase, provision or portion thereof directly specified in the decision, and not affect the validity of all other provision, words, subsections or portions thereof of the article, which shall remain in full force and effect.