[HISTORY: Adopted by the Town Board of the Town of Ottawa as § 12.07 of the 1987 Code. Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases shall mean:
ADULT BOOKSTORE
An establishment having as its stock-in-trade, for sale, rent, lease, inspection or viewing, books, films, videocassettes, magazines, other periodicals or toys or other novelties which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas, as defined below, and in conjunction therewith having facilities for the presentation of adult entertainment, as defined below, including adult-oriented films, movies or live performances, for observation by patrons therein.
ADULT CABARET
A cabaret which features topless dancers, strippers, male or female impersonators, or similar entertainers.
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, as defined below, or the removal of articles of clothing or appearing partially or totally nude.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of fewer 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, as defined below, for observation by patrons therein.
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-ORIENTED ESTABLISHMENT
Shall include, but is not limited to, adult bookstores, adult motion picture theaters, adult mini motion-picture theater, 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-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.
OPERATOR
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
Means 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.
TOWN BOARD
The Town Board for the Town of Ottawa, Wisconsin.
A. 
Except as provided in Subsection D below, from and after the effective date of this chapter, no adult-oriented establishment shall be operated or maintained in the Town of Ottawa without first obtaining a license to operate issued by the Town of Ottawa.
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 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. 
Any person, partnership or corporation desiring to secure a 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 promptly by the Town Clerk to the Waukesha County Sheriff's Department and to the applicant.
B. 
The application for a license shall be upon a form provided by the Town Clerk. An applicant for a license shall furnish the following information under oath:
(1) 
Name and address.
(2) 
Written proof that the individual is at least 18 years of age.
(3) 
The address of the adult-oriented establishment to be operated by the applicant.
(4) 
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 said corporation and all officers and directors of the corporation.
C. 
Within 21 days of receiving an application for a license, the Town Clerk shall notify the applicant whether the application is granted or denied.
D. 
Whenever an application is denied, the Town Clerk shall 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 within 10 days thereafter before the Town Board, as hereinafter provided.
E. 
Failure or refusal of the applicant to give any information relevant to 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 regard to any information 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.
To receive a license to operate an adult-oriented establishment, an applicant 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 chapter within five years immediately preceding the date of the application.
B. 
If the applicant is a corporation:
(1) 
All officers, directors and stockholders required to be named under § 100-3B shall be at least 18 years of age.
(2) 
No officer, director, or stockholder required to be named under § 100-3B shall have been found to have previously violated this chapter 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 having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age.
(2) 
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.
A license fee of $250 shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Every license issued pursuant to this chapter will terminate at the expiration of one year from date of issuance, 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 promptly by the Town Clerk to the Waukesha County Sheriff's Department and to the operator. 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 of $250 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100 shall be assessed against any applicant who files for a renewal less than 60 days before the license expires. If the application is denied, 1/2 of the total fees collected shall be returned.
C. 
If the Waukesha County Sheriff's Department is aware of any information bearing on the operator's qualifications, that information shall be filed, in writing, with the Town Clerk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The Town Board shall 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 violates any provision of this chapter or any rule or regulation adopted by the Town pursuant to this chapter; 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 30 days if the Town Board 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 chapter 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 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, as hereinafter provided.
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 or 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.
Any adult-oriented establishment having available for customers, patrons or members any booth, room or cubicle for the private viewing of any adult entertainment 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 or cubicles and any non-public areas by a wall.
(2) 
Each booth, room or cubicle shall 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.
(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, non-absorbent, smooth textured and easily cleanable.
(4) 
The floor must be light colored, non-absorbent, 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 or litter while in the booth. No individual 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 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 the omission.
B. 
Any act or omission of any employee constituting a violation of the provisions of this chapter 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.
C. 
No employees 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 ensure compliance of the establishment and its patrons with the provisions of this chapter.
The Ottawa Municipal Code and state law shall govern the administrative procedure and review regarding the granting, denial, renewal, non-renewal, revocation or suspension of a license.
All private schools, and public schools, as defined in Chapter 115, Wisconsin Statutes, located within the Town of Ottawa are exempt from obtaining a license hereunder when instructing pupils in sex education as part of their curriculum.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who shall violate any provisions of this chapter or who shall fail to obtain a license as required hereunder shall be subject to penalty as provided in § 1-4 of the Ottawa Municipal Code.