[Adopted 8-5-1997 by Ord. No. 97-1461 as Sec. 10.31 of the 1997 Code]
As used in this article, the following terms shall have the meanings indicated:
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, except as is prohibited by § 183-52.
ADULT ENTERTAINMENT
Any exhibition of any motion pictures, 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, except as prohibited by § 183-52.
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," 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 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 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.
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 Subsection D below, from and after the effective date of this article, no adult-oriented establishment shall be operated or maintained in the City of Franklin without first obtaining a license to operate issued by the City of Franklin.
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 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 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 by the City Clerk to the Franklin Police Department and to 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 at 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 application 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 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 30 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 30 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 requests a hearing within 10 days of receipt of notification of denial, a public hearing shall be held before the Common Council, pursuant to § 183-11.
E. 
Failure or refusal of the applicant to give any information relevant to the investigation of 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 any investigation required by this article 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 City 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 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 § 183-3B(4) shall be at least 18 years of age.
(2) 
No person required to be named under § 183-3B(4) shall 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.
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 § 183-3B(5) shall be at least 18 years of age.
(2) 
No person required to be named under § 183-3B(5) shall have been found to have violated any provision of 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.
A license fee of $700 shall be submitted with the application for a license. If the application is denied, one half of the fee shall be returned.
A. 
Every license issued pursuant to this article will terminate at the expiration of one year from the 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 City 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 City Clerk. A copy of the application for renewal shall be distributed promptly by the City Clerk to the Franklin Police Department and to the operator. The application for renewal shall be upon a form provided by the City 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 $700 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100 shall be assessed against the applicant who files for a renewal less than 60 days before the license expires. If the application is denied, one half of the total fees collected shall be returned.
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 violates any provision of this article or any rule or regulation adopted by the Common Council pursuant to this article; 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 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 article 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, pursuant to § 183-11.
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 and cubicles and any nonpublic areas by a wall.
(2) 
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, nonabsorbent, smooth textured and easily cleanable.
(4) 
The floor must be light-colored, nonabsorbent, smooth textured and easily cleanable.
(5) 
The height 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 the same shall engage in any type of sexual activity, cause any bodily discharge or 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 article 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 operators' negligence or 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 article 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 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 ensure compliance of the establishment and its patrons with the provisions of this article.
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, commonly referred to as the "hand."
The provisions of Chapter 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 Franklin 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 Franklin and the Franklin 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 or her license is revoked, shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19. 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.