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.
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.
The license shall be displayed in a conspicuous
public place in the adult-oriented establishment.
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.
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.