[Adopted 5-6-1999 by Ord.
No. 6-99]
It is unlawful for any person to perform or engage in, or for any licensee
or manager or agent of the licensee to permit any person, employee, entertainer,
or patron to perform or engage in, any live act, demonstration, dance, or
exhibition on the premises of a licensed establishment which:
A. Shows his or her genitals, pubic area, vulva, anus, anal
clef, or cleavage with less than a fully opaque covering;
B. Shows any portion of the female breast below a point
immediately above the top of the areola; or
C. Shows the covered male genitals in a discernibly turgid
state.
The provisions of this article do not apply to the following licensed
establishments: theaters, performing arts centers, civic centers, and dinner
theaters where live dance, ballet, music and dramatic performances of serious
artistic merit are offered on a regular basis and in which the predominant
business or attraction is not the offering to customers of entertainment which
is intended to provide sexual stimulation or sexual gratification to such
customers and where the establishment is not distinguished by an emphasis
on, or the advertising or promotion of, employees engaging in nude erotic
dancing.
As used in this article, the following terms shall have the meanings
indicated:
LICENSED ESTABLISHMENT
Any establishment licensed by the Village Board of the Village of
Johnson Creek to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
LICENSEE
The holder of a retail "Class A," "Class B," Class "B," Class "A"
or "Class C" license granted by the Village Board of the Village of Johnson
Creek pursuant to Ch. 125, Wis. Stats.
Any person, partnership, or corporation who or which violates any of the provisions of this article shall be subject to a forfeiture as provided in Chapter
60, Penalties. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this article constitutes sufficient grounds for suspending, revoking, or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The following definitions shall be applicable in this article:
ADULT BOOKSTORE
An establishment having as 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 relating to specified sexual activities or specified anatomical
areas as defined herein and, in conjunction therewith, having facilities for
the presentation of adult entertainment as herein defined, 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 herein defined 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 herein defined 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 herein for observation
by patrons therein.
ADULT-ORIENTED ESTABLISHMENT
Includes but is not limited to adult bookstores, adult motion-picture
theaters, adult mini motion-picture theaters or adult cabarets and further
means any premises to which public patrons or members are invited or admitted
and which is 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.
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 breast below a 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, buttock
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 21 years of age.
(2) The applicant shall not have been found to have previously
violated this article 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 §
83-7B shall be at least 21 years of age.
(2) No officer, director or stockholder required to be named under §
83-7B shall have been found to have previously violated this article 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,
all persons having a financial interest in the partnership, joint venture
or other type of organization shall be at least 21 years of age.
The license shall be displayed in a conspicuous public place in the
adult-oriented establishment.
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 Village Clerk-Treasurer.
The application for renewal must be filed no later than 60 days before the
license expires. The application for renewal shall follow the same procedure
as an original application.
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) 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,
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 the 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.
Chapter 68, Wis. Stats., shall govern the administrative procedure and
review regarding the granting, denial, renewal, nonrenewal, revocation or
suspension of a license.
All private and public schools as defined in Ch.
115, Wis. Stats., located within the Village are exempt from obtaining a license hereunder when instructing pupils in sex education as part of their curriculum.
Village law enforcement officers, building inspectors and fire inspectors
shall have the authority to enter any adult-oriented establishment at all
reasonable times to inspect the premises and enforce this article.
Any person, partnership or corporation who or which violates any of the provisions of this article shall be subject to a penalty as provided in Chapter
60, Penalties, §
60-1 of this Code.