[HISTORY: Adopted by the Village Board of the Village of Johnson
Creek as indicated in article histories. Amendments noted where applicable.]
[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:
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:
Any establishment licensed by the Village Board of the Village of
Johnson Creek to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
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:
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.
A cabaret which features topless dancers, strippers, male or female
impersonators or similar entertainers.
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.
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.
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.
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.
Any person, partnership or corporation operating, conducting, maintaining
or owning any adult-oriented establishment.
Simulated or actual:
A.
From and after the effective date of this article, no
adult-oriented establishment shall be operated or maintained in the Village
without having procured a license as provided in this article and having further
complied with all statutes, ordinances and regulations of the state, county
and Village applicable thereto.
B.
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place. Any person who 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.
A.
Any person desiring to secure a license shall make application
to the Village Clerk-Treasurer. The application shall be filed in duplicate
with and dated by the Village Clerk-Treasurer. A copy of the application shall
be distributed promptly by the Village Clerk-Treasurer to the applicant.
B.
The application for a license shall be upon a form provided
by the Village Clerk-Treasurer. 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, including all aliases.
(2)
Written proof that the individual is at least 21 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 name of the corporation,
the date and state of incorporation, the name and address of the registered
agent, the name and address of all shareholders owning more than 5% of the
stock in such corporation and all officers and directors of the corporation.
C.
Applications shall be signed and sworn to by the applicant
as provided by § 887.01, Wis. Stats.
D.
Applicants must provide a copy of their seller's permit,
along with their application, as proof that they are in good standing for
sales tax purposes before they may be issued a license.
E.
Any false statement contained in such application shall
automatically nullify any license issued pursuant thereto.
F.
If any fact given in an application subsequently changes,
the licensee shall file a notice in writing of such change with the Clerk-Treasurer
within 10 days.
A.
The Police Chief shall make an investigation of the applicant
to determine whether the applicant possesses the qualifications necessary
for issuance of a license under this article within 14 days of receiving an
application.
B.
The Police Chief and Health Officer shall inspect the
premises proposed to be licensed within 14 days of receiving an application
to determine whether such premises conforms to this article and to the ordinances
of the Village and the laws of the state and any administrative regulations
which are applicable which have been issued by the state or any agency of
the state.
C.
Each of the above officers shall file written reports
with the Clerk-Treasurer. If any such report is unfavorable, a copy thereof
shall be mailed to the applicant together with a notice of the next regularly
scheduled Personnel and Finance Committee meeting.
D.
Each application shall be referred by the Village Clerk-Treasurer
to the Personnel and Finance Committee which shall make such additional investigation
as to the advisability of granting such license as may be necessary or desirable.
The Personnel and Finance Committee shall recommend grant or denial of the
license by the Village Board.
E.
No license shall be granted under this article until
the Village Board shall authorize the same.
F.
Failure or refusal of the applicant to give any information
relevant to the investigation of the application, or his refusal or failure
to appear at any reasonable time and place for examination under oath regarding
such application, or his refusal to submit to or cooperate with any investigation
required by this article, shall constitute an admission by the applicant that
he is ineligible for such license and shall be grounds for denial thereof
by the Village Board.
G.
Whenever an application is denied, the Village Clerk-Treasurer
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 next regularly scheduled
Village Board meeting as hereinafter provided.
To receive a license to operate an adult-oriented establishment, an
applicant must meet the following standards:
B.
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.
A.
The Village 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 article or any rule of regulation adopted by the Village
Board 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 Village 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 article is
not paid.
(5)
Any intoxicating liquor or fermented malt beverage is
served or consumed on the premises of the adult-oriented establishment.
B.
The Village 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 Village 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 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.
A.
The operator shall maintain a register of all employees,
showing the name and aliases used by the employee, home address, age, birth
date, sex, height, weight, color of hair and eyes, phone numbers, Social Security
number, date of employment and termination and duties of each employee. The
above information on each employee shall be maintained in the register on
the premises for a period of three years following termination.
B.
The operator shall make the register of employees available
immediately for inspection by police upon demand of a member of the Police
Department at all reasonable times.
C.
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 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.
D.
Any act or omission of any employee constituting a violating
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.
E.
No 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.
F.
The operator shall maintain the premises in a clean and
sanitary manner at all times.
G.
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, that at no time shall there be less than one footcandle
of illumination in such aisles as measured from the floor.
H.
The operator shall ensure compliance of the establishment
and its patrons with the provisions of this article.
I.
All employees of the establishment are to be at least
18 years of age.
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.