Village of Balsam Lake, WI
Polk County
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[HISTORY: Adopted by the Village Board of the Village of Balsam Lake at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
Nuisances — See Ch. 227
Peace and good order — See Ch. 240.
The Village Board finds that due to their nature, the existence of sexually oriented businesses/adult entertainment in the Village has serious objectionable operational characteristics, such as an effect upon property values, local commerce and crime. Due to the deleterious combined effect on adjacent areas when such uses are concentrated or when located in close proximity to premises which serve alcoholic beverages, fermented malt beverages, or wine for consumption on site, such uses should not be permitted to be located in close proximity to each other or to premises serving such beverages. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. Such regulations are contained in these standards. These regulations are designed to protect the Village's retail trade, maintain property values, prevent crime, control the spread of disease, and in general protect and preserve the quality of the Village's neighborhoods and commercial districts and the quality of Village life.
As used in this chapter, the following terms shall have the meaning indicated:
An adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, or any other business whose primary activity is characterized by emphasis on matters depicting, describing, or relating to nudity, sexual conduct, or sexual excitement or sexual in nature as defined herein.
A sexually oriented business is permitted only as a conditional use and only in a commercially zoned district, provided that such use shall not be located:
Within 1,000 feet of any residence or single-family or multifamily residential district designated by said zoning.
Within 1,000 feet of any public or private school, library, governmental building, day-care premises, nursery, church, park, playground, beach or any building used even upon occasion as such.
Within 1,000 feet of another adult bookstore, adult entertainment establishment, or adult motion-picture theater.
Within 1,000 feet of any premises or establishment which is licensed by the Village or any other governmental body to sell, serve, or dispense alcoholic beverages for consumption on site.
On or in premises which are licensed by the Village to sell, serve or dispense alcoholic beverages, fermented malt beverages or wine for consumption on site.
It shall not be permitted by any licensee, 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 shows:
His or her genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering,
Any portion of the female breast below a point immediately above the top of the areola.
The covered male genitals in a discernibly turgid state.
Any full nudity.
Any sexual conduct, fornication or gratification.
No person, employee, entertainer or patron shall be permitted to have any physical contact with any entertainer on the premises during any performance, except for the taking of tips, which must be taken on the hip or the side of the entertainer's G-string, T-bar or costume or in a garter. All performances shall only occur in an area removed a distance sufficient to prevent actual physical contact between the entertainer and another entertainer or any other person, employee or patron.
No person under 18 years of age may be admitted to, may enter or remain on, may purchase goods or services at, or may work or be permitted to work as an employee in any capacity at an establishment subject to the provisions of this chapter.
Notwithstanding any other provision of this Code, an adult-oriented entertainment business shall not be permitted more than one sign advertising its business, which shall be an on-premises or building sign only. All signs shall meet the following criteria:
No merchandise or pictures of the product or entertainment shall be displayed in the window area or any area where they can be viewed from the sidewalk in front of the building.
No sign shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.
No sign shall contain any depiction of the human form or any part thereof, nor shall it contain sexually explicit language such as "nude dancing" or "Girls, Girls, Girls," etc.
No sexually oriented business may have any off-premises sign.
The provisions of this chapter do not apply to the following 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.
The distances provided in this chapter shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the lot upon which the proposed use is to be located to the nearest point of the zoning district boundary or the lot from which the proposed use is to be separated.
Violation of these provisions is declared to be a public nuisance per se.
Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any Village ordinance, county ordinance or statute of the State of Wisconsin regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
Any person, partnership or corporation who or which violates any provisions of this chapter shall be subject to a forfeiture of not less than $100 and not more than $500 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this chapter constitutes sufficient grounds for suspending, revoking or nonrenewal of an alcohol beverage license under § 125.12, Wis. Stats.