As used in this chapter, the following terms shall have the meanings
indicated:
ADULT ARCADE
Any place in or to which the public is permitted or invited, wherein
coin-operated or slug-operated, or electronically, electrically, or mechanically
controlled, or still or motion-picture machines, projectors, or other image-producing
devices are regularly maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished
or characterized by their emphasis upon matters exhibiting "specified sexual
activities" or "specified anatomical areas," as defined below.
ADULT BOOKSTORE or ADULT VIDEO STORE
A.
A commercial establishment that has as a significant or substantial
portion of its stock-in-trade, or derives a significant or substantial portion
of its revenues, or devotes a significant or substantial portion of its interior
business or advertising, or maintains a substantial section of its sales or
display space for the sale or rental, for any form of consideration, of any
one or more of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion-pictures, digital video discs, videocassettes, compact discs,
slides or other visual representations, which are characterized by their emphasis
upon the exhibition or display of specified sexual activities or specified
anatomical areas; or
(2)
Instruments, devices or paraphernalia which are designed for use or
marketed primarily for stimulation of human genital organs or for sadomasochistic
use or abuse of the user or others.
B.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified sexual activities or specified anatomical areas and
still be categorized as an adult bookstore or adult video store so long as
one of its principal business purposes is the offering for sale or rental
for consideration the specified materials that depict or describe specified
sexual activities or specified anatomical areas. A principal business purpose
need not be a primary use of an establishment so long as it is a significant
use, based upon the visible inventory or commercial activity of the establishment.
C.
This definition shall expressly exclude films, motion-pictures, digital
video discs, videocassettes, slides or other similar photographic reproductions
given an "R" rating by the Motion Picture Association of America.
ADULT CABARET
A.
A nightclub, dance hall, bar, tavern, restaurant, or similar commercial
establishment which regularly features:
(1)
Persons who appear nude or seminude;
(2)
Live performances that are characterized by the exposure of specified
sexual activities or specified anatomical areas; or
(3)
Films, motion-pictures, digital video discs, videocassettes, slides
or other photographic reproductions which are characterized by the exhibition
or display of specified sexual activities or specified anatomical areas.
B.
This definition shall expressly exclude films, motion-pictures, digital
video discs, videocassettes, slides or other similar photographic reproductions
given an "R" rating by the Motion Picture Association of America.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion-pictures,
digital video discs, videocassettes, slides or other photographic reproductions
which are characterized by the depiction of specified sexual activities or
specified anatomical areas; and has a sign visible from the public right-of-way
which advertises the availability of this adult type of photographic reproductions;
B.
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
C.
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion-pictures, digital video discs, videocassettes, slides, or similar
photographic reproductions are regularly shown which are characterized by
the depiction or description of specified sexual activities or specified anatomical
areas. This definition shall expressly exclude films, motion-pictures, digital
video discs, videocassettes, slides or other similar photographic reproductions
given an "R" rating by the Motion Picture Association of America.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial establishment
which regularly features persons who appear nude or seminude, or live performances
which are characterized by the exposure of specified sexual activities or
specified anatomical areas.
BOARD
The Village Board of the Village of Belgium, Ozaukee County, Wisconsin.
DIRECTLY
To require physical contact. For instance, when this chapter prohibits
an employee to receive a gratuity directly from a patron, it prohibits the
direct touching of skin, other body parts or clothing.
DISTINGUISHED or CHARACTERIZED BY
The dominant or principal theme of the object referenced. For instance,
when the phrase refers to films "which are distinguished or characterized
by an emphasis upon the exhibition or display of specified sexual activities
or specified anatomical areas," the films so described are those whose dominant
or principal character and theme are the exhibition or display of specified
sexual activities or specified anatomical areas.
EMPLOYEE, EMPLOY and EMPLOYMENT
Describe and pertain to any person who performs any service on the
premises of a sexually oriented business on a full-time, part-time, or contract
basis, regardless of whether the person is denominated as an employee, independent
contractor, agent, or by another status. Employee does not include a person
exclusively on the premises for repair or maintenance of the premises or for
the delivery of goods to the premises.
ESCORT
A person who, for consideration and for another person, agrees or
offers to privately model lingerie or to privately perform a striptease.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish,
or advertises to furnish escorts as one of its primary business purposes for
a fee, tip or other consideration.
ESTABLISH or ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business as a new
business;
B.
The conversion of any existing business, whether or not a sexually oriented
business, to any sexually oriented business;
C.
The addition of any sexually oriented business to any other existing
sexually oriented business; or
D.
The relocation of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented business
has been issued, as well as the individual listed as an applicant on the application
for a license.
NUDE, NUDITY OR STATE OF NUDITY
The showing of the human male or female genitals, pubic area, vulva
or anus, with less than a fully opaque covering, the showing of the female
breast with less than a fully opaque covering of any part of the nipple or
areola, or the showing of the covered male genitals in a discernibly turgid
state.
[Amended 12-12-2005 by Ord. No. 38-05]
OPERATE OR CAUSE TO BE OPERATED
To cause to function or to put or keep in a state of doing business.
"Operator" means any person on the premises of a sexually oriented business
who is authorized to exercise operational control of or over the business
or who causes to function or who puts or keeps in operation the business.
A person may be found to be operating or causing to be operated a sexually
oriented business regardless of whether that person is an owner, part owner,
or licensee of the business.
PERSON
An individual, proprietorship, partnership, corporation, limited
liability company, limited liability partnership, association, or other legal
entity.
PREMISES
The real property upon which the sexually oriented business is located,
and all appurtenances thereto and buildings thereon, including but not limited
to: the sexually oriented business, the grounds, the private walkways, and
parking lots and/or parking garages adjacent thereto, under the ownership,
control or supervision of the owner or operator of the business.
REGULARLY FEATURES or REGULARLY SHOWS
A consistent or substantial course of conduct, such that the films
or performances exhibited constitute a substantial portion of the films or
performances offered as part of the ongoing business of the sexually oriented
business.
SEMINUDE or SEMINUDE CONDITION
The showing of the human male or female genitals, pubic area, vulva
or anus, with not more than a complete opaque covering, or the showing of
the female breast with not more than a complete opaque covering of any part
of the nipple or areola.
[Amended 12-12-2005 by Ord. No. 38-05]
SEXUAL ENCOUNTER CENTER
A business or commercial establishment that as one of its principal
business purposes offers for any form of consideration a place where two or
more persons may congregate, associate, or consort for the purpose of specified
sexual activities. The definitions of "sexual encounter center" or any "sexually
oriented business" shall not include an establishment where a medical practitioner,
psychologist, psychiatrist, or similar professional person licensed by the
state engages in medically approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult video store, adult cabaret,
adult motel, adult motion-picture theater, adult theater, escort agency, or
sexual encounter center.
SPECIFIED ANATOMICAL AREAS
[Amended 12-12-2005 by Ord. No. 38-05]
A.
The human male genitals in a discernibly turgid state, even if completely
and opaquely covered; or
B.
Less than completely and opaquely covered human genitals, pubic region,
vulva, anus or the nipple and areola of the human female breast.
SPECIFIED SEXUAL ACTIVITY
A.
The fondling of another person's genitals, pubic region, anus,
or female breasts;
B.
Actual sex acts, normal or perverted, including intercourse, oral copulation,
masturbation, or sodomy; or
C.
Excretory functions as part of, or in connection with, any of the activities set forth in Subsections
A and
B above.
SUBSTANTIAL ENLARGEMENT
Of a sexually oriented business, means the increase in floor areas
occupied by the business by more than 25%, as the floor areas exist on the
date this chapter takes effect.
TRANSFER OF OWNERSHIP OR CONTROL
Of a sexually oriented business, means and includes any of the following:
A.
The sale, lease, or sublease of the business;
B.
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange, or similar means; or
C.
The establishment of a trust, gift, or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person possessing
the ownership or control.
Sexually oriented businesses are classified as follows:
B. Adult bookstores or adult video stores;
E. Adult motion-picture theaters;
H. Sexual encounter centers.
A license fee of $250 shall be submitted with the application for a
license. If the application is denied, 1/2 of the fee shall be returned to
the person who posted such fee, and the remainder shall be applied toward
processing and administrative costs.
The license shall be displayed in a conspicuous public place, at or
near the entrance of the sexually oriented business, so that it may be easily
read at any time.
Chapter 68 of the Wisconsin Statutes (2001-02 and as amended), concerning
municipal administrative procedure, shall govern the administrative procedure
and review concerning the granting, denial, renewal, nonrenewal, suspension
or revocation of a license. A written request for review of an initial determination
shall be made by an aggrieved person to the Village Clerk pursuant to the
provisions of §§ 68.08 and 68.09, Wis. Stats. The Board shall
review an initial determination within 15 days of receipt of a request for
review. An administrative appeal may be made by an aggrieved person to the
Village Clerk pursuant to the provisions of § 68.10, Wis. Stats.
Within 15 days of receipt of a notice of appeal, the Zoning Board of Appeals
shall hold a hearing pursuant to the provisions of § 68.11, Wis.
Stats. Any party to a proceeding resulting in a final determination under
§ 68.12, Wis. Stats. may seek judicial review of such final determination
pursuant to the provisions of § 68.13, Wis. Stats.
A licensee shall not transfer his or her license to another, nor shall
a licensee operate a sexually oriented business under the authority of a license
at any place other than the address designated in the application.
Any sexually oriented business having available for customers, patrons
or members, any booth, room or cubicle for the private viewing of any specified
anatomical areas or specified sexual activity 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 sexually oriented business and, except as provided in Subsection
B(2), hereof, 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 or cubicles and any nonpublic areas by a wall.
(2) Each booth shall have at least one side totally open
to the public lighted aisle which may be secured when the booth is in use
by a door which extends from a height of not less than two feet above the
floor.
(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 five 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 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.
It shall be prohibited for a person under the age of 18 years to be
on the premises of a sexually oriented business.
No sexually oriented business shall be open between the hours of 2:00
a.m. and 8:00 a.m., Monday through Saturday, or between the hours of 2:00
a.m. and 12:00 noon on Sundays.
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 of entertainment which is intended for sexual interests
or titillation of customers, and where the establishment is not distinguished
by an emphasis on or the advertising or promotion of nude or seminude performances.
While expressive live nudity or seminudity may occur within these establishments,
this chapter seeks only to minimize and prevent the secondary effects of sexually
oriented businesses on the community. Negative secondary effects have not
been associated with the establishments referenced in this section.
The Village Marshal, Ozaukee County Sheriff's Department and Building
Inspector shall have the authority to enter a sexually oriented business at
any time the business is occupied or open for business and at all reasonable
times to inspect the premises and enforce this chapter.
A person who operates or causes to be operated a sexually oriented business
without a valid license or in violation of this chapter is subject to a suit
for injunction as well as municipal prosecution, Such violation shall be punishable
by a forfeiture of $500 plus court costs and assessments. Each day a sexually
oriented business so operates shall be deemed a separate offense or violation.
Each section and provision of this chapter is hereby declared to be
an independent division and subdivision and, notwithstanding any other evidence
of legislative intent, it is hereby declared to be the controlling legislative
intent that if any provision of said Ordinance, or the application thereof
to any person or circumstance, is found to be invalid by a court of competent
jurisdiction, the remaining sections or provisions and the application of
such sections and provisions to any person or circumstances other than those
to which it is held invalid shall not be affected thereby, and it is hereby
declared that such sections and provisions would have been enacted independently
of such section or provision found to be invalid.
All ordinances or parts of ordinances in conflict with the provisions
of this chapter are hereby repealed.