[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 3-15-2004 by Ord. No. 04-18 (§ 12.18
of the 1988 Code). Amendments noted where applicable.]
This chapter is adopted pursuant to authority
granted by the Wisconsin Statutes, including, without limitation,
§§ 61.34(1) and 66.0415(1), Wis. Stats.
The purpose of this chapter is to regulate,
prevent, combat, control and mitigate the harmful secondary effects
of adult-oriented uses and establishments operated within the Village,
in a manner that is fully consistent with the First Amendment of the
United States Constitution.
The provisions of this chapter shall be interpreted
to be minimum requirements and shall be liberally construed in favor
of the Village. Any word, term or phrase that is defined in this chapter
shall have the meaning stated in its definition. Any undefined word,
term or phrase shall have its common, ordinary meaning unless some
other particular meaning is clearly suggested by the context in which
it appears. As used in this chapter, "shall" is mandatory and "may"
is permissive. Headings are provided in this chapter only for convenience
and ease of reference, and such headings shall not be used to interpret
the meaning, purpose or effect of any provision of this chapter. Notwithstanding
any of the foregoing statements regarding interpretation, this chapter
shall be interpreted so as to be fully consistent with the requirements
of the First Amendment of the United States Constitution.
A.
After the effective date of this chapter:
(1)
The operator of a proposed new or relocated adult-oriented
use or establishment in the Village shall obtain from the Village
and possess a valid adult-oriented use license issued pursuant to
this chapter before commencing the operation of such use or establishment;
and
(2)
The operator of an adult-oriented use or establishment
already existing in the Village on the effective date of this chapter
which proposes to expand or shift the area occupied by its operations,
or to which a new or additional adult-oriented use is proposed to
be added, shall obtain from the Village and possess a valid adult-oriented
use license issued pursuant to this chapter before commencing the
operation of such new or additional use or before expanding or shifting
the area occupied by its operations; and
(3)
The operator of an adult-oriented use or establishment
to whom a valid adult-oriented use license has been issued shall obtain
and possess a valid amendment or minor modification of such license
issued pursuant to this chapter before making any change or modification
to the nature, operation or physical layout of the use(s) provided
for in such license; and
(4)
The operator of an adult-oriented use or establishment
to whom a valid adult-oriented use license has been issued shall obtain
and possess a valid renewed or new adult-oriented use license before
continuing to operate such use or establishment after the expiration
of the issued license.
B.
The operator of an adult-oriented use or establishment in the Village licensed pursuant to this chapter shall prominently display at all times a valid adult-oriented use license within the physically separate defined area of the building occupied by the adult-oriented use. Possession of a valid adult-oriented use license shall not entitle the operator of an adult-oriented use or establishment to operate an adult-oriented use or establishment in violation of applicable requirements of Chapter 420, Zoning Ordinance, or any other Village ordinance.
Prior to filing an application for an initial or amended (or amended and renewed) adult-oriented use license, or for a minor modification of an adult-oriented use license, the operator or an authorized representative of the operator shall request and participate in a face-to-face conference with the Village's Community Development Director, or the Director's staff designee, to discuss the proposed adult-oriented use(s), the requirements of this chapter and how the requirements of this chapter interface with the requirements of Chapter 420, Zoning Ordinance, and other applicable Village ordinances, for the purpose of ensuring an efficient application review and decision-making process. The requirement of a preapplication staff conference shall be deemed to be waived by the Village if the operator has participated during the past 180 days in a preapplication staff conference pursuant to this section, or pursuant to § 420-55D of Chapter 420, Zoning Ordinance, regarding the same proposed adult-oriented use(s) and the same other use(s) as are proposed by the operator to be located and conducted together with such adult-oriented use(s) in the same physically separate defined area of a building. The Community Development Director or the Director's staff designee may waive in writing the requirement of a preapplication staff conference whenever such requirement is determined to be not necessary to achieve an efficient application review and decisionmaking process.
A.
Filing. An application for an adult-oriented use license, or for any renewal, amendment or minor modification of such a license, shall be filed with the Village's Community Development Department, on a form provided by the Village and dated and signed by the operator, together with the application fee provided for in § 108-7 of this chapter.
B.
Contents. An application shall only deal with the adult-oriented use(s) and any other use(s) that are proposed by the operator to be located and conducted together in a single physically separate defined area of a building. The application for an initial adult-oriented use license shall contain or have attached to it the following information and documents or shall explain why any such particular requirement is not applicable to the application. (For the required contents of a renewal, amendment or minor modification application, see §§ 108-11, 108-12 and 108-13 of this chapter, respectively):
(1)
Name (and any aliases), street address (a post office
box without a street address is not sufficient) and telephone number
of the operator (and, at the option of the operator, the operator's
fax number and/or e-mail address if the operator consents to receive
notices or other communications relating to the application or license
by such means), and any other name under which the operator is currently
doing business or has done business at any time during the five years
immediately preceding the date of application;
(2)
If the operator is an individual, his or her date
of birth and state of residence currently and at any time during the
five years immediately preceding the date of the application;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
If the operator is not an individual, the type of
entity it is (e.g., corporation, general partnership, limited partnership,
limited liability company, joint venture, etc.), the state in which
it was formed, each state in which it is currently doing business
or has done business during the five years immediately preceding the
date of application, and the name and address of its registered agent;
(4)
If the operator is not an individual, the name and the information specified in Subsection B(2) or (3) above, whichever is applicable, for each of the following:
(a)
If the operator is a corporation, for each officer
and director and for each shareholder owning at least a 25% interest
in the operator;
(b)
If the operator is a partnership, for each general
partner;
(c)
If the operator is a limited partnership, for
any general partner, and for any limited partner owning at least a
25% interest in the operator;
(d)
If the operator is a joint venture, for each
joint venturer;
(e)
If the operator is a limited liability company
managed by one or more managers, for each manager and for each member
owning at least a 25% interest in the operator; if the operator is
a limited liability company managed by the members, for each member;
(f)
If the operator is any other type of entity,
for each person who or which exercises or is authorized to exercise
any control over the operations of the entity;
(5)
If the operator is not the sole owner of the real
property on which the proposed adult-oriented use(s) or establishment
are proposed to be located or operated, the name, street address and
telephone number of each such owner;
(6)
If the operator is not the sole and record owner of
the real property on which the proposed adult-oriented use(s) or establishment
are proposed to be located or operated, attach proof of the operator's
right to conduct the proposed adult-oriented use(s) or establishment
on such real property (e.g., copy of deed or lease);
(7)
If the operator or any person required to be listed in response to Subsection B(4) above has been convicted during the five years immediately preceding the date of the application of obscenity, sexual assault, prostitution, keeping a place of prostitution, pandering, soliciting prostitutes, lewd and lascivious behavior, public sexual gratification or other similar crimes of a sexual nature, or of the manufacture, distribution or delivery of a controlled substance or of a controlled substance analog, or of possession of a controlled substance or a controlled substance analog with intent to manufacture, distribute or deliver, or of other similar crimes relating to the distribution or delivery of controlled substances or controlled substance analogs, identify the person so convicted and state the crime, the date of conviction and identify the court and jurisdiction in which the conviction occurred (e.g., Circuit Court, Kenosha County, Wisconsin);
(8)
If the operator or any person required to be listed in response to Subsection B(4) above has been adjudicated guilty during the five years immediately preceding the date of application of any ordinance violations occurring in or relating to the operation of an adult-oriented use or establishment, identify the person so adjudicated, state the nature of the ordinance violation, the date of the adjudication and identify the court and jurisdiction in which the adjudication occurred;
(9)
Name and street address of any other adult-oriented use(s) or establishment(s) owned and/or operated by the operator or by any person required to be listed in response to Subsection B(4) above currently or within the five years immediately preceding the date of application, and the name, street address and telephone number of each local governmental entity which has issued or granted any permit or license for or with respect to each such use or establishment;
(10)
If a permit or license for an adult-oriented use or establishment owned or operated by the operator or by any person required to be listed in response to Subsection B(4) above has been terminated or suspended during the five years immediately preceding the date of the application, state the name and address of the business, the type of permit or license terminated or suspended, the date and reason(s) for the termination or suspension and the name, street address and telephone number of the governmental entity that terminated or suspended the permit or license;
(11)
Location of the proposed adult-oriented use(s) or
establishment (legal description of the real property, street address
of the building, and the floor and/or building unit designation, if
applicable);
(12)
Zoning district in which the proposed adult use(s) or establishment is proposed to be located (and if in any zoning district other than the B-2 District, whether any such use or establishment is a nonconforming use pursuant to the Chapter 420, Zoning Ordinance; if nonconforming use status is claimed, attach proof of each element of such status (see definition of "nonconforming use" in § 108-24 below);
(13)
List and describe all proposed adult-oriented use(s)
[e.g., adult bookstore, adult club, adult dry cabaret, adult movie
theater, adult video-rental store, adult video store and/or adult
viewing facility] to be located and conducted together in the same
physically separate defined area of a building;
[Amended 6-26-2023 by Ord. No. 23-27]
(14)
List and describe all proposed indoor accessory uses
related to and to be located and conducted together with the listed
adult-oriented use(s) in the same physically separate defined area
of a building;
(15)
List and describe all other proposed principal uses
and related accessory uses to be located and conducted together with
the listed adult-oriented use(s) in the same physically separate defined
area of a building;
(16)
Name of the business or establishment which the proposed
adult-oriented use(s) will constitute or be a part of;
(17)
Whether the entire building where the proposed adult-oriented use(s) will be located will be the physically separate defined area occupied by the proposed adult-oriented use(s) and any related indoor accessory use(s), and if not, attach a scale drawing showing the boundaries of the physically separate defined area to be occupied by such use(s) [see Subsection B(28) below], and describe in detail the means by which such area will be physically separated from the remainder of the building or, if applicable, from the remainder of the building unit;
(18)
Whether site and operational plan approval has been
issued or applied for with respect to the proposed adult-oriented
use(s) and any other use(s) to be located and conducted together in
the same physically separate defined area of a building, and if so,
the date of issuance of such approval or, if not issued, the date
of the application for such approval;
(19)
Whether a conditional use permit has been issued or
applied for with respect to any of the use(s) proposed to be located
and conducted together with the proposed adult-oriented use(s), and
if so, the date of issuance of such permit or, if not issued, the
date of the application for such permit, and the type of conditional
use involved;
(20)
Whether any existing conditional use permit will be automatically terminated upon issuance of the requested adult-oriented use license pursuant to § 420-119E(1)(e) of Chapter 420, Zoning Ordinance;
(21)
Whether a zoning ordinance amendment is necessary
to accommodate the proposed adult-oriented use(s) or establishment,
and if so, whether the required zoning ordinance has been adopted
or denied, or if pending, the date of the rezoning application;
(22)
If the building in which the proposed adult-oriented
use(s) is proposed to be located is not existing, or if such building
is proposed to be modified, attach a copy of detailed building plans
that satisfy the plan requirements for a building permit;
(23)
A detailed description of how the operator will ensure
that individuals who are less than 18 years of age will be excluded
from the physically separate defined area to be occupied by any proposed
adult-oriented use(s);
(24)
A detailed description of how the operator will ensure
that any seminude individual appearing live and publicly in an adult-oriented
use or establishment will only so appear on a stage or raised platform
which is raised not less than 23 inches above the surrounding floor
areas;
(25)
A detailed description of how the operator will ensure
that no seminude individual appearing live in an adult-oriented use
or establishment will be visible to anyone outside the physically
separate defined area of the building occupied by such use;
(26)
A detailed description of how the operator will ensure
that no adult-oriented printed or graphic materials displayed in an
adult-oriented use or establishment will be visible to anyone outside
the physically separate defined area of the building occupied by such
use or establishment;
(27)
A detailed description of how the operator will ensure
that no adult-oriented movie or other adult-oriented motion-picture
materials shown in an adult-oriented use or establishment will be
visible to anyone outside the physically separate defined area of
the building occupied by such use or establishment;
(28)
Attach a scale drawing of the layout of the interior
of the building in which the proposed adult-oriented use(s) and any
proposed related indoor accessory use(s) will be conducted (or of
the floor or building unit thereof to which the proposed adult-oriented
use(s) will be limited, if applicable, but in any event showing enough
of the building interior to include the boundaries of the physically
separate defined area of the building to be occupied by such use(s),
showing:
(a)
The boundary of the physically separate defined
area within which the proposed adult-oriented use(s) and any related
indoor accessory uses will be conducted, with dimensions, and showing
any physical means by which the required physical separation of such
area will be achieved, and if the adult-oriented use(s) will involve
the retail sale or rental of merchandise, the location where the checkout
counter and cash register will be located within such area;
(b)
The location, dimensions and function of each
room, cubicle or other enclosed space to which customers or members
of the public will have access;
(c)
The location, dimensions and function of each
room or other enclosed space from which customers or members or the
public will be excluded, and the means of accomplishing such exclusion;
(d)
The location, height and other dimensions, type
and purpose of any interior movable or non-floor-to-ceiling walls,
partitions, screens or other barriers; and the function of any spaces
created by such barriers, and whether customers are members of the
public, private customers, club members or guests will be admitted
to or excluded from such spaces;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(e)
The location and dimensions of each doorway,
entryway or passageway through which customers or members of the public
will be permitted to pass and whether the doorway, entryway or passageway
will be open and unobstructed or closed (only exterior entrances/exits
and rest rooms can be closed or obstructed);
(f)
The location and dimensions of each doorway,
entryway or passageway through which members of the public, customers,
club members or guests will not be permitted to pass and the means
of accomplishing such exclusion;
(g)
The location and dimensions of any raised platform
or stage on which any seminude employees or entertainers will appear
live and publicly and the height thereof above the surrounding floor
areas;
(h)
The location and dimensions of the required
minimum six-foot separation zone between any raised platform or stage
where seminude employees or entertainers will appear live and publicly
and any area where customers or members of the public will be permitted
to sit, stand, move about or dance, and the location, type, materials
and dimensions of the required physical separation barrier at the
outer periphery of such separation zone;
(i)
The location and dimensions of any bar and of
any related service area;
(j)
The location and dimensions of any dance floor;
(k)
The location and dimensions of any customer
seating areas;
(l)
The location and dimensions of any merchandise
racks;
(m)
The location and dimensions of any cubicles,
booths, small rooms or other small partially enclosed spaces to be
used by customers or members of the public for private viewing of
videos or any other similar purpose;
(n)
The location and dimensions of any movie screen,
projection equipment, or viewing equipment;
(o)
A certification that the operator has reviewed
this chapter;
(p)
A certification that the operator has reviewed
the information contained in or submitted with the application and
that such information is up to date, accurate and complete as of the
date of the application.
C.
Incomplete applications. The Community Development
Department may decline to accept an adult-oriented use application
for filing if it is obviously incomplete. With respect to any filed
application that is determined upon review to be incomplete, the Department
shall issue a written notice to the operator, within five business
days after the date of filing, stating that the application is incomplete
and listing the specific items required to complete the application.
If no such notice is issued within such five-day period, the application
shall be deemed to be complete for purposes of processing. Upon completion
of the application, the Department shall notify the operator in writing
within three business days that the application was completed as of
a specified date. In the event the application is not completed within
60 days after the initial filing of the application, the Department
shall deny the application as incomplete and shall notify the operator
in writing of the reason for the denial within three business days.
D.
Waiver of application requirements. The Community
Development Director or the Director's staff designee may waive in
writing any application requirement that the Director or the Director's
staff designee determines is not necessary for the effective review
and determination of the application. Such waivers may be issued at
a pre-application staff conference or at any time during the application
review process.
E.
Background check. Upon the filing of an application for an adult-oriented use license, the Community Development Department shall immediately request the Police Department to conduct a background check on the operator and on each person identified in response to Subsection B(4) of this section. The Police Department shall promptly forward the results of such background check(s) to the Community Development Department, which shall present the results of such background check(s) for the five years immediately preceding the date of the application to the Village Board as part of its staff report.
F.
Staff report. The Community Development Department shall prepare a staff report on the application, which shall include the relevant results of any background checks conducted pursuant to Subsection E above and present such report to the Village Board. A copy of such staff report shall be made available to the operator prior to the meeting at which the Village Board will consider the application.
A.
License. The application fee for an initial adult-oriented
use license shall be $500. The application fee for an amendment of
such a license or for a renewal and amendment of such license shall
be $300. The application fee for a renewal of such a license without
change shall be $200. The application fee for an informal minor modification
of such a license shall be $100.
B.
Work permit. The application fee for an adult-oriented
use work permit shall be $25.
A.
Time limit.
(1)
The Village Board shall decide each application for
an initial adult-oriented use license, or for an amendment or renewal
of such a license, within 45 days after a complete application and
the applicable fee for such application are filed with the Community
Development Department, unless the operator or an authorized representative
of the operator agrees to an extension of time at a Village Board
meeting, which extension is contained in the minutes of such meeting,
or is memorialized in a writing signed by the operator or an authorized
representative of the operator; provided, however, that notwithstanding
the foregoing time limit, the Village Board may toll the remaining
time for decision until the next regularly scheduled meeting that
is conducted by the Village Board if:
(a)
A required site and operational plan approval under Article IX of Chapter 420, Zoning Ordinance, (including the determination of the applicable physically separate defined area) has not yet been issued with respect to the proposed adult-oriented use(s) and any other use(s) to be located and conducted together with such adult-oriented use(s) in the same physically defined separate area of a building; or if
(b)
A required amendment of Chapter 420, Zoning Ordinance, has not yet been enacted and the application for such amendment is not ripe for decision by the Village Board; or if
(c)
The operator or a knowledgeable representative
of the operator authorized to speak for and bind the operator fails
to appear at a meeting of the Village Board at which consideration
of the application is duly scheduled, and if the Village Board has
any questions about the application or the proposed use(s) to which
it reasonably requires answers before deciding the application, or
if the operator or the operator's authorized representative are unable
to answer such questions without an adjournment.
(2)
If the Village Board fails to decide an application
for an adult-oriented use license within the time limits established
by this chapter, the license shall be deemed to be issued on the basis
of the information provided in the application.
B.
Notice and opportunity to be heard. The Village Board
shall cause a written notice to be issued to the operator, not less
than 10 days prior to the date of the Village Board meeting at which
the operator's application is proposed to be considered, stating the
date, time and place of the meeting, the operator's obligation to
be present in person or by knowledgeable representative authorized
to speak for and bind the operator, and optionally, any additional
information that the Village Board or staff believes is necessary
or desirable to decide the application. The operator shall be given
an opportunity to present its application and to respond to any concerns
that members of the Village Board have which might be the basis for
denial or the imposition of any special limiting condition.
C.
Approval. The Village Board shall approve an application
for an adult-oriented use license if the application and the proposed
adult-oriented use(s) and establishment satisfy all of the requirements
of this chapter and if the Village Board does not find that there
is a reasonable probability that the operator will fail to comply
with the requirements of this chapter or of a license issued pursuant
to this chapter, based on a substantial pattern of noncompliant behavior
during the five years immediately preceding the date of the application
or other clear and convincing information.
D.
Conditions. The Village Board may impose reasonable requirements and conditions to ensure compliance by the operator with the requirements of this chapter or of a license issued pursuant to this chapter, and for such purposes may incorporate by reference in its decision all or portions of the operator's application or other documents. The Village Board shall specify whether any condition imposed on its approval is a condition precedent (must be satisfied before the license takes effect) or a condition subsequent (must be satisfied after the license takes effect to avoid a subsequent suspension and possible termination) and may specify a reasonable period of time within which to satisfy any such condition. For existing adult-oriented uses or establishments that are allowed uses pursuant to Chapter 420, Zoning Ordinance, conditions precedent shall be avoided unless they are required to remedy serious health or safety problems or serious adverse secondary effects in the surrounding area.
E.
Physically separate defined area. In the event that the physically separate defined area to be occupied by an existing allowed adult-oriented use and any related interior accessory use(s) involved in the adult-oriented use license application has not been determined and will not be determined pursuant to Article IX of Chapter 420, Zoning Ordinance, in connection with a then-currently-required site and operational plan approval, the Village Board shall determine the physically separate defined area of such use(s) as part of the license decision.
F.
Denial. The Village Board shall deny the license application
if it finds that the proposed adult-oriented use(s) or establishment
fail to satisfy the requirements of this chapter, or if it finds that
there is a reasonable probability that the operator will fail to comply
with the requirements of this chapter or of a license issued pursuant
to this chapter, based on a substantial pattern of noncompliant behavior
during the five years immediately preceding the date of the application
or other clear and convincing information. The Village Board may deny
a license application for lack of specific information, which it reasonably
needs to decide the application, if the operator has been given a
reasonable opportunity to supply such information. The Village Board
shall specifically state its reasons for denying any adult-oriented
use license application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Community Development Department shall issue an adult-oriented use license within five business days after Village Board approval of the application, if there are no conditions precedent, or if the Community Development Department certifies that all conditions precedent to the Village Board approval have been satisfied pursuant to § 108-10A of this chapter. If the Department fails to act timely pursuant to this § 108-9, the license shall be deemed to be issued for purposes of the operator's right to operate, but a subsequently issued license shall be valid and binding. Notwithstanding any other provision of this chapter, no violation of this chapter shall result from an operator of an existing adult-oriented use or establishment that is an allowed use pursuant to Chapter 420, Zoning Ordinance, continuing to operate such use or establishment during the period between Village Board's approval of an adult-oriented use license for such use or establishment, which is not subject to any conditions precedent, and the issuance of such license to the operator. An adult-oriented use license shall be personal to the operator and site-specific to the approved location, shall not run with the land, shall not be transferable or assignable and shall not be applicable to an adult-oriented use or establishment at a location different than the approved location. A transfer or assignment of an adult-oriented use license shall automatically terminate such license. (A simple name change by an operator shall not be deemed to involve an assignment and require a new license, but the merger or acquisition of an operator shall be deemed to involve an assignment and shall require a new license.) Except as provided in § 108-11 or 108-12 below, any initial, renewed or amended adult-oriented use license shall automatically expire one year after the date of issuance unless it is sooner invalidated or terminated.
A.
Conditions precedent. The operator of a proposed adult-oriented use or establishment shall satisfy all conditions precedent imposed by the Village Board on its approval of an application for an adult-oriented use license within the time specified by the Village Board in its decision, or if the time was not specified by the Village Board, within 270 days after the date of approval. The operator shall notify the Community Development Department, in writing, within the time prescribed, of the satisfaction of any conditions precedent and shall either provide proof of satisfaction with such notice or request in such notice an inspection of the premises. The Community Development Department shall make any requested inspection within three business days after receipt of such notice and shall certify to the Village Board satisfactory compliance with any condition precedent and issue the license (or notify the operator in writing why a condition has not been satisfied) within three business days after receiving such proof or after making an inspection. In the event that the operator fails to satisfy a condition precedent within the time prescribed, the Village Board's approval shall be automatically suspended. If the operator thereafter satisfies the condition precedent within one year after the Village Board's approval, and files with the Community Development Department an updated application in which the operator certifies that the updated information is accurate and complete, together with the fee required for a renewal application, the Community Development Department shall certify to the Village Board satisfactory compliance with the condition(s) precedent and issue the license within three business days, unless facts have changed materially or the requirements of this chapter have changed materially in the interim, in which event the Department shall issue a notice to the operator within three business days that the updated application is being treated as an application for renewal. If the Department fails to act timely pursuant to this Subsection A, the action in favor of the operator shall be deemed to have been taken timely.
B.
Conditions subsequent. The operator shall satisfy any conditions subsequent to the license and obtain the Department of Community Development's certification of such satisfaction within the time specified in the license or, if such time is not specified, within 60 days after the date of issuance. The operator shall notify the Community Development Department in writing, within the time prescribed, of satisfaction of any conditions subsequent and provide proof of satisfaction with such notice or request in such notice an inspection of the premises. The Community Development Department shall inspect the premises within three business days after receiving notice and a request for inspection. The Community Development Department shall certify the satisfaction to the Village Board (or notify the operator in writing why the condition has not been satisfied) within three business days after receiving such proof or conducting such an inspection. In the event that an operator fails to satisfy a condition subsequent and obtain the Department's certification of such satisfaction within the time prescribed, the license shall be automatically suspended. During any such suspension, operations shall be prohibited. Any such suspension shall be automatically lifted upon the Community Development Department's certification to the Village Board of satisfactory compliance with the condition(s) subsequent. If the Department fails to act timely pursuant to this Subsection B, the action in favor of the operator shall be deemed to have been taken on the last day of the time prescribed for such action.
An operator wishing to renew a valid adult-oriented use license shall file a complete renewal application with the Community Development Department, together with the renewal license application fee specified in § 108-7 of this chapter, not later than 60 days prior to the expiration of the existing license. The timely filing of a complete renewal application and the required application fee shall entitle an operator to continue operating an adult-oriented use or establishment during the pendency of the application, even if the application is not decided until after the expiration of the existing license, and until the license is issued if the Village Board approves the application without conditions precedent. Any amendments to this chapter that are enacted before the Village Board's decision shall be applicable to a renewal application. The application for renewal of an adult-oriented use license shall contain all of the information and documents required for an initial adult-oriented use license. Such an application may incorporate by reference specific information filed by the operator in or attached to the most recent application on the basis of which an adult-oriented use license was approved by the Village Board, provided that such previous application and any applicable attachments thereto are attached to the renewal application or are on file with the Village and readily available to the Community Development Director, if the operator specifies the date of such prior application and certifies that such information has not changed and is up to date, accurate and complete as of the date of the application. Any information that has changed since the previous application or which was incorrectly stated in the previous application shall be updated and corrected by the operator so that all of the information filed with the Village is accurate and complete as of the date of the application. Sections 108-8 through 108-10 of this chapter shall apply to license renewal.
An operator desiring to amend a valid adult-oriented use license shall file an application for amendment of the license with the Community Development Department, together with the amended license application fee specified in § 108-7 of this chapter, after requesting and participating in any preapplication staff conference required by § 108-5 of this chapter. Any amendments to this chapter that are enacted before the Village Board's decision shall be applicable to an amendment application. The application for amendment of an adult-oriented use license shall contain all of the information and documents required for an application for an initial adult-oriented use license and shall contain a complete and detailed description of any proposed changes in use, operation, physical layout or license provisions and a scale drawing showing any physical changes in layout. Such an application may incorporate by reference specific information filed by the operator in the most recent application on the basis of which an adult-oriented use license was approved by the Village Board, provided that such previous application and any applicable attachments thereto are attached to the application, or that such documents are on file with the Village and is readily available to the Community Development Director, if the operator specifies the date of such application and certifies that such information has not changed and is up to date, accurate and complete as of the date of the application. Any information that has changed since the date of the previous application or which was incorrectly stated in the previous application shall be updated and corrected by the operator so that all of the information filed with the Village is accurate and complete as of the date of the application. Sections 108-8 through 108-10 of this chapter shall apply to license amendment.
An operator desiring a minor modification of a valid adult-oriented use license shall file an application for minor modification with the Community Development Department, together with the minor modification application fee specified in § 108-7 of this chapter, after requesting and participating in any preapplication staff conference required by § 108-5 of this chapter. The Director of the Community Development Department or the Director's staff designee shall be authorized but not obligated to grant a minor modification, and if practicable, the Director or the Director's staff designee shall give guidance to the operator during the preapplication staff conference whether an application for a minor modification is advisable. The application for minor modification shall contain a complete, detailed and accurate description of the proposed minor modification(s) of the operation, physical layout or license provisions and a scale drawing showing any proposed physical modification(s) in layout, any information required to update or correct any changes or inaccuracies or incomplete statements in the information filed with the most recent application on the basis of which the Village Board approved an adult-oriented use license so that all of the information filed with the Village is accurate and complete as of the date of the application, together with the certification by the operator that all such information is accurate and complete as of the date of the application, and any other information reasonably required by the Director or the Director's staff designee to determine whether any proposed modification is a minor modification. Any application for a minor modification of an adult-oriented use license which the Director of the Community Development Department or the Director's staff designee declines or fails to issue in writing within 10 business days after the filing of the application shall be deemed to be denied. If the operator still desires to effect the proposed modification(s) in the license, the operator shall file an application for an amended license.
A.
Upon receipt of information providing a reasonable
basis to believe that a serious violation of this chapter or of a
license issued pursuant to this chapter has occurred (for purposes
of this section, "serious violation" shall include any violation which
involves criminal activity, involves the presence of an individual
of less than 18 years of age inside the physically separate defined
area of a building within which an adult-oriented use is located,
or is of a type reasonably likely to result in harmful secondary effects
in the surrounding area) or that a pattern of violations of this chapter
or of a license issued pursuant to this chapter has occurred which
reasonably suggests intentional violation by the operator or a lack
of concern about compliance on the part of the operator or that materially
false, misleading or incomplete information was provided by the operator
in or with an adult-oriented use application; the Village Board may
schedule a hearing to determine whether such violations occurred (unless
a court has already made such determination), whether the operator
committed or was responsible for such violation(s), and whether adjustments
in the operation, supervision, layout or other aspects of the licensed
adult-oriented use(s) or establishment are required, or whether adjustments
in the adult-oriented use license provisions are required, to prevent
similar violations in the future, and with respect to materially false,
misleading or incomplete information provided in or with a license
application, what the accurate and complete information is and whether,
how and to what extent any such false, misleading or incomplete information
affected the Village Board's decision to approve the license application
and whether the license should be adjusted or terminated in light
of such information.
B.
The Village Board shall cause a written notice of
any such hearing to be served upon the operator or upon the individual
apparently in charge of the adult-oriented use or establishment in
the manner of serving a summons under §§ 801.10
and 801.11(1), Wis. Stats., not less than 10 days before the date
of the hearing. The notice shall specify the alleged violation(s),
state the reason for the hearing, and state the date, time and place
of the hearing.
C.
If the Village Board finds that adjustments in the adult-oriented use license provisions are required to ensure that further similar violations are prevented, or in light of complete and accurate information, it may impose such additional or further requirements or conditions on the license as are reasonably designed to prevent further similar violations or to deal with the situation presented by complete and accurate information, and may suspend such license for a reasonable period of time while such adjustments are being made and while related requirements or conditions are being implemented or satisfied. If the Village Board finds that the operator has intentionally committed, authorized, approved or knowingly acquiesced in a serious violation of the provisions of this chapter or of a license issued pursuant to this chapter, or if a felony has been committed at the adult-oriented use or establishment for which the operator is responsible pursuant to § 108-17AA of this chapter, or if the Village Board finds, based on a substantial pattern of violations of this chapter or of a license issued pursuant to this chapter committed by the operator or for which the operator is responsible pursuant to § 108-17AA of this chapter, that a reasonable probability exists that violations will continue, it may terminate the license. If the Village Board finds, in a situation where the operator provided materially inaccurate, misleading or incomplete information in or with a license application, that it would not grant an adult-oriented use license based on the current information (or lack thereof) that it has, or if the license it would grant would have different provisions in light of such information or the lack thereof, it may terminate or adjust the license, and may suspend the license until satisfactory information is provided and/or for a reasonable period of time while such adjustments are being made and while related requirements or conditions are being implemented or satisfied.
D.
The operator may be represented by legal counsel at such a hearing and may make legal arguments, present evidence and call, examine and cross-examine witnesses. The proceedings shall be recorded by a recording device or stenographer. Exhibits shall be marked and preserved. The Village Board shall make findings of fact and conclusions of law to support any decision to suspend, adjust or terminate a license. If a license is terminated pursuant to this § 108-14, the operator shall not file an application for a new license within one year after the date of termination.
At the option of the operator, any denial by the Village Board of an initial adult-oriented use license application or of an application to renew or amend such a license, or any adjustment, suspension or termination of such a license by the Village Board, or the imposition of any requirement or condition by the Village Board, or any determination by the Community Development Department that a condition of approval has not been satisfied, may be appealed by the operator to the Village Zoning Board of Appeals in accordance with the procedure and with the effect set out in Chapter 18, Article V, Zoning Board of Appeals, but if the operator wishes to challenge any such denial, condition or determination directly in court, the Village Board shall waive any defense based on the operator's failure to exhaust administrative remedies. Any denial by the Village Clerk of an adult-oriented use work permit may similarly be appealed by the applicant to the Village Zoning Board of Appeals, but if the applicant wishes to challenge such denial directly in court, the Village shall waive any defense based on the applicant's failure to exhaust administrative remedies.
The portions of any adult-oriented use or establishment
open or proposed to be open to any customers or members of the public
shall be subject to inspection by Village inspectors or police officers
at any time such use or establishment is open to the public to determine
compliance with the requirements of this chapter or of any license
issued pursuant to this chapter. The filing of an application for
an adult-oriented use license (or for the renewal, amendment or minor
modification of such license) shall constitute consent to any such
inspection.
The following requirements or prohibitions shall
apply to licensed adult-oriented uses and establishments:
A.
The operator (if the operator is an individual), all individuals identified in response to § 108-6B(4) of this chapter, and all employees and entertainers working, providing services or entertaining in an adult-oriented use or establishment shall be at least 18 years of age.
B.
Any adult-oriented use shall be conducted entirely
within a principal building.
C.
All adult-oriented uses located and conducted together
in the same principal building, and all related indoor accessory uses,
shall be located within the same physically separate defined area
of a principal building, and no other uses shall be permitted in such
defined area except as expressly approved in an adult-oriented use
license.
D.
Any adult-oriented use license shall either designate an entire principal building as the physically separate defined area or shall precisely designate the location of the boundary of such defined area and specify the approved means of physically separating such defined area from other portions of the building or, if applicable, from other portions of the applicable unit of a building. In the event that an adult-oriented use license fails to designate the applicable physically separate defined area, however, any designation of such defined area made pursuant to Chapter 420, Zoning Ordinance, shall be deemed to be controlling, and in the absence of such a designation, the entire building shall be deemed to be included in such area.
E.
An adult-oriented use license shall not be issued for any adult-oriented use or establishment if the operator, use(s) or related operation or layout in question fail to satisfy any applicable requirements of this chapter, Chapter 420, Zoning Ordinance, or any other Village ordinance.
F.
An individual shall not appear live and publicly in an adult-oriented use or establishment while completely nude. A female individual shall not appear live and publicly in an adult-oriented use or establishment without wearing at least opaque pasties and an opaque G-string. A male individual shall not appear live and publicly in an adult-oriented use or establishment without wearing at least an opaque G-string. An individual appearing live and publicly in an adult-oriented use or establishment shall not uncover or expose to view his or her genitals or anus, and a female individual appearing live and publicly in an adult-oriented use or establishment shall not uncover or expose to view the areola or nipple of her breast. The operator shall not permit an individual appearing live and publicly in an adult-oriented use or establishment to violate this Subsection F.
G.
A seminude individual shall not appear live and publicly in any adult-oriented use or establishment other than on a raised platform or stage that is at least 23 inches above the surrounding floor areas. A seminude individual shall not appear live and publicly in an adult-oriented use or establishment in an area that is not open to and viewable by customers and members of the public generally who are within the physically separate defined area occupied by the adult-oriented use in which such individual is appearing. The operator shall not permit a seminude individual appearing live and publicly in an adult-oriented use or establishment to violate this Subsection G.
H.
The raised platform or stage on which any seminude
individual appears live and publicly in an adult-oriented use or establishment
shall be separated from any area of such use or establishment where
any members of the public or customers are permitted to sit, stand,
move about or dance by a separation zone consisting of not less than
six feet of space (measured horizontally from the closest edge of
the raised platform or stage), and a rigid physical barrier not less
than 30 inches high at the outer periphery of such separation zone.
A customer or member of the public shall not sit, stand, move about
or dance within such six-foot separation zone while a seminude individual
is appearing live and publicly in such adult-oriented use or establishment.
The operator shall not permit a customer or member of the public in
an adult-oriented use or establishment to so occupy such six-foot
separation zone while a seminude individual is appearing live and
publicly in such use or establishment.
J.
An individual less than 18 years of age shall not
enter or remain in the physically separate defined area of a building
in which an adult-oriented use is located. The operator of an adult-oriented
use or establishment shall not permit any individual less than 18
years of age to enter or remain in the physically separate defined
area of a building in which an adult-oriented use is located. The
age limit shall be prominently and clearly posted at all entrances
to the physically separate defined area of a building in which an
adult-oriented use is located.
K.
A seminude individual appearing live in an adult-oriented
use or establishment shall not be visible to anyone outside the physically
separate defined area of a building occupied by such use.
L.
Adult-oriented printed or graphic materials (including,
without limitation, any advertising or packaging materials that are
themselves adult-oriented printed or graphic materials) that are displayed
within an adult-oriented use or establishment shall not be visible
to anyone outside the physically separate defined area of a building
occupied by such use.
M.
An adult-oriented movie or other adult-oriented motion-picture
materials being shown in an adult-oriented use or establishment shall
not be visible to anyone outside the physically separate defined area
of a building occupied by such use.
N.
An adult-oriented use or establishment shall comply with all applicable requirements of Chapter 420, Zoning Ordinance, and of all other Village ordinances.
O.
An adult-oriented use license shall not be granted for the operation of an adult-oriented use or establishment in the same building as a residential use or a motel or hotel use, unless both the adult-oriented use or motel or hotel use and the residential use are existing allowed uses pursuant to Chapter 420, Zoning Ordinance, and the only way to access the residential use or motel or hotel use is by an exterior entrance that is completely separate from the adult-oriented use(s) or establishment.
P.
An individual who appears live and publicly in a seminude
condition in an adult-oriented use or establishment shall not socialize
or mingle with customers or members of the public or private customers
or members in such use or establishment, and shall not work as a bartender,
waitress, waiter, hostess or host, or in any other capacity in such
use or establishment that involves direct contact with customers or
members of the public in such use or establishment, during the eight
hours immediately before or after so appearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Q.
An operator shall not permit any criminal activity
in an adult-oriented use or establishment.
R.
A seminude individual appearing live and publicly in an adult-oriented use or establishment shall not touch any customer or member of the public in such use or establishment, or voluntarily allow himself or herself to be touched by a customer or member of the public in such use or establishment. A customer or member of the public in an adult-oriented use or establishment shall not touch a seminude individual appearing live and publicly in such a use or establishment and shall not voluntarily allow himself or herself to be touched by a seminude individual appearing live and publicly in such a use or establishment. These restrictions on touching shall be applicable, without limitation, to any touching in connection with the acceptance or giving a tip or other gratuity. The operator shall not permit a customer, member of the public or seminude individual appearing live and publicly in an adult-oriented use or establishment to violate this Subsection R.
S.
A customer or member of the public in an adult-oriented use or establishment shall not be directly and physically involved in any entertainment involving the live public appearance of a seminude individual. The operator shall not permit a customer or member of the public to violate this Subsection S.
T.
A seminude individual appearing live and publicly
in an adult-oriented use or establishment shall not fondle or otherwise
touch in an erotic or indecent manner any other entertainer or employee
in an adult-oriented use or establishment or voluntarily permit herself
or himself to be fondled or otherwise touched in an erotic or indecent
manner by any other entertainer or employee in such a use or establishment.
U.
Any cubicle, booth or small room or other small enclosed
space having a floor area less than 100 square feet in an adult use
or establishment, which is used by customers or members of the public
for private viewing of adult-oriented materials or other similar purposes
(but not including a rest room), shall be completely open at one end
to the main room or to an interior aisle, shall be situated and arranged
so as to be easily inspected, shall contain seating for not more than
one individual, shall have walls not less than six feet high without
any openings separating it from any adjoining cubicles, booths or
small rooms or enclosed spaces. No more than one customer, member
of the public, employee or entertainer shall occupy any such cubicle,
booth, small room or other small enclosed space at any one time. The
operator shall not permit more than one individual to occupy any such
cubicle, booth, small room or other small enclosed space at any one
time.
V.
The hours that an adult-oriented use or establishment may be open to the public shall only be those periods of time that are permitted for such a use in the B-2 Zoning District by § 420-119K(1) of Chapter 420, Zoning Ordinance.
W.
An individual shall not perform or engage in any actual
specified sexual activities in an adult-oriented use or establishment.
The operator shall not permit any individual to perform or engage
in any such activities in an adult-oriented use or establishment.
X.
Except as otherwise specifically provided in this
chapter:
(1)
Each employee or entertainer working, performing any services or entertaining in an adult-oriented use or establishment shall possess a valid adult-oriented use work permit issued by the Village Clerk pursuant to § 108-18 of this chapter;
(2)
The operator shall not permit any employee or entertainer
to work, perform any services or entertain in an adult-oriented use
or establishment without possessing a valid adult-oriented use work
permit; and
(3)
Each employee or entertainer shall have a valid adult-oriented
use work permit on his or her person or readily accessible at all
times when working, performing any services or entertaining in an
adult-oriented use or establishment and shall display such permit
upon reasonable request by a Village inspector or police officer.
Y.
Any cubicle, booth or small room or other small enclosed
space having a floor area of less than 100 square feet, which is used
by customers or members of the public for private viewing of adult-oriented
materials or other similar purposes (but not including a rest room)
shall have interior surfaces that are light-colored, nonabsorbent
and easily cleaned. Such surfaces shall be maintained in a clean and
sanitary condition at all times.
Z.
All doorways, entryways or passageways within the
physically separate defined area of a building occupied by an adult-oriented
use through which any customers or members of the public are permitted
to pass, except exterior entrances/exits and rest rooms, shall not
be closed, or obstructed, or off limits to other customers or members
of the public unless specifically provided for in an adult-oriented
use license.
AA.
Every act or omission of an employee or entertainer
working, providing any services or entertaining in an adult-oriented
use or establishment, and every act or omission of a customer or member
of the public present in an adult-oriented use or establishment, which
violates this chapter or a license issued pursuant to this chapter
shall be deemed to be the act or omission and violation of the operator
if such act or omission occurred with the authorization, approval
or knowing acquiescence of the operator, or as a result of the operator's
negligent failure to supervise the conduct of the employee, entertainer,
customer or member of the public and diligent supervision by the operator
would reasonably have prevented the violation, and the operator shall
be punishable for such act or omission to the same extent as if the
operator committed or caused the act or omission.
BB.
The operator shall be responsible for advising employees,
entertainers, customers and members of the public in an adult-oriented
use or establishment of applicable requirements of this chapter and
of any license issued pursuant to this chapter. The operator shall
be responsible for closely supervising the activities and conduct
of all employees, entertainers, customers and members of the public
in an adult-oriented use or establishment in order to prevent violations
of this chapter and of any license issued pursuant to this chapter,
and to terminate any violations that do occur as rapidly as possible,
and to take such actions as may reasonably be required to prevent
any recurrence of any such violations.
CC.
Any adult-oriented use or establishment shall comply with the requirements of Chapter 420, Zoning Ordinance, and all other applicable Village ordinances.
DD.
The selling, serving, possession or consumption of alcoholic beverages
is strictly prohibited at all times inside or outside the building
or premises of all adult oriented uses or establishments.
[Added 6-26-2023 by Ord. No. 23-27]
After the effective date of this chapter any
employee or entertainer desiring to work, provide services or entertain
within the physically separate defined area of a building in which
an adult-oriented use or establishment licensed pursuant to this chapter
is located, while such use or establishment is open to customers or
the general public, shall obtain and possess a valid adult-use work
permit before commencing or continuing such work, services or entertaining.
The Village Clerk is authorized to issue such permits for periods
of 30 days or one year, depending on the work plans of the applicant.
A.
An application for an adult-oriented use work permit
shall be filed with the Village Clerk, on a form provided by the Village
and dated and signed by the applicant. The application shall include
the following information:
(1)
Name of the applicant and any aliases used within
the five years immediately preceding the date of the application;
(2)
Name and address of the adult-oriented use or establishment
where the applicant proposes to work, perform services or entertain,
the nature of the work, services or entertainment to be provided,
and the anticipated duration of the work, services or entertainment;
(3)
The street address and telephone number at which the
applicant can be contacted regarding the application and permit;
(4)
Applicant's date of birth;
(5)
Applicant's sex;
(6)
Applicant's race;
(7)
Applicant's state of residence currently and at any
time during the five years immediately preceding the date of the application;
(8)
Whether the applicant has been convicted during the five years immediately preceding the date of the application of any of the crimes specified in § 108-6B(7) of this chapter, and if so, the information about such conviction(s) required by that subsection; and
(9)
Whether the applicant has been adjudicated guilty
during the five years immediately preceding the date of application
of any ordinance violation occurring in or relating to the operation
of an adult-oriented use or establishment, and if so, the nature of
the ordinance violation, the date of the adjudication, and the court
and jurisdiction in which the adjudication occurred.
B.
Upon the filing of an application, the Village Clerk
shall request that the Village Police Department conduct a background
check on the applicant. Any information obtained by the Village Police
Department regarding the applicant shall be promptly provided to the
Village Clerk. If the application as filed is incomplete, the Village
Clerk shall notify the applicant, in writing, within three business
days after the date of filing, what additional information is required.
C.
The Village Clerk shall deny the permit if the applicant
is not at least 18 years of age or if the Clerk finds that a reasonable
probability exists that the applicant will violate the provisions
of this chapter or of a permit issued pursuant to this chapter, based
on a substantial pattern of noncompliant behavior during the five
years immediately preceding the date of the application or other clear
and convincing information. The Village Clerk shall state the reason(s)
for denial and notify the applicant of such reasons in writing within
five business days after the filing of a complete application and
the application fee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
If the applicant is at least 18 years of age, and the Village Clerk does not find that a reasonable probability of future violations exists, the Clerk shall issue the permit within five business days after a complete application and the application fee required by this chapter is filed. If the Village Clerk fails to act within the time provided in this § 108-18, a thirty-day permit shall be deemed to be issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
After the effective date of this chapter, except
as otherwise specifically provided in this chapter, it shall be unlawful
to, and no person shall:
A.
Operate an adult-oriented use or establishment without
possessing a valid adult-oriented use license;
B.
Operate an adult-oriented use or establishment other
than in accordance with the requirements of this chapter and of a
valid adult-oriented use license;
C.
Violate any provision of this chapter or of any license
issued pursuant to this chapter; or
D.
Provide materially false, misleading or incomplete
information in or with an application for an initial license pursuant
to this chapter, or for a renewal, amendment or minor modification
of such a license.
A.
Legal actions. The Village may institute any appropriate
legal actions or proceedings to enforce the provisions of this chapter
or of any license issued pursuant to this chapter by means of forfeitures
or penalties, injunction of violations, abatement or nuisances, or
otherwise as provided by law.
B.
Forfeitures; penalties. Any person who violates the
provisions of this chapter shall, upon conviction, forfeit not less
than $250 nor more than $1,000 for each violation, plus the costs
of prosecution. Each day that a violation exists or continues shall
constitute a separate violation. The penalty for default of payment
of any such forfeiture and costs shall be imprisonment in the Kenosha
County Jail until payment thereof, but not exceeding 90 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Adjustment, suspension, termination of license. The Village Board may adjust, suspend or terminate a license issued pursuant to this chapter in accordance with § 108-14 of this chapter for violations of this chapter or of any license issued pursuant to this chapter that are committed by the operator or for which the operator is responsible pursuant to § 108-17AA of this chapter.
Any individual representing and appearing or
speaking for an operator in any dealings with the Village Board or
with the Community Development Department shall be deemed to be an
authorized representative of the operator unless the operator has
specifically advised the Village in writing that such individual is
not to be regarded as an authorized representative or is only to be
regarded as an authorized representative with respect to certain specified
matters.
In the event of any discrepancy between a requirement
imposed by the Village Board pursuant to this chapter and a requirement
imposed pursuant to any other Village ordinance, the more stringent
requirement shall control.
Possession by an operator of a valid adult-oriented
use license shall not eliminate the need to obtain any other license,
permit or approval required by any Village ordinance. Notwithstanding
any other provision of a Village ordinance to the contrary, any complete
application for a Village license, permit or approval needed by an
adult-oriented use or establishment shall be deemed to be automatically
granted if the application is not decided within 45 days after the
date of filing (or the date of completion, if later than the date
of filing) and the payment of any applicable application fee, and
the Village shall issue a written notice to the operator of any required
additional information needed to complete any such application within
10 business days after the date of filing.
As used in this chapter, certain words, terms
and phrases are defined as follows:
A use of real property that is related, subordinate and customarily incidental to a particular principal use, or a use that is specifically recognized by Chapter 420, Zoning Ordinance, as an accessory use in relation to a particular principal use, and which is located on the same lot or on the same approved site as such principal use. (Note: An indoor accessory use related to an adult-oriented use must be located within the same physically separate defined area of the principal building occupied by such adult-oriented use, pursuant to § 108-17C of this chapter.)
See definition for "convicted" below.
A use or establishment that sells at retail adult-oriented
printed or graphic materials, provided that 40% or more of the store's
inventory of printed or graphic materials that are displayed and offered
for sale in the store (either in terms of the number of items or in
terms of the aggregate retail value of such items) consists of adult-oriented
printed or graphic materials, or that 40% or more of the display space
or floor area devoted to printed or graphic materials for sale in
the store is devoted to adult-oriented printed or graphic materials,
or that 40% or more of the store's gross receipts from the sale of
printed or graphic materials during any calendar month within the
past 12 calendar months are attributable to the sale of adult-oriented
printed or graphic materials, or that the store holds itself out or
identifies itself to the public by its name, its signs and/or its
advertising as an adult bookstore or as a substantial source of adult-oriented
materials including, without limitation, by verbal or pictorial allusions
to sexual stimulation or gratification or by references to "adult
books," "adult entertainment," "exotic entertainment" or similar terms.[1]
A use or establishment that would be classified as an adult
dry cabaret or adult viewing facility except that it is operated as
a private club that is open only to members and their guests.
[Amended 6-26-2023 by Ord. No. 23-27]
A use or establishment, open to members of the public, that
does not serve or sell alcoholic beverages, and which typically or
on a frequently recurring basis provides or allows the provision of
adult live entertainment to its customers, or which holds itself out
or identifies itself to the public by its name, its signs and/or its
advertising as an adult dry cabaret or an establishment where adult
live entertainment is typically available or available on a frequently
recurring basis including, without limitation, by verbal or pictorial
allusions to sexual stimulation or gratification or by references
to "adult entertainment," "exotic entertainment," "strippers," "showgirls,"
"exotic dancers," "gentlemen's club" or similar terms relating to
either or both sexes.
Seminude dancing or any other form of live entertainment
performed by seminude entertainers.
A use or establishment, open to the public, that typically
or on a frequently recurring basis shows movies which have as their
dominant subject or theme, or which are distinguished or characterized
by their primary emphasis on, the depiction or description of specified
sexual activities or specified anatomical areas, or that holds itself
out or identifies itself to the public by its name, its signs and/or
its advertising as an adult movie theater or a movie theater where
adult-oriented motion-picture materials are typically shown or shown
on a frequently recurring basis including, without limitation, by
verbal or pictorial allusions to sexual stimulation or gratification
or by references to "adult entertainment," "exotic entertainment"
or similar terms.
A business, private club or other use conducted at a particular
location, which constitutes or includes one or more adult-oriented
uses, and the building or portion of a building where it is operated.
Adult-oriented printed or graphic materials and/or adult-oriented
motion-picture materials.
Motion-picture materials which have as their dominant subject
or theme, or which are distinguished or characterized by their primary
emphasis on, the depiction or description of specified sexual activities
or specified anatomical areas.
Printed or graphic materials that have as their dominant
subject or theme, or that are distinguished or characterized by their
primary emphasis on, the depiction or description of specified sexual
activities or specified anatomical areas.
An adult bookstore, adult club, adult movie theater, adult
dry cabaret, adult video store, adult video rental store or adult
viewing facility.
[Amended 6-26-2023 by Ord. No. 23-27]
A use or establishment that sells at retail adult-oriented
motion-picture materials, provided that 40% or more of the store's
inventory of motion-picture materials that are displayed and offered
for sale in the store (either in terms of the number of items or in
terms of the aggregate retail value of such items) consists of adult-oriented
motion-picture materials, or that 40% or more of the display space
or floor area devoted to motion-picture materials for sale in the
store is devoted to adult-oriented motion-picture materials, or that
40% or more of the store's gross receipts from the sale of motion-picture
materials during any calendar month within the past 12 calendar months
are attributable to the sale of adult-oriented motion-picture materials,
or that the store holds itself out or identifies itself to the public
by its name, its signs and/or its advertising as an adult video store
or as a substantial source of adult-oriented materials including,
without limitation, by verbal or pictorial allusions to sexual stimulation
or gratification or by references to "adult videos," "adult entertainment,"
"exotic entertainment" or similar terms.
A use or establishment that rents at retail motion-picture
materials, provided that 40% or more of the store's inventory of motion-picture
materials that are displayed and offered for rent in the store (either
in terms of the number of items or in terms of the aggregate rental
value of such items) consists of adult-oriented motion-picture materials,
or that 40% or more of the display space or floor area devoted to
motion-picture materials for rent in the store is devoted to adult-oriented
motion-picture materials, or that 40% or more of the store's gross
receipts from the rental of motion-picture materials during any calendar
month are attributable to the rental of adult-oriented motion-picture
materials, or that the establishment holds itself out to the public
by its name, its signs and/or its advertising as an adult video rental
store or as a substantial source of adult-oriented materials including,
without limitation, by verbal or pictorial allusions to sexual stimulation
or gratification or by references to "adult videos," "adult entertainment,"
"exotic entertainment" or similar terms.
A use or establishment, open to members of the public, that
allows individuals to view adult-oriented motion-picture materials
on site, provided that 40% or more of the motion-picture materials
available for such on-site viewing consist of adult-oriented motion-picture
materials, or that 40% or more of the display space or floor area
devoted to motion-picture materials that can be viewed in the establishment
is devoted to adult-oriented motion-picture materials, or that 40%
or more of the motion-picture materials actually viewed in the establishment
in any calendar month within the past 12 calendar months are adult-oriented
motion-picture materials, or that 40% or more of the establishment's
gross receipts from on-site viewing of motion-picture materials during
any calendar month within the past 12 months are attributable to the
viewing of adult-oriented motion-picture materials, or that the establishment
holds itself out or identifies itself to the public by its name, its
signs and/or its advertising as an adult viewing facility or as a
substantial source of adult-oriented materials including, without
limitation, by verbal or pictorial allusions to sexual stimulation
or gratification or by references to "adult videos," "adult entertainment,"
"exotic entertainment" or similar terms.
Appear in areas of an adult-oriented use or establishment
to which customers or members of the public are admitted (other than
a rest room) so as to be visible to any customer or member of the
public in such use or establishment.
Any roofed structure that provides or is designed to provide
housing, shelter, enclosure, protection or support for persons, animals
or property. Whenever any portion of a building is completely separated
from every other portion of the building by a fire division wall without
pedestrian openings, it shall be deemed to be a separate attached
building.
A use or establishment, open to members of the public, in
which alcoholic beverages are served or sold by the drink, and which
provides or allows the provision of live entertainment to its customers.
A use that has been legislatively approved in Chapter 420, Zoning Ordinance, for a particular zoning district, subject to required administrative approval by the Village Plan Commission of a particular proposed use of that type at a particular proposed location (in the form of a conditional use permit), in light of potential problems or potential adverse impacts associated with that type of use. A conditional use may require other Village permits, licenses or approvals in addition to the conditional use permit.
An unvacated adjudication of guilt or other determination
in a court of original jurisdiction or an authorized administrative
tribunal that a person has violated or failed to comply with the law,
including without limitation, a plea of guilty or no contest accepted
by a court, payment of a fine or court cost, an unvacated forfeiture
of property deposited to secure the person's appearance in court,
or an adjudication of having violated a local ordinance.
Conduct which is prohibited by state law and punishable by
fine or imprisonment or both. Conduct punishable only by forfeiture
is not a crime.
An individual who:
Is allowed to enter an adult-oriented use or
establishment in return for the payment of an admission fee or any
other form of consideration or gratuity,
Enters an adult-oriented use or establishment
and purchases, rents or otherwise partakes of any merchandise, goods,
entertainment or other services offered therein, or
Is a member of (or the guest of such a member)
and on the premises of an adult-oriented use or establishment that
is operated as a private club.
A use or establishment, open to members of the public, that
provides or allows the provision of live entertainment to its customers,
and that does not serve or sell alcoholic beverages, exclusive of
theaters, dinner theaters, concert facilities and organized sporting
events.
Any individual who works in or provides any services in an
adult-oriented use or establishment, while open to customers, members
of the public or members, without regard to the nature of such individual's
relationship with the operator.
Any individual who provides live entertainment in an adult-oriented
use or establishment, whether or not compensation is received for
such entertainment, and without regard to the nature of such individual's
relationship with the operator.
A business, private club or other use conducted at a particular
location and the building or portion of a building where it is operated.
Occurring on six or more occasions within a period of six
consecutive calendar months, provided that such six or more occasions
occur within at least three separate calendar weeks (i.e., the period
of seven consecutive days beginning with Sunday and ending with Saturday).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
An accessory use conducted inside a building, e.g., not including
outdoor parking, fencing, landscaping, etc.
To personally deliver a written notice, to mail such a notice
by prepaid first class United States mail or certified mail, return
receipt requested, or by transmitting such notice by facsimile or
e-mail if the operator has provided a fax number or e-mail address
in the license application.
Individuals who are neither employees nor entertainers in
an adult-oriented use or establishment.
A modification of the physical layout of the physically separate
defined area of a building occupied by an adult-oriented use or of
the operation of an adult-oriented use, as approved by the Village
Board in approving an application for an adult-oriented use license
(or in approving an application for renewal or amendment of such a
license), or as approved by the Community Development Director or
the Director's designee in approving the issuance of a minor modification
to such a license, or a modification of the terms of an adult-oriented
use license, which:
Is minor in scope;
Has no potential to create or increase the risk
of harmful secondary effects of the adult-oriented use(s) in question;
Is not contrary to any requirement of this chapter, Chapter 420, Zoning Ordinance, or any other Village ordinance;
Does not involve the addition of any new use
within the applicable physically separate defined area; and
Does not involve an expansion of any adult-oriented
use or any related indoor accessory use or of the approved physically
separate defined area occupied by such use(s).
Videotapes, films, disks, slide shows, or other recordings
of visual images from which motion pictures or a series of still pictures
can be projected or reproduced and viewed, with or without audio accompaniment.
An existing use that was lawful in its inception, but that has subsequently become either a prohibited use under Chapter 420, Zoning Ordinance, or a use requiring a conditional use permit which has not been granted, and that was active and actual at the time the use became nonconforming (as distinguished from being merely casual, occasional, incidental or accessory), and that has been continuous with no gap of 12 or more consecutive months since it became a nonconforming use, and that has not been physically expanded or extended to occupy a greater area since the use became nonconforming, and that does not occupy a building or other structure that has been structurally altered or repaired to the extent of 50% or more of its assessed value since the use became nonconforming.
The hours during which members of the public or customers
are invited onto or permitted to remain on the premises of an adult-oriented
use or establishment.
Any person that owns, operates or conducts an adult-oriented
use or establishment; also, the person that is required to apply for
an adult-oriented use license and the person to whom or to which an
adult-oriented use license is issued.
An individual, corporation, limited liability company, partnership,
joint venture, trust, association or any other type of legally recognized
entity.
The area of a principal building or of a unit of a principal
building occupied by one or more specified uses (such as an adult-oriented
use), which area is defined in an approved site and operational plan,
conditional use permit or special Village license (such as an adult-oriented
use license) and is physically separated from other portions of the
building or other portions of a particular unit of the building by
walls, doorways, floor stripes, signs and/or other approved means
which individually or collectively make it readily apparent that one
is entering or leaving the defined area.
A building occupied by or used for one or more principal
uses [and, if applicable, occupied by or used for one or more accessory
uses related to such principal use(s)].
A primary use of real property, including any use that is
not an accessory use to a principal use conducted on the same lot
or site.
Books, magazines, newspapers, periodicals, calendars, posters,
cards, photographs, pictures, drawings, covers or other packaging
for merchandise or any other similar printed or graphic materials.
Any use, development, structure, alteration, modification, etc., for which a license, permit or approval is required by this chapter or Chapter 420, Zoning Ordinance, which has not yet been issued or granted, regardless of whether or not the permit or approval has been requested, and regardless of whether or not the use, development, structure, alteration, modification, etc., is existing or has been commenced, constructed, installed or completed.
When any portion of human genitals, pubic region, buttocks
or anus, or any portion of the human female breast below the top of
the areola, is not completely and opaquely covered.
Any use requiring a special Village license, e.g., an adult-oriented
use license or a business license. A special licensed use can only
be conducted pursuant to and in accordance with a required Village
license, and the granting of such a license is not assured either
by permitted use zoning status or by the granting of a conditional
use zoning permit or of any other Village permit or approval. A special
licensed use may require other Village permits or approvals.
[Amended 6-26-2023 by Ord. No. 23-27]
Less than completely covered human genitals, pubic region,
anus, buttocks and female breast below a point immediately above the
top of the areola; and human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
Simulated or actual acts of human sexual intercourse, fellatio,
cunnilingus, sodomy, masturbation, sadomasochistic abuse, bestiality
or necrophilia; or simulated or actual physical contact, in an act
of apparent sexual stimulation or gratification, with a person's clothed
or unclothed genitals, pubic area, anus or buttocks or with a female
person's breast; or a person's simulated or actual use of an inanimate
object in an act of apparent sexual stimulation or gratification.
A use devoted exclusively or primarily to the retail sale
or rental of goods or products.
The specified area of a building in which a tenant or other
person has a right of use and occupancy for nonresidential purposes,
e.g., a store space in a shopping center building or a suite of offices
in an office building.
The employment and/or occupancy of particular real property for a particular purpose or purposes; or a particular use of real property that is specifically recognized by Chapter 420, Zoning Ordinance. (Note: "use" is intended to be sufficiently elastic to refer simultaneously to the most limited possible hypothetical use, e.g., the retail sale of books, and to an actual use of which such hypothetical use is a component, e.g., a combined bookstore/coffeehouse.)
Uses conducted in the same building by the same owner or
operator as part of the same business, company, firm or organization.
Two or more principal uses located in the same principal building, if there are no units of such building, or two or more principal uses located in the same unit of a building; provided, however, that uses located in different physically separate defined areas of a building, approved pursuant to Chapter 420, Zoning Ordinance, or this chapter, will be deemed not to be located together.
An adult-oriented use license that has been approved by the
Village Board and issued to an operator pursuant to this chapter,
and which has not expired, or been terminated, or been adjudged to
be invalid by a court of competent jurisdiction, and which is not
currently suspended.
The Village of Pleasant Prairie, Wisconsin.
The Board of Trustees of the Village of Pleasant Prairie,
Wisconsin.
[1]
Editor's Note: The former definition of "adult cabaret," which
immediately followed, was repealed 6-26-2023 by Ord. No. 23-27.
