A.Â
The Village of Theresa, by its Village Board, has determined
that lewd conduct in the public domain, within the Village, presents substantial
risk of promoting promiscuity, prostitution, and sexually transmitted disease,
destroys the quality of life, is injurious to families, increases the incidence
of juvenile delinquency, crime, and disorderly conduct, and reduces property
values, blights the Village neighborhoods, and is detrimental to the health
and welfare of the citizens of the Village.
B.Â
Adult-oriented establishments, by their nature, design
and intended use, are conducive to high-risk sexual behavior. Such high-risk
sexual behavior has the potential of exposing persons to, among other things,
the Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome
(AIDS). AIDS is currently determined to be irreversible and uniformly fatal.
This chapter is created to provide minimum standards for such adult-oriented
establishments in order to protect the general health, safety and welfare
of the citizenry by regulating those features of adult-oriented establishments
which tend to facilitate and promote high-risk sexual behavior and by providing
regulations which aid in the surveillance and detection of unlawful activities
within such premises.
C.Â
Business establishments may have considered the possibility
of adult entertainment for their patrons featuring nude or seminude performers.
The Village Board of the Village of Theresa has determined that such conduct
or activities can be detrimental to the citizens of the Village of Theresa.
Such entertainment reduces property values, destroys the quality of life,
increases the incidence of crime, disorderly conduct, and juvenile delinquency,
poses health threats to the public, and may be incompatible with nearby commercial,
residential or agribusiness uses. The purpose of this chapter is to regulate
such entertainment within the Village of Theresa.
D.Â
The Village Board of the Village of Theresa, upon due
consideration, has therefore determined that lewd conduct is a proper subject
for regulation within the Village of Theresa. In making licensing determinations
under this chapter, the Village Board and other reviewing authorities shall
be guided by the policy considerations of this section.
The following definitions are applicable in this chapter:
The State of Wisconsin.
Has the meaning specified in § 71.01(6), Wis. Stats.
The showing of the human male or female genitals, pubic area or buttocks
with less than a full opaque covering, or the showing of the female breast
with less than a fully opaque covering of any portion there of below the top
of the nipple, or the depiction of covered male genitals in a discernibly
turgid state.[1]
A writing, picture, film or other recording which:[2]
The average person, applying contemporary community standards, would
find appeals to the prurient interest if taken as a whole;
Under contemporary community standards, describes or shows sexual conduct
in a patently offensive way; and
Lacks serious literary, artistic, political, educational or scientific
value, if taken as a whole.
A live exhibition before an audience which:
The average person applying contemporary community standards would find
appeals to the prurient interest if taken as a whole;
Under contemporary community standards, describes or shows sexual conduct
in a patently offensive way; and
Lacks serious literary, artistic, political, educational or scientific
value, if taken as a whole.
The commission of any of the following: sexual intercourse, sodomy,
bestiality, necrophilia, human excretion, masturbation, sadism, masochism,
fellatio, cunnilingus or lewd exhibition of human genitals.
Physical sexual contact between individuals that involves the genitalia
of at least one person, including but not limited to heterosexual intercourse,
sodomy, fellatio, or cunnilingus.
Any transfer for a valuable consideration of obscene material for
purposes of resale or commercial distribution or any distribution of obscene
material for commercial exhibition. "Wholesale transfer or distribution of
obscene material" does not require transfer of title to the obscene material
to the purchaser, distributee or exhibitor.
A.Â
Any person who, within the Village of Theresa municipal
limits, knowingly or intentionally, in a public place, does any of the following
commits public indecency:
B.Â
In addition to any other actions allowed by law or taken
by the Village Board and/or committee thereof, including the action of applicable
license revocation or nonrenewal, anyone who violates any of the provisions
of this section may forfeit not less than $250 and not more than $2,000 for
each offense, together with the costs of prosecution. If such forfeiture and
costs are not paid, such person so convicted may be subject to any civil penalties
or other penalties available by law.
A.Â
HARMFUL TO MINORS
KNOWINGLY
(1)Â
(2)Â
KNOWLEDGE OF THE MINOR'S AGE
MINOR
NUDITY
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
SEXUAL EXCITEMENT
Definitions. As used in this section, the following terms
shall have the meaning indicated:
That quality of any description or representation, in whatever form,
of nudity, sexual conduct, sexual excitement or sadomasochistic abuse which,
taken as a whole, appeals to the prurient interest in sex, which taken as
a whole portrays sexual conduct in a patently offensive way, and which taken
as a whole does not have serious literary, artistic, political or scientific
value. Whether a work appeals to the prurient interest and whether it depicts
or describes sexual conduct in a patently offensive way and whether it has
serious literary, artistic, political or scientific value are to be determined
by applying contemporary community standards in the adult community as a whole
with respect to what is suitable material for minors.
Having general knowledge of, or reason to know, or a belief or ground
for belief which warrants further inspection or inquiry of both:
The character and content of any material described herein which is
reasonably suspect under this section; and
The age of the minor; provided, however, that an honest mistake shall
constitute an excuse from liability hereunder if the defendant made a reasonable,
bona fide attempt to ascertain the true age of such minor.
Any person under the age of 18 years.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound or otherwise
physically restrained on the part of one so clothed.
The condition of human male or female genitals when in a state of
sexual stimulation or arousal.
B.Â
Unlawful exhibitions. It shall be unlawful for any person
knowingly to exhibit for a monetary consideration to a minor or knowingly
to sell to a minor an admission ticket or pass or knowingly to admit a minor
for a monetary consideration to premises whereon there is exhibited a motion
picture, show or other presentation which in whole or in part depicts nudity,
sexual conduct or sadomasochistic abuse and which is harmful to minors, unless
such minor is accompanied by his parent or legal guardian.
C.Â
Unlawful monetary consideration. It shall be unlawful
for any person knowingly to sell or loan for monetary consideration to a minor:
(1)Â
Any picture, photograph, drawing, sculpture, motion-picture
film or similar visual representation or image of a person or portion of the
human body which depicts nudity, sexual conduct or sadomasochistic abuse and
which is harmful to minors.
(2)Â
Any book, pamphlet, magazine, printed matter, however produced, or sound recording which contains any material enumerated in Subsection C(1) hereof or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
D.Â
Unlawful admission of minors. It shall be unlawful for
any person knowingly to admit a minor to any premises whereon there is exhibited
nudity, sexual conduct or sadomasochistic abuse which is harmful to minors
unless such minor is accompanied by his/her parent or legal guardian.
