It is the purpose of this article to regulate sexually oriented adult
entertainment establishment businesses (hereinafter referred to as "adult
establishment") to promote the health, safety, morals, and general welfare
of the citizens of the Village of Theresa, to aid in the alleviation and prevention
of the adverse and deleterious effects of criminal activity and disruption
of the public peace associated with such establishments, and to establish
reasonable and uniform regulations to prevent the serious health hazards associated
with unsafe and unsanitary conditions known to exist in those establishments
and to alleviate the spread of sexually transmitted diseases and other contagious
diseases in those establishments.
For the purpose of this article, the following terms shall have the
meaning indicated:
OPERATOR
Any person operating, conducting, maintaining or owning any adult-oriented
establishment.
SEXUALLY ORIENTED ADULT ENTERTAINMENT ESTABLISHMENT
Includes bookstores, motion-picture theaters, mini motion-picture
theaters, bathhouses, modeling studios, and body painting studios, more specifically
defined as follows:
A.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock and trade in books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein. This includes an establishment having as its stock-in-trade, for sale, rent, lease, inspection or viewing, books, films, videocassettes, motion pictures, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas and in conjunction therewith have facilities for the presentation of adult entertainment, including adult-oriented videotapes, films, motion pictures or other offered entertainment, for observation by patrons therein.
B.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons at which a significant or substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
C.
ADULT MOTION-PICTURE THEATER (OUTDOOR)A parcel of land from which individuals may view a motion picture presented out of doors which presents material distinguishably characterized by an emphasis on matter depicting, describing, or relating to specified sexual activity or specified anatomical areas.
D.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for fewer than 50 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein, including establishments that have coin-operated video or motion-picture booths.
E.
ADULT BATHHOUSEAn establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities as defined in this article.
F.
ADULT MOTELA hotel, motel, or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures,
videocassettes, slides, or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas; and which may have a sign visible from the public right-of-way
which advertises the availability of this adult type of photographic reproductions;
(2)
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
(3)
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
G.
ADULT MODELING STUDIOAn establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially nude by means of photography, painting, sketching, drawing or otherwise.
H.
ADULT BODY PAINTING STUDIOAn establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this article, the adult body painting studio shall not be deemed to include a tattoo parlor.
I.
ADULT NOVELTY SHOPAn establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, specified sexual activities as defined herein or stimulating such activity.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered:
A.
Human genitals; public region.
C.
Female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse, or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region, buttock,
or female breasts.
D.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
A nonrefundable license application fee of $500 shall be submitted with
the application for a license.
The license shall be displayed in a conspicuous public place in the
adult establishment.
Any adult establishment having open for customers, patrons, or members
any booth, room, or cubicle for the private viewing of any sexually oriented
adult entertainment must comply with the following requirements:
A. Access. Each booth, room, or cubicle shall be totally
accessible to and from aisles and public areas of the adult establishments
and shall be unobstructed by any door, lock, or other control-type devices.
B. Construction. Every booth, room, or cubicle shall meet
the following construction requirements:
(1) Each booth, room, or cubicle shall be separated from
adjacent booths, rooms, cubicles, and any nonpublic areas by a wall.
(2) Each booth, room, or cubicle shall have at least one
side totally open to a public lighted aisle so that there is an unobstructed
view at all times of anyone occupying the same.
(3) All walls shall be solid and without any openings, extended
from the floor to a height of not less than six feet, and be light colored,
nonabsorbent, smooth textured and easily cleanable.
(4) The floor must be light colored, nonabsorbent, smooth
textured and easily cleanable.
(5) The lighting level of each booth, room, or cubicle, when
not in use, shall be a minimum of 10 footcandles at all times, as measured
from the floor.
C. Occupants. Only one individual shall occupy a booth,
room or cubicle at any time. No occupant of the same shall engage in any type
of sexual activity, cause any bodily discharge or litter while in the booth.
No person shall alter, damage or deface any portion of any such booth, room
or cubicle in such a manner that it no longer complies with the provisions
of this section.
All private schools and public schools, as defined in Ch. 115, Wis.
Stats., located within the Village of Theresa are exempt from obtaining a
license hereunder when instructing pupils in sex education as part of their
curriculum.
In addition to any other actions allowed by law or taken by the Village
Board, including the action of license revocation or nonrenewal, anyone who
violates any of the provisions of this article may forfeit not less than $250
but not more than $2,000 for each and every 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.