[HISTORY: Adopted by the Town Board of the Town of Vernon 12-16-1999
by Ord. No. 99-3. Amendments noted where applicable.]
A.
The Town Board finds that adult-oriented establishments
operating in the Town require special licensing by the Town in order to protect
and preserve the health, safety, and welfare of the patrons of such businesses
as well as the citizens of the Town.
B.
Based on a review of studies conducted in Phoenix AZ,
Garden Grove CA, Los Angeles CA, Whittier CA, Indianapolis IN, Minneapolis
MN, St. Paul MN, Cleveland OH, Oklahoma City OK, Amarillo TX, Austin TX, Beaumont
TX, Houston TX, and Seattle WA and the findings incorporated in City of Renton
v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Coleman A. Young v. American
Mini-Theaters, Inc., 427 U.S. 50 (1976), the Town finds that adult-oriented
establishments are frequently used for sexual liaisons of a casual nature
and unlawful sexual activities, including prostitution.
C.
It has been documented that entertainers in adult-oriented
establishments offer to perform sexual acts for patrons, and that sexual contact
occurs between patrons and other employees of adult-oriented establishments.
D.
There is convincing documented evidence that booths,
rooms or cubicles in adult-oriented establishments have been used by patrons
for the purpose of engaging in specified sexual activities or in high-risk
sexual behavior and configuration of the interior of the premises is an important
factor in combating such activities.
E.
The State of Wisconsin Department of Health and Family
Services has published reports that have been considered by the Town relating
to the subject of sexually transmitted diseases, and the concern over sexually
transmitted diseases is a legitimate concern of the Town in order to protect
the health and well-being of its citizens.[1]
F.
The State of Wisconsin has seen a steady increase in
several types of sexually transmitted diseases since 1986.
G.
Researchers have found that contracting sexually transmitted
diseases may increase a person's vulnerability to Human Immuno-Deficiency
Virus (HIV), the virus that causes AIDS (Acquired Immune Deficiency Syndrome)
and some types of cancer.
H.
AIDS is a sexually transmitted disease which destroys
the body's immune system.
I.
The State of Wisconsin Department of Health and Family
Services reports that as of June 30, 1999, 4,217 cases of AIDS were reported
in the state, including 2,507 that resulted in death, and new cases of HIV
infection have been reported in Wisconsin each year.[2]
J.
The Town is concerned with the protection of its minors
from exposure to age-inappropriate, sexually explicit materials and offenses.
K.
Licensing is a legitimate and reasonable means of accountability
to ensure that the operators and employees of adult-oriented establishments
comply with reasonable regulations and to ensure that operators and employees
do not knowingly allow their establishments to be used as places of illegal
sexual activity or solicitation.
L.
Information relating to pending charges and convictions
of the applicants is desired to further the Town's interest in controlling
the secondary effects of adult-oriented establishments.
M.
There is convincing documented evidence that adult-oriented
establishments have a deleterious effect on both the existing businesses around
them and the surrounding residential areas adjacent to them, causing increased
crime and the downgrading of property values.
N.
The Town Board has reviewed studies of the secondary
effects of adult-oriented establishments and has concluded that, if unregulated,
they present an increased risk of prostitution, high-risk sexual behavior
and crime, deleterious effects upon existing businesses and surrounding residential
areas, and decreased property values.
O.
The Town Board desires to minimize and control these
adverse effects and thereby protect the health, safety, and welfare of the
citizenry; protect citizens from increased crime; preserve the quality of
life; and preserve the property values and character of surrounding neighborhoods.
P.
It is not the intent of this chapter to suppress any
speech activities protected by the First Amendment but to enact a content-neutral
ordinance which addresses the secondary effects of adult-oriented establishments.
Q.
It is not the intent of the Town Board to condone or
legitimize the promotion of obscene material, and the Town Board recognizes
that the law prohibits the promotion of obscene materials. The Town Board
expects and encourages law enforcement officials to enforce anti-obscenity
laws against any such illegal activities in the Town.
R.
Restricted hours of operation will allow law enforcement
personnel to concentrate on crime prevention during high crime hours and/or
low staffing hours by relieving them of enforcement duties relative to prostitution,
loitering, and criminal activity associated with adult-oriented establishments.
S.
Prohibition of alcohol beverages on the premises will
reduce the need for law enforcement resources to respond to alcohol-related
problems upon the premises, will reduce high-risk sexual activity and will
contribute to the reduction of secondary effects of adult-oriented establishments.
Based upon the findings stated above, it is the intended purpose of
the Town to regulate adult-oriented establishments to promote the health,
safety, morals, and general welfare of the citizens of the Town and to establish
reasonable and uniform regulations for the operation thereof so as to minimize
secondary effects of these establishments on the community. The provisions
of this chapter have neither the purpose nor intent of imposing a limitation
or restriction on the content of any communicative materials, including adult-oriented
materials protected by the First Amendment to the Constitution of the United
States. Similarly, it is not the intent or effect of this chapter to restrict
or deny access by adults to adult-oriented materials protected by the First
Amendment or to deny access by the distributors and exhibitors of adult-oriented
entertainment to their intended market. The promotion of obscene materials
which is not protected by the First Amendment is subject to criminal sanctions
under the state's Penal Code.
The following terms have the meanings indicated:
Any place to which the public is permitted or invited wherein coin,
slug, electronically or mechanically controlled or operated still or motion
picture machines, projectors, computers, or other image-producing devices
are maintained to show images to five or fewer persons per machine at any
one time and where the images so displayed are distinguished or characterized
by depicting or describing specified sexual activities or specified anatomical
areas.
A commercial establishment which provides a bath as a service and
which provides to its patrons an opportunity for engaging in specified sexual
activities.
A commercial establishment wherein patrons are afforded an opportunity
to be painted or to paint images on specified anatomical areas. "Adult body
painting studio" does not include a tattoo parlor.
Any commercial establishment having as its stock-in-trade the sale,
rental or lease for any form of consideration of any one or more of the following:
Books, magazines, periodicals or other printed matter, photographs,
films, motion pictures, video cassettes, video reproductions, slides, or other
visual representations which are distinguished or characterized by their emphasis
on specified sexual activities or specified anatomical areas.
Instruments, devices, or paraphernalia which are designed for use in
connection with specified sexual activities.
Facilities for the presentation of adult entertainment as defined herein,
including adult-oriented films, motion pictures, video cassettes, video reproductions,
slides or other visual representations for observation by patrons therein.
A nightclub, bar, restaurant, or similar commercial establishment
which features:
Live performances which are characterized or distinguished by the exposure
of specified anatomical areas or the removal of articles of clothing; or
Films, motion pictures, video cassettes, video reproductions, slides
or other visual representations which are distinguished or characterized by
depicting or describing specified sexual activities or specified anatomical
areas.
Any exhibition of any motion picture, live performance, display or
dance of any type which has as its dominant theme or is distinguished or characterized
by any one or more of the following:
A commercial establishment with or without sleeping accommodations
which provides the service of massage or body manipulation, including exercise,
heat and light treatment of the body, and any form or method of physiotherapy,
which also provides its patrons with the opportunity to engage in specified
sexual activities.
A hotel, motel or other similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, film, motion pictures,
video cassettes, video reproductions, slides, or other visual reproductions
characterized by depicting or describing specified sexual activities or specified
anatomical areas; and has a sign visible from the public right-of-way which
advertises the availability of this type of adult entertainment;
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
Allows a tenant or occupant of a sleeping room to sublet the room for
a period of time that is less than 10 hours.
Includes adult arcade, adult bathhouse, adult body painting studio,
adult bookstore, adult cabaret, adult massage parlor, adult motel, adult theater,
and any commercial establishment presenting adult entertainment, whether or
not such establishment is operated or maintained for a profit.
An enclosed building such as a theater, concert hall, auditorium
or other similar commercial establishment which is used for presenting adult
entertainment.
The individual or business entity that seeks to secure a license
under this chapter.
The Town Board for the Town of Vernon, Waukesha County, Wisconsin.
Any and all persons, including but not limited to operators, entertainers,
clerks, managers, janitors or other persons, who work in or at, or render
any services directly related to the day-to-day operation of, an adult-oriented
establishment. "Employee," as used in this chapter, specifically excludes
independent contractors who are responsible for the improvement or repair
of the physical premises or who provide supplies to the establishment, provided
that these persons are not also in the position of providing any other day-to-day
services for the adult-oriented establishment.
Any person who provides entertainment within an adult-oriented establishment,
whether or not a fee is charged or accepted for the entertainment and whether
or not the entertainment is provided by the person as an employee of the adult-oriented
establishment or as an independent contractor.
The person who is designated on the license application to be the
person in charge of the daily operation of the premises and who is to be the
adult-oriented establishment's contact person for the municipality.
An individual, proprietorship, corporation, association, partnership,
limited liability entity, or other legal entity.
Includes all areas of an adult-oriented establishment except a public
rest room to the extent it is used for its proper purpose, individual rooms
rented in an adult motel, or areas to which patrons have no physical or visual
access.
Includes any of the following, simulated or actual:
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts.
Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia,
sadomasochistic abuse, fellatio, cunnilingus, anilingus.
Showing of human genitals in a state of sexual stimulation or arousal.
Excretory functions during a live performance, display or dance of any
type.
Includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or other means; or
The establishment of a trust, gift, or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of the law upon the death of the person possessing
the ownership or control.
Any facility where minors gather for educational or recreational
activities, including but not limited to playgrounds, swimming pools, libraries,
licensed child-care facilities, or youth clubs.
A.
License required for all adult-oriented establishments. From and after the effective date of this chapter, except as provided in Subsection C below, no adult-oriented establishment shall be operated or maintained in the Town without first obtaining a license to operate issued by the Town. A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person desiring to operate more than one adult-oriented establishment must have a license for each.
B.
License required for all employees of adult-oriented
establishments. In addition to the license required by the establishment,
all employees of an adult-oriented establishment must also be licensed.
C.
Licenses for existing adult-oriented establishments.
All adult-oriented establishments existing at the time of the passage of this
chapter must submit an application for a license within 90 days of the effective
date of this chapter. Any establishment that submits an application within
the ninety-day period shall be allowed to continue to operate until the license
application is acted upon by the Town Board. Any establishment which fails
to submit an application within the ninety-day period must cease operation
upon expiration of the ninety-day period unless and until a valid license
is timely issued by the Town Board. The Town shall act upon any such license
application in accordance with the provisions of this chapter.
D.
Licenses for employees of existing adult-oriented establishments.
All employees already working in an adult-oriented establishment existing
at the time of the passage of this chapter must submit an application for
a license within 90 days of the effective date of this chapter. Any employee
that submits an application within the ninety-day period shall be allowed
to continue his or her employment until the license application is acted upon
by the Town Board. Any employee who fails to submit an application within
the ninety-day period must cease employment upon expiration of the ninety-day
period unless and until a valid license is issued by the Town Board. The Town
shall act upon any such license application in accordance with the provisions
of this chapter.
E.
Change of name form. Any licensed adult-oriented establishment
which desires to change its name from that as listed on the original license
application must file a change of name form with the Town Clerk and pay a
fee as set by the Town Board by resolution at least 30 days prior to effectuating
the name change.[1]
F.
Effect of other licenses. The fact that a person possesses
any other valid license or permit required by law does not exempt that person
from the requirement of obtaining an adult-oriented establishment license
under this chapter.
G.
Nontransferability of licenses. No license or interest
in a license may be transferred to any person. Any change in location for
an adult-oriented establishment shall require a new license application for
that location.
A.
Any person desiring to secure an adult-oriented establishment
license shall file an application together with two additional copies of the
application with the Town Clerk.
B.
The application shall be on a form provided by the Town
Clerk.
C.
The following information shall be required of each applicant
and must be provided under oath or affirmation:
(1)
Name, including any aliases, address, and phone number.
(2)
If the applicant is a corporation, partnership, limited
liability corporation or limited liability partnership, the application shall
include the name of the business entity; the date of incorporation, registration
or organization; the state in which the entity was incorporated, registered
or organized; the name and address of the registered agent where applicable;
and the names and addresses of all officers and directors, operating or managing
partners or general partners, members or managers, whichever is applicable
for the particular form of business entity.
(3)
If the applicant is an individual, written proof that
the applicant is at least 18 years of age and two copies of a recent photo.
(4)
If the applicant is a business entity, a statement that
no officer, director, partner, general partner, owner or manager is less than
18 years of age.
(5)
Name, address and phone number of the adult-oriented
establishment for which a license is being secured.
(6)
Name and address of any other current or past adult-oriented
establishments operated by the applicant whether in this state or any other
state or district within the United States.
(7)
For any current adult-oriented establishments operated
by the applicant, the applicant shall describe the status of any required
license for the establishment.
(8)
Nature and date of offense if the applicant has charges
pending or has been convicted of violating any of the terms of this chapter.
(9)
Nature and date of offense if the applicant has charges
pending or has been convicted of any of the following crimes in Wisconsin:
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Prostitution (§ 944.30, Wis. Stats.)
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Patronizing prostitutes (§ 944.31, Wis. Stats.)
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Soliciting prostitutes (§ 944.32, Wis. Stats.)
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Pandering (§ 944.33, Wis. Stats.)
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Keeping a place of prostitution (§ 944.34, Wis. Stats.)
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Sexual assault (§ 940.225, Wis. Stats.)
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Sexual gratification (§ 944.17, Wis. Stats.)
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Lewd and lascivious behavior (§ 944.20, Wis. Stats.)
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Obscene material or performance (§ 944.21, Wis. Stats.)
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Sexual assault of a child (§ 948.02, Wis. Stats.)
| |
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Engaging in repeated acts of sexual assault of the same child (§ 948.025,
Wis. Stats.)
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Sexual exploitation of a child (§ 948.05, Wis. Stats.)
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Causing a child to view or listen to sexual activity (§ 948.055,
Wis. Stats.)
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Incest with a child. (§ 948.06, Wis. Stats.)
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Child enticement (§ 948.07, Wis. Stats.)
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Soliciting a child for prostitution (§ 948.08, Wis. Stats.)
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Exposing a child to harmful material (§ 948.11, Wis. Stats.)
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Possession of child pornography (§ 948.12, Wis. Stats.)
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Child sex offender working with children (§ 948.13, Wis. Stats.)
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The statute numbers listed above are for reference purposes only. In
the event one or more of the crimes listed above are renumbered or categorized
differently by an act of the Legislature, the applicant shall list those crimes
for which the applicant has been convicted that are similar in nature to those
listed above.
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(10)
Nature and date of offense if the applicant has charges pending or has been convicted of an offense under a statute analogous to those listed in Subsection C(9) above in a state other than Wisconsin or under an analogous ordinance of another municipal entity.
(11)
Name, address and phone number of an individual who is
responsible for the day-to-day operation of the establishment, who will be
deemed the operator for purposes of this chapter, and who will be the contact
person for the municipality.
(12)
A statement that the applicant is familiar and in compliance
with the provisions of this chapter.
(13)
When the applicant is a business entity, the information
requested of the applicant shall include the information required in this
chapter for each of the officers and directors, partners and general partners,
or other owners and managers of the business entity applying for the license.
This provision shall not apply to any owner of any kind who hold an ownership
interest of less than 10.0%.
D.
Each application shall be accompanied by:
(1)
A building plan which meets all the requirements of this
chapter and the Waukesha County Zoning Code, if the Waukesha County Zoning
Code for the zoning district imposes any building plan requirements in addition
to those in this chapter. Each application shall be accompanied by a sketch
or diagram showing the floor plan of the interior of the premises, including
a statement of total floor space occupied by the business. The sketch or diagram
need not be professionally prepared but must be drawn to a scale of 1/4 inch
or drawn with marked dimensions of the interior of the premises to an accuracy
of plus or minus six inches.
(2)
A written plan of operation which meets all the requirements
of this chapter and the Waukesha County Zoning Code, if the Waukesha County
Zoning Code for the zoning district imposes any plan of operation requirements
in addition to those in this chapter.
(3)
A written site plan which meets all the requirements
of this chapter and the Waukesha County Zoning Code, if the Waukesha County
Zoning Code for the zoning district imposes any site plan requirements in
addition to those in this chapter.
E.
Each application shall be signed by the applicant.
G.
The Town Clerk shall date the filing of the application
on the face of the application.
H.
Upon filing of the application, each applicant shall
place a sign at the proposed business location providing notification of the
application. Each sign shall be at least 24 inches by 36 inches in size. The
sign shall state "Adult-Oriented Establishment License Application Pending"
and "Application Filed On (fill in the date)." The letters on the sign shall
be no less than 1 1/2 inches high by two inches wide. The sign must be
placed in a conspicuous location so that it is clearly visible to all passersby,
whether on the public road, highway, sidewalk or parking lot.
I.
Upon receipt of the application, the Town Clerk shall
immediately distribute a copy of the application to the Building Inspector,
Town Police Department, and the Town Board.
J.
The Town Police Department shall notify the Town Board
in writing of any information bearing on the applicant's qualifications within
20 business days of the filing of the application.
K.
The Building Inspector shall notify the Town Board in
writing as to whether or not the applicant's building plan, site plan, and
plan of operation comply with this chapter and the Zoning Code, if the Zoning
Code for the zoning district imposes any requirements in addition to those
in this chapter, within 20 business days of the filing of the application.
L.
The Town Board shall, within 45 days of the filing of
the application with the Town Clerk, either grant the license or deny the
application after reviewing the application for compliance with the licensing
standards found in this chapter. If the Board fails to act upon the license
application within 45 days of the filing of the application with the Clerk,
then the license shall be deemed granted.
M.
If the license is granted by the Town Board, then the
Town Clerk shall issue the license on the next business day.
N.
If the Town Board decides to deny the application for
a license, the Board shall immediately notify the applicant in writing of
the reasons for denial. Such notice shall be sent to the applicant within
five days of the decision by certified mail, return receipt requested.
O.
Any applicant aggrieved by such a decision of the Town
Board shall be entitled to immediately appeal the Board's decision in Circuit
Court. Such an appeal must be made within 30 days of the date of the written
decision by the Board. The Town explicitly elects not to be governed by Ch.
68, Wis. Stats., and to provide the review procedures described in this chapter.
P.
Each license issued for an adult-oriented establishment
shall state on its face the name of the licensee, the name of the establishment,
the street address of the establishment, the date of issuance of the license
and its expiration date.
A.
Any individual desiring to secure an employee license
shall file an application together with two additional copies of the application
with the Town Clerk.
B.
The application shall be on a form provided by the Town
Clerk.
C.
The following information shall be required of each applicant
and must be provided under oath or affirmation:
(1)
Name, including any aliases, and address. Pursuant to
§ 19.35(1)(am)2a, Wis. Stats., the name and address of any entertainer
shall be considered as exempt from disclosure under the Public Records Law
of the State of Wisconsin because of potential danger to the life and safety
of such individuals from such disclosure.
(2)
Written proof that the individual is at least 18 years
of age and two copies of a recent photo.
(3)
Nature and date of offense if the applicant has charges
pending or has been convicted of any violations of any of the terms of this
chapter.
(4)
Nature and date of offense if the applicant has charges
pending or has been convicted of any of the following crimes in Wisconsin:
|
Prostitution (§ 944.30, Wis. Stats.)
| |
|
Patronizing prostitutes (§ 944.31, Wis. Stats.)
| |
|
Soliciting prostitutes (§ 944.32, Wis. Stats.)
| |
|
Pandering (§ 944.33, Wis. Stats.)
| |
|
Keeping a place of prostitution (§ 944.34, Wis. Stats.)
| |
|
Sexual assault (§ 940.225, Wis. Stats.)
| |
|
Sexual gratification (§ 944.17, Wis. Stats.)
| |
|
Lewd and lascivious behavior (§ 944.20, Wis. Stats.)
| |
|
Obscene material or performance (§ 944.21, Wis. Stats.)
| |
|
Sexual assault of a child (§ 948.02, Wis. Stats.)
| |
|
Engaging in repeated acts of sexual assault of the same child (§ 948.025,
Wis. Stats.)
| |
|
Sexual exploitation of a child (§ 948.05, Wis. Stats.)
| |
|
Child enticement (§ 948.07, Wis. Stats.)
| |
|
Soliciting a child for prostitution (§ 948.08, Wis. Stats.)
| |
|
Causing a child to view or listen to sexual activity (§ 948.055,
Wis. Stats.)
| |
|
Incest with a child (§ 948.06, Wis. Stats.)
| |
|
Exposing a child to harmful material (§ 948.11, Wis. Stats.)
| |
|
Possession of child pornography (§ 948.12, Wis. Stats.)
| |
|
Child sex offender working with children (§ 948.13, Wis. Stats.)
|
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The statute numbers listed above are for reference purposes only. In
the event one or more of the crimes listed above are renumbered or categorized
differently by an act of the Legislature, the applicant shall list those crimes
for which the applicant has been convicted that are similar in nature to those
listed above.
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(5)
Nature and date of offense if the applicant has charges pending or has been convicted of an offense under a statute analogous to those listed in Subsection C(4) above in a state other than Wisconsin or under an analogous ordinance of another municipal entity.
(6)
A statement that the applicant is familiar with the provisions
of this chapter and is in compliance with them.
(7)
A list of other similar or analogous adult entertainer
or employee licenses issued by any other municipalities, the name and state
of the municipality and the status of the license.
D.
Each application shall be signed by the applicant.
F.
The Town Clerk shall date the filing of the application
upon the face of the application.
G.
Upon receipt of the application, the Town Clerk shall
immediately distribute a copy of the application to the Town Police Department
and the Town Board.
H.
The Town Police Department shall notify the Town Board
in writing of any information bearing on the applicant's qualifications as
required herein within 20 business days of the filing of the application.
I.
The Town Board shall, within 45 days of the filing of
the application with the Town Clerk, either issue the license or deny the
application after reviewing the application for compliance with the licensing
standards found in this chapter. If the Board fails to act upon the license
application within 45 days of the filing of the application with the Clerk,
then the license shall be deemed granted.
J.
If the license is granted by the Town Board, then the
Town Clerk shall issue the license on the next business day.
K.
If the Town Board decides to deny the application for
a license, the Board shall notify the applicant in writing of the reasons
for denial. Such notice shall be sent to the applicant within five days of
the decision by certified mail, return receipt requested.
L.
Any applicant aggrieved by such a decision of the Town
Board shall be entitled to immediately appeal the Board's decision in Circuit
Court. Such an appeal must be made within 30 days of the receipt by the applicant
of the written decision of the Board. The Town explicitly elects not to be
governed by Ch. 68, Wis. Stats., and to provide the review procedures described
in this chapter.
Following the granting of a license, any licensee who wishes to alter
any aspect of the licensed premises which was required to be described in
the building plan, site plan or plan of operations required under this chapter
shall be required to apply for a new license.
The Town Board shall grant an initial license to an applicant unless
it finds one or more of the following to be true:
A.
The applicant is less than 18 years of age.
B.
The applicant has charges pending or has been convicted
of violating a provision of this chapter or an analogous ordinance of another
municipality within the five years immediately preceding the date of application.
C.
The applicant has charges pending or has been convicted of a crime specified in § 105-5C(9) or 105-6C(4) and, if convicted, for which less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense; less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a felony offense; less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the convictions are for two or more misdemeanor offenses, or combination of misdemeanor offenses, occurring within any twenty-four-month period. The fact that an appeal has been taken from any of the above-mentioned convictions shall have no effect.
D.
The applicant provides false information on the application.
E.
The applicant fails to provide information, to post the
required notice, or to pay any fee required by this chapter.
A.
Transfer of ownership or control of an adult-oriented
establishment shall result in automatic expiration of the existing license.
Upon transfer of ownership or control, the procedures for a new license application
must be followed. In order to ensure continuous operation, such procedures
may also be commenced by a new applicant prior to the expiration of the prior
license.
B.
Every license issued pursuant to this chapter will terminate upon the expiration of one year from the date of issuance unless sooner revoked. Any licensee desiring to renew an initial license shall make application to the Town Clerk. The application procedures governing new licenses shall be followed by an applicant for a renewal license except for those found in § 105-5I, M, N, O and P for adult-oriented establishment licenses and § 105-6I, J, K and L for employee licenses. The application fee for a renewal license shall be set by the Town Board by resolution.[1]
C.
Any licensee desiring to renew an initial license shall
file the application for renewal no later than 60 days before the license
expires. Any licensee who fails to apply for a renewal license at least 60
days before the license expires shall pay the same fee as if the licensee
were applying for an initial license.
D.
An existing license shall be allowed to continue until
such time as the Town Board acts upon the renewal license application. If
the Board fails to act upon the license application within 45 days of the
filing of the application with the Clerk, then the license shall be deemed
granted.
E.
The Town Board will not expedite the renewal procedure
to ensure that a license will not expire when the expiration of the license
is due to the licensee's untimely filing of a renewal application. Upon expiration
of a license under these circumstances, the licensee is prohibited from operating
or serving as an employee until the new license is granted.
F.
A license may not be renewed if the Board, following
the procedures found in this chapter, finds that a violation of this chapter
has occurred or that the applicant is not qualified to hold the license.
G.
If the license is granted by the Town Board, then the
Town Clerk shall issue the license on the next business day.
If all the requirements for a license as stated in this chapter are
met, an adult-oriented establishment shall only be allowed to locate in the
zoning district(s) provided for by the Waukesha County Zoning Code and shall
not be allowed to locate in any other district.
A.
No adult-oriented establishment is permitted to operate between
the hours of 2:00 a.m. and 8:00 a.m. Further, no adult-oriented establishment
is permitted to operate between the hours of 8:00 a.m. and 12:00 midnight
on any Sunday or legal holiday as defined in § 895.20, Wis. Stats.
B.
No operator or employee of an adult-oriented establishment shall
permit to be performed, offer to perform, perform or allow patrons to perform
any specified sexual activity in the establishment or on the site. This provision
does not apply to adult motels, to the extent that such specified sexual activity
is not prohibited by law.
C.
No operator or employee of an adult-oriented establishment shall
allow any minor to enter into, loiter around or to frequent an adult-oriented
establishment or to view adult entertainment.
D.
The operator shall maintain the premises in a clean and sanitary
manner at all times.
E.
The operator shall maintain at least 10 footcandles of illumination
in the public areas of the establishment with the following exceptions:
(1)
In a booth, room, or cubicle, if a lesser level of illumination
is necessary to enable a patron to view the adult entertainment, but at no
time shall there be less than .01 footcandle of illumination as measured 30
inches from the floor.
(2)
In an aisle adjacent to a booth, room, or cubicle, if
a lesser amount of illumination is necessary to allow the occupant to view
the adult entertainment, but at no time shall there be less than 1 1/2
footcandles of illumination as measured 30 inches from the floor.
(3)
Adult theaters must maintain five footcandles of illumination
in the auditorium during intermission and no less than .01 footcandle during
a picture as provided for in § Comm 73.07(6), Wis. Adm. Code.
F.
All employees while engaged in the display or exposure of any
specified anatomical area shall maintain a three-foot distance from any patron
or other employee.
G.
No rest room shall be designed, operated or maintained so that
a patron can view adult entertainment therein.
H.
No employee or patron in an adult cabaret shall be permitted
to have physical contact with any employee or patron on the premises.
I.
All performances in an adult cabaret shall be conducted upon
a stage at least 18 inches above the immediate floor level and removed at
least six feet from the nearest employee or patron.
J.
The selling, serving, possession, or consumption of alcohol beverages
is strictly prohibited at all times in all adult-oriented establishments.
K.
No employee or operator shall knowingly work in or about, or
knowingly perform any service directly related to the operation of, any unlicensed
adult-oriented establishment.
L.
All employees shall carry their license upon their person at
all times while working in the adult-oriented establishment and shall produce
said license upon demand for inspection by any law enforcement authority.
Entertainers are exempt from carrying their license upon their person while
providing entertainment but shall be readily able to produce said license
upon demand for inspection by any law enforcement authority.
M.
The license for the adult-oriented establishment shall be displayed
in a conspicuous public place in the adult-oriented establishment.
N.
No employee, operator, or owner may refuse law enforcement officials
entry in to an adult-oriented establishment for purposes of inspecting the
adult-oriented establishment for compliance with these operational standards
during business hours, or at other times at a reasonable hour, with reasonable
notice.
O.
The operator shall be responsible for compliance with the provisions
of this chapter by the adult-oriented establishment, its employees and patrons.
P.
Every act or omission by any employee constituting a violation
of the provisions of this chapter shall be deemed the act or omission of the
operator if such act or omission occurs either with the authorization, knowledge
or approval of the operator or as a result of the operator's negligent failure
to supervise the employee's conduct, and the operator shall be accountable
for such act or omission in the same manner as if operator committed the act
or caused the omission.
A.
External visibility. At no time should any adult entertainment
inside the premises be visible to any persons who are outside the premises.
B.
Booths. Any adult-oriented establishment having available for
patrons any booth, room or cubicle for the private viewing of adult entertainment
must comply with the following requirements. This subsection does not apply
to the individual rooms located in adult motels.
(1)
Access. Each booth, room, or cubicle shall be totally
accessible to and from aisles and public areas of the adult-oriented establishment
and shall be unobstructed by any door, lock or other control-type devices.
(2)
Construction. Every booth, room or cubicle shall meet
the following construction requirements:
(a)
Each booth, room or cubicle shall be separated from adjacent
booths, rooms or cubicles and any nonpublic areas by a wall.
(b)
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.
(c)
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 booth.
(d)
Booths must be separated at least 12 inches from the
exterior walls of any other viewing booths by open space.
(3)
Visibility. The interior of the booth, room or cubicle
shall not be blocked or obscured by doors, curtains, partitions, drapes or
any other obstruction whatsoever.
(4)
Lighting. Lighting for the booth, room or cubicle shall comply with the provisions of § 105-11E of this chapter.
(5)
Occupants. Only one individual shall be permitted to
occupy a booth, room or cubicle at any time. No occupant of the booth, room
or cubicle shall be permitted to engage in any specified sexual activity,
cause any bodily discharge or litter while in the booth. No individual shall
be permitted to damage or deface any portion of the booth.
All private and public schools as defined in Ch. 115, Wis. Stats., located
within the Town are exempt from obtaining a license hereunder when instructing
pupils in sex education as part of their curriculum.
A.
Causes for license nonrenewal, suspension or revocation.
The Town Board may refuse to renew, suspend or revoke a license for any violations
of this chapter or if the applicant is not qualified to hold the license.
B.
License nonrenewal, suspension and revocation procedures.
(1)
In order to commence the procedure for a license nonrenewal,
suspension or revocation, the Town shall notify the licensee in writing by
certified mail, return receipt requested, of the alleged violation or cause
and the intent of the Town to seek a nonrenewal, suspension or revocation
of the license.
(2)
The licensee shall be entitled to a public hearing before the Town Board regarding the license nonrenewal, suspension or revocation upon written request to the Town Clerk within 10 days of receipt of the notification required in Subsection B(1).
(3)
Any public hearing requested pursuant to Subsection B(2) shall take place within 10 days of the filing of such written request.
(4)
At the hearing both the Town and the aggrieved party
may be represented by an attorney, present evidence, call and examine witnesses,
cross-examine witnesses of the other party, and make opening and closing statements.
Such witnesses shall be sworn. The Town Chairperson shall be the presiding
officer at the hearing.
(5)
Attorneys may issue subpoenas to compel attendance of
witnesses or the production of evidence. Subpoenas issued must be in substantially
the same form as provided in § 805.07(4), Wis. Stats., and must
be served in the manner provided in § 805.07(5), Wis. Stats. Copies
of the subpoenas must be served on the opposing party.
(6)
The Board shall cause the proceedings to be recorded
by a stenographer, the expense thereof to be paid by the Town. Costs for copies
of any transcripts or transcription of a recording shall be paid by the party
requesting the transcript or transcription. All exhibits shall be marked and
preserved.
(7)
Within 10 days of the completion of any hearing the Town
Board shall determine if cause for nonrenewal, suspension or revocation exists.
If no public hearing is requested, the Town Board shall make a determination
within 20 days of the notification date.
C.
The Town Board shall issue its determination in writing
and provide it within five days to the licensee by certified mail, return
receipt requested.
D.
If a license period expires while a nonrenewal, suspension
or revocation procedure is pending, then the nonrenewal, suspension or revocation
of any license shall be stayed pending the issuance of a determination by
the Town Board. The nonrenewal, suspension or revocation of a license shall
become effective 30 days following the issuance of a decision by the Town
Board, if judicial review is not commenced as provided in this chapter.
E.
If judicial review of such determination by the Town
Board is timely commenced, then license nonrenewal, suspension or revocation
shall not become effective until judgment is entered.
F.
Any person aggrieved by such a decision of the Town Board
shall be entitled to immediately appeal the Board's decision in Circuit Court.
Such an appeal must be made within 30 days of the licensee's receipt of the
written decision by the Board. The Town explicitly elects not to be governed
by Ch. 68, Wis. Stats., and to provide the review procedures described in
this chapter.
G.
Any person whose license is nonrenewed, suspended or
revoked shall not be eligible to receive a license for a period of five years
from the effective date of the suspension or revocation.
B.
Injunction. Compliance with the provisions of this chapter
may also be enforced by an injunction properly issued by a court of competent
jurisdiction upon the request of the Town.
C.
Nonexclusivity. The imposition of any penalty under this
chapter or the seeking of an injunction shall not impair the right of the
Town to seek a nonrenewal, suspension or revocation of a license as provided
in this chapter.
