As used in this chapter, the following terms shall have the meaning
indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated,
slug-operated, or for any form of consideration, or electronically, electrically,
or mechanically controlled still- or motion-picture machines, projectors,
video or laser disc players, or other image-producing devices are maintained
to show images to five or fewer persons per machine at any one time, where
the images so displayed are distinguished or characterized by the depicting
or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A.
A commercial establishment which has as a significant or substantial
portion of its stock-in-trade or a significant or substantial portion of its
revenues or devotes a significant or substantial portion of its interior business
or advertising to the sale or rental for any form of consideration of any
one or more of the following:
(1)
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, videocassettes or video reproductions, slides, or
other visual representations which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; or
(2)
Instruments, devices, or paraphernalia which are designed for use in
connection with specified sexual activities.
B.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified sexual activities or specified anatomical areas and
still be categorized as an adult bookstore, adult novelty store, or adult
video store. Such other business purposes will not serve to exempt such commercial
establishment from being categorized as an adult bookstore, adult novelty
store, or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration of the specified materials
which are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
C.
Video stores that sell and/or rent only videotapes or other photographic
or computer-generated reproductions and associated equipment shall come within
this definition if 20% or more of their stock-in-trade or revenues comes from
the rental or sale of videotapes or other photographic reproductions or associated
equipment which is characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
at which on 20 or more days in any twelve-month period:
A.
Persons appear in a state of nudity or semi-nude;
B.
Live performances occur which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, videocassettes, slides or other photographic
reproductions are shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATER
An enclosed establishment with a capacity of fewer than 50 persons
used for presenting material having as its dominant theme, or distinguished
or characterized by an emphasis on, matters depicting, describing or relating
to specified sexual activities or specified anatomical areas, for observation
by patrons therein.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit televising 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 has a sign visible from the public right-of-way which
advertises the availability of this adult type of photographic reproductions;
B.
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
C.
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
An enclosed establishment with a capacity of 50 or more persons where,
for any form of consideration, films, motion pictures, videocassettes, slides,
or similar photographic reproductions are regularly shown which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial establishment
which regularly features persons who appear in a state of nudity or semi-nude,
or live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
BOOTH, ROOM or CUBICLE
Such enclosures as are specifically offered to the public or members of a sexually oriented business for hire or for a fee as part of a business operated on the premises which offers as part of its business the entertainment to be viewed within the enclosure, which shall include, without limitation, such enclosures wherein the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. However, "booth, room or cubicle" does not mean such enclosures that are private offices used by the owners, managers or persons employed on the premises for attending to the tasks of their employment, which enclosures are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing entertainment for a fee and are not open to any persons other than employees, nor shall this definition apply to hotels, motels, or other similar establishments licensed by the State of Wisconsin pursuant to Ch.
50, Wis. Stats.
EMPLOYEE
A person who performs any service on the premises of a sexually oriented
business on a full-time, part-time or contract basis, whether or not the person
is denominated an employee, independent contractor, agent or otherwise and
whether or not said person is paid a salary, wage or other compensation by
the operator of said business. "Employee" does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment on
the premises or for the delivery of goods to the premises.
ESCORT
A person who, for consideration, agrees or offers to act as a companion,
guide, or date for another person, or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or business association who or which furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business purposes
for a fee, tip, or other consideration.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business as a new
business;
B.
The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
C.
The addition of any sexually oriented business to any other existing
sexually oriented business; or
D.
The relocation of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented business
has been issued, as well as the individual listed as an applicant on the application
for a license, and in the case of an employee, a person in whose name a license
has been issued authorizing employment in a sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who appears semi-nude or in a state of nudity
or who displays specified anatomical areas is provided to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by other persons
who pay money or any form of consideration. "Nude model studio" shall not
include a proprietary school licensed by the State of Wisconsin or a college,
junior college or university supported entirely or in part by public taxation;
a private college or university which maintains and operates educational programs
in which credits are transferable to a college, junior college or university
supported entirely or partly by taxation; or in a structure:
A.
That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or semi-nude person is available for viewing;
B.
Where in order to participate in a class a student must enroll at least
three days in advance of the class; and
C.
Where no more than one nude or semi-nude model is on the premises at
any one time.
NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area, vulva,
anus, anal cleft or cleavage with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of the entire
nipple and areola, or the showing of the covered male genitals in an discernibly
turgid state.
PERSON
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
PUBLIC INDECENCY
A person who, knowingly or intentionally, in a public place:
A.
Engages in sexual intercourse;
B.
Engages in deviant sexual conduct;
C.
Appears in a state of nudity; or
D.
Fondles the genitals of self or another person.
PUBLIC PLACE
Any location frequented by the public, or where the public is present
or likely to be present, or where a person may reasonably be expected to be
observed by members of the public. Public places include, but are not limited
to, streets, sidewalks, parks, beaches, business and commercial establishments
(whether for profit or not for profit and whether open to the public at large
or where entrance is limited by a cover charge or membership requirement),
bottle clubs, hotels, motels, restaurants, nightclubs, country clubs, cabarets
and meeting facilities utilized by religious, social, fraternal or similar
organizations. Premises used solely as a private residence, whether permanent
or temporary in nature, shall not be deemed to be a public place. "Public
place" shall not include enclosed single sex public rest rooms, enclosed single
sex functional shower, locker and/or dressing room facilities, enclosed motel
rooms and hotel rooms designed and intended for sleeping accommodations, doctors'
offices, portions of hospitals and similar places in which nudity or exposure
is necessarily and customarily expected outside of the home and the sphere
of privacy constitutionally protected therein. "Public place" does not include
a private facility which has been formed as a family-oriented clothing-optional
facility, properly licensed by the state.
SEMI-NUDE or IN A SEMI-NUDE CONDITION
The showing of the female breast below a horizontal line across the
top of the areola at its highest point or the showing of the male or female
buttocks. This definition shall include the entire lower portion of the human
female breast but shall not include any portion of the cleavage of the human
female breast exhibited by a dress, blouse, skirt, leotard, bathing suit,
or other wearing apparel provided that the areola is not exposed in whole
or in part.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between persons
of the opposite sex; or
B.
Activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or semi-nude.
SEXUALLY ORIENTED ADULT ENTERTAINMENT
Both any live performance occurring in an adult cabaret that includes
nudity, semi-nudity, exposure of specified anatomical areas or specified sexual
activities and films, motion pictures, videocassettes, slides or other photographic
reproductions characterized by the depiction or description of specified anatomical
areas or specified sexual activities, when shown in an adult cabaret.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult video
store, adult cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
A.
The human male genitals in a discernibly turgid state, even if completely
and opaquely covered; or
B.
Less than completely and opaquely covered human genitals, pubic region,
buttocks or a female breast below a point immediately above the top of the
areola.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human genitals, public region,
buttocks, anus, or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, masturbation, or sodomy; or
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A and
B above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease, or sublease of the business;
B.
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange, or similar means; or
C.
The establishment of a trust, gift or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person possessing
the ownership or control.
All sexually oriented businesses are subject to the regulations of this
chapter and are classified as follows:
B. Adult bookstores, adult novelty stores, or adult video
stores;
E. Adult motion-picture theaters or adult mini motion-picture
theaters;
I. Sexual encounter centers.
A person commits a violation of this chapter if the person knowingly
allows a person under the age of 18 years on the premises of a sexually oriented
business.
A person commits a violation of this chapter if the person knowingly
or intentionally commits a public indecency.
A person commits a violation of this chapter if the person knowingly
allows or otherwise participates in the sale, use or consumption of alcoholic
beverages on the premises of a sexually oriented business.
Sexually oriented businesses, except for an adult motel, must remain
closed at all times between the hours of 12:00 midnight and 10:00 a.m., Monday
through Saturday. No Sunday open hours are permitted for sexually oriented
businesses except for an adult motel.
The Village of Mazomanie shall suspend a license for a period not to
exceed 30 days if it determines that a licensee or an employee of a licensee
has:
A. Violated or is not in compliance with this chapter.
B. Refused to allow an inspection of the sexually oriented
business premises as authorized by this chapter.
It is a defense to prosecution under §
339-14 that a person appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school, licensed by the State of Wisconsin,
a college, junior college, or university supported entirely or partly by taxation;
B. By a private college or university which maintains and
operates educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation; or
C. In a structure:
(1) Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available for viewing;
(2) Where, in order to participate in a class, a student
must enroll at least three days in advance of the class; and
(3) Where no more than one nude model is on the premises
at any one time.
The Village of Mazomanie Code and state law shall govern the administrative
procedure and review regarding the granting, denial, renewal, nonrenewal,
revocation and suspension of a license. After denial of an application, or denial of a renewal of an application,
or suspension or revocation of any license, the applicant or licensee may
seek prompt judicial review of such administrative action in any court of
competent jurisdiction. The administrative action shall be promptly reviewed
by the court.