As used in this chapter, the following terms
shall have the meanings indicated:
ADULT ARCADE
Any place in or to which the public is permitted or invited,
wherein coin-operated or slug-operated or electronically, electrically
or mechanically controlled or still or motion-picture machines, projectors
or other image-producing devices are regularly 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 their
emphasis upon matters exhibiting specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A.
A commercial establishment that has as a significant
or substantial portion of its stock-in-trade, or derives a significant
or substantial portion of its revenues or devotes a significant or
substantial portion of its interior business or advertising, or maintains
a substantial section of its sales or display space for 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, compact
discs, slides or other visual representations which are characterized
by their emphasis upon the exhibition or display of specified sexual
activities or specified anatomical areas; or
(2)
Instruments, devices or paraphernalia which
are designed for use or marketed primarily for stimulation of human
genital organs or for sadomasochistic use or abuse of the user or
others.
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
or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials that depict or describe specified sexual activities or specified
anatomical areas. A principal business purpose need not be a primary
use of an establishment so long as it is a significant use based upon
the visible inventory or commercial activity of the establishment.
C.
This definition shall expressly exclude films,
motion pictures, videocassettes, slides or other similar photographic
reproductions given an R rating by the Motion Picture Association
of America.
ADULT CABARET
A.
A nightclub, dance hall, bar, tavern, restaurant
or similar commercial establishment which regularly features:
(1)
Persons who appear nude or seminude; or
(2)
Live performances that are characterized by
the exposure of specified sexual activities or specified anatomical
areas; or
(3)
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
exhibition or display of specified sexual activities or specified
anatomical areas.
B.
This definition shall expressly exclude films,
motion pictures, videocassettes, slides or other similar photographic
reproductions given an R rating by the Motion Picture Association
of America.
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 television
transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions, which are characterized by the depiction
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 or photographic reproductions; or
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
A commercial establishment 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. This definition shall expressly exclude films, motion pictures,
videocassettes, slides or other similar photographic reproductions
given an R rating by the Motion Picture Association of America.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear nude or
seminude or live performances which are characterized by the exposure
of specified sexual activities or specified anatomical areas.
BOARD
The Village Board of the Village of Saukville, Ozaukee County,
Wisconsin.
DIRECTLY
To require physical contact. For instance, when this chapter
prohibits an employee to receive a gratuity directly from a patron,
it prohibits the direct touching of skin, other body parts or clothing.
DISTINGUISHED or CHARACTERIZED BY
The dominant or principal theme of the object referenced.
For instance, when the phrase refers to films which are distinguished
or characterized by an emphasis upon the exhibition or display of
specified sexual activities or specified anatomical areas, the films
so described are those whose dominant or principal character and theme
are the exhibition or display of specified sexual activities or specified
anatomical areas.
EMPLOYEE, EMPLOY and EMPLOYMENT
Describe and pertain to any person who performs any service
on the premises of a sexually oriented business on a full-time, part-time
or contract basis, regardless of whether the person is denominated
as an employee, independent contractor, agent or by another status.
Employee does not include a person exclusively on the premises for
repair or maintenance of the premises or for the delivery of goods
to the premises.
ESCORT
A person who, for consideration, and for another person,
agrees or offers to privately model lingerie or to privately perform
a striptease.
ESCORT AGENCY
A person or business association who furnishes offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
ESTABLISH or ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually
oriented business as a new business;
B.
The conversion of any 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.
NUDE, NUDITY or STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva or anus, with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of any
part of the nipple or areola, or the showing of the covered male genitals
in a discernibly turgid state.
[Amended 3-21-2006 by Ord. No. 646]
OPERATE or CAUSE TO BE OPERATED
To cause to function or to put or keep in a state of doing
business. "Operator" means any person on the premises of a sexually
oriented business who is authorized to exercise operational control
of or over the business or who causes to function or who puts or keeps
in operation the business. A person may be found to be operating or
causing to be operated a sexually oriented business regardless of
whether that person is an owner, part owner or licensee of the business.
PERSON
An individual, proprietorship, partnership, corporation,
limited liability company, limited liability partnership, association
or other legal entity.
PREMISES
The real property upon which the sexually oriented business
is located and all appurtenances thereto and buildings thereon, including,
but not limited to, the sexually oriented business, the grounds, the
private walkways and parking lots and/or parking garages adjacent
thereto under the ownership, control or supervision of the owner or
operator of the business.
REGULARLY FEATURES or REGULARLY SHOWS
A consistent or substantial course of conduct, such that
the films or performances exhibited constitute a substantial portion
of the films or performances offered as part of the ongoing business
of the sexually oriented business.
SEMINUDE or SEMINUDE CONDITION
The showing of the human male or female genitals, pubic area,
vulva or anus, with not more than a complete opaque covering, or the
showing of the female breast with not more than a complete opaque
covering of any part of the nipple or areola.
[Amended 3-21-2006 by Ord. No. 646]
SEXUAL ENCOUNTER CENTER
A business or commercial establishment that, as one of its
principal business purposes, offers for any form of consideration
a place where two or more persons may congregate, associate or consort
for the purpose of specified sexual activities. The definitions of
"sexual encounter center" or any "sexually oriented business" shall
not include an establishment where a medical practitioner, psychologist,
psychiatrist or similar professional person licensed by the state
engages in medically approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
[Amended 3-21-2006 by Ord. No. 646]
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, vulva, anus or the nipple and areola of the
human female breast.
SPECIFIED SEXUAL ACTIVITY
A.
The fondling of another person's genitals, pubic
region, anus or female breasts;
B.
Actual sex acts, normal or perverted, 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.
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.
"Sexually oriented businesses" are classified
as follows:
B. Adult bookstores or adult video stores.
E. Adult motion-picture theaters.
H. Sexual encounter centers.
[Amended 6-24-2014 by Ord. No. 748]
A license fee, as set by resolution of the Village Board, shall
be submitted with the application for a license. If the application
is denied, 1/2 of the fee shall be returned to the person who posted
such fee, and the remainder shall be applied toward processing and
administrative costs.
The license shall be displayed in a conspicuous
public place, at or near the entrance of the sexually oriented business,
so that it may be easily read at any time.
Chapter 68 of the Wisconsin Statutes (2001-02
and as amended) concerning municipal administrative procedure shall
govern the administrative procedure and review concerning the granting,
denial, renewal, nonrenewal, suspension or revocation of a license.
A written request for review of an initial determination shall be
made by an aggrieved person to the Village Clerk pursuant to the provisions
of §§ 68.08 and 68.09, Wis. Stats. The Board shall
review an initial determination within 15 days of receipt of a request
for review. An administrative appeal may be made by an aggrieved person
to the Village Clerk pursuant to the provisions of § 68.10,
Wis. Stats. Within 15 days of receipt of a notice of appeal, the Zoning
Board of Appeals shall hold a hearing pursuant to the provisions of
§ 68.11, Wis. Stats. Any party to a proceeding resulting
in a final determination under § 68.12, Wis. Stats. may
seek judicial review of such final determination pursuant to the provisions
of § 68.13, Wis. Stats.
A licensee shall not transfer his or her license
to another nor shall a licensee operate a sexually oriented business
under the authority of a license at any place other than the address
designated in the application.
Any sexually oriented business having available
for customers, patrons or members any booth, room or cubicle for the
private viewing of any specified anatomical areas or specified sexual
activity 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 sexually oriented business and, except as provided in Subsection
B(2) hereof, 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 or cubicles and any nonpublic areas by a wall.
(2) Each booth shall have at least one side totally open
to the public lighted aisle which may be secured when the booth is
in use by a door which extends from a height of not less than two
feet above the floor.
(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 five 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 shall engage in any type
of sexual activity, cause any bodily discharge or litter while in
the booth. No individual shall damage or deface any portion of the
booth.
It shall be prohibited for a person under the
age of 18 years to be on the premises of a sexually oriented business.
No sexually oriented business shall be open
between the hours of 2:00 a.m. and 8:00 a.m., Monday through Saturday,
or between the hours of 2:00 a.m. and 12:00 noon on Sundays.
The provisions of this chapter do not apply
to the following establishments: theaters, performing arts centers,
civic centers and dinner theaters where live dance, ballet, music
and dramatic performances of serious artistic merit are offered on
a regular basis, and in which the predominant business or attraction
is not the offering of entertainment which is intended for sexual
interests or titillation of customers, and where the establishment
is not distinguished by an emphasis on or the advertising or promotion
of nude or seminude performances. While expressive live nudity or
semi-nudity may occur within these establishments, this chapter seeks
only to minimize and prevent the secondary effects of sexually oriented
businesses on the community. Negative secondary effects have not been
associated with the establishments referenced in this section.
The Village of Saukville Police Department and
Building Inspector shall have the authority to enter a sexually oriented
business at any time the business is occupied or open for business
and at all reasonable times to inspect the premises and enforce this
chapter.
A person who operates or causes to be operated
a sexually oriented business without a valid license or in violation
of this chapter is subject to a suit for injunction as well as municipal
prosecution. Such violation shall be punishable by a forfeiture of
$500, plus court costs and assessments. Each day a sexually oriented
business so operates shall be deemed a separate offense or violation.
Each section and provision of this chapter is
hereby declared to be an independent division and subdivision and,
notwithstanding any other evidence of legislative intent, it is hereby
declared to be the controlling legislative intent that if any provision
of said Ordinance, or the application thereof to any person or circumstance,
is found to be invalid by a court of competent jurisdiction, the remaining
sections or provisions and the application of such sections and provisions
to any person or circumstances other than those to which it is held
invalid shall not be affected thereby, and it is hereby declared that
such sections and provisions would have been enacted independently
of such section or provision found to be invalid.
All ordinances or parts of ordinances in conflict
with the provisions of this chapter are hereby repealed.