[HISTORY: Adopted by the Village Board of the Village of Westfield 8-9-2005.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning
indicated:
An adult bookstore, adult theater, adult massage parlor, adult sauna,
adult entertainment center, adult cabaret, adult health/sport club, adult
steam room/bathhouse facility, or any other business whose primary business
activity is characterized by emphasis on matters depicting, describing, or
relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse
as defined herein.
Any establishment licensed by the Village to sell alcohol beverages
pursuant to Ch. 125, Wis. Stats.
The holder of a retail "Class A," "Class B," Class "B," Class "A"
or "Class C" license granted by the Village pursuant to Ch. 125, Wis. Stats.
The showing of the human male or female genitals or pubic area with
less than a fully opaque covering or the depiction of covered male genitals
in a discernibly turgid state and/or the appearance of bare buttocks, anus
or female breast.
Acts of masturbation, sexual intercourse, or physical contact with
a person's unclothed genitals, pubic area, buttocks, or, if such person is
a female, her breast.
The condition of human male or female genitals when in a state of
sexual stimulation or arousal.
Any bar, dance hall, restaurant, or other places of business, whether or not licensed under Chapter 310, Intoxicating Liquor and Fermented Malt Beverages, of this Code, which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or waiters or waitresses, any of whom engage in sexual conduct as that term is defined in § 944.21(2)(e), Wis. Stats., as may be amended from time to time, or the simulation of such activities by any such individual, or any such business establishment, the advertising for, or a sign or signs identifying, which use the words "adult," "topless," "nude," "bottomless" or other words of similar import.
A.
Distance limitations.
(1)
No adults-only bookstore, adult theater, adult message
parlor, adult cabaret, adult health/sport club, adult steam room/bathhouse
facility allowing nudity, or other adult-oriented entertainment businesses
as defined under this chapter shall:
(2)
No person, partnership, corporation or other entity shall
own, operate, manage, rent, lease, occupy or exercise control of any building,
structure, premises or portion or part thereof within which occurs the activities
specified in this chapter if otherwise allowed or housing a special cabaret,
as of the effective date of this chapter, that is located closer than 1,000
feet to the nearest lot line, that is the legal boundaries of a parcel of
property, of a similar establishment or any school (whether preschool, elementary,
middle or high school, whether public or private) or any residentially zoned
property, library, church or chapel, park or playground, or licensed day-care
facility.
B.
Same use restrictions. No adult-oriented business shall
be located in the same building or upon the same property as another such
use.
Notwithstanding any other provision of this Code, an adult-oriented
entertainment business shall not be permitted more than one sign advertising
its business, which shall be an on-premises or building sign only. All such
signs shall meet the following criteria:
A.
No other merchandise or pictures of the products or entertainment
on the premises shall be displayed in window areas or any area where they
can be viewed from the sidewalk in front of the building.
B.
No sign shall be placed in any window. A one-square-foot
sign may be placed on the door to state hours of operation and admittance
to adults only.
C.
No sign shall contain any flashing lights, moving elements,
or mechanically changing messages.
D.
No sign shall contain any depiction of the human form
or any part thereof nor shall it contain sexually explicit language such as
"Nude Dancing" or "Girls, Girls, Girls," etc.
F.
In order to allow currently operating adult-oriented
entertainment businesses to recover their financial investment in current
signage, any currently operating adult-oriented entertainment business shall
bring its signage into conformity with the provisions of this section within
one year from the date of passage of this chapter.
All such adult-oriented entertainment businesses shall operate in accordance
with the following:
A.
No employee shall solicit business outside the building
in which the business is located.
B.
No male or female person, while on the premises, shall
expose to public view his or her genitals, pubic area, anus, or anal cleft.
Full nudity is prohibited.
C.
No person on the premises shall engage in sexual conduct
or sadomasochistic abuse or in any way fondle their genitals.
D.
Nudity is prohibited for any employee of an adult-oriented
business where such person is in direct personal contact with another person.
E.
No person, employee, entertainer or patron shall be permitted
to have any physical contact with any entertainer on the premises during any
performance, except for the taking of tips, which must be taken on the hip
or the side of the entertainer's G-string, T-bar or costume, or in a garter.
All performances shall only occur on a stage, or on a table that is in a designated
area within full and unrestricted view of the bar area, either of which is
elevated at least 18 inches above the immediate floor level and removed a
distance sufficient to prevent actual physical contact between the entertainer
and another entertainer or any other person, employee or patron.
F.
No person under the age of 18 years of age may be admitted
to, may enter or remain on, may purchase goods or services at, or may work
or be permitted to work as an employee in any capacity at an establishment
subject to the provisions of this chapter.
G.
No person shall cause another to commit a violation of
this chapter, nor shall any person permit such violation to occur on any premises
under his/her control, tenancy, management or ownership.
The building's exterior shall meet the following criteria:
A.
Colors shall be earth or neutral tones with primary accent
colors to be within the same color family.
B.
Stripe and geometric patterns are prohibited.
C.
A color scheme which is directly inherent to a unique,
recognized architectural style but not otherwise compliant with this section
may be reviewed and approved by the Village Board.
D.
The exterior shall be adequately maintained in good condition.
The provisions of this chapter do not apply to the following licensed
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 to customers of entertainment which
is intended to provide sexual stimulation or sexual gratification to such
customers and where the establishment is not distinguished by an emphasis
on, or the advertising or promotion of, employees engaging in nude erotic
dancing.
Any person, partnership, or corporation who or which violates any of the provisions of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this chapter constitutes sufficient grounds for suspending, revoking or not renewing an alcohol beverage license under § 125.12, Wis. Stats.
The provisions of this chapter shall apply to all existing and future
adult-oriented entertainment businesses. However, any such existing business
that does not meet the zoning district restrictions or the distance limitations
may continue its existence as a nonconforming use; provided, however, that
no such business may be enlarged or increased in size or be discontinued for
a period of more than 180 days.
