[HISTORY: Adopted by the Village Board of the Village of Wrightstown 8-16-1994
by Ord. No. 081694. Amendments noted where applicable.]
It is the purpose of this chapter to regulate sexually oriented adult
entertainment established business (hereinafter referred to as "adult establishment"
to promote the health, safety, morals and general welfare of the citizens
of the Village of Wrightstown, 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 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 chapter, the following terms shall have the
meanings indicated:
Includes bookstores, motion picture theaters, mini-motion picture theaters,
bathhouses, modeling studios, body-painting studios and cabarets; and are
more specifically defined as:
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.
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.
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 activities" or "specified anatomical areas."
ADULT MINI-MOTION PICTURE THEATERAn enclosed building with a capacity for less then 50 persons used for presenting material 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.
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 chapter.
ADULT MOTELA hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmission, films, motion pictures,
video cassettes, 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;
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 subrent the room for
a period of time that is less than 10 hours.
ADULT MODELING STUDIOAn establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.
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 chapter, the adult body-painting studio shall not be deemed to include a tattoo parlor.
ADULT CABARET:
An establishment or business which features male and/or female topless
and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar
entertainers.
Any adult cabaret, as defined above, which features such entertainment
on a periodic and infrequent basis, is considered an adult entertainment establishment
only during those times when the adult entertainment is being presented or
the entertainers are on the premises; and all provisions of this chapter shall
apply during those presentations. Further, such periodic adult cabaret shall
notify the Brown County Sheriff's Department at least 24 hours prior
to the date on which such adult entertainment is to take place.
Any periodic adult establishment, as defined above, shall be licensed
yearly in accordance with the licensing provisions hereinafter set forth.
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.
A.
Except as provided in Subsection D below, from and after the effective date of this chapter, no adult establishment shall be operated or maintained in the Village of Wrightstown without first obtaining a license to operate issued by the Village of Wrightstown.
B.
A license may be issued only for one adult establishment
located at a fixed and certain place. Any person, partnership or corporation
which desires to operate more than one adult establishment must have a license
for each.
C.
No license or interest in a license may be transferred
to any person, partnership or corporation.
D.
All adult establishments existing at the time of the
passage of this chapter must submit an application for a license within 90
days of the passage of this chapter. If an application is not received within
said ninety-day period, then such existing adult establishment shall cease
operations.
A.
Any person, partnership or corporation desiring to secure
a license shall make application to the Village Clerk-Treasurer. The application
shall be filed in triplicate with and dated by the Village Clerk-Treasurer.
A copy of the application shall be distributed within 10 days of receipt thereof
to the Brown County Sheriff's Department, the applicable Health Department,
Building Inspection Division and Planning Department and to the applicant.
B.
The application for a license shall be upon a form approved
by the Village Clerk-Treasurer. An applicant for a license, which shall include
all partners or limited partners of a partnership applicant, or all officers
or directors of a corporate applicant, and any other person who is interested
directly in the ownership or operation of the business shall furnish the following
information under oath:
(1)
Name and address, including all aliases.
(2)
Written proof that the individual is at least 18 years
of age.
(3)
All residential addresses of the applicant for the past
10 years.
(4)
The business, occupation or employment of the applicant
for the 10 years immediately preceding the date of application.
(5)
Whether the applicant previously operated in this or
any other state, county or city under an adult establishment license or similar
business license; whether the applicant has ever had such a license revoked
or suspended, the reasons therefor and the business entity or trade name under
which the applicant operated that was subject to the suspension or revocation.
(6)
All criminal convictions, whether federal or state, or
village ordinance violation convictions, forfeiture of bond and pleadings
of nolo contendere on all charges, except minor traffic violations.
(7)
Fingerprints and two portrait photographs, at least two
inches by two inches, of the applicant.
(8)
The address of the adult establishment to be operated
by the applicant.
(9)
If the applicant is a corporation, the application shall
specify the name of the corporation, the date and state of incorporation,
the name and address of the registered agent and all officers and directors
of the corporation.
A.
To receive a license to operate an adult establishment,
an applicant must meet the following standards:
(1)
If the applicant is an individual:
(a)
The applicant shall be at least 18 years of age.
(b)
Subject to Chapter 111 of the Wisconsin statutes, the applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
(c)
The applicant shall not have been found to have previously
violated this chapter within five years immediately preceding the date of
the application.
(2)
If the applicant is a corporation:
(a)
All officers, directors and others required to be named under § 68-4B shall be at least 18 years of age.
(b)
Subject to Chapter 111 of the Wisconsin statutes, no officer, director or other person required to be named under § 68-4B shall have been convicted of and/or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
(3)
If the application is a partnership, joint venture or
any other type of organization where two or more persons have a financial
interest:
(a)
All persons having a financial interest in the partnership,
joint venture or other type of organization shall be at least 18 years of
age.
(b)
No persons having a financial interest in the partnership, joint venture or other type of organization shall, subject to Chapter 111 of the Wisconsin statutes, have been convicted and/or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
(c)
No persons having a financial interest in the partnership,
joint venture or other type of organization shall have been found to have
violated any provision of this chapter within five years immediately preceding
the date of the application.
B.
No license shall be issued unless the Brown County Sheriff's
Department has investigated the applicant's qualifications to be licensed.
The results of the investigation shall be filed, in writing, with the Village
Clerk-Treasurer no later than 14 days after the date of the application.
C.
The applicable Health Department, Building Inspection
Division and Planning Department shall inspect the premises proposed to be
licensed to verify compliance with their respective codes and shall report
compliance findings to the Village Clerk-Treasurer within 14 days of the date
of the application.
D.
No license shall be issued unless the applicant provides
proof of one of the following:
(1)
Ownership of a properly zoned building or parcel of real
property upon which a building can be constructed. Proper zoning includes
permissible nonconforming use status.
(2)
A lease on a building which is properly zoned to house
the venture. Proper zoning includes permissible nonconforming use status.
(3)
An option to purchase property which is properly zoned
for the venture. Proper zoning includes permissible nonconforming use status.
(4)
An option to lease property which is properly zoned for
the venture. Proper zoning includes permissible nonconforming use status.
A license fee as set forth in Chapter 102, Fees and Penalties, shall be submitted with the application for a license. Such fee shall be waived if the proposed adult establishment is operating under or has applied for an alcohol beverage license and has paid the alcohol beverage licensing fee thereunder.[1]
The license shall be displayed in a conspicuous public place in the
adult establishment.
A.
Every license issued pursuant to this chapter will terminate
on December 31 of the year it is issued, unless sooner revoked, and must be
renewed before operation is allowed in the following year. Any operator desiring
to renew a license shall make application to the Village Clerk-Treasurer.
The application for renewal must be filed not later than 60 days before the
license expires. The application for renewal shall be filed in triplicate
with and dated by the Village Clerk-Treasurer. A copy of the application for
renewal shall be distributed by the Village Clerk-Treasurer to the Brown County
Sheriff's Department and the applicant. The application for renewal shall
be upon a form provided by the Village Clerk-Treasurer and shall contain such
information and date, given under oath or affirmation, as is required for
an application for a new license.
B.
A license renewal fee as set forth in Chapter 102, Fees and Penalties, shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty as set forth in Chapter 102, Fees and Penalties, shall be assessed against the applicant who filed for a renewal less than 60 days before the license expires.
C.
If the Brown County Sheriff's Department is aware
of any information bearing on the operator's qualifications, that information
shall be filed, in writing, with the Village Clerk-Treasurer.
A.
Whenever an initial application is denied, the Village
Clerk shall, within 14 days of the denial, advise the applicant in writing
of the reasons for such action. If the applicant requests a hearing within
10 days of receipt of notification of denial, a public hearing shall be held
at a regularly scheduled meeting of the Village Board as hereinafter provided,
with said hearing to take place no later than 60 days after the applicant
requests said hearing. The Village Board shall then issue a decision within
30 days of said public hearing or said license shall be deemed granted.
[Amended 11-30-1999 by Ord. No. 113099C]
B.
Failure or refusal of the applicant to give any information
relevant to the investigation of the application or his or her refusal or
failure to appear at any reasonable time and place for examination under oath
regarding said application or his or her refusal to submit to or cooperate
with any investigation required by this chapter shall constitute an admission
by the applicant that he or she is ineligible for such license and shall be
grounds for denial thereof by the Village Clerk-Treasurer.
A.
The license granted herein may be revoked or suspended
for up to six months or nonrenewed by the Village Board as follows:
(1)
If the applicant has made or recorded any statement required
by this chapter knowing it to be false or fraudulent or intentionally deceptive.
(2)
For the violation of any provision of this chapter, except
for establishment license matters involving violations of village codes, in
which the license shall be revoked after the second conviction thereof in
any license year.
(3)
After one conviction of any establishment personnel of
an offense under Chapter 944 of the Wisconsin statutes or of an offense against
the person or property of a patron of the property or of an offense involving
substances in Subchapter II of Chapter 961 of the Wisconsin statutes, where
there is shown the participation or knowledge of any other establishment personnel
or of any individual within the business structure of the applicant.
[Amended 11-30-1999 by Ord. No. 113099B]
B.
Notice and hearing.
(1)
No license shall be revoked, suspended or not renewed
by the Village Board except upon due notice and hearing to determine whether
grounds for such action exist. Such hearing shall be held before the Regional
Planning Committee. Notice of such hearing shall be in writing and shall state
the grounds of the complaint against the licensee. The notice shall be served
upon the licensee at least 15 days prior to the date of the hearing and shall
state the time and place thereof. The licensee shall be entitled to be heard,
to be represented by counsel, to cross-examine opposing witnesses and to present
witnesses on his or her own behalf under subpoena by the Village Board if
such is required, and the hearing may be stenographically recorded at the
licensee's option and expense. At the conclusion of such hearing, the
Regional Planning Committee shall submit a report to the Village Board, including
findings of fact and conclusion of law and a recommendation as to what, if
any, action the Village Board should take. The Regional Planning Committee
shall provide the complainant and licensee with a copy of the report. The
Regional Planning Committee shall then file its finding of fact and conclusions
of law with the Village Clerk-Treasurer.
(2)
Either the complainant or licensee may file an objection to the report and have the opportunity to present arguments supporting the objection to the Village Board. The Village Board shall determine whether arguments shall be presented orally or in writing, or both. If the Village Board, after arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided at Subsection A hereinabove. The Village Board shall decide the matter and shall prepare a written decision, which shall be filed with the Village Clerk-Treasurer, and a copy thereof delivered to the licensee and complainant within 20 days after its decision.
Any adult establishment having available 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)
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 individual shall damage or deface any portion of the booth.
A.
The operator shall maintain a register of all employees,
showing the name and aliases used by the employee, home address, birth date,
sex, telephone numbers, Social Security number and date of employment and
termination. The above information on each employee shall be maintained in
the register on the premises for a period of three years following termination.
B.
The operator shall make the register of employees available
immediately for inspection by police upon demand of a member of the Brown
County Sheriff's Department at all reasonable times.
C.
Every act or omission by an 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 employees conduct, and the operator shall be punishable
for such act or omission in the same manner as if the operator committed the
act or caused the omission.
D.
Any act or omission of any employee constituting a violation
of the provision of this chapter shall be deemed the act or omission of the
operator for purposes of determining whether the operator's license shall
be revoked, suspended or renewed.
E.
No employee of an adult entertainment establishment shall
allow any minor to loiter around or to frequent an adult entertainment establishment
or to allow any minor to view sexually oriented adult entertainment as defined
herein.
F.
The operator shall maintain the premises in a clean and
sanitary manner at all times.
G.
The operator shall maintain at least 10 footcandles of
light in the public portion of the establishment, including aisles, at all
times. However, if a lesser level of illumination in the aisles shall be necessary
to enable a patron to view the adult entertainment in a booth, room or cubicle
adjoining an aisle, a lesser amount of illumination may be maintained in such
aisles; provided, however, at no time shall there be less than one footcandle
of illumination in said aisles, as measured from the floor.
H.
The operator shall ensure compliance of the establishment
and its patrons with the provisions of this chapter.
I.
The operator shall ensure that it is conspicuously posted
inside each booth, stall, partitioned portion of a room or individual room
an unmutilated and undefaced sign or poster supplied by the Health Department
which contains information regarding sexually transmitted diseases and the
telephone numbers from which additional information can be sought.
J.
The operator shall ensure that there are conspicuously
displayed at a place near the main entrance of the establishment, or portion
thereof, any information, brochures or pamphlets supplied by the Health Department
pertaining to sexually transmitted diseases.
K.
The operator shall ensure that there are posted regulations
concerning booth occupancy on signs, with lettering at least one inch high,
that are placed in conspicuous areas of the establishment and in each of the
viewing enclosures.
L.
The Health Department shall charge its reasonable costs
for supplying such posters, brochures, pamphlets and other information supplied
under this chapter.
A.
All operators, employees and independent contractors
working in any adult establishment hereunder shall, prior to beginning employment
or contracted duties, register with the Brown County Sheriff's Department.
Such registration shall include the following:
B.
Upon registration, the Brown County Sheriff's Department
will provide to each registered employee an identification card containing
the employee's photographs, identifying the employee as such, which shall
be kept available for production upon request of all village inspecting officers
while on duty at such adult establishment.
C.
All registrations hereunder are valid for a period of
one year.
All private schools and public schools, as defined in Chapter 115 of the Wisconsin statutes, located within the Village of Wrightstown are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.
A.
Any person, partnership or corporation who or which is found to have violated this chapter shall be fined as set forth in Chapter 102, Fees and Penalties, and such violation shall result in the revocation of any license.
[Amended 11-30-1999 by Ord. No. 113099B]
B.
Each violation of this chapter shall be
considered a separate offense, and any violation continuing more than one
day shall be considered a separate offense.
