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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT CABARET. An establishment which features topless dancers, strippers, or similar entertainers.
ADULT ENTERTAINMENT. Any exhibition of any motion picture, video cassette, live performance, display, or dance of any type which has as its dominant theme or is distinguished or characterized by an emphasis on any actual or simulated “specified sexual activities”, “specified anatomical areas”, the removal of articles of clothing, or partial or total nude appearance.
ADULT ENTERTAINMENT STORE. An establishment including in its stock in trade for sale, rent, lease, inspection, or viewing, books, films, video cassettes, novelties, magazines, or other periodicals which have as their dominant theme or are distinguished or characterized by their emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”.
ADULT MINI-THEATER. An enclosed building with a capacity of fewer than 50 persons used for presenting adult entertainment 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.
ADULT ORIENTED ESTABLISHMENT. Includes, but is not limited to, adult entertainment stores, adult theaters, adult mini-theaters, adult cabarets, and any premises to which public patrons or members are invited or admitted and which are physically arranged so as to provide booths, cubicles, rooms, compartments, or stalls separate from the common areas of the premises for the purposes of viewing adult entertainment, whether or not such adult entertainment is held, conducted, operated, or maintained for commercial gain.
ADULT THEATER. An enclosed building with a capacity of 50 or more persons used for presenting adult entertainment 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.
OPERATOR. Any person, partnership, corporation, or other organization operating, conducting, maintaining, or owning any adult oriented establishment.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernible turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Simulated or actual:
(1) Showing of human genitals in a state of sexual stimulation or arousal;
(2) Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, or cunnilingus; and/or
(3) Fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts.
(Prior Code, § 12.12)
(A) No person may engage in, conduct, or carry on the operation or maintenance of an adult oriented establishment without first obtaining a valid adult oriented establishment license issued under this chapter.
(B) 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 adult oriented establishment.
(C) Any adult oriented establishment existing at the time of the passage of this chapter must submit an application for a license within 60 days of the passage of this chapter.
(Prior Code, § 12.12) Penalty, see § 111.99
(A) Any person desiring to obtain an adult oriented establishment license shall pay the required fee as provided in § 36.04 to defray the costs of administration and investigation of the application.
(B) Any person desiring an adult oriented establishment license shall file a written application with the Village Administrator/Clerk on a form provided in the Administrator/Clerk’s office. The information provided to the Administrator/Clerk shall be given under oath.
(1) If the applicant is a corporation, the name of the corporation shall be set forth exactly as set forth in its articles of incorporation together with the date and state of incorporation and the names and residence addresses of each of its officers, directors, and each stockholder holding 5% or more of the stock or beneficial ownership of the corporation. The application shall also be verified by an officer of the corporation.
(2) If the applicant is a partnership, the application shall set forth the name of the partnership and the name and residence address of each of the partners, including limited partners, and be verified by each partner. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate partner.
(3) If the applicant is neither a corporation nor a partnership, the application shall set forth the true full name and residence address of the applicant and be verified by the applicant. The application shall also include any other name by which the applicant has been known during the previous five years.
(C) The application also shall set forth the proposed place of business of the adult oriented establishment by business address, including suite number, and not by post office box and shall contain a description of the nature and scope of the proposed business operation. In addition, the following information shall be furnished concerning the applicant if an individual; each officer and director and all stockholders who own 5% or more of the stock or beneficial ownership if the applicant is a corporation; and each partner, including limited partners, if the applicant is a partnership:
(1) The previous residence address, if any, for a period of three years immediately prior to the date of application and the dates of such residence;
(2) Written proof that the individual is at least 18 years of age;
(3) A complete set of fingerprints;
(4) The business, occupation, or employment history for three years immediately preceding the date of application including, but not limited to, whether such person previously operated under any permit or license in another municipality in this or another state and whether any such permit or license had ever been suspended or revoked;
(5) All convictions in any state or federal court within the past five years, including municipal ordinance violations, exclusive of traffic violations, with a brief statement of the nature of the convictions and the jurisdiction in which the convictions occurred;
(6) All pending criminal charges in any state or federal court, with a brief statement of the nature of the pending charges and the jurisdiction in which the charges are pending;
(7) The names of persons who will have custody of the business records at the business location;
(8) The name and address of the person who will be the agent for service of process; and
(9) Such other information relating to the application as may be required by the Law Enforcement Committee.
(D) The application shall include the proposed hours of operation and a detailed floor plan.
(E) The Village Administrator/Clerk shall notify the Chief of Police, the Chief of the Fire Department, and the Building Inspector of any adult oriented establishment license application and these officials shall inspect, or cause to be inspected, each such application and the premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances, and laws applicable thereto. These officials shall furnish to the Law Enforcement Committee, in writing, the information derived from such investigation and a statement as to whether the applicant and the premises meet the requirements of the department for whom the officer is certifying within five business days of receipt of notice from the Village Administrator/Clerk. Upon receiving the information from said officials, the Law Enforcement Committee shall, within ten days, file its written recommendation with the Village Board.
(F) Upon receiving a recommendation of the Law Enforcement Committee, within 30 days of receiving an application for license, the Village Board shall grant, with conditions, or deny a license to the applicant. The Village Administrator/Clerk shall notify the applicant whether the application is granted or denied.
(G) Whenever an application is denied, the Village Administrator/Clerk shall advise the applicant, in writing, of the reasons for such action. If the applicant requests a hearing within ten days of receipt of notification of denial, a public hearing shall be held within ten days thereafter before the Village Board.
(H) Failure or refusal of the applicant to give any information relevant to the application, failure or refusal to appear at any reasonable time and place for examination under oath regarding said application, or refusal to submit to or cooperate with regard to any information 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.
(Prior Code, § 12.12) (Ord. 03-2019, passed 2-14-2019)
The Village Board shall issue an adult oriented establishment license if, upon recommendation by the Law Enforcement Committee, it finds that:
(A) The required fee has been paid;
(B) The application conforms in all respects to this chapter;
(C) The location of the adult oriented establishment is not within 1,000 feet of any church or synagogue building, school building or park, nor within 200 feet of any residential district;
(D) The applicant has not knowingly made a material misstatement in the application;
(E) The applicant has supplied all the information required under § 111.03 and the information requested by the Law Enforcement Committee regarding the investigation of his or her application;
(F) The adult oriented establishment, as proposed by the applicant, would comply with all applicable laws including, but not limited to, 155 of this code;
(G) The applicant has not had an adult oriented establishment license or permit, or other similar license or permit, revoked or suspended in this state or any other state within three years prior to the date of application;
(H) The applicant, if an individual; any of the stockholders holding 5% or more of the stock or beneficial ownership of the corporation, and any officers, agents, or directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership, does not, at the time of application, have pending any criminal charge for or within five years prior to the date of application, has not been convicted of any offense involving dishonesty, fraud, deceit, robbery, the use or threatened use of force or violence upon the person of another, or sexual immorality under Wis. Stats. Chapters 944 or 948, as amended, or the laws of another state similar in nature to said Wis. Stats. Chapters 944 or 948, or other offense subject to Wis. Stats. § 111.335 as amended;
(I) The applicant, if a corporation, is licensed to do business and is in good standing in the state; and
(J) All individual applicants; all stockholders holding 5% or more of the stock or beneficial ownership, directors, and officers, if the applicant is a corporation; and all partners, including limited partners, if the applicant is a partnership, are at least 18 years of age.
(Prior Code, § 12.12)
Any corporation holding an adult oriented establishment license under this chapter shall report to the Village Administrator/Clerk, in writing, within 15 days of the event described herein, any of the following:
(A) Any change of officers of the corporation; or
(B) Any change in the membership of the board of directors of the corporation.
(Prior Code, § 12.12)
(A) Any act or omission of any employee constituting a violation of the provisions of this section 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.
(B) No employees of an adult oriented establishment shall allow any minor to loiter around or to frequent an adult oriented establishment or to allow any minor to view adult entertainment.
(C) The operator shall maintain the adult oriented establishment in a clean and sanitary manner at all times.
(D) The operator shall maintain at least ten footcandles of light in the public portions of the adult oriented 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.
(E) No alcoholic beverage may be served or permitted on the premises.
(F) No sexual activity of any kind shall be permitted on the premises.
(G) The operator shall ensure compliance of the adult oriented establishment and its patrons with the provisions of this chapter.
(H) No person licensed as an adult oriented establishment may, in any manner, advertise its establishment as licensed by the village.
(Prior Code, § 12.12)
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