2002-119 REVISED
ORDINANCE NO. 2002 - 119
An ordinance updating danesville's nudity in public places and adult oriented
entertainment business licensing and zoning regulations for both alcohol licensed and
non-alcohol properties, and requiring compliance with reasonable health, welfare, safety
and zoning standards, with penalties, forfeitures and other relief for violations thereof as
set forth in revised and recreated,lGO Chapter 9.21 or Section 5.82.140, as applicable.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Chapter 9.21 of the Code of General Ordinances of the City of
Janesville is hereby repealed and recreated in its entirety to read as follows:
"Chapter 9.21
1NDECENT EXPOSURE - PUBLIC NUDITY
9.21.010
9.21.020
9.21.030
Intent -- Definitions.
Prohibition.
Violation - Penalty.
9.21.010 Intent Definitions. A. The health, welfare, peace, tranquility,
safety, good order police power legitimate governmental interest intent, goals and content
neutral objectives of the Common Council as set forth in Chapter 5.82 of the Code of
General Ordinances of the City of Janesville, as t~om time to time amended or renumbered,
are hereby reiterated, adopted and incorporated herein by reference as if fully set forth
verbatim.
B. Unless specifically defined or used differently in this chapter, the terms set
forth and defined in Chapter 5.82 of the Code of General Ordinances of the City of
Janesville, as from time to time amended or renumbered, are hereby reiterated, adopted and
incorporated herein by reference as if fully set forth verbatim.
C. "Public Place." 1. "Public Place" means upon any public
property owned by or open to the general public, such as a public park, beach, playground,
school ground, street, highway, sidewalk, alley, greenbelt, and other public place held open
to the general public, and all buildings and enclosed places thereon and whether or not an
admission or other fee is charged, levied or collected; and private property only if the
exposure or prohibited activity is occurring without the consent of the property owner or
possessor.
2. Exempt from the application of this chapter are private motel, hotel and
boarding house sleep rooms, private residences and other places of private abode; and
mothers breastfeeding their children.
9.21.020 Prohibition. A. No person, in a public place as defined herein,
may intentionally or knowingly engage in the actual:
Showing or revealing of a human bare buttock, anus, pefineum,
anal region, anal or natal cleft or cleavage, pubic area, male
genitals, testicle, female genitals, vulva, or female nipple, female
areola, whether or not in a state of sexual stimulation or arousal,
with less than a fully opaque covering; or
Showing or revealing of human male genitals in a discernibly erect
or turgid state, even if completely and opaquely covered; or
Act of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sado-masochistic abuse, fellatio or cunnilingus.
9.21.030 Violation - Penalty. A. Any person who violates any of the
provisions of this chapter shall forfeit and pay to the city a penalty of not less than One
Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00),
together with the costs of prosecution, for each offense.
B. Each incident and each day during which any such violation continues
shall be deemed a separate offense.
C. In default of the payment of such forfeiture, such person shall be subject to
the remedies vested in the court for such non-payment.
D. In addition to and not in lieu of the penalties and remedies set forth in this
chapter, the City may seek, obtain and enforce one and/or more forms of injunctive and
other equitable and/or legal relief against the offender for said violation(s)."
2
SECTION II. Chapter 5.82 of the Code of General Ordinances of the City of
Janesville is hereby repealed and recreated to read as follows:
"Chapter 5.82
Adult Entertainment Establishments
Licensing Regulations
Sections:
5.82.010
5.82.020
5.82.030
5.82.040
5.82.050
5.82.060
5.82.070
5.82.080
5.82.090
5.82.100
5.82.110
5.82.120
5.82.130
5.82.140
Preamble -- Purpose.
Definitions.
License -- Required -- Adult Entertainment Establishments.
License -- Application -- Issuance.
Standards for Issuance of License.
Fees -- New -- Renewal.
Display of License or Permit.
License Term -- Renewal of License or Permit.
Prohibitions.
Responsibilities of the Licensee, Operator and Persons in Charge.
Exemptions
Suspension, Revocation and Non-Renewal of License -- Appeals
Severability.
Violations -- Penalties -- Other Relief.
5.82.010 Preamble -- Purpose. A. Whereas, it is a lawful
purpose of the Common Council for the City of Janesville to enact regulatory ordinances
protecting and promoting the general welfare, peace, security, health and safety of its
citizens, and good order of the city and its neighborhoods; and
B. Whereas, the City is empowered to enact such ordinances
pursuant to Article XI., section 3. of the Wisconsin Constitution, and Sections 62.11 (5),
62.23, 66.0101, 66.0107, and other Home Rule, police power and applicable provisions
of the Wisconsin Statutes, all as from time to time amended or renumbered, for the public
health, welfare, peace, tranquility, good order and public benefit; and
C. Whereas, it is the purpose of this ordinance and its component related
ordinances herein to regulate public nudity and sexually oriented activities to protect and
promote the general welfare, peace, security, health and safety of its citizens, and good
order of the city and its neighborhoods; to establish reasonable and uniform regulations
to prevent the deleterious location and concentration of sexually oriented businesses
within the City; to reasonably license such activities to facilitate the public welfare; and
to limit the negative, adverse and undesirable secondary effects flowing from such
establishments; and
3
D. Whereas, the provisions of this ordinance have neither the purpose nor
effect of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials, or adult entertainment; nor is it the
intent or effect of this ordinance to restrict or deny access by adults to sexually oriented
materials or adult sexually oriented entertainment protected by the First Amendment, nor
to deny access by the distributors or exhibitors of sexually oriented entertainment in their
intended market; nor is it the intent or effect of this ordinance to condone or legitimize
the distribution of obscene materials; and
E. Whereas, the Common Council, based upon the actual experience, studies,
findings and reports of other cities, communities and local governments from across the
United States including, but not limited to, Erie, Pennsylvania; Seattle and Renton,
Washington; Detroit, Michigan; Phoenix and Tucson, Arizona; Los Angeles and
Whittier California; Times Square, New York, New York; Cleveland, Ohio; Austin,
Dallas, Houston, E1 Paso and Amarillo, Texas; Oklahoma City, Oklahoma; Indianapolis,
Indiana; St. Paul and Minneapolis, Minnesota; to name a few, find that:
Adult oriented entertainment establishments and public nudity in
such establishments by performers, employees and patrons, can
and do contribute to the impairment of the character and quality of
surrounding residential neighborhoods;
2. Contribute to the decline and the value of surrounding properties;
3. Contribute to physical deterioration and blight of neighborhoods;
Have a deleterious effect on both existing businesses around them
and surrounding residential areas, including increased transiency,
increased levels of criminal activities including prostitution,
promotion of prostitution, rape, sexual assaults, other assaults,
other sex related crimes; robbery; dissemination of obscenity;
sale, distribution or display of harmful material to a minor; sexual
performance by a child; possession or distribution of child
pornography; public lewdness; indecent exposure; indecency
with a child; sexual molestation; molestation of a child;
disorderly conduct; disturbances of the peace; drinking in public;
littering; and other violations of the law;
Contribute to the impairment of the character and quality of a
surrounding residential neighborhood;
Contribute to a decline in the value of surrounding properties
which in turn could and often do have a detrimental effect upon
4
10.
11.
12.
13.
14.
15.
development, growth of nearby development and tax incremental
financing districts;
Harm the economic welfare of the communities;
Negatively and adversely affect the quality of life in the
communities;
Sexually oriented businesses lend themselves to unhealthy
activities that are generally uncontrolled by owners and operators
without regulations and that there is presently no mechanism
without this ordinance to effectively make the owners and
operators of such establishments responsible for the activities that
occur upon the premises;
Crime statistics show that all types of crimes, especially sex-
related crimes, occur with more frequency in neighborhoods where
sexually oriented businesses are located;
Sexual acts, including masturbation, and oral and anal sex, occur at
sexually oriented businesses, especially those which provide
private or semi-private booths or cubicles for viewing films,
videos, or live sex shows. See, e.g, California v. LaRue, 409 U.S.
109, 111 (1972). See also Final Report of the Attorney General's
Commission on Pornography (1986) at 377;
Offering and providing such booths and/or cubicles encourages
such activities, which creates unhealthy conditions. See, e.g., Final
Report of the Attorney General's Commission on Pornography
(1986) at 376-77;
Persons frequent certain adult theaters, adult arcades and other
sexually oriented businesses, for the purpose of engaging in sex
within the premises o£such sexually oriented businesses. See, e.g,
Arcara v. Cloud Books, Inc., 478 U.S. 697, 698 (1986). See also
Final Report of the Attorney General's Commission on
Pornography (1986) at 376-77;
Many adult entertainment establishments provide live
entertainment in which physical contact between performers and
customers, often sexual in nature, occurs and can occur, thus
facilitating the transmission of various diseases, including AIDS;
and
In Milwaukee and Kenosha Counties, Wisconsin; the City of
Waukesha, Wisconsin; Chattanooga, Tennessee; Newport News,
5
16.
17.
18.
19.
20.
21.
22.
Virginia; and Marion County, Indiana, to name a few locales, it
has been found that the viewing booths in adult oriented
establishment have been and are being used by patrons of said
establishments for engaging in sexual acts, particularly between
males, including but not limited to intercourse, sodomy, oral
copulation and masturbation, resulting in unsafe and unsanitary
conditions in said booths;
Acquired Immune Deficiency Syndrome (AIDS) is a sexually
transmitted disease which destroys the body's immune system, is
fatal, and has no known cure;
The viral agents responsible for AIDS and other sexually
transmitted diseases have all been isolated at one time or another
from semen;
At least fifty (50) communicable diseases may be spread by
activities occurring in sexually oriented businesses including, but
not limited to, syphilis, gonorrhea, genital chlamydia trachomatis,
human immunodeficiency virus infection (HIV-AIDS), genital
herpes, hepatitis B, Non A, Non B amebiasis, salmonella
infections, and shigella infections. See, e.g., Study of Fort Meyers,
Florida;
As of December, 1996, the total number of reported cases of AIDS
in the United States caused by the immunodeficiency virus (HIV)
was 581,429. See, e.g., Statistics of the U.S. Department of Health
and Human Services, Centers for Disease Control and Prevention
at www.cdc.gov.;
In 1989, statistics from the State of Wisconsin had indicated that as
of July 25, 1986, 96 cases of AIDS were reported in the State
including 54 that resulted in death and that Wisconsin could expect
a ten fold increase in reported cases between 1986 and 1991;
As of January 1, 1995, the State of Wisconsin Department of
Health and Social Services, Division of Public Health is projecting
between 900-1300 new cases of AIDS during 1995 and 1996;
The total number of cases of genital chlamydia trachomatis
infections in the United States reported in 1997 was 526,653, an
8% increase over the year 1996. See, e.g., Statistics of the U.S.
Department of Health and Human Services, Centers for Disease
Control and Prevention at www. cdc. gov.;
6
23.
24.
25.
26.
27.
28.
29.
30.
The total number of cases of early (less than one year) syphilis in
the United States reported during the twelve year period 1985-
1997 was 387,233. See, e.g., Statistics of the U.S. Department of
Health and Human Services, Centers for Disease Control and
Prevention at www.cdc, gov.;
The number of cases of gonorrhea in the United States reported
annually remains at a high level, with a total of 1,901,365 cases
reported during the period 1993-1997. See, e.g., Statistics of the
U.S. Department of Health and Human Services, Centers for
Disease Control and Prevention at www.cdc.gov.;
The surgeon general of the United States in his report of October
22, 1986, advised the American public that AIDS and HIV
infection may be transmitted through sexual contact, intravenous
drug use, exposure to infected blood and blood components, and
from an infected mother to her newborn;
According to the best scientific evidence available, AiDS and HIV
infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts. See, e.g., Statistics of the U.S.
Department of Health and Human Services, Centers for Disease
Control and Prevention at www.cdc.gov.;
Sanitary conditions in some sexually oriented businesses are
unhealthy, in part, because the activities conducted there are
unhealthy, and, in part, because of the unregulated nature of the
activities and the failure of the owners and operators of the
facilities to self-regulate those activities and maintain those
facilities. See, e.g. Final Report of the Attorney General's
commission on Pornography (1986) at 377;
Numerous studies and reports have determined that bodily fluids,
including semen and urine, are found in the areas of sexually
oriented businesses where persons view "adult" oriented films.
See, e.g. Final report of the Attorney General's Commission on
Pornography (1986) at 377;
Nude dancing in adult establishments encourages prostitution,
increases sexual assaults, and attracts other criminal activity. See,
e.g. Barnes v. Glen Theatre, 501 U.S. 560, 583, (1991);
Nude dancing in adult establishments increases the likelihood of
drug-dealing and drug use. See, e.g. Kev, Inc. v. Kitsap County,
793 F. 2d 1053, 1056 (9th Cir. 1986);
7
31.
Sexually oriented businesses have operational characteristics that
should be reasonably regulated in order to protect those substantial
governmental concerns;
32.
A reasonable licensing procedure is an appropriate mechanism to
place the burden of that reasonable regulation on the owners and
operators of sexually oriented businesses. Further, such licensing
procedure will place a heretofore non-existent incentive on
operators to see that the sexually oriented business is run in a
manner consistent with health, safety, and welfare of its patrons
and employees, as well as the citizens of the city. It is appropriate
to require reasonable assurances that the licensee is the actual
operator of the sexually oriented business, fully in possession and
control of the premises and activities occurring therein;
33.
Removal of doors on adult booths and requiring sufficient lighting
on the premises with adult booths advances a substantial
governmental interest in curbing the illegal and unsanitary sexual
activity occurring in adult establishments;
34.
The disclosure of certain information by those ultimately
responsible for the day-to-day operation and maintenance of the
sexually oriented business, where such information is substantially
related to the significant governmental interest in the operation of
such uses, will aid in preventing the spread of sexually transmitted
diseases and criminal activity;
35.
The fact that an applicant for a sexually oriented business license
has been convicted ora sex-related crime leads to the rational
assumption that the applicant may engage in that conduct in
contravention to this ordinance;
36.
Such secondary effects are detrimental to the public health, safety,
peace, tranquility, and general good order of the community and
welfare of the citizens; and
F. Whereas, the United States Supreme Court and various Federal and state
courts have held that a local unit of government, such as the City of Janesville, may rely
upon and incorporate by reference such findings and experiences into its own findings
and legitimate concerns about the adverse and undesirable secondary effects arising from
and pertaining to adult oriented entertainment establishments, public nudity therein,
crime, prostitution, gambling, littering, and the other adverse secondary impacts
described in this ordinance, and jointly and severally use such findings and
determinations of the United States Supreme Court in previous rulings, as well,
including, but not limited to, City of Erie v. Pap's A.M., 529 U.S. 277, 146 L. Ed. 2d 265,
120 S. Ct. 1382 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of
8
Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Arcara v. Cloud Books, Inc., 478
U.S. 697 (1986); Iacobucci v. City of Newport, Ky, 479 U.S. 92 (1986); Young v.
American Mini Theatres, 426 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972);
United States v. O'Brien, 39 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F.
3d 403 (6th Cir. 1997); Key, Inc. v. Kitsap County, 793 F. 2d 1053 (9th Cir. 1986); Hang
On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); South Florida Free Beaches,
Inc. v. City of Miami, 734 F. 2d 608 (11th Cir. 1984); and N. IK Enterprises v. City of
Houston, 27 F. Supp. 2d 754 (S.D. Tex. 1998), as the basis for content neutral regulation
of such establishments and the behavior therein without affecting the substance of verbal
or non-verbal speech, with the legitimate intent and goal of reducing or eliminating such
negative secondary effects to as great a degree as possible; and
G. Whereas, the Janesville Common Council believes that the experiences,
evidence and studies from the other cities and communities cited, set forth herein, and/or
considered by the Common Council in whole, part or summary, are relevant and
important in understanding and addressing the secondary effects adult entertainment and
oriented establishments can and do have upon neighborhoods, persons, economies, the
areas surrounding such establishments and the City of Janesville; and
H. The Common Council of the City of Janesville rely upon the findings,
studies, evidence and experiences of such other cities and communities, and previous
applicable United States Supreme Court and other Federal and state court holdings, and
hereby adopt and incorporate such findings, studies, evidence, experiences and court
rulings and holdings herein by reference as if fully set forth verbatim as part of their
findings and basis for this ordinance and its regulations; and
I. Whereas, adult-oriented establishments in proximity to residential areas,
churches, parks, and schools may and do often lead to an increase in criminal activities in
the surrounding areas and the City desires to protect the youth of the community from the
deleterious effects such businesses can have on adjacent areas by restricting their close
proximity to places of worship, schools and residential areas; and protect its citizens and
residents from increased crime, ordinance violations such as, but not limited to,
disorderly conduct, drinking in public, possession of intoxicants by underage persons,
public disturbances of the peace, littering, illegal drug use and sales, prostitution and
gambling; and
J. Whereas, among these secondary effects described in greater detail above
are: (a) the potential increase in prostitution and other sex-related offenses, as well as
other crimes and offenses, (b) the potential depreciation of property values in
neighborhoods where bars and tavems featuring nude dancing exist, (c) health risks
associated with the spread of sexually transmitted diseases, and (d) the potential for
infiltration by organized crime for the purpose of unlawful conduct; and
K. Whereas, the Common Council of the City of Janesville recognize they
lack authority to regulate obscenity in light of Section 66.0107(3) of the Wisconsin
Statutes and do not intend by adopting this ordinance to regulate obscenity, since nudity
9
in and of itself is not obscene, and declare their intent to enact an ordinance addressing
the secondary effects of live, totally nude, non-obscene, erotic dancing in bars, taverns
and other adult oriented establishments; and
L. Whereas, the Common Council recognize that the U.S. Supreme Court has
held that nude dancing is expressive conduct within the outer perimeters of the First
Amendment to the United States Constitution and therefore entitled to some limited
protection under the First Amendment, and the governing body further recognizes that
freedom of speech is among our most precious and highly protected rights, and wishes to
act consistently with full protection of those rights; and
M. Whereas, this governing body desires to minimize, prevent and control
these adverse effects and thereby protect the health, safety and general welfare of the
citizens of Janesville; protect the citizens from increased crime; preserve the quality of
life; preserve the property values and character of surrounding neighborhoods; deter the
spread of urban blight; and assure and facilitate the health, welfare, peace, tranquility
and good order of the City of Janesville and its residents and neighborhoods; and
N. Whereas, the governing body has determined that enactment of this
ordinance legitimately promotes the valid goals and intent of minimizing, preventing and
controlling the negative and adverse secondary effects associated with such activities, and
does so in a content neutral manner while preserving numerous other means of free
expression while regulating only certain behavior in a uniform yet limited manner; and
O. Whereas, the United States Supreme Court in the case of City of Renton
vs. Playtime Theaters, Inc., 475 US 41,106 S. Ct., 925, 89 L. Ed., 2d, 29 (1986) and
¥oungvs. American Mini Theaters, 427 US 50, 96 S. Ct., 2440, 49 L. Ed., 2d, 310 (1976)
have approved efforts by local governments to regulate the location of adult-oriented
establishments through land use plans; and
P. Whereas, a reasonable regulation of the location of adult entertainment
establishments will provide for the protection of the image of the community and its
property values and protect the residents of the community from the adverse secondary
effects of an adult-oriented establishment, while providing to those who desire to
patronize adult-oriented establishments, such an opportunity in areas within the city
which are appropriate for a location of adult-oriented establishments, while reasonably
regulating the disorderly effects of public nudity as herein defined; and
Q. Whereas, pursuant to the City of Janesville's authority, and in furtherance
of the legitimate and reasonable health, welfare, peace, tranquility, safety, good order
police power interest intent, goals and content neutral objectives of the Common Council as
set forth in this chapter and related ordinances, that the Common Council hereby find
compelling and substantial, it is the intent of the Common Council to adopt by ordinance
reasonable regulations, including the licensing and restricting the location of adult
oriented establishments, as defined herein, to promote the City of Janesville's interest in
protecting and preserving the quality of its neighborhoods, commercial districts, and
10
quality of urban life through effective land-use planning, as well as the other legitimate
governmental goals and objectives articulated and enumerated elsewhere in this
ordinance, all of regulations are found the least intrusive; and
R. Whereas, although the provisions of this ordinance have neither the
purpose or effect of imposing a limitation or restriction on the content of any
communicative materials, the Common Council deems it to be in the interests of the City
of Janesville to provide for licensing, regulation and zoning of adult oriented
establishments including, but not limited to, adult bookstores, adult mini-motion picture
establishments, adult motion picture theaters and adult cabarets to combat and curb the
adverse, undesirable and harmful secondary effects of such establishments; and
S. Whereas, the Plan Commission and Common Council of the City of
Janesville each separately conducted a public heating in conjunction with and prior to the
consideration and adoption of this proposed ordinance and heard testimony from
proponents and opponents of the proposed ordinance, with the Plan Commission
recommending the adoption of the zoning code provisions of this proposed ordinance as
amendments to our existing zoning code; and
T. Whereas, the proposed licensing, regulation and zoning ordinance(s)
jointly and severally serve and directly promote substantial and legitimate government
interest and do not unreasonably limit alternative avenues of communication. Based
upon the above findings and recitals, the Common Council of the City of Janesville
hereby adopt this ordinance and its various reasonable, content-neutral and legitimate
governmental interest components, provisions, re-creations, regulations and amendments.
5.82.020 Definitions. A. Adult Arcade. Any place to
which the public is permitted or invited wherein coin-operated or slug-operated or
electronically, electrically, or mechanically controlled still or motion picture machines,
projectors, videos, or other image-producing devices are 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 the depicting or describing of "specified sexual
activities" or "specified anatomical areas."
that:
Adult Bookstore or Adult Video Store. A commercial establishment
1. As one of its "principal business purposes," offers for sale or rental
for any form of consideration any one or more of the following:
Books, magazine, periodicals or other printed matter, or
photographs, films, motions picture, video cassettes or
video reproductions, slides, or other visual representations
that depict or describe "specified sexual activities" or
"specified anatomical areas;" or
11
Instruments, devices, or paraphernalia that are designed for
use with "specified sexual activities;" or
Has a facility or facilities, including but not limited to booths,
cubicles, rooms or stalls, for the presentation of "adult
entertainment", as defined in this ordinance, including adult
oriented films, movies or live performances for observation by
patrons therein; or an establishment having as a substantial or
significant portion of its stock in trade, for sale, rent, trade, lease,
inspection or viewing, books, films, video cassettes, magazines or
other periodicals, which are distinguished or characterized by their
emphasis on matters depicting, describing or relating to specified
anatomical areas or specified sexual activities as defined herein.
C. Adult Cabaret. Means a nightclub, bar, tavern, restaurant, caf6, or
any other alcohol license and/or non-alcohol licensed commercial establishment,
premises or property that regularly, commonly, habitually or consistently features:
1. Persons who appear in a state of nudity or semi-nudity; or
Live performances that are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities"; or
Films, motion pictures, video cassette, slides, photographic
reproductions, or other image producing devices that are
characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas"; or
Persons who engage in "exotic" or erotic dancing or performances
that are intended for the sexual interests or titillation of an
audience or customers; or
Features, provides, employs, displays, permits or allows live
topless or bottomless, nude or partially nude dancers, strippers,
performers, male or female impersonators or similar entertainers.
D. Adult Entertainment. Any exhibition of any motion picture, live
performance, display or dance of any type, that has as its dominant theme or is
distinguished or characterized by an emphasis on any actual or simulated "specified
sexual activities" or the exposure of any "specified anatomical areas" as herein defined.
E. Adult Entertainment Establishment.
Establishment.
See Adult Oriented
F. Adult Entertainment License.
this chapter.
A license required and issued under
12
G. Adult Mini-Motion Picture Theater. An enclosed building with a
capacity of less than fifty (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 actual or simulated "specified sexual activities" or "specified
anatomical areas" as herein defined for observation by patrons therein.
H. Adult Motion Picture Theater. An enclosed building with a capacity
of fifty (50) or more persons used for presenting material having as its dominant theme or
distinguished or characterized by an emphasis on matters depicting, describing or relating
to actual or simulated "specified sexual activities" or "specified anatomical areas" as
herein defined for observation by patrons therein.
I. Adult Oriented Establishment.
Any premises, property, establishment, site, building, location, or
part or portion thereof, including, but not limited to, "adult
arcades," "adult bookstores," "adult video store", "adult
entertainment establishments," "adult motion picture theaters,"
"adult mini-motion picture establishments" or "adult cabarets",
and those locations in which any person, directly or indirectly
engages in, permits, employs, solicits, offers, produces, gives,
displays, presents, conducts and/or provides live or recorded nude
or semi-nude dancing, singing, performances, exhibits, and/or
activities.
It further includes any premises or business to which public
patrons or members are invited or admitted with or without fee or
charge, and that are so physically constructed or arranged so as to:
Provide booths, cubicles, rooms, compartments, or stalls
separate from the common area of the premises for the
purposes of viewing adult oriented motion pictures; and/or
Wherein an entertainer provides adult entertainment to a
member of the public, a patron or a member, and/or live
adult entertainment of any kind occurs, whether or not such
adult entertainment is held, conducted, operated, offered,
provided or maintained for remuneration or a profit, direct
or indirect.
"Adult Oriented Establishment" further includes without being
limited to any "adult entertainment studio" or any premises that is
physically arranged and used as such whether or not advertised or
represented as an adult entertainment studio, rap studio, exotic
13
dance studio, encounter studio, sensitivity studio, modeling studio,
or any other term of like import.
J. "Booths", "Cubicles", "Rooms", "Compartments" or "Stalls".
Enclosures that are specifically offered to the public or members of
an adult oriented establishment for hire or for a fee as part of a
business operated on the premises that offers as part of its business
the adult entertainment to be viewed within the enclosure. This
shall include, without limitation, all enclosures wherein the
entertainment is dispensed for a fee, but a fee is not charged for
mere access to the enclosure.
Exceptions: "Booth", "cubicle", "room", "compartment" or
"stall" shall not mean or include 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, are not open to any persons other than
employees; nor shall this definition apply to private motel and
hotel sleep rooms, boarding house rooms, private residences and
places of abode, or other similar establishments licensed by the
State of Wisconsin pursuant to Chapter 50 of the Wisconsin
Statutes, as from time to time amended or renumbered.
K. Common Council. The City Council for the City of Janesville, County
of Rock County, State of Wisconsin.
L. Genitals. The visible and related human sex organs including, but not
limited to, the penis, testicles and vulva.
M. Nudity or State of Nudity. Means the intentional or knowing showing
or revealing of a human bare buttock, anus, perineum, anal region, anal or natal cleft or
cleavage, pubic area, male genitals, testicle, female genitals, or vulva, or female nipple,
female areola, or female breast below the point immediately above the top of the areola,
whether or not in a state of sexual stimulation or arousal, with less than a fully opaque
covering; or the showing or revealing of human male genitals in a discernible erect or
turgid state, even if completely and opaquely covered.
N. Operator. Any person, partnership, corporation, limited liability
company, limited liability partnership, joint venture, assembly, organization or legal or
other entity, of whatever kind or nature, whether for profit, non-stock or non-profit, and
includes the agent, person in charge, manager and/or other principal, that owns, leases,
rents, possesses, operates, conducts, maintains, manages, oversees in any capacity or
manner, or acts as a principal of any adult oriented establishment or adult entertainment
14
establishment, or who by law or operation of facts directly or vicariously is, acts, holds
him/herself out to be an operator and/or responsible for the adult entertainment
establishment and the activities occurring therein.
O. Person. Includes, but is not limited to, an "Operator," other legal
entity, patron, employee, performer or other natural person.
P. Principal Business Purposes. Means if materials offered for sale or
rental depicting or describing "specified sexual activities" or "specified anatomical
areas" generate ten percent (10%) or more of their the business' income, or account for
ten pement (10%) or more of inventory, or occupy ten pement (10%) or more of total
floor space. 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 for purposes of this Ordinance. Such other
business purposes shall not serve to exempt such commercial establishments from being
categorized as an Adult Book Store or Adult Video Store so long as one of its principal
purposes is the offering for sale or rental for consideration the specified materials that
depict or describe "specified sexual activities or "specified anatomical areas."
Q. Private Viewing.
cubicle or facility.
Viewing by one person in a separate room, booth,
R. Specified Anatomical Areas. "Specified Anatomical Areas" shall mean
and include:
Less than completely and opaquely covered human genitals, pubic
region, buttocks, perineum, anal region, natal or anal cleft, female
nipples, female areola, and female breasts below the point
immediately above the top of the areola.
Human male genitals in a discernible erect or turgid state, even if
opaquely covered.
include:
Specified Sexual Activities. "Specified Sexual Activities' shall mean and
1. Actual or simulated:
Showing or revealing of his or her human genitals, the
pubic region, perineum, anal region, natal or anal cleft,
female nipples, female areola, whether or not in a state of
sexual stimulation or arousal, with less than a fully opaque
covering.
15
T. Turgid.
Showing of acts of masturbation, sexual intercourse,
sodomy, bestiality, necrophilia, sado-masochistic abuse,
fellatio or cunnilingus.
Fondling or touching of human genitals, the pubic region,
perineum, anal region, natal or anal cleft, female nipples,
female areola, whether of himself, herself or another.
Swollen, in a state of distension, or erect.
5.82.030 License -- Required -- Adult Entertainment Establishments.
A. Except as exempted elsewhere in this chapter, from and after the effective
date of this section, no adult oriented establishment or adult entertainment establishment
shall be operated or maintained in the City of Janesville by any person without first
obtaining and holding an annual Adult Entertainment License to operate issued by the
City.
B. An Adult Entertainment License may be issued only for one adult
entertainment or oriented establishment located at a fixed and certain place. Any person
who desires to operate more than one adult entertainment or oriented establishment must
have a separate annual license for each location and site.
C. No license or interest in a license may be transferred from person to
person or from place to place.
D. No license under this chapter may be issued for any property or business
not zoned for adult entertainment establishments in the City.
E. All adult oriented establishments and adult entertainment establishments
existing at the time of the passage of this chapter shall submit an application for a
license within sixty (60) days of the passage of this ordinance.
5.82.040 License -- Application -- Issuance. A. Any person desiring
to obtain and hold a license shall make application to the City Clerk-Treasurer.
B. The application shall request the information required by this chapter and
otherwise appear as to form as the City Clerk-Treasurer may from time to time provide.
C. The application for a license shall be upon a form provided by the City
Clerk-Treasurer.
D. Each fully completed application shall be signed and dated by the
applicant or a duly appointed agent for the applicant before a notary public, and filed with
16
the City Clerk-Treasurer together with all diagrams and other information required by
this chapter.
E. The original and renewal license fee(s) shall be paid by the applicant at the
time the license is issued by the City Clerk-Treasurer.
F. Each applicant for a license shall furnish the following information:
Applicant's legal name, current address, home phone number, if
any.
2. Written proof that the individual is at least 18 years of age.
The street address of the adult oriented establishment to be
operated by the applicant.
If the applicant is other than a natural person, the application shall
specify:
The name of the entity, the date and state of incorporation
or registration, the name and address of the registered
agent; the names of all principals, officers, directors,
members, and general partners; the names of all managers
and persons in charge; and the names of all shareholders
who will directly and regularly participate in the
management of the business.
The trade or other name under which the establishment is to be
operated.
6. A general description of the services to be provided.
If the establishment is not already in operation, the expected start-
up date it will be open to the public.
8. Every applicant shall provide with the application:
A sketch or diagram showing an accurate configuration of
the premises sought to be licensed, including a statement of
total floor space occupied by the business. The sketch or
diagram need not be professionally prepared but must be
drawn to a reasonable designated scale with marked
dimensions of the interior of the premises to a reasonable
accuracy.
17
Certified copy of domestic articles or incorporation or
registration; or ifa foreign entity, a certified copy of
authority to do business in this state, together with all
amendments thereto.
Tree and correct photocopy of proof of ownership to the
property where the establishment is located and/or of a
legal right to lease, possess and use such property/location
with the owner's signature.
An accurate diagram showing that the location for which
application is being made satisfies all zoning and distancing
requirements of this and related ordinances.
G. All questions on each application must be completed truthfully and in full
in order to be processed. No license under this chapter may be issued unless the
application is complete on its face with all questions answered and required information
provided. An incomplete application may be rejected and not processed by the City
Clerk-Treasurer and no license shall be issued for an incomplete application.
H. Every applicant has an affirmative duty to supplement an application with
new information received or occurring subsequent to the date that the application was
originally submitted, including all renewals thereof.
I. A photocopy of the filed application shall be distributed promptly by the
City Clerk-Treasurer to the City Police Department and to the applicant.
J. The Police Department must provide information relevant to the new or
renewal application to the City Clerk-Treasurer expeditiously.
K. Within twenty one (21) days of receiving a fully completed, executed,
dated, and notarized application with all required attachments and addenda thereto for a
new license or an application to renew a license, the City Clerk-Treasurer shall notify the
applicant whether the application is granted or denied, and if denied the reasons
therefore.
L. Failure or refusal of the applicant to:
1. Provide information required by the application or this chapter;
2. Execute and date the application;
File a fully complete and truthful application with all attachments
and documentation required by this chapter;
18
Supplement information previously provided as required by this
chapter;
Appear at a reasonable time or place for examination under oath
regarding such application;
shall each constitute an admission and acknowledgement by the applicant that s/he is
ineligible for such license and the same shall be grounds for administrative denial thereof
by the City Clerk-Treasurer. Such acts may also form the basis for suspension,
revocation or non-renewal of the license by the Common Council after a heating in the
manner provided for in this chapter.
M. The issuance of a license under this chapter is a privilege and not a right.
N. Upon expiration, revocation, suspension or non-renewal of a license
issued under this chapter, the issued license shall revert back to the City.
O. Prior to issuance of a license under this chapter, the premises shall be
inspected by the appropriate city code and fire officials, and county and state health
officials. No license may be issued unless and until the premises satisfies every
applicable city, county and state ordinance and code provision for building, plumbing,
fire, electric, HVAC, zoning, parking, health, sanitation, and related laws. Those
responsible for such inspections shall inform the City Clerk-Treasurer
P. A new and renewal license issued under this chapter shall state on its face
the name of the person or entity to whom it is granted, the date of issuance, the date it
expires, the address of the establishment, the City Clerk-Treasurer's signature.
Q. Renewal applications need not be accompanied by the requirements set
forth in this section except for signature and dating before a notary and the payment of
the fee, unless there is a change requiring new or supplemental documentation, in which
event such must be provided by the renewing applicant at the time the renewal is
submittal. Failure to provide such required information and documentation may alone be
sufficient grounds for denial of a renewal application.
5.82.050 Standards for Issuance of License. A. To be issued a new
license to operate an adult entertainment establishment, an applicant must meet the
following standards:
1. If the applicant is a natural person -- individual:
a. The applicant must be at least eighteen (18) years of age.
The applicant shall not have been found to have previously
violated any provision of this chapter within five (5) years
immediately preceding the date of the application.
19
B. The City Clerk-Treasurer shall issue a license to the applicant if all of the
requirements of this chapter am timely and fully satisfied.
C. The City Clerk-Treasurer shall not issue a license to the applicant if all of
the requirements of this chapter are not timely and fully satisfied including, but not
limited to, any of the following:
The applicant has failed to provide the information required by this
chapter;
The applicant has falsely answered a question or request for
information on the application form or required documentation,
sketch(es) or diagram(s);
The applicant ifa natural person or principal, officer, director or
member is under the age of eighteen (18) years
4. The property is not properly zoned;
5. The premises fails any inspection required by law;
5.82.060 Fees -- New -- Renewal. A. A license fee in the amount
of Seven Hundred Dollars ($700.00) shall be paid for a new (original) license at the time
that the license is issued by the City Clerk-Treasurer.
1. There shall be no pro-ration of a new license fee.
There shall be no pro-ration or refund upon any suspension,
revocation or voluntary surrender of a license.
A new license application and fee are required for each separate
new location and upon any change of ownership involving ten
pement (10%) or more beneficial or actual change in ownership
interest in the establishment.
B. The annual renewal license fee shall be One Hundred Fifty Dollars
($150.00) and shall be paid at the time that the license is issued by the City Clerk-
Treasurer.
1. There shall be no pro-ration of a renewal license fee.
There shall be no pro-ration or refund upon any suspension,
revocation or voluntary surrender of a license.
Renewal license applications are due no later than April 15 each
year.
20
In addition to the renewal fee, a late penalty of Three Hundred
Dollars ($300.00) shall be assessed against and paid by any
applicant who files an annual renewal application after April 15.
C. A new license applied for under this chapter prior to July 1, 2002 shall be
effective, not expire, not require renewal or the payment ora renewal fee until June 30,
2003.
5.82.070 Display of License or Permit. The license issued under this
chapter shall be displayed in a conspicuous public place in the adult entertainment or
oriented establishment.
5.82.080 License Term -- Renewal of License or Permit.
A. Every license issued pursuant to this chapter, regardless of when issued
during the year, shall terminate annually on June 30, unless sooner revoked or non-
renewed and must be timely renewed before operation is allowed in the following year.
B. Any operator desiring to renew a license shall make application to the City
Clerk-Treasurer. The application for renewal must be filed not later than April 15.
C. If the City Police Department is aware of any information beating on the
operator's qualifications, that information shall be filed in writing with the City Clerk-
Treasurer.
D. The building and fire inspectors shall inspect the establishment prior to the
renewal of a license to determine compliance with the provisions of this chapter and
related codes.
5.82.090 Prohibitions.
A. License Required. No person may own, lease, rent, possess, operate,
conduct, maintain, manage, permit, oversee in any capacity or manner, act as a principal
or agent of any adult oriented establishment or adult entertainment establishment, or use
any real property or part thereof in the City for adult oriented entertainment activities or
as an adult oriented entertainment establishment without first applying for, paying the fee
for, being issued and holding a valid license required by this chapter.
B. Nudity Prohibited in Alcohol Licensed Establishments. No person,
with or without consideration, may perform or engage in, or be in a state of undress, or
for any operator, licensee, manager, agent, principal or person in charge of a premises of
the licensee, to permit any entertainer, employee, patron or other person to perform or
engage in, any live act, live demonstration, live performance, live dance, or live
exhibition, or to be in a state of undress upon the premises or property of an
establishment that is or should be licensed as an alcohol licensed establishment, that:
21
Shows or exposes his or her genitals, pubic area, vulva, perineum,
anus, natal or anal cleft with less than a complete and fully opaque
covering; or
Shows or exposes any portion of the female nipple, areola or breast
below a point immediately above the top of the areola with less
than a complete and fully opaque coveting; or
Shows the covered male genitals in a discemibly turgid state.
C. No Minors Allowed. No operator, employee, manager, agent, or
other person in charge of an establishment, premises or property that is or that should be
licensed under this chapter may allow or permit any minor (a person under eighteen (18)
years of age) to enter, be present upon or loiter on or near the facility, or to view adult
oriented entertainment or specified sexual activities.
D. No Touching of or by Patrons or Performers. No person who is an
entertainer, employee or patron may knowingly or intentionally, and no licensee,
operator, manager, agent, principal or other person in charge of a premises or
establishment may knowingly or intentionally permit any entertainer, employee, patron or
other person to, touch or come in contact with the genitals, perineum, anus, anal region,
pubic area, vulva, natal or anal cleft of any other person, or the breasts, nipples or areola
of any female, upon the premises, property or establishment that is or should be licensed
under this chapter.
E. Hours of Operation. No licensee, operator or other person who owns,
operates, manages, is the agent for, or is in charge of an establishment that is or should be
licensed under this chapter, may conduct, permit or keep open, or operate any adult
oriented activity:
Between the hours of 2:00 a.m. and 6:00 a.m. Monday through
Friday; and
Between the hours of 2:30 a.m. and 6:00 a.m. Saturday and Sunday
mornings.
F. No establishment, premises or property for which a license is issued, or for
which a license is required under this chapter, may be located or operated contrary to any
zoning, distancing, land use or other requirements set forth in this chapter or any related
City zoning or other ordinance.
G. No person may violate any provision of this chapter.
22
ADOPTED: March 11, 2002
~-tev~n E. Sheiffer, City Manager~
ATTEST: ./~ /~/
Jean/~d'n Wulf, City ¢lerk-Trea}fir~r
APPROVED AS TO FORM: ~'~, ~:~/~ ~..
City Attorney t -
Proposed by: Council President Brien, and Council members
Steeber and Williams
Prepared by: City Attorney
MOTION BY: Murphy
SECOND BY: Steeber
COUNCILMEMBER AYE NAY PASS ABSENT
DAMRON X
WILLIAMS X
O'LEARY X
DEGARMO X
BRIEN X
MURPHY X
STEEBER X
29