Denmark Village City Zoning Code
ARTICLE V
Sexually Oriented Adult Entertainment
§ 315-100 Purpose; county and state laws; applicability.
A.
It is the purpose of this article to regulate sexually oriented adult entertainment establishment business (hereinafter referred to as "adult establishment") to promote the health, safety, morals, and general welfare of the citizens of the Village, to aid in the alleviation and prevention of the adverse and deleterious effects of criminal activity and disruption of the public peace associated with unsafe and unsanitary conditions known to exist in those establishments, and to alleviate the spread of sexually transmitted diseases and other contagious disease in those establishments.
B.
Nothing in this article is intended to authorize, legalize, or permit the establishment, operation or maintenance of any business, building or use which violates any county ordinance or statute of the State of Wisconsin regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
C.
The following regulations shall apply to all future and existing adult establishments.
§ 315-101 Definitions.
A.
For the purpose of this article, the following definitions shall apply:
ADULT BATHHOUSE
An 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 section.
ADULT BODY PAINTING STUDIO
An 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 article, "adult body painting studio" shall not be deemed to include a tattoo parlor.
ADULT BOOKSTORE
An establishment having 50% 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 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.
(1)
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 article shall apply during those presentations. The establishment shall notify the Village of Denmark Police Department at least 24 hours prior to the date on which such adult entertainment is to take place.
(2)
Any periodic adult establishment as defined above shall be licensed yearly in accordance with the licensing provision hereinafter set forth.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity for fewer than 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 MODELING STUDIO
An 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 MOTEL
A hotel, motel, or similar commercial establishment which does one of the following:
(1)
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, films, motion pictures, videocassettes, 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 the adult type of photographic reproductions.
(2)
Offers a sleeping room for rent for a period of time that is less than 10 hours.
(3)
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
An 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 outdoors which presents material distinguishably characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT NOVELTY SHOP
An 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.
SEXUALLY ORIENTED ADULT ENTERTAINMENT ESTABLISHMENTS
Retail services and sales establishments as defined in § 315-300 of this chapter, including bookstores, motion-picture theaters, mini motion-picture theaters, bathhouses, motels, modeling studios, body painting studios, cabarets, and novelty shops, and are more specifically defined as:
SPECIFIED ANATOMICAL AREAS
Those body parts which are less than completely and opaquely covered, including:
(1)
Human genitals and the pubic region.
(2)
Buttock.
(3)
Female breasts below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES
Activities involving specified anatomical areas as defined in this section depicted in the following situations:
(1)
Human genitals in a state of sexual stimulation or arousal.
(2)
Acts of human masturbation, sexual intercourse, or sodomy.
(3)
Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.
§ 315-102 Zoning standards.
A.
Sexually oriented adult entertainment establishments (hereinafter "adult establishments") shall locate only in areas zoned Limited Industrial (I-1) and Heavy Industrial (I-2) only as a conditional use.
B.
Prior to the granting of a conditional use permit, an inventory of the surrounding area and population shall be made by the Plan Commission along with a study of the proposed development. All applicable planning documents, including but not limited to the Village of Denmark Comprehensive Plan and recreational plans, shall be consulted.
C.
Outdoor adult motion-picture theaters are prohibited.
D.
No more than one adult establishment shall be located on any one parcel.
E.
All adult establishments shall be at least 1,500 feet from any other adult establishment.
F.
Any adult establishment must meet the following setback requirements:
(1)
One thousand feet from any existing residential dwelling.
(2)
One thousand feet from any land zoned R-1, R-2, R-3, R-4, or RD-1.
(3)
One thousand feet from any lands zoned with a PDD.
(4)
One thousand feet from a historic site identified on the National Register or as an adopted historic district by the Village of Denmark.
(5)
One thousand feet from any public or private elementary or secondary school, vocational school, or licensed nursery school or day-care center.
(6)
One thousand feet from a church or established place of worship.
(7)
One thousand feet from a public park, any public or private playground, parkway, and youth recreation area, including little league baseball fields, soccer fields, or other areas where children congregate.
G.
All adult establishments must be located within 300 feet of a county trunk highway or a state trunk highway.
H.
The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the lot upon which the proposed use is to be located to the nearest point of the lot upon which the above-stated uses reside.
§ 315-103 Signs.
Signs advertising any of the aforementioned adult uses shall be in accordance with Article IX, Signs, of this chapter, with the following exceptions:
A.
No tower or portable signs or billboards shall be permitted on the premises.
B.
Signs will inform only the establishment name and address and will not depict specified sexual activities and/or specified anatomical areas as defined in this article.
C.
The signage may refer to the establishment only as an "adult bookstore," "gentlemen's club," or other similar phrasing approved by the Village Attorney.
D.
An adult establishment may have only one, nonflashing business sign.
E.
There shall be no flashing or traveling lights located outside the building.
F.
The location and wording of such sign shall be shown on the site design review plan required by the § 315-112 of this article and submitted contemporaneously with the request for conditional use.
G.
The height of the sign may not exceed the height of the principal structure.
§ 315-104 License required.
A.
Expect as provided in this section below, from and after the effective date of this article, no adult establishments shall be operated or maintained in the Village without first obtaining a license to operate issued by the Village.
B.
A license may be issued only for one adult establishment located at a fixed and certain place. Any person, partnership, or corporation who or 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 another person, partnership, or corporation.
D.
All adult establishments existing at the time of passage of this article must submit an application for a license within 90 days of adoption. If an application is not received within said ninety-day period, then such existing adult establishment shall cease operations.
§ 315-105 Application for license.
A.
Any person, partnership, or corporation desiring to secure a license shall make application to the Village Clerk. The application shall be filed in triplicate with and be dated by the Village Clerk. A copy of the application shall be distributed within 10 days of receipt thereof to the Zoning Administrator, Plan Commission, Police Department, Fire Chief, all members of the Village Board, and all departments with site design review authority. In addition, the plan shall be distributed to the Brown County Sheriff and Brown County Health Department.
B.
The application for a license shall be upon a form approved by the Village Clerk. 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 directly involved in the ownership and operation of the business, shall furnish the following information under oath:
(1)
Name and address, including 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 previous 10 years immediately preceding the date of application.
(5)
Whether the applicant previously operated in this or any 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 and 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 state, federal, or local 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.
§ 315-106 Standards for issuance of license.
To receive a license to operate an adult establishment, an applicant must meet the following standards:
A.
If the applicant is an individual:
(1)
The applicant shall be at least 18 years of age.
(2)
Subject to Ch. 111, Wis. Stats., 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 application.
(3)
The applicant shall not be found to have previously violated this article within five years immediately preceding the date of application.
B.
If the applicant is a corporation:
(1)
All officers, directors, and others associated with the corporation shall be at least 18 years of age.
(2)
Subject to Ch. 111, Wis. Stats., the officers, directors, and others associated with the corporation 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 application.
(3)
All officers, directors, and others associated with the corporation shall have been found not to have previously violated this article within five years immediately preceding the date of application.
C.
If the applicant is a partnership, joint venture, or other type of organization where two or more persons have a financial interest:
(1)
All persons having a financial interest in the partnership, joint venture, or other type of organization shall be at least 18 years of age.
(2)
Subject to Ch. 111, Wis. Stats., all persons having a financial interest in the partnership, joint venture, or other type of organization 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 application.
(3)
All persons having a financial interest in the partnership, joint venture, or other type of organization shall have been found not to have previously violated this article within five years immediately preceding the date of application.
D.
No license shall be issued unless the Village Board has investigated the applicant's qualifications to be licensed. The results of the investigation shall be filed in writing with the Village Clerk no later than 14 days after the date of application.
E.
The Building Inspector and Plan Commission shall inspect the premises proposed to be licensed to verify compliance with their respective codes and shall report compliance findings to the Village Clerk with 14 days of the application.
F.
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.
§ 315-107 Fees.
A license fee set by the Village Board shall be submitted with the application for a license.
§ 315-108 Display of license.
The license shall be displayed in a conspicuous public place in the adult establishment.
§ 315-109 Renewal of license.
A.
Every license issued pursuant to this article 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. 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. A copy of the application for renewal shall be distributed by the Village Clerk to the Village Board. The application for renewal shall be upon a form provided by the Village Clerk 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 set by the Village Board shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100 shall be assessed against the applicant who filed for a renewal less than 60 days before the license expires.
§ 315-110 Denial of application.
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 the next regularly scheduled meeting of the Village Board as hereinafter provided.
B.
Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit or cooperate with any investigation required by this article shall constitute admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the Village Clerk.
§ 315-111 Suspension, revocation or nonrenewal of license.
A.
Revocation and suspension. 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 article knowing it to be false or fraudulent or intentionally deceptive.
(2)
For the violation of any provision of this article, except for establishment license matters involving violations of Village codes, in which case 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 Ch. 944, Wis. Stats., 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 Ch. 961, Wis. Stats., where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant.
B.
Notice and hearing.
(1)
No license shall be revoked, suspended, or not renewed by the Village Board except on due notice and hearing to determine whether grounds for such action exist. Such hearing shall be held before the Plan Commission. Notice of such hearing shall be in writing and shall state the grounds of the complaints 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, and to cross-examine 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 Plan Commission shall submit a report to the Village Board including findings of fact and conclusions of law and recommendation as to what, if any, action the Village Board can take. The Plan Commission shall provide the complainant and licensee with a copy of the report. The Plan Commission shall then file its findings of fact and conclusions of law with the Village Clerk.
(2)
Either the complainant or licensee may file an objection to the report and have the opportunity to present argument supporting the objection to the Village Board. The Village Board shall determine whether argument shall be presented orally or in writing, or both. If the Village Board, after arguments presented by the complainant or 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 in Subsection A above. The Village Board shall decide the matter and shall prepare a written decision which shall be filed with the Village Clerk and a copy thereof delivered to the licensee and complainant within 20 days after its decision.
§ 315-112 Site design considerations for adult establishments.
A.
Adequate parking shall be provided in a lighted area in accordance with Article VI, Off-Street Parking Requirements. Such parking provisions shall be shown on the site plan required by Village ordinances and submitted contemporaneously with the request for conditional use.
B.
The building shall have a determined safe fire limit for occupancy calculated by the Fire Department based upon the square footage and physical characteristics of the building. The occupancy limit shall be communicated to the patrons and employees by signs posted at the entrance and in the facility.
C.
Downward directional lighting shall be provided so as to illuminate the entire exterior of the building. Lighting fixtures and illumination levels shall be shown on the site plan submitted along with the request for a conditional use.
D.
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:
(1)
Access. Each booth, room, or cubicle shall be totally accessible to and from aisles and public areas of the adult establishment and shall be unobstructed by any door, lock, or other control-type device.
(2)
Every booth, room, or cubicle shall meet the following construction requirements:
(a)
Each booth, room, or cubicle shall be separated from adjacent booths, rooms, cubicles, and any nonpublic areas by a wall.
(b)
Each booth, room, or cubicle shall have at least one side totally open to a public lighted aisle so that there is an unobstructed view of anyone occupying the same.
(c)
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.
(d)
The floor must be light-colored, nonabsorbent, smooth-textured, and easily cleanable.
(e)
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.
(3)
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 or cause any bodily discharge of fluids while in the booth.
E.
There shall be separate entrances for patrons and employees.
F.
There shall be a video-monitoring system by which the operator can continuously monitor activities outside the building on the entire premises including parking lots.
G.
The adult establishment may not have flashing lights, neon signs, or decorative lighting other than illumination of parking lots, walkways, and entrances.
H.
The interior of the adult establishment shall not be visible from the exterior, including at times when the doors are open.
I.
All windows shall comply with the following design standards:
(1)
Exterior windows shall not be covered or made opaque in any way.
(2)
No material which references or depicts specified anatomical areas or specified sexual acts shall be displayed in any exterior window.
(3)
There shall be no display windows on the premises.
J.
The establishment shall place waste receptacles near the entrances to the building to discourage littering on the premises.
K.
The building shall be sound-insulated and sound levels contained to the following: the level of sound audible at the property line of the establishment:
(1)
Shall not exceed 70 decibels from 12:00 noon to 10:00 p.m.
(2)
Shall not exceed 60 decibels from 10:00 p.m. to 12:00 noon.
§ 315-113 Responsibilities of operator.
A.
The owner 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 owner shall make the register of employees available immediately for inspection by the Village Board or Plan Commission upon demand at all reasonable times.
C.
Every act or omission by an employee constituting a violation of the provisions of this article shall be 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 employee's conduct. The operator shall be punishable for such act or omission in the same manner as if the operator had committed the act or caused the omission.
D.
Any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act of the operator for the 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 allow any minor to view sexually oriented adult entertainment defined herein.
F.
The owner and/or operator of the adult establishment shall agree to comply with all federal, state, and local laws and ordinances including obscenity and cabaret laws.
G.
In the case of adult cabarets, the hours of operation shall be limited to the same hours of operation for bars and taverns within the district in which the adult cabaret is located.
H.
The operator shall maintain the premises in a clean and sanitary manner at all times.
I.
The operator shall maintain at least 10 footcandles of light in the public portion of the establishment, including aisles, at all times. However, if lesser levels 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, that at no time shall there be less than one footcandle of illumination in said aisle as measured from the floor.
J.
The operator shall ensure compliance of the establishment and its patrons with the provisions of this article.
K.
The operator shall ensure that there is a conspicuously posted, unmutilated and undefaced sign or poster containing information regarding sexually transmitted diseases and the telephone numbers from which additional information can be sought in each booth, stall, partitioned portion of a room or individual room. Said signs can be supplied by either the Brown County Health Department or State of Wisconsin Department of Health Services.
L.
The operator shall ensure that there are conspicuously displayed brochures or pamphlets pertaining to sexually transmitted diseases provided by the Brown County Health Department or State of Wisconsin Department of Health Services at a place near the main entrance of the establishment or a portion thereof.
M.
The operator shall ensure 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.
N.
The Department of Health Services shall charge its reasonable costs for supply of such poster, brochures, pamphlets, and other information supplied under this section.
O.
No alcoholic beverages are to be served on the premises.
§ 315-114 Registration of employees.
All operators, employees, and independent contractors working in any adult establishment hereunder shall, prior to beginning employment or contracted duties, register with the Village Clerk.
A.
Such registration shall include the following: name, address, birth date, any aliases used, telephone numbers, date of employment, and name of employer.
B.
All registrations hereunder are valid for a period of one year.
C.
The registration fee shall be set by the Village Board, which shall be paid to the Village Clerk.
§ 315-115 Prohibited activities.
A.
No patron of the adult establishment may engage in any type of sexual activity, cause any bodily discharge, or litter while in the adult establishment or its parking areas.
B.
The adult establishment may not sell condoms or sexual aids, either directly or indirectly through vending machines.
C.
Patrons of the adult establishment may not be in a motor vehicle which is located on the premises of an adult establishment for more than two minutes.
D.
Patrons of the adult establishment may not be in a motor vehicle which is located on the premises of an adult establishment with an employee or an entertainer who has performed or will perform at said establishment.
E.
Patrons of the adult establishment may not congregate at or near the separate entrance for employees or entertainers.
F.
Patrons may not remain on the premises for more than three minutes after exiting the building.
G.
The adult establishment shall cease admitting patrons at such time as all off-street parking for said establishment is full.
§ 315-116 Exclusions.
All private and public schools, as defined in Ch. 115, Wis. Stats., located in the Village are exempt from obtaining a license hereunder when instructing pupils in sex education as part of their curriculum.
§ 315-117 Enforcement.
It shall be the duty of the Village of Denmark Police Department, the Building Inspector, the Zoning Administrator, and the Brown County Health Department to administer and enforce the provisions of this article. The operator shall afford the Building Inspector and Zoning Administrator reasonable access to inspect the same and verify that adult establishments meet the requirements of this article.
§ 315-118 Violations and penalties.
A.
Any person, partnership, or corporation who or which is found to have violated this article shall be subject to a penalty as provided in this chapter, and conviction of any such violation shall result in a revocation of any license.
B.
Each violation of this article shall be considered a separate offense, and any violation continuing more than one day shall be considered a separate offense.
C.
A violation of these provisions is considered to be a public nuisance per se.