The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult bookstore means an establishment having as a substantial portion of its stock in trade, for sale, rent, 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 specific sexual activities or specified anatomical areas, as such terms are defined in this section, and, in conjunction therewith, have facilities for the presentation of adult entertainment, as defined in this section, including adult-oriented films, movies or live performances, for observation by patrons therein.

Adult cabaret means a cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

Adult entertainment means any exhibition of any motion pictures, live performance, display or dance of any type, which has as a significant or substantial portion of such performance or is distinguished or characterized by an emphasis on, any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, appearing unclothed, or the removal of articles of clothing to reveal specified anatomical areas.

Adult mini-motion-picture theater means an enclosed building with a capacity of less than 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 specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of 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 specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult-oriented establishment means, but is not limited to, adult bookstores, adult motion picture theaters, adult mini-motion-picture establishments or adult cabarets, and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common area of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. An 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 advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.

Booth, room or cubicle means such enclosures as 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 which offers as part of its business the entertainment to be viewed within the enclosure; which shall include, without limitation, such enclosures wherein the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. However, the terms "booth," "room" or "cubicle" does not mean 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, and are not open to any persons other than employees; nor shall this definition apply to hotels, motels, or other similar establishments licensed by the state pursuant to Wis. Stats. ch. 50.

Operator means any person, partnership or corporation operating, conducting, maintaining or owning any adult-oriented establishment.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below the point immediately above the top of the areola;

(2)

Human male genitals in a discernible turgid state, even if opaquely covered.

Specified sexual activities means 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;

(3)

Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

Cross reference— Definitions generally, § 1-2.

Any person, partnership or corporation who is found to have violated this article shall be subject to section 1-4. In addition to the monetary penalty imposed, violation of this article shall further result in the revocation of any special permit issued under this article.

Notwithstanding the fact that an establishment may have characteristics of establishments otherwise specified as permitted uses within this chapter, an adult-oriented establishment, as defined in this article, shall be subject to this article, and their location shall be limited to the M-1 zoning district. Such a use shall also require a separate permit and license in accordance with article II of chapter 10 of the Code.

(a)

Location in M-1 district only. Adult-oriented establishments are absolutely and expressly prohibited from all parts of the village except those portions zoned M-1.

(b)

Distance between adult-oriented entertainment establishments. No adult-oriented establishment within the village shall be located or operated within 500 feet of an existing adult-oriented establishment. For purposes of this article, distances are to be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult-oriented establishment, to the nearest property line of another adult-oriented establishment.

(c)

Distance from churches, schools, day care centers, parks and residential dwellings. No adult-oriented establishment shall be located within 1,000 feet of any church, school, day care center, park or residential dwelling in the village. For purposes of this article, distances are to be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult-oriented establishment to the nearest property line of a church, school, day care center, park or residential dwelling.

(d)

Special permit required. The location and operation of adult-oriented establishments within the M-1 district is not lawful unless a special permit is obtained from the plan commission as described in this article. Such a use shall also require a separate permit and license in accordance with article II of chapter 10 of the Code.

No adult-oriented establishment shall be operated within the village without first obtaining a special permit. For purposes of enforcing this article, the applicant for a special permit shall provide written evidence to the plan commission that application has been made for a permit under chapter 10 of this Code and that the proposed site for the adult-oriented establishment is located within the M-1 district and is not within 500 feet of an existing adult-oriented establishment or within 1,000 feet of a church, school, day care center, park or residential dwelling. Upon confirmation by the plan commission that application has been duly made to the clerk under the provisions of chapter 10 of this Code and that the proposed site is located within the M-1 district and that it is not within 500 feet of an existing adult-oriented establishment, or within 1,000 feet of a church, school, day care center, park or residential dwelling, a special permit shall be issued by the plan commission.

The securing of a special permit under the terms of this article shall in no way be construed to relieve the applicant or operator from any other provision of this chapter or other ordinance applying to the property sought to be used for an adult-oriented establishment or from compliance with the permit and licensing provisions set forth in chapter 10 of this Code or from any other county, state or federal law now existing or hereafter enacted.