Hudson Town Saint Croix County
City Zoning Code
City Zoning Code
ARTICLE X
Adult Establishments
§ 105-51 Purpose.
To create an overlay zoning district whereby adult establishments are sufficiently separated from each other and conflicting uses so as to ameliorate the negative secondary effects of adult uses while providing adult establishments sufficient area and opportunity to operate within the Town so as not to suppress their existence.
§ 105-52 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
An establishment which, as its substantial course of conduct, presents adult entertainment for observation by patrons therein, or which, as part of its substantial course of conduct, offers for sale, rent, trade, lease, inspection or viewing books, films, videocassettes, magazines or other such media, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.
A nightclub, dance hall, bar, restaurant or similar commercial establishment that regularly features:
Persons who appear in a state of nudity or seminudity; or
Live performances that are characterized by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or nudity.
Any exhibition of any motion picture, 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.
Includes adult bookstores, adult motion-picture theaters, adult novelty stores, and further means any premises to which public patrons or members are invited or admitted that is substantially devoted to the purveyance, demonstration or display of specified sexual activities or specified anatomical areas.
Any establishment for the presentation of motion pictures that 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 observations by patrons therein.
Any establishment which as its substantial course of conduct offers for sale, rent, trade, lease, inspection or viewing any adult novelty items, sex toys, sexual gratification appliances or other similar products, excluding contraceptives or similar products of medical value, that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.
An adult bookstore, adult establishment, adult motion-picture theater, adult novelty store, adult cabaret, a business featuring adult entertainment or other business classified as an adult establishment.
Simulated or actual:
Forty percent or more of a business stock-in-trade, display space, floor space or retail sales in any one month. Upon reasonable belief that an entity is in excess of the 40% threshold, that entity shall provide all necessary records, receipts and documentation to the Town upon request. Failure to do so shall result in a presumption that the entity is operating in excess of the threshold.
§ 105-53 Location.
A.
No adult establishment shall be located:
(1)
Within any zoning district other than Commercial/Light Industrial.
(2)
Within 500 (plus) feet of an existing adult establishment.
(3)
Within 1,000 feet of any single-family or two-family dwelling.
(4)
Within 1,000 feet of any preexisting school, church or day care.
(5)
Within 500 feet of any preexisting establishment licensed to sell or dispense fermented malt beverages or intoxicating liquor.
B.
For purposes of this section, distances are to be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult establishment, to the nearest property line of another adult establishment, dwelling, school, church, day care or establishment selling or dispensing fermented malt beverages of intoxicating liquor.
§ 105-54 Hours of operation.
A.
No adult establishment shall be open between the hours of 2:00 a.m. and 8:00 a.m., Monday through Friday, between the hours of 2:30 a.m. and 8:00 a.m. on Saturdays, or between the hours of 2:30 a.m. and 12:00 noon on Sundays.
B.
All adult establishments shall be open to inspection at all reasonable times by the County Sheriff's Department and the Code Enforcement Officer.
§ 105-55 Regulation of sexually oriented business.
A.
The sale, use or consumption of alcoholic beverages on the premises of a sexually oriented business is prohibited.
B.
It shall be unlawful to allow a person who is younger than 18 years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business.
C.
It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented businesses' regular business hours. It shall be the duty of the attendant to prohibit any person under the age of 18 years from entering the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of 18 unless such attendant asked for and was furnished:
D.
No person shall cause another to commit a violation of this section, nor shall any person permit such violation to occur on any premises under his/her control, tenancy, management or ownership.
§ 105-56 Exemptions.
The provisions of this article do not apply to the following establishments: theaters, performing arts centers, civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic, social or political merit are offered on a regular basis; and in which the predominant business or attraction is not the offering of entertainment which is intended for the sexual interests or titillation of customers; and where the establishment is not distinguished by an emphasis on or the advertising or promotion of nude or seminude performances. While expressive live nudity may occur within these establishments, this article seeks only to minimize and prevent the secondary effects of sexually oriented businesses on the community. Negative secondary effects have not been associated with these establishments.
§ 105-57 Violations and penalties.
A.
Violation of the use provisions of this article is declared to be a public nuisance per se, which shall be abated by Town Attorney by way of civil abatement procedures.
B.
Any person, partnership or corporation who violates any of the provisions of this article shall be subject to a forfeiture of not less than $75 and not more than $500 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this article constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.