A.

Purpose. It is the purpose of this chapter to regulate adult entertainment establishments in order to promote the health, safety, morals and general welfare of the citizens of the city of Juneau and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult entertainment establishments within the city of Juneau. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented materials to their intended market. Neither it is the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

B.

Findings. Based on evidence concerning the adverse secondary effects of sexually oriented businesses on the community presented in hearings and in reports made available to the board, and on findings incorporated in the cases of city of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young Inc., 501 U.S. 560 (1991), and on studies in other communities, including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas, the board finds:

1.

Adult entertainment establishments lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises;

2.

Certain employees of adult entertainment establishments defined in this section engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments;

3.

Sexual acts, including masturbation, and oral and anal sex, occur at adult entertainment establishments, especially those which provide private of semi-private booths or cubicles for viewing film, videos, or live sex shows;

4.

Offering and providing such space encourages such activities, which creates unhealthy conditions;

5.

Persons frequent certain adult theatres, adult arcades, and adult entertainment establishments for the purpose of engaging in sex within the premises of such adult entertainment establishments;

6.

At least fifty (50) communicable diseases may be spread by activities occurring in adult entertainment establishments, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B and trichomoniasis;

7.

Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States — six hundred (600) in 1982, two thousand two hundred (2,200) in 1983, four thousand six hundred (4,600) in 1984, eight thousand five hundred fifty-five (8,555) in 1985 and two hundred fifty-three thousand four hundred forty-eight (253,448) in 1992, and seven hundred fifty-three thousand nine hundred seven (753,907) through June 2000. HIV/AIDS Surveillance Report, United States Health and Human Services Department, Center for Disease Control, 2000;

8.

As of December 31, 2000, there have been seven thousand two hundred forty-two (7,242) reported cases of HIV infection in the State of Wisconsin. Review of Wisconsin HIV Case Surveillance Data, Wisconsin Department of Health and Family Services, 2001;

9.

Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in the State of Wisconsin;

10.

In the United States each year, three million (3,000,000) people are infected with chlamydia, six hundred fifty thousand (650,000) with gonorrhea, seventy thousand (70,000) with syphilis, one million (1,000,000) with herpes, five million five hundred thousand (5,500,000) with human papillomavirus, one hundred twenty thousand (120,000) with hepatitis B, and five million (5,000,000) with trichomoniasis. Overall, the CDC estimates there are fifteen million (15,000,000) new cases of sexually transmitted diseases each year. Tracking the Hidden Epidemics: Trends in STDs in the United States, United States Health and Human Services Department, Center for Disease Control, 2000;

11.

The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn;

12.

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts;

13.

Sanitary conditions in some adult entertainment establishments 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 the operators of the facilities to self-regulate those activities and maintain those facilities;

14.

Numerous studies and reports have determined that semen is found in the areas of adult entertainment establishments where persons view "adult-oriented" films;

15.

The findings noted in subsections (B)(1) through (B)(14) of this section raise substantial governmental concerns;

16.

Adult entertainment establishments have operational characteristics which should be reasonably regulated in order to protect these substantial governmental concerns;

17.

The general welfare, health, morals and safety of the citizens of the city of Juneau will be promoted by the enactment of this section;

18.

It is not the intent of this chapter to suppress or censor any expressive activities protected by the First Amendment of the United States Constitution or Article I, Section 3 of the Wisconsin Constitution, but rather to enact time, place and manner regulations which address the compelling interest of the city of Juneau in mitigating the secondary effects of adult entertainment establishments.

(Ord. 82-2003 (part))

As used in this chapter, the following terms shall have the meanings indicated:

"Adult entertainment establishment" means an establishment, whether or not operated for profit, which knowingly or with reason to know, engages in, permits, suffers or allows the following on its premises:

1.

Activities which depict, describe, engage in or relate to "specified anatomical areas" or "specified sexual activities;"

2.

Use, rental, sale or viewing of materials in any format, which depict or describe, specified sexual activities or "specified anatomical areas;"

3.

Totally nude, topless or bottomless dancing;

4.

Sexually oriented material.

a.

Adult entertainment establishment does not include the following:

i.

Establishments in which all of the following apply:

(A)

Admission is not restricted to adults only.

(B)

The gross income from the sale or rental of sexually oriented material comprises less than ten percent of the gross income of the establishment.

(C)

The individual items of sexually oriented material offered for sale or rental comprises less than twenty-five (25) percent of the total individual items publicly displayed as stock in trade,

ii.

Normal use of restrooms,

iii.

Theaters, performing arts centers, civic centers, exhibition halls, restaurants, dinner theaters and other similar establishments where live dance, ballet, music and dramatic performances of serious artistic merit are offered to the general public, with or without paid admission; or movie theaters and video arcades where video or motion picture presentations of dance, ballet, music and dramatic performances of serious artistic merit are offered to the general public, with or without paid admission. In order to fall within the application of this exception, the predominant business or attraction in the licensed establishment may not consist of the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to its customers,

iv.

The private areas or guest rooms not accessible to the general public of hotels, motels, rooming houses, or bed and breakfast businesses, or similar establishments, or private homes in the city,

v.

Exposure of any portion of the female breast while a person is engaged in breast-feeding a child,

vi.

Schools, professional offices, medical clinics, hospitals, public libraries, health care offices, and other establishments wherein the use of materials which relate to "specified anatomical areas" or "specified sexual activities" is predominately for the purpose of education, the providing of professional health care services, legal services, or other similar purposes and not intended to provide sexual stimulation or sexual gratification to its customers.

"Sexually oriented material" means any one or more of the following, regardless of whether it is new or used:

1.

Books, magazines, periodicals or other printed matter, paintings, drawings or other publications or graphic media, or photographs, films, motion pictures, video cassettes or disks, slides or other visual representations, or recordings, or other audio matter, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to a specified sexual activity or specified anatomical area; or

2.

Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities, except prophylactics.

"Specified anatomical areas" means less than completely and opaquely covered human genitals, buttocks, female breast below a point immediately above the top of the areola and human male genitals in a discernibly turgid state even if opaquely covered.

"Specified sexual activities" means simulated or actual showing of human genitals in a state of sexual stimulation or arousal; acts of masturbation, sexual intercourse or sodomy; or other erotic touching of covered or uncovered human genitals, pubic region, buttocks or breasts, or sexually explicit conduct as defined in Section 948.01(7), Wisconsin Statutes, but shall not include any portion of the cleavage of the female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.

(Ord. 82-2003 (part))

Adult entertainment establishment, as defined in Section 17.05.020 of this chapter, are restricted as to location in the following manner in addition to any other requirements of the zoning code:

A.

An adult entertainment establishment shall not be located within a four hundred (400) foot radius of another adult entertainment establishment.

B.

An adult entertainment establishment shall not be located within four hundred (400) feet of a place of religious worship, school, park, playground, public libraries or athletic field.

C.

The distances set forth in this section shall be measured from following a straight line without regard to intervening buildings, between the two nearest points of the property in question, as measured on the official zoning map of the city of Juneau.

(Ord. 82-2003 (part))

If any section of the ordinance codified in this chapter is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.

(Ord. 82-2003 (part))