(a)

The purpose of this section is to control, through zoning regulations, certain adult-oriented land uses that have a direct and detrimental effect on the character of the village's agricultural and residential neighborhoods, as well as businesses and commercial areas.

(b)

It shall not impose a limitation on the content of any communication materials, including sexually oriented materials as protected by the United States and state constitutions.

(Ord. No. 8-2016, § 17.29(1), 7-18-2016)

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-oriented entertainment land uses means an adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sports club, adult steam room/bathhouse facility, any bar, dance hall, restaurant or other place of business, which features dancers, go-go dancers, exotic dancers, strippers, male or female conduct, or the simulation of such conduct, or any other business whose primary business activity is characterized by emphasis on matters depicting, describing, or relating to nudity, sexual conduct, sexual excitement or other sexual practices.

Nudity means the showing of the human male or female genitals or pubic area with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state and/or the appearance of bare buttocks, anus, or female breast.

Sexual conduct means the commission of any of the following: sexual intercourse, sodomy, bestiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus, lewd exhibition of human genitals.

Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(Ord. No. 8-2016, § 17.29(2), 7-18-2016)

(a)

Zoning district. Adult-oriented land uses are not permitted uses in any zoning district, but may be operated or maintained only within the M-1 industrial district with a conditional use permit, provided that it is located on a minor arterial road and subject to the distance limitations and other regulations noted in this section. The procedures and public hearing requirements of section 38-444 shall apply.

(b)

Distance limitations. No adult-oriented entertainment land use, as defined in this section, shall:

(1)

Be operated or maintained within 1,000 feet of the boundary of any residentially zoned, commercial zoned district, or highway commercial district;

(2)

Be operated or maintained within 1,000 feet of a church, public park, licensed day care facility, public library, public or private educational facility, which serve persons age 17 years or younger, elementary school, high school, place of worship, or elderly housing facility:

(3)

Be operated or maintained so that there are no more than two such businesses within 2,500 feet, as measured by the radius from each business;

(4)

Be measured in a straight line from the main public entrances of said premises, to the lot lines of properties in agriculturally, residentially, and business zoned districts, or other facilities described herein.

(c)

Same use restrictions. No adult-oriented business shall be located in the same building or upon the same premises as any other such use.

(d)

Sign limitations. Notwithstanding any provision of this Code, an adult-oriented entertainment business shall not be permitted more than one sign advertising its business, which shall be an on-premises or building sign only. All such signs shall meet the following criteria:

(1)

Have no merchandise or pictures of the products or entertainment on the premises displayed in window areas or any area where they can be viewed from the sidewalk or public street in front of or adjacent to the building;

(2)

No sign shall be placed in any window, except a one square foot sign may be placed on the door to state hours of operation and admittance to adults only;

(3)

No sign shall contain any flashing lights, moving elements, or mechanically changing messages;

(4)

No sign shall contain any depiction of the human form or any part thereof, nor shall it contain explicit language such as 'nude dancing' or 'girls, girls, girls,' etc.;

(5)

No adult oriented entertainment business may have any off-premises sign.

(e)

Operating standards. All adult-oriented entertainment businesses shall operate in accordance with the following:

(1)

No employee shall solicit business outside the building in which the business is located;

(2)

No male or female person, whether on the premises, shall expose to public view his or her genitals, pubic area, anus, or anal cleft. Full nudity is prohibited;

(3)

No person on the premises shall engage in sexual conduct, or in any way fondle his genitals;

(4)

No person, employee, entertainer or patron shall be permitted to have any physical contact with any entertainer on the premises during any performance. All performances shall only occur on a stage, or on a table that is in a designated area within full and unrestricted view of the bar area, either of which is elevated as least 18 inches above the immediate floor level and removed a distance sufficient to prevent actual physical contact between the entertainer and another entertainer or any other person, employee or patron;

(5)

No person under 18 years of age may be admitted to, enter or remain on, purchase goods or services at, or work or be permitted to work as an employee in any capacity at an establishment subject to the provisions of this section;

(6)

No person shall cause another to commit a violation of this section, nor shall any person permit such a violation to occur on any premises under his control, tenancy, management or ownership.

(f)

Building exterior appearance. The building exterior of any premises containing an adult-oriented entertainment business shall meet the following criteria:

(1)

Colors to be earth or neutral tones with primary accent colors to be within the same color family;

(2)

Stripes and geometric patterns are prohibited;

(3)

The exterior shall be adequately maintained and in good condition.

(g)

Applicability; nonconforming use regulation. The provisions of this section shall apply to all existing or future adult-oriented establishment land uses. Any such existing land use or business that does not meet the zoning district restrictions or the distance limitations may continue its existence as a nonconforming use, except that such privilege of nonconforming use shall cease upon the discontinuance of the activities within such establishment for seven consecutive calendar days, including any days when the establishment is normally closed for business.

(Ord. No. 8-2016, § 17.29(3), 7-18-2016)

No adult-oriented establishment shall be open between the hours of 2:00 a.m. and 8:00 a.m., Monday through Friday, or between the hours of 2:30 a.m. and 8:00 a.m., on Saturday and Sunday.

(Ord. No. 8-2016, § 17.29(4), 7-18-2016)

(a)

Except as provided in subsection (e) of this section, from and after the effective date of the ordinance from which this article is derived, no adult-oriented establishment shall be operated or maintained in any area in the village without first obtaining a license to operate issued by the village board.

(b)

A license may be issued for only one adult-oriented establishment located at a fixed and certain place per application filed. Any person, partnership or corporation which desires to operate more than one adult-oriented establishment must have a license for each.

(c)

No license or interest in a license may be transferred to any person, partnership, or corporation.

(d)

It shall be unlawful for any entertainer, employee or operator to knowingly work in or to knowingly perform any service related to the operation of any adult oriented establishment which does not have a valid license pursuant to this article.

(e)

Nothing in this section shall be construed as to permit material or performances prohibited by Wis. Stats. § 944.21.

(Ord. No. 8-2016, § 17.29(5), 7-18-2016)

To receive a license to operate an adult-oriented establishment, an applicant must meet the following standards:

(1)

If the applicant is an individual.

a.

The applicant must be at least 18 years of age.

b.

The applicant shall not have been found to have previously violated this article within five years preceding the date of application.

c.

The applicant shall not have been convicted of any offense involving moral turpitude, prostitution, obscenity, or other offense of a sexual nature in any jurisdiction within five years immediately preceding the date of application, unless the person has been duly pardoned.

(2)

If the applicant is a corporation.

a.

All officers, directors, shareholders, and agents required to be named under this article must be at least 18 years of age.

b.

Neither the corporate applicant nor any officer, director or shareholder required to be named under this article shall have been found to have previously violated this article within five years preceding the date of application.

c.

No officer, director, shareholder or agent required to be named under this article, or the corporate applicant shall have been convicted of any offense involving moral turpitude, prostitution, obscenity, or other offense of a sexual nature in any jurisdiction within five years immediately preceding the date of application, unless the person has been duly pardoned.

(3)

If the applicant is a partnership, joint venture, or any other type of organization where two or more persons have a financial interest.

a.

All persons having a financial interest in the partnership, joint venture, or other type of organization shall be at least 18 years of age.

b.

Neither the applicant nor any person having a financial interest in the organization shall have been found to have violated any provision of this article within five years immediately preceding the date of application.

c.

No applicant or person having a financial interest in the partnership, joint venture, or other type of organization shall have been convicted of any offense involving moral turpitude, prostitution, obscenity, or other offense of a sexual nature in any jurisdiction within five years immediately preceding the date of application, unless the person has been duly pardoned.

(Ord. No. 8-2016, § 17.29(6), 7-18-2016)