(a)

Purpose. The purpose of this article is to regulate the location of sexually oriented businesses as defined herein in order to promote the health, safety, morals and general welfare of the citizens of the village. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials (including sexually oriented materials), or of suppressing or censoring any expressive activities protected by the First Amendment of the United States Constitution or article I, section 3 of the Wisconsin Constitution. Similarly, it is not the intent, nor effect of this article 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 entertainment to their intended market. Neither is it the intent nor effect of this article 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)

Sexually oriented businesses 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 sexually oriented businesses defined in this section as adult theaters and cabarets 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 sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows;

(4)

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

(5)

Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses;

(6)

At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, 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—600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and 253,448 in 1992, and 886,575 through 2002. HIV/AIDS Surveillance Report, United States Health and Human Services Department, Center for Disease Control, 2003;

(8)

As of December 30, 2003, there have been 5,386 reported cases of AIDS and 8,233 reported cases of HIV infection in the state. Wisconsin HIV/AIDS Quarterly Surveillance Summary, Wisconsin Department of Health and Family Services, September 30, 2003;

(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;

(10)

In the United States each year, 3,000,000 people are infected with chlamydia, 650,000 with gonorrhea, 70,000 with syphilis, 1,000,000 with herpes, 5,500,000 with human papillomavirus, 120,000 with hepatitis B, and 5,000,000 with trichomoniasis. Overall, the CDC estimates there are 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 sexually oriented businesses 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 sexually oriented businesses where persons view "adult-oriented" films;

(15)

Sexually oriented businesses can contribute to the impairment of the character and quality of a surrounding residential neighborhood, and can contribute to a decline in the value of surrounding properties;

(16)

The findings noted in subsections (b)(1) through (15) of this section raise substantial governmental concerns;

(17)

A reasonable regulation of the location of sexually oriented businesses will provide for the protection of the image of the community and its property values and protect the residents of the community from the adverse secondary effects of a sexually oriented business, while providing to those who desire to patronize sexually oriented businesses such an opportunity in areas within the city which are appropriate for a location of sexually oriented businesses;

(18)

The general welfare, health, morals and safety of the citizens of the village will be promoted by the enactment of this chapter.

(Code 1998, § 106-1100; Ord. No. 04-03, § 1, 3-1-2004)

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

Sexually oriented business means this article adopts and incorporates herein the definition of sexually oriented business in section 18-181.

(Code 1998, § 106-1101; Ord. No. 04-03, § 1, 3-1-2004)

(a)

Sexually oriented businesses are permitted in C-1 and C-2 zones, and subject to the limitations noted in this article.

(b)

Sexually oriented businesses are prohibited in all other zones.

(c)

In C-1 and C-2 zoning districts, the operation or maintenance of a sexually oriented business is prohibited within:

(1)

One thousand feet of any residential zone;

(2)

One thousand feet of any public or private educational facility which serves persons age 17 or younger, licensed daycare facility, public library, elementary school, high school, church, religious institution, place of worship, recreational site, or any public park;

(3)

Two thousand five hundred feet of any other sexually oriented business.

(Code 1998, § 106-1102; Ord. No. 04-03, § 1, 3-1-2004)

The distances provided in this article shall be measured in a straight line, without regard to intervening structures or objects, from the closest point of the structure (or portion of the structure) occupied or proposed for occupancy by the sexually oriented business, to the nearest point of the parcel of property or land use district boundary from which the proposed land use is to be separated.

(Code 1998, § 106-1103; Ord. No. 04-03, § 1, 3-1-2004)

No sexually oriented business shall be located in the same building or upon the same property as another such use.

(Code 1998, § 106-1104; Ord. No. 04-03, § 1, 3-1-2004)

Notwithstanding any other provision of this Code, a sexually oriented 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 be in accord with all of the following criteria:

(1)

No sign shall be placed in any window. A one square foot sign may be placed on the door stating the hours of operation and the limitation of admittance to adults only;

(2)

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

(3)

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

(4)

No merchandise, pictures of the products, or representation of entertainment offered on the premises may be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building.

(Code 1998, § 106-1105; Ord. No. 04-03, § 1, 3-1-2004)

Where permitted, all sexually oriented businesses must meet all regulations and requirements of this chapter.

(Code 1998, § 106-1106; Ord. No. 04-03, § 1, 3-1-2004)