§ 6.38.040. Definitions.

For the purpose of this section:

A.

"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 based on or is distinguished or characterized by an emphasis on sex and/or sexual gratification, or any actual or simulated performance of "specified sexual activities," or exhibition and viewing of "specified anatomical areas," as defined herein, appearing unclothed, or the removal of articles of clothing to reveal "specified anatomical areas."

B.

"Adult-oriented establishment" shall include, but not be limited to, "adult bookstores," "adult motion picture theaters (indoor or outdoor)," "adult body painting studios," and further means any premises to which public patrons or members are regularly invited, admitted and/or allowed to view "adult entertainment," whether or not such entertainment is held, conducted, operated or maintained for 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.

C.

"Adult bath house" means an establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in "specified sexual activities," as defined herein.

D.

"Adult body painting studio" means an establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this ordinance, "adult body painting studio" shall not be deemed to include a tattoo parlor.

E.

"Adult bookstore" means, but shall not be limited to, an establishment having as a substantial or significant portion of its stock and trade in books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified anatomical areas" or "specified sexual activities." An "adult bookstore" shall also include, but not be limited to, establishments which have a facility or facilities, including but not limited to, booths, cubicles, rooms or stalls, for the presentation of "adult entertainment," as defined herein, including adult-oriented films, movies or live performances for observation by patrons therein, or which, as part of its regular and substantial course of conduct, offers for sale, rent, trade, 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 "adult entertainment," as defined herein.

F.

"Adult cabaret" means a cabaret which features male or female impersonators or similar entertainers.

G.

"Adult modeling studio" means an establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially nude by means of photography, painting, sketching, drawing, or otherwise.

H.

"Adult mini-motion picture theater" means an enclosed building with a capacity of fifty or less persons, including establishments that have coin-operated video or motion picture booths, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons of such establishment.

I.

"Adult motion picture theater" means an enclosed building with a capacity of more than fifty persons at which a significant or substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing, or relating "specified anatomical areas" or specified sexual activities," as defined herein, for observation by patrons therein.

J.

"Adult motion picture theater (outdoor)" means a parcel of land from which individuals may view a motion picture presented out of doors which presents material distinguishably characterized by an emphasis on matter depicting, describing, or relating to "specified anatomical areas" or specified sexual activities," as defined herein.

K.

"Adult motel" means a hotel, motel, or similar commercial establishment which:

1.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities," as defined herein; and has a sign visible from the public right-of-right which advertises the availability of this adult type of photographic reproductions; or

2.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

3.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

L.

"Adult novelty shop" means an establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on "specified anatomical areas," or designed for "specified sexual activities," as defined herein.

M.

"Booth," "room" or "cubicle" shall mean 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, "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 of Wisconsin pursuant to Chapter 50 of the Wisconsin Statutes.

N.

"Church" means a building, whether situated within the City or not, in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

O.

"Customer" means any person who:

1.

Is allowed to enter an "adult-oriented establishment" in return for the payment of an admission fee or any other form of consideration or gratuity; or,

2.

Enters an "adult-oriented establishment" and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or,

3.

Is a member of and on the premises of an "adult-oriented establishment" operating as a private club.

P.

"Day Care Center" means a facility licensed by the State of Wisconsin, pursuant to Sec. 48.65 of the Wisconsin Statutes, whether situated within the City or not.

Q.

"Residential" means pertaining to the use of land, whether situated within the City or not, for premises such as homes, townhouses, duplexes, condominiums, apartments and mobile homes, which contain habitable rooms for non-transient occupancy and which are designed primarily for living, sleeping, cooking and eating therein. A premises which is designed primarily for living, sleeping, working and eating therein shall be deemed to be residential in character unless it is actually occupied and used exclusively for other purposes. Hotels, motels, boarding houses, nursing homes and hospitals shall not be considered to be residential.

R.

"School" means a building, whether situated within the City or not, where persons regularly assemble for the purpose of instruction or education, together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term is limited to:

1.

Public and private schools used for primary or secondary education in which any regular kindergarten or grades one through twelve classes are taught; and

2.

Special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any of grades one through twelve.

S.

"Employee" means any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an "adult-oriented establishment."

T.

"Entertainer" means any person who provides entertainment within an "adult-oriented establishment" as defined herein, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or independent contractor.

U.

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

V.

"Specified sexual activities" means:

1.

Showing of human genitals in a state of sexual stimulation or arousal;

2.

Acts of human masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;

3.

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts whether covered or uncovered.

W.

"Specified anatomical areas" means:

1.

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttocks;

c.

Female breast below a point immediately above the top of the areola.

2.

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

X.

"Substantial" as used in various definitions shall mean twenty percent or more of a business' stock in trade, display space, floor space or retail sales in any one month during the license year.

(Ord. 1171, 2003).

(Ord. No. 1350, 11-23-09)