ORD19937830 COMMON COUNCIL - CITY OF MUSKEG0
ORDINANCE # 783 "_
AN ORDINANCE TO CREATE SECTION 12.20
OF THE CITY OF MUSKEG0 CODE RELATIVE
TO ADULT-ORIENTED ESTABLISHMENTS
WHEREAS, it is a lawful purpose of the Common Council of the City of
Muskego, Wisconsin, to enact regulatory ordinances protecting and
promoting the general welfare, health and safety of its citizens: and
WHEREAS, the City is empowered to enact such ordinances pursuant to
the Constitution and laws of the State of Wisconsin: and
WHEREAS, the Common Council deems it necessary to provide for
but not limited to, adult bookstores, adult mini-motion picture
licensing and regulation of adult-oriented establishments including,
establishments, adult motion picture theaters and adult cabarets: and
WHEREAS, many adult-oriented establishments install booths with doors
or view other forms of adult entertainment: and
in which patrons can view adult-oriented movies or videotapes or film
WHEREAS, it is well known and has been found in Milwaukee and Kenosha
Counties, Wisconsin: Chattanooga, Tennessee: Newport News, Virginia:
and Marion County, Indiana, to name a few locals, that the viewing
booths in adult-oriented establishments have been and are being used
by patrons of said establishments for engaging in sexual acts,
particularly between males, including, but not limited to,
intercourse, sodomy, oral copulation and masturbation, resulting in
unsafe and unsanitary conditions in said booths: and
WHEREAS, the State of Wisconsin Division of Health has reported a
continued increase in the number of cases of Acquired Immune
Deficiency Syndrome in the state: and
WHEREAS, AIDS is a sexually transmitted disease which destroys the
body's immune system, is always fatal, and has no known cure: and
WHEREAS, the viral agents responsible for AIDS and other sexually
transmitted diseases have all been isolated at one time or another
from semen.
NOW, THEREFORE, the Common Council for the City of Muskego do ordain
as follows:
SECTION I: Section 12.20 of the Municipal Code of the City of Muskego
is created to read as follows:
I
12.20 ADULT ESTABLISHMENTS.
(1) DEFINITIONS. For the purpose of this ordinance, the
following words and phrase shall mean: 0
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(a) "Adult-oriented establishment", shall include, but is not
limited to, "adult bookstores", "adult motion picture
theaters, "adult mini-motion picture establishments", or
"adult cabaret", and further means any premises to which
public patrons or members are invited or admitted and which
are so physically arranged so as to provide booths,
cubicles, rooms, compartments or stalls separate from the
common area of the premises for the purposes of viewing
adult-oriented motion pictures, or wherein an entertainer
provides adult entertainment to a member of the public, a
patron or a member, whether or not such adult entertainment
is held, conducted, operated or maintained for a profit,
direct or indirect.
(b) "Adult bookstore" means an establishment having as its stock
in trade, for sale, rent, 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 "specific sexual activities" or "specified anatomical
areas" as defined below, and in conjunction therewith have
defined below, including adult oriented films, movies or
facilities for the presentation of adult entertainment, as
live performances, for observation by patrons therein.
(c) "Adult motion picture theater" means an enclosed building
with a capacity of fifty (50) or more persons used for
presenting material having 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", as defined
below, for observation by patrons therein.
(d) "Adult mini-motion picture theater" means an enclosed
building with a capacity of less than fifty (50) persons
or distinguished or characterized by an emphasis on, matters
used for presenting material having as its dominant theme,
depicting, describing or relating to "specified sexual
activities", or "specified anatomical areas", as defined
below, for observation by patrons therein.
(e) "Adult cabaret" means a cabaret which features topless
dancers, strippers, male or female impersonators, or similar
entertainers.
(f) "Common Council" means the Common Council for the City of
Muskego, Wisconsin.
(g) "Adult entertainment" means any exhibition of any motion
which has as its dominant theme, or is distinguished or pictures, live performance, display or dance of any type,
characterized by an emphasis on, any actual or simulated
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"specified sexual activities", or "specified anatomical
areas", as defined below, or the removal of articles of
clothing or appearing partially or totally nude.
(h) "Operators" means any person, partnership, or corporation
operating, conducting, maintaining or owning any adult-
oriented establishment.
(i) "Specified sexual activities" means simulated or actual:
1) showing of human genitals in a state of sexual
stimulation or arousal:
2) acts of masturbation, sexual intercourse, sodomy,
bestiality, necrophilia, sado-masochistic abuse,
fellatio or cunnilingus:
3) fondling or erotic touching of human genitals, pubic
region, buttocks or female breasts.
( j) "Specified anatomical areas" means:
1) less than completely and opaquely covered human
genitals, pubic region, buttocks, and female breasts
below the point immediately above the top of the
areola;
2) human male genitals in a discernible turgid state, even
if opaquely covered.
(2) LICENSE.
(a) Except as provided in subsection (d) below, from and after
the effective date of this ordinance, no adult-oriented
establishment shall be operated or maintained in the City of
Muskego without first obtaining a license to operate issued
by the City of Muskego.
(b) A license may be issued only for (1) adult-oriented
establishment located at a fixed and certain place. Any
more than one adult-oriented establishment must have a
person, partnership, or corporation which desires to operate
license for each.
(c) No license or interest in a license may be transferred to
any person, partnership or corporation.
(d) All adult-oriented establishments existing at the time of
the passage of this ordinance must submit an application for
a license within ninety (90) days of the passage of this
ordinance. If an application is not received within said
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ninety (90) day period, then such existing adult-oriented
establishment shall cease operations.
(3) Application for License.
(a) Any person, partnership or corporation desiring to secure a
application shall be filed in triplicate with and dated by
license shall make application to the City Clerk. The
distributed promptly by the City Clerk to the Muskego Police
the City Clerk. A copy of the application shall be
Department and to the applicant.
(b) The application for a license shall be upon a form provided
by the City Clerk. An applicant for a license shall furnish
the following information under oath:
1) Name and address.
2) Written proof that the individual is at least eighteen
3) The address of the adult-oriented establishment to be
4) If the applicant is a corporation, the application
(18) years of age.
operated by the applicant.
shall specify the name of the corporation, the date and
registered agents and the name and address of all
state of incorporation, the name and address of the
shareholders owning more than five percent (5%) of the
stock in said corporation and all officers and
directors of the corporation.
(c) Within twenty one (21) days of receiving an application for
a license the City Clerk shall notify the applicant whether
the application is granted or denied.
(d) Whenever an application is denied, the City Clerk shall
advise the applicant in writing of the reasons for such
days of receipt of notification of denial, a public hearing
action. If the applicant requests a hearing within ten (10)
shall be held within ten (10) days thereafter before the
Council, as hereinafter provided.
(e) Failure or refusal of the applicant to give any information
relevant to the application or his or her refusal or failure
to appear at any reasonable time and place for examination
under oath regarding said application or his or her refusal
to submit to or cooperate with regard to any information
the applicant that he or she is ineligible for such license
required by this ordinance shall constitute an admission by
and shall be grounds for denial thereof by the City Clerk.
(4) Standards for issuance of License. To receive a license to
operate an adult-oriented establishment, an applicant must
meet the following standards:
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(a) If the applicant is an individual:
(1) The applicant shall be at least eighteen (18) years of
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(2) The applicant shall not have been found to have
age.
previously violated this ordinance within five (5)
years immediately preceding the date of the
application.
(b) If the applicant is a corporation:
(1) All officers, directors and stockholders required to be
named under Section 3(b) shall be at least eighteen
(2) No officer, director, or stockholder required to be
(18) years of age.
previously violated this ordinance within five (5)
named under Section 3(b) shall have been found to have
years immediately preceding the date of the
application.
(c) If the applicant is a partnership, joint venture, or any
other type of organization where two (2) or more persons
have a financial interest:
(1) All persons having a financial interest in the
partnership, joint venture or other type of
organization shall be at least eighteen (18) years of
age.
partnership, joint venture or other type of
organization shall have been found to have violated any
provision of this ordinance within five (5) years
immediately preceding the date of the application.
(2) No person having a financial interest in the
(5) Fees. A license fee of TWO HUNDRED FIFTY AND OO/lOO
($250.00) DOLLARS shall be submitted with the application
for a license. If the application is denied, one-half (1/2)
of the fee shall be returned.
(6) Display of License or Permit. The license shall be
displayed in a conspicuous public place in the adult-
oriented establishment.
(7) Renewal of License or Permit.
(a) Every license issued pursuant to this Ordinance will
terminate at the expiration of one (1) year from date of
operation is allowed in the following year. Any operator
issuance, unless sooner revoked, and must be renewed before
desiring to renew a license shall make application to the
City Clerk. The application for renewal must be filed not
later than sixty (60) days before the license expires. The
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application for renewal shall be filed in triplicate with
and dated by the City Clerk. A copy of the application for
renewal shall be distributed promptly by the City Clerk to
the operator. The application for renewal shall be upon a
form provided by the City Clerk and shall contain such
required for an application for a new license.
information and data, given under oath or affirmation, as is
(b) A license renewal fee of TWO HUNDRED FIFTY AND OO/lOO
($250.00) DOLLARS shall be submitted with the application
for renewal. In addition to the renewal fee, a late penalty
of ONE HUNDRED AND OO/lOO ($100.00) DOLLARS shall be
assessed against any applicant who files for a renewal less
than sixty (60) days before the license expires. If the
application is denied, one-half (1/2) of the total fees
collected shall be returned.
(c) If the Muskego Police Department is aware of any information
bearing on the operator’s qualifications, that information
shall be filed in writing with the City Clerk.
(8) Revocation of License.
(a) The Council shall revoke a license or permit for any of the
following reasons:
(1) Discovery that false or misleading information or data
was given on any application or material facts were
omitted from any application.
any provision of this Ordinance or any rule or
Ordinance; provided, however, that in the case of a
regulation adopted by the City pursuant to this
first offense by an operator where the conduct was
exceed a suspension of thirty (30) days if the Council
solely that of an employee, the penalty shall not
shall find that the operator had no actual or
constructive knowledge of such violation and could not
by the exercise of due diligence have had such actual
or constructive knowledge.
permit .
is not paid.
served or consumed on the premises of the adult-
oriented establishment.
(2) The operator or any employee of the operator, violates
(3) The operator becomes ineligible to obtain a license or
(4) Any cost or fee required to be paid by this Ordinance
(5) Any intoxicating liquor or cereal malt beverage is
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(b) The Council, before revoking or suspending any license or
written notice of the charges against him, and the permit, shall give the operator at least ten (10) days
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opportunity for a public hearing before the Council, as
hereinafter provided.
The transfer of a license or any interest in a license shall
automatically and immediately revoke the license.
Any operator whose license is revoked shall not be eligible
to receive a license for one (1) year from the date of
revocation. No location or premises for which a license has
been issued shall be used as an adult-oriented establishment
for six (6) months from the date of revocation of the
license.
Physical Layout of Adult-Oriented Establishment. Any adult-
patrons or members, any booth, room or cubicle for the
oriented establishment having available for customers,
private viewing of any adult entertainment must comply with
the following requirements:
Access. Each booth, room or cubicle shall be totally
accessible to and from aisles and public areas of the adult-
door, lock or other control-type devices.
oriented establishment and shall be unobstructed by any
Construction. Every booth, room or cubicle shall meet the
following construction requirements:
Each booth, room or cubicle shall be separated from
adjacent booths, rooms or cubicles and any non-public
areas by a wall.
Have at least one side totally open to a public lighted
aisle so that there is an unobstructed view at all
times of anyone occupying the same.
All walls shall be solid and without any openings,
extended from the floor to a height of not less than
six (6) feet and be light colored, non-absorbent,
The floor must be light colored, non-absorbent, smooth
smooth textured and easily cleanable.
The lighting level of each booth, room or cubicle, when
textured and easily cleanable.
not in use shall be a minimum of ten (10) foot candles
at all times, as measured from the floor.
Occupants. Only one individual shall occupy a booth, room
or cubicle at any time. No occupant of same shall engage in
any type of sexual activity, cause any bodily discharge or
deface any portion of the booth.
litter while in the booth. No individual shall damage or
(10) Responsibilities of the Operator.
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(a) Every act or omission by an employee constituting a
deemed the act of omission of the operator if such act or
violation of the provisions of this Ordinance shall be
omission occurs either with the authorization, knowledge, or
approval of the operator, or as a result of the operator's
negligent failure to supervise the employee's conduct, and
the operator shall be punishable for such act or omission in
the same manner as if the operator committed the act or
caused the omission.
(b) Any act or omission of any employee constituting a violation
of the provisions of this Ordinance shall be deemed the act
or omission of the operator for purposes of determining
whether the operator's license shall be revoked, suspended
or renewed.
(c) No employees of an adult-oriented establishment shall allow
any minor to loiter around or to frequent an adult-oriented
establishment or to allow any minor to view adult
entertainment as defined herein.
(d) The operator shall maintain the premises in a clean and
sanitary manner at all times.
(e) The operator shall maintain at least ten (10) foot candles
of light in the public portions of the establishment,
of illumination in the aisles shall be necessary to enable a
including aisles, at all times. However, if a lesser level
patron to view the adult entertainment in a booth, room or
cubicle adjoining an aisle, a lesser amount of illumination
may be maintained in such aisles, provided, however, at no
time shall there be less than one (1) foot candle of
illumination in said aisles, as measured from the floor.
(f) The operator shall insure compliance of the establishment
and its patrons with the provisions of this Ordinance.
(11) Administrative Review Procedure. The Muskego Municipal Code
and State Law shall govern the administrative procedure and
review regarding the granting, denial, renewal, non-renewal,
revocation or suspension of a license.
(12) Exclusions. All private schools, and public schools, as
defined in Chapter 115, Wisconsin Statutes, located within
the City of Muskego are exempt from obtaining a license
hereunder when instructing pupils in sex education as part
of its curriculum.
(13) Penalties and Prosecution. Any person who shall violate any
provisions of this ordinance or who shall fail to obtain a
license or permit as required hereunder shall be subject to
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penalty as provided in Section 25.04 of the Muskego
Municipal Code.
SECTION 11: The several sections of this Ordinance are declared to be
decision of a court of competent jurisdiction to be invalid, unlawful,
severable. If any section or portion thereof shall be declared by a
or unenforceable, such decision shall apply only to the specific
section or portion thereof directly specified in the decision, and not
affect the validity of all other provisions, sections or portions
thereof of the Ordinance which shall remain in full force and effect.
of this Ordinance are hereby repealed as to those terms that conflict.
Any other Ordinances whose terms are in conflict with the provisions
SECTION 111: This Ordinance shall take effect immediately upon passage
and posting or publication as provided by law.
This Ordinance passed this - 26TH day of JANUARY " , 1993.
CITY OF MUSKEG0
ATTEST:
Wayde G. Salentine, Mayor
Published or posted on the " 4TH day of FEBRUARY - , 1993.
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STATE OF WISCONSIN )
Milwaukee County )
) 5s.
P
(SEAL)
being duly sworn,
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(Signed) ........
BOOKKEEPER.
ClTY OF"USKEG0 Official Notice r - - ..
*<
WCE m3
Y) CREATE SECTION CITY OF MUSKEG0 CODE
consin. to enact regulatory ordinanies pro-
tecting and promoting the general welfare,
health and safety of its citizens; and
enact such ordinances pursuant to the Con-
.stitution and laws ofthe State ofWisconsin;
and WHEREAS, the Common Council deems it
necessary to provide for licensing and regula-
tion of adult-oriented establishments includ-
ing,butnotlimitedto,adultbookstores,adult
mini-motion picture establishments, adult
motion picture theaters and adult cabarets;
and
lishments install booths with doors in which
WHEREAS, many adult-oriented estab-
videotapesorfilmorviewotherformsofadult
patrons can view adult-oriented movies or
entertainment; and
WHEREAS, it is well known and has been
found in Milwaukee and Kenosha Counties,
"'isconsin; Chattanooga, Tennessee; -New-
diana, to name a few locals, that the viewing
rt News, Virginia; and Marion County. In-
boothsin adult-orientedestablishmenta have
tablishments for engagingin sexual acts, par-
beenandarebeingusedbypatronsofsaides-
ticularly between males. including, but not
limited to, intercourse, sodomy. oral copula-
tion and masturbation, resulting in unsafe
and unsanitarywnditions in said booths: and
WHEREAS, the State of Wisconsin Divi-
sion of Health has reported a continued in-
crease in the number ofcases of Acquired Im-
mune Deficiency Syndrome in the state; and
WHEREAS, AIDS is a sexuslly transmit-
mune aystem. ia alwaya fatal, and has no
ted disease which destroys the body's im-
WHEREAS, the City is empowered to'
known cure;'and WHEREAS, the viral agents responsible
for AIDS and other sexually transmitted dis-
eases have all been isolated at one time or
another from semen.
cil for the City of Muskego do ordain as
NOW, THEREFORE, the Common Coun-
follows: SECTION I: Section 12.20oftheMunicipal
Code ofthe City of Muskego is created to read
as follows:
1Z.Zp ADULT ESTABLISHMENTS. (l).DEFMITIONS.Forthepurpaseofthis ,.
.shall mean:
ordinance, the following words and phrases
include, but is not limited to, "adult book-
(a) 'Adult-oriented establishment", shall
stores", "adult motion picture theaters,
"adult mini-motion piehve estsblishmenta".
or "adult cabaret", -and further means any
premises to which public patrons or members
are invited or admitted and which are so
physically arranged 80 as to provide booths.
cubicles, rooms, compartments or stalls sew-
rate from the common area of the premises
for the purposes of viewing adult-oriented
motion pictures, or wherein nn entertainer
the public, a patron or a member, whether or
provides adult entertainment to a member of
:,,ducted. operated or maintained for a profit.
not such adult entertainment is held, wn-
direct or indirect.
(b) 'Adult bookstore" means an establish-
ment having as ita stock in trade. for sale,
rent, ,lease, inspection or viewing books,
films. video cansettea, magazines or ocher
periodicals which are distiriguished or char-
acterjzd by~their emphaais on matters de-
picting, deseribing or relating to "specific sex-
ual activities" or'specified anatomical areas"
defined below, and in canjunction there-
with have facilities for the presentation of
adult entertainment. as defined below, in-
performances, for obsemation by patrons
eluding adult oriented films. movies Or live
-' (=)"Adult motionpieturetheater'meansan
therein.
enclosed building with B capacity of fiRy (60)
or more persons used for presenting material
guiahed or characterized by an emphasis on,
having BB ita dominant theme, or distin-
matters depicting, describing or relating to
'specified sexual activities", or "specified
anatomical areas". as defined below. for ob-
servation hy patrons therein.
meansanenclosedbuildingwithacapacityof
(d) Adult mini-motion picture theater"
iless than fiRy (SO) persons used for preeent-
ingmaterialhavingasitsdominanttheme,or
distinguished or characterized by an empha-
:.."In ""ifid .",.I m,.t;Witb"" nr "an.ri- ais on, matters depicting, deacribing or relat-
fied anatomical arean", as defined below. for
observation by patrons themin.
features topless dancera, strippers, male or
(e) "Adult cabaret" means e cabaret which
female impersonators,. or similar
entertainers.
Council for the City of Muskego, Wisconsin.
(0 "Common Council" means the Common
hibition of any motion pictures,' live perfor:
(g) "Adult entertainment" means any ex-
mance, display or dance of any type, .which
has as ita dominant theme, or is distin-
guished or characterized by an emphaaia on,
any actual or simulated 'specified sexual ac-
tivities", or "specified anatomical areas",,p
clothing or appearing partially or totally
defined below, or the removal of articles.of
nude.
nership, or wrporation operating, wnduct-
(h) 'Operators" means any person, pirt-
ing. maintaining or owning any adult-
oriented establishment.
mulated or actual:
<if "Specified sexual activities" means si-
1) showing of human genitals in a state of
sexual stimulation or arousal; *A
course. sodomy, bestiality, necrophilia, sado-
2) acta of masturbation. sexual inter-
masochistic abuse, fellatio or cu-lingus;
genitals. pubic region, buttoclrs or female
3) fondling c or erotic touching of human
breasts.
ti) "Specified anatomica17areas" means: 1) less thm.e-"
end human genitals. pubia,resiofizbu~km.
and female breasts below the~poi,nt immedi-
ately above the top of the areola;
gid state, even if opaquely wvered.
2) human male genitals in a discernible tu-
a) Except as provided in subsection (dl be-
(2) LICENSE.
low, from and aRer the effective date of this
ordinance, no adult-ariented establishment
shall be operated or maintained in the City of
operateiheued by the City of Muskego.
Muskego without first obtaining a license to
(b) A license may be issued only for (1)
adult-ariented estebliahment located at a
fixed and certain place. Any person, partner-
ship, or wrporation which desires to operate
more than one adult-ariented establishment
must have a license for each.
(e) No licensebrinterest in a license may be
transferred to any peraon, pihership or
wrporation.
iating at the time ofthe passage of this ordi- (d) All adulhriented establishments ex-
nance mu& submit an application for a
license within ninety (90) days ofthe passage
of this ordinance. If an application ia not re-
ceived within said ninety (90) day period.
then sucb existing adult-ariented establish-
ment shall cease ogerations.
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(3) Application for License.
(a) Any peraon. partnership or corporation
cation to the City Clerk. The application shall
desiring to secure a license shall make aPPli-
be filed in triplicate with and dated by the
City Clerk. A copy ofthe application shall be
distributed promptly by the City Clerk to the
Muskego Police Department and to the
upon a form provided by the City C
lowing information under oath
applicant for a license shall furnish the fol-
1) Name and sddress.
least eighteen (18) years of age.
2) Written pmf that the individual is at
lishment to be operated by the applicant.
3me address of the adultariented estab
plication shall specify the name of the wrpo-
4) lf the applicant is a corporation, the ap-
ration, the date and state of inwrporation.
the name and address of the registered
agents and the name and address of all nhare-
holdersowningmorethanfivepereent(640)of
the stock in said corporation and all officers
and directors of the cbrporation.
an application for a license the City Clerk
(c) Within twenty one (21) days of receiving
shallnotifytheapplicantwhethertheapplie-
tion is granted or denied.
(d) Whenever an application is denied, the
ing of the reasons for such action. If the awl-
City Clerk shall advise the applicant in writ-
icantrequesta a hearingwithin ten (10) days
of receipt of notification of denial, a public
hearing shall be held within ten (10) days
thereafter before the Council, as hereinafter
&his or her refusal to sub&t to or cooperate
this ordinane shall wnstitute an admission
with regard to any information required by
by the applicant that he or she is ineligible for
such license and shall be grounds for denial
themf bv the City Clerk.
, "
(4) Standards for issuance of License. To
receive a license to operate an adult-oriented
establishment, an applicant must meet the
" '(a) If the applicant is an individual:
(18) years of age.
(1) The applicant shall be at least eighteen
to have previously violated. this ordinance
(2) The applicant shall not have been found
within five (5) years immediately preceding
the date of the application.
'following standards:
(b) If the applicant is a corporation:
(1) All officers. directors and stockholders
required to be named under Section 3(b) shall
be at least eighteen (18) years of age.
quired to be named under Section 3(b) shall
(2) No oflicer, director or stockholder re-
have'been found to have previously violated
this'ordinance within five (5) yeariimmedi.
ately. preceding the date of the application.
(e) If the applicant is a partnership. joint
where two (2) or more persons have a finan-
venture. or any other type of organization
cia1 Interest
(1) All persons having a financial interest
inthepartnership,jointventureorothertype
oforganization shall be at least eighteen (18)
years of age.
(2) No person having a financial interest in
organization shall have been found to have
the partnership,joint venture or other typeof
violated any provision of this ordinance
within five (5) years immediately preceding
the date of the application.
(5) Fees. A license fee of TWO HUNDRED FIFTY AND 00/100 ($250.00) DOLLARS
shall be submitted with the application for a
license. If the application is denied, one-half (Y2) of the fee shall be retkmed.
(6) Display of License or Permit. The
license shall be displayed in a conspicuous
establishment.
public place in the adult-oriented
(7) Renewal of License or Permit.
(a) Every license issued pursuant to this
ane.(l) year from date of issuance. unless
Ordinance will terminate at the expiration of
sooner revoked, and must be renewed before
operation is allowed in the following year.
Any operator desiringto renew a license shall
makeapp1icationtotbeCityClerk.Theappli-
cationforrenewalmustbefilednotlaterthan
sixty (60) days before the license expires. The
ate with and dated by the City Clerk. A copy
application for renewal shall be filed in tripli-
of the application for renewal shall be distri-
buted promptly by the City Clerk to the oper-
upan a form provided by the City Clerk and
ator. The application for renewal shall be
vembder oath or affirmation. 88 is required
shall contain such information and data,&
for an application for a new license.
(ti) A license renewal fee of TWO
DO&4RS shall be submitted with the appli-
HUNDRED FIFTY AND 00/100 ($250.00)
cation for renewal. In addition to the renewal
fee,& late penalty of ONE HUNDRED AND
00/ib0~$100.00~DOLLARSshallbeassessed
aga,inst any applicant who files for a renewal
les.s$han sixty (60) days before the license ex-
pire. If the application is denied, one-half
ret-ed.
(Y23 of the total fees collected shall be
(0) If the Muskego Police Department is
awareofanyinformationbearingantheoper-
be filed in writing with the City Clerk.
ator'. qualifications. that informe'tion-Bhall
(8) Revocation of License.
permit for any of the following reasons:
(8) The Council shall revoke a license or
formation or data was given on any applica-
(1) Discovery that false or misleading in-
tion or material facts were omitted from any
application.
erator. violates any provision of this Ordi-
(2) The operator or any employee of the op-
nqe or any rule or regulation, adopted by
the City pursuant to this Ordinance; pro-
vided, however, that in the case ofa first of-
fens? by an operator where the conduct was
solely that of an employee. the penalty shall
notexceed a suspension of thirty (30) days if
the Council shall find that the operator had
no actual or constructive knowledge.
tain a license or.permit.
(3) The operator bemmes ineligible to ob-
" (4)AnywstorfeirequiedtobepaidbytJis
Ordinance ia not paid.
beverage is served, or consumed on the Pre-
(5) hY intokceting liquor or cereal malt
mises of the adult-oriented establishment.
(b) me Council, before revoking Or SUB-
at least ten (10) days written notice
pending any license or permit, shall give the
ofthe charges &+inst him, and the opportun-
ity for a public rearing before the Council, as
hereinafter pronded.
ordinance are declared to be severable. If any SEC~TON II: %e several sections of this
eection or portion thereof shall be declared by
adecisionofawurtofcompetentjurisdiction
to be invalid, unlawful, orunenforeable. such
decision shall apply only to the specific see-
tionorportionthereofdirectlyspeeifiedinthe
decision, and not affect the validity of all
other provisions, sections or portions thereof
of the Ordinance whichshall remain in full
foma and effect. Any other Ordinances whose
terms are in conflict with the provisions of
thiB Ordinance are hereby repealed as to
those terms that conflict.
effect immediately upon passage and posting
SECTION I11 This Ordinance shall take
or publication as provided by law.
This Ordinance passed this 26TH day of
JANUARY, 1993. CITY OF MUSKET0
Wayne G. Salentine.
Mayor
AITEST
Jean K. Marende.
Clerk
Published or posted on the 4TH day of FE- BRUARY, 1993. -