ORD20001019COMMON COUNCIL -CITY OF MUSKEGO
ORDINANCE #IO19
AN ORDINANCE TO AMEND CHAPTER 17 (ZONING ORDINANCE)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
TO REPEAL SEC. 2.02(.5)AND SEC. 6.03(1)D.
AND CREATE SECTION 6.14 ENTITLED
FIRST AMENDMENT PROTECTED ADULT-ORIENTED ESTABLISHMENTS
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17, Section 2.02(.5) and Section 6.03(1) D. of the Municipal
Code of the City of Muskego, Wisconsin are hereby repealed in their entirety.
SECTION 2: Chapter 17, Section 6.14 of the Municipal Code of the City of Muskego,
Wisconsin is hereby created as follows:
6.14 FIRST AMENDMENT PROTECTED ADULT-ORIENTED ESTABLISHMENTS
(1) FINDINGS OF FACT
The Common Council finds that Adult-Oriented Establishments, as
defined and otherwise regulated by the City in its Adult-Oriented Licensing
and Regulation Ordinance, require special zoning in order to protect and
preserve the health, safety, and welfare of the City.
Based its review of studies conducted in Phoenix AZ, Garden Grove CA,
Los Angeles CA, Whittier CA, Indianapolis IN, Minneapolis MN, St. Paul
MN. Cleveland OH, Oklahoma City OK, Amarillo TX, Austin TX, Beaumont
TX, Houston TX, Seattle WA, and the findings incorporated in City of
Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Coleman A.
Young v. American Mini-Theaters, Inc., 427 US. 50 (1976), the
Common Council finds that there is convincing evidence that the
secondary effects of Adult-Oriented Establishments include an increased
risk of prostitution, high-risk sexual behavior, crime, and other deleterious
effects upon existing businesses and surrounding residential areas, and
decreased property values.
The Common Council intends to control the impact of these secondary
effects in order to protect the health, safety, and welfare of the citizenry;
protect the citizens from increased crime; preserve the quality of life;
preserve the property values and character of surrounding neighborhoods
and areas.
It is not the intent of the Common Council to suppress any speech
activities protected by the First Amendment, but to enact a content-neutral
ordinance which addresses the secondary effects of Adult-Oriented
Establishments while providing an outlet for First Amendment protected
activities.
Ordinance #IO19 Page 2
(e) In order to minimize and control the secondary effects of Adult-Oriented
Establishments upon the City, it is the intent of the Common Council to
prevent the concentration of Adult-Oriented Establishments within a
certain distance of each other and within a certain distance of other
specified locations which are incompatible with and would suffer from the
secondary effects of Adult-Oriented Establishments.
0
0
(f) Based upon its review of materials linking alcohol consumption and high-
risk sexual behavior and materials linking alcohol consumption and crimes
such as sexual assault, the Common Council finds that a geographic
separation of Adult-Oriented Establishments from alcohol beverage
licensed premises is warranted.
(2) LOCATION OF FIRST AMENDMENT PROTECTED ADULT-ORIENTED
ESTABLISHMENTS
(a) The First Amendment and other provisions of the United States
Constitution, as interpreted by the United States Supreme Court and other
courts, require that Adult-Oriented Establishments, as defined and
otherwise regulated by the City, are entitled to certain protections,
including the opportunity to locate in the City. Therefore, if an Adult-
Oriented Establishment License has been granted by the City, and if all
the requirements of this Section of the Zoning Code are met, an Adult-
Oriented Establishment shall be an allowed use in the 1-1 and 1-2 zoning
district(s) and shall be a prohibited use in any other zoning district. No
other requirements of the Zoning Code need be satisfied, but for those
required in order to obtain an Adult-Oriented Entertainment License from
the City.
(b) Adult-Oriented Establishments shall be located at least 1,000 feet from:
1 any residential district line, playground lot line, or public park lot
line:
2. any structure used as a residence, place of religious worship,
public or private school, or Youth Facility as defined in the City’s
Adult-Oriented Establishment Licensing and Regulation Ordinance:
3. any other structure housing an Adult-Oriented Establishment;
4. any structure housing an establishment which holds an alcohol
beverage license.
(c) Distance requirements are to be measured in a straight line in any
direction regardless of intervening structures, from the structure housing
the Adult-Oriented Establishment to the above residential district
boundary lines, to the lot line of any lot used for a park, playground, or the
lot line of any structure listed in 2(b),(c) and (d), above.
Ordinance #IO19 Page 3
(d) The measurements from a structure shall be taken from the farthest point
a structure extends in the direction of the measurement, including
overhanging roofs or similar projections.
(e) For Adult-Oriented Establishments located in conjunction with other
buildings and clearly separate from other establishments such as in a
shopping center, measurements shall be taken from the boundaries of the
space occupied by the Adult-Oriented Establishment.
(f) For any Adult-Oriented Establishment located above ground level in a
multi-story structure and clearly separate from other establishments within
the structure, the distance measurements shall be taken from the ground
floor public entrance/exit nearest the Adult-Oriented Establishment
(excluding emergency exits).
(9) A licensed Adult-Oriented Establishment is not disqualified from holding
an Adult-Oriented Establishment License by the location subsequent to
the grant or renewal of its license of any of the establishments described
in 2., above, within 1,000 feet of the licensed premises. This provision
applies only to the renewal of an existing license and does not apply when
an application for a license is submitted after a license for that location
has not been renewed or has been revoked.
SECTION 2: SEVERABILITY
The sections of this Ordinance are declared to be severable. If any section or portion
thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or
unenforceable, such decision shall apply only to the specific section or portion thereof
directly specified in such decision, and shall not affect the validity of any other
provisions, section or portions thereof of the Ordinance which shall remain in full force
and effect. All ordinances or parts of ordinances inconsistent or contravening this
ordinance are hereby repealed.
SECTION 4: EFFECTIVE DATE
This ordinance shall take effect upon passage and publication as provided by law.
PASSED AND APPROVED THIS DAY OF MARCH ,2000,
AlTEST. First Reading February 22, 2000
Published this gTH day of March, 2000.
I STATE OF WISCONSIN) ) ss."'
Milwaukee County 1
OffJaJNgtice .-
.COMMON COUNCIL -.ClTV OF MUsKROn
.I
~ ~
AN ORDINANCE TO AMEND CHAPTER 17
OllolNANCE XlOlS
IZONING ORDINANCE) OF THE MUNICIPAL CODE OF THE CITY OF MI ISKFCCI TO REPEAL
~ -REATE SECTION 6.14 ENTITLED FIRST AMENDMENT
PROTECTED ADULT-ORIENTED ESTABLISH. MENTS
MUSKEGO SUN, a newspaper
published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed
is a true copy, taken from the said paper, was published
therein OK
THE COMMON COUNCIL OF THE CITY OF
MUSKEGO. WAUKESHA COUNTY, WISCONSIN, DOES ORDAIN AS FOLLOWS: ~ ~~
Section 6.03(1) D. of the Municipal Code of the City
SECTION 1: Chapter 17. Section 2.02(.5) and
entirety.
ofMuskego, Wisconsin are hereby repealed ~n their
SECTION 2: Chspter 17. Section 6.14 of the
Municipal Code of the City of Muskego, Wisconsin
is hereby created as follows:
6.14 FIRST AMENDMENT PROTECTED
ADULT-ORIENTED ESTABLISHMENTS. .~ ,.
L!
,. -a
(1) FINDINGS OF FACT
(8) The Common Council Gnds that Adult-On.
ented, Estabhhments. as defined and otherwise
regulated by the City in its Adult-Orienyd Litem.
ing and Regulation Ordinance, require B ecml zon.
safety. and welfare of the City.
ing in order to protect and preserve tk health,
lbl Based its review of studies epnducted in
Pbrenk AZ. Garden Grove CA, Lo8 Angeles CA,
Whittier CA. lndianapohs IN. Minneqpdtla MN, St.
Amarillo TX. Austin TX .Beaumoot TX, Houston
Paul MN. Clevelsnd OH. Oklahomi City OK.
TX. Seattle WA, and the finding8 in&'wrated in
City of Rentan v. Playtime The~ters. Id*.. 475 U.S.
41 (19861, Cbleman A. Young Y. American Mhi-The.
eil hds that there ie convincing evidence that the
atem, he., 427 U.S. 50 (1976). the Cidmon Coun-
secondary etkteof AddtQtienttd Estabhshments
sexual behavior. crime, and other deleterious.
include an increased risk of prostitution. high-risk
effects upon existing businesses and surrounding
residential areas, and decreased propertyvalues.
impact of these secondary efIecu in orde? toprotect
(E) The Common Council intends to ,control the
the hedth, safety, and welfare ofthe citizenry: pro-
quality of Life. preser~e the property values and
teet the citizens from increased crime; preserve the
character of surrounding neighborhoods and areas.
suppress any speech activitm protected by the
(dl It is not the intent of the Common Council to
First Amendment. but to enact a content-neutral
ordinance which addresses the secondary effects of
Adult.Oriented Establshments while providing an
outlet far Firsthendment protected activities.
ondary elfects 01 Adult-Otiented Establishments
le) I" order to minimize and control the set.
eil to Prevent the concentration of Adult-Onented
upon the Gty, it is the intent of the Common Coun-
Establishments within a certain distance of each
other and within a certoin distance of other speci-
fied locations which are lncompatlble wlth and
would suffer from the secondary effects of Adult.
Oriented Establishments.
alcohol Consumptmn and high- nsk sexual behavior
IO Based upon its review of mnte;ials linking
and materials linklng alcohol consumption and
crimes such as sexual assault. the Common Coun.
cil finds that a geographic separation ofAdult-Ori-
ented Establishments from alcohol beverage
licensed premrsee is warranted.
(2) LOCATION OF FIRST AMENDMENT PRO-
TEC~ED ADULT-ORIENTED ESTABLISH. MENTS
the United States Constitution. as interpreted by
(a)The Fmt Amendment and other provisions of
the United States Supreme Lour1 and other courtn.
reqvlrr that AdulL-Oriented Establishments. as
defined and otheGire re&.ated by the City, are
entitled to certain protections, lncluding the oppor-
Ornented Establishment L~cense has been granted
by the City, and if all the requirements of this Sec-
Esboblishment-shall be.an-allowed use in the-p;? .-
tion of the Zoning Code are met: an Adult-Oriented
and 1-2 zoning district(s) end shall be a prohibited
use ~n any other zoning district. No other require-
ments of the Zoning Code need be satirried, but for
those requwed in order to obtain'- Adult-Otienfed
Entertammen1 License from the City
located at least 1,000 feet from:
tb) Adult-Onented Establishments shall be
line. or public park lot line;
1. my residential distnct line. playground lot
2. BnyhtrYctUre used as B resndence, place ofreln.
Facility as defined in the City's Adult-Oriented
gious worship, public or private school, or Youth
Establishment Lieensmg and Regulation Ordi-
nance;
3. any other ptructure housing an Adult.Orient-
ed Eatablnshment,
4. any structure housing an establishment which
tunity to locate in the City. Therefore. if an Adult.
,., .. ., .
holds an alcohol beverage license.
a straight line in my direction regardless Of inter-
(c) Distance requirements are to be measured in
"ening struct.ures. from the structure housing the
Adult-Oriented Eetablishment to the sbove re&
dential district boundsry lines. to the lot line of any
lot used for a park. playground. or the lot line of
any structure listed in 2(b).lel and (d). above.
taken from the fanhest point a structure extends in
(d) The measurements from a structure shell be
the direction of the meaaumment,'includ% bver-
hanging roofs or similar projections.
(e) ForAdult.Oriented Estabhhmenrs located in
conjunction with ather buildings and clearly sepa-
rate from other establishments such as in a shop-
ping center. measurements shall be taken fmm the
boundaries ofths space occupied by the Adult-0"-
ented Establishment. (0 For any Adull.Oriented Establishment loeat-
ed above ground level in a multi-story structure
within the structure. the distance meaSUrements
and clearly aeparste fmm other establishments
shell be taken from the grovnd floor public
entrance/exit nearest the Adult-Oriented Estab-
lishment (excludingemergency exits).
not disqualified from holding an Adult-Oriented Ig) A licensed Adult.Otiented Eetablishment is
Establishment License by the location subsequent ti the grant or renewal of its license of any of the
establishments described in 2.. above. within 1.000
only to the renewal oC M existing license and does feet of the licensed premises. This provision applies
not apply when an appl!Cati& for a license is suh-
mitted after a license for that location has not been
renewed or has been revoked.
this ordinance are declared to be severable. If any SECTION 2: SEVERABILITY The sections of
section or portion thereof shall be declared by a
offompetentjunsdlcrion to be invalid, unlaw-
ful or unenforceable. such decision shall wply Only
to the sedion or portion thereof direttly
swcified in such decision. and shall not affect the
balidity of any other provisions. beetion Or portions
foice' &d e&C. bJro;dlnances Or wrts of ordi-
thereofofthe Ordmance which 5h.U r:m.ain in full
nanees inconsistent or contravening this ordinance
are hereby repealed.
Thls ordinance shall take effect upon 'paisage
SECTION 4: EFFECTIVE QbTE
and publication 88 provided by law.
MARCH, 2000.
PASSED AND APPROVED THIS 2ND DAY OF
David L. DeAngeliP. Mayor
CITY OF MUSKEGO
AWPST.
Jean K. Marenda. City Clerk