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- 27 - Regulation of Adult Entertainment - Oshkosh
27 - Regulation of Adult Entertainment - Oshkosh
Ordinance #27
Adult Entertainment
Regulation of Adult Entertainment - Oshkosh
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING SECTIONS 4-28 AND 8-2, AMENDING SECTION 15-19(B)(3) AND REPEALING AND RECREATING SECTION 18-9 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO REGULATION OF ADULT ENTERTAINMENT AND HIGH RISK SEXUAL CONDUCT FACILITIES
WHEREAS, the Common Council of the City of Oshkosh has previously adopted regulations concerning adult entertainment within the City; and
WHEREAS, subsequent litigation elsewhere has appeared to render much of those regulations ineffective or of doubtful constitutional effect; and
WHEREAS, the Common Council reiterates its previous finding that certain activities as defined herein, and the businesses within which such activities or simulations thereof may occur, have in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to affect the quality of life of the communities, and that these secondary effects are detrimental to the public health, safety and general welfare of citizens; and
WHEREAS, the Council reiterates its previous finding which recognizes that some activities described herein are protected as expression under the First, Fourth, Fifth, Ninth and Fourteenth Amendments to the United States Constitution, and the Council further recognizes that such rights are among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights; and
WHEREAS, based on experience in other communities, the Council remains aware, however, that businesses associated with such activities and such activities themselves may and do generate secondary effects which, the Council believes, are detrimental to the public health, safety and welfare of the citizens of the City of Oshkosh; among these secondary effects are (a) the potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses, (b) the potential depreciation of property values in neighborhoods where these activities may occur, (c) health risks through the spread of sexually transmitted diseases, and (d) the potential for infiltration by organized crime for the purpose of unlawful conduct; and
WHEREAS, the Council reiterates its previous recognition that these activities, and the businesses within which these activities or simulations thereof may occur, have serious objectionable operational characteristics, particularly when located in proximity to each other and other areas as specified herein, thereby contributing to urban blight and downgrading the quality of life in the adjacent area and surrounding neighborhoods; and
WHEREAS, the Council, desiring to prevent these adverse effects and thereby protecting the public health, safety and general welfare of the citizens of the City of Oshkosh, protecting its citizens from increased crime, preserving the quality of life, preserving the property values and character of surrounding neighborhoods and deterring the spread of urban blight, reiterates its belief that limiting the proximity and contact between these activities, and business within which such activities or simulations thereof may occur, from the adjacent areas and surrounding neighborhoods, promotes the goal of reducing the secondary effects noted above; and
WHEREAS, the Council believes that consistency in regulations require that a modification be made to the nonconforming use regulation governing high risk sexual conduct facilities to avoid confusion and to resolve any concerns about due process and equal protection of the law;
NOW, THEREFORE, the City of Oshkosh do ordain as follows:
SECTION 1. That Sections 4-28 and 8-2 of the Oshkosh Municipal Code pertaining to regulation of adult entertainment are repealed.
SECTION 2. That Section 15-1 9(B)(3) of the Oshkosh Municipal Code pertaining to the nonconforming use status of High Risk Sexual Conduct Establishments is amended to insert between "any parcel of a similar establishment" and "or any school" the phrase "any establishment governed by Section 18-9 of this Code," and further, that subsection (a) is repealed and recreated to read as follows:
(a) It is the intent of this subparagraph (3) that such establishments, whose operations on the effective date of this ordinance subject them to regulation of this Section, shall be subject to the provisions of Section 30-4 NON
CONFORMING USE REGULATIONS of this Code, 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.
SECTION 3. That Section 18-9 of the Oshkosh Municipal Code pertaining to regulation of adult entertainment is repealed and recreated to read as follows:
SECTION 18-9
REGULATION OF ADULT ENTERTAINMENT FACILITIES
(A) In this section, "Special Cabaret" shall mean any bar, dance hall, restaurant, or other place of business, whether or not licensed under Chapter 4 of this Code, which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or waiters or waitresses, any of whom engage in sexual conduct as that term is defined in Section 944.21 (2)(e), Wis. Statutes, as may be amended from time to time, or the simulation of such activities by any such individual, or any such business establishment, the advertising for, or a sign or signs identifying, which use the words, "adult," "topless," "nude," "bottomless," or other words of similar import.
(B) No person, partnership, corporation or other entity shall own, operate, manage, rent, lease, occupy, or exercise control of any building, structure, premises, or portion or part thereof, (a) within which occurs the activities specified in this Section if otherwise allowed or (b) housing a special cabaret, as of the effective date of this ordinance that is located closer than 500 feet from the nearest lot line, that is the legal boundaries of a parcel of property, of a similar establishment, or, if so licensed, of another Class "B"/"Class B" establishment, or any facility governed by Section 15-19 of this municipal code, or any school (whether pre-school, elementary, middle or high school, whether public or private), or any residentially zoned property, library, church or chapel, park or playground, or licensed day-care facility.
(1) It is the intent of this subparagraph that such establishments, whose operations on the effective date of this Ordinance would otherwise subject them to regulation of this subsection, shall be subject to the provisions of Section 304 NON-CONFORMING USE REGULATIONS of this Code, except that such privilege of nonconforming use shall cease upon the discontinuance of the specified activities within such establishment for seven consecutive calendar days, including any days when the establishment is normally closed for business O
(C) No person, employee, entertainer or patron shall be permitted to have any physical contact with any entertainer on the premises during any performance, except for the taking of tips which must be taken on the hip or the side of the entertainer's G-string, T-bar or costume, or in a garter. 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 at least eighteen (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.
(D) No person under the age of eighteen (18) years of age may be admitted to, may enter or remain on, may purchase goods or services at, or may work or be permitted to work as an employee in any capacity at an establishment subject to the provisions of this Section.
(E) No person shall cause another to commit a violation of this Section, nor shall any person permit such violation to occur on any premise under his/her control, tenancy, management or ownership.
SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication.
Adult Entertainment
Regulation of Adult Entertainment - Oshkosh
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING SECTIONS 4-28 AND 8-2, AMENDING SECTION 15-19(B)(3) AND REPEALING AND RECREATING SECTION 18-9 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO REGULATION OF ADULT ENTERTAINMENT AND HIGH RISK SEXUAL CONDUCT FACILITIES
WHEREAS, the Common Council of the City of Oshkosh has previously adopted regulations concerning adult entertainment within the City; and
WHEREAS, subsequent litigation elsewhere has appeared to render much of those regulations ineffective or of doubtful constitutional effect; and
WHEREAS, the Common Council reiterates its previous finding that certain activities as defined herein, and the businesses within which such activities or simulations thereof may occur, have in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to affect the quality of life of the communities, and that these secondary effects are detrimental to the public health, safety and general welfare of citizens; and
WHEREAS, the Council reiterates its previous finding which recognizes that some activities described herein are protected as expression under the First, Fourth, Fifth, Ninth and Fourteenth Amendments to the United States Constitution, and the Council further recognizes that such rights are among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights; and
WHEREAS, based on experience in other communities, the Council remains aware, however, that businesses associated with such activities and such activities themselves may and do generate secondary effects which, the Council believes, are detrimental to the public health, safety and welfare of the citizens of the City of Oshkosh; among these secondary effects are (a) the potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses, (b) the potential depreciation of property values in neighborhoods where these activities may occur, (c) health risks through the spread of sexually transmitted diseases, and (d) the potential for infiltration by organized crime for the purpose of unlawful conduct; and
WHEREAS, the Council reiterates its previous recognition that these activities, and the businesses within which these activities or simulations thereof may occur, have serious objectionable operational characteristics, particularly when located in proximity to each other and other areas as specified herein, thereby contributing to urban blight and downgrading the quality of life in the adjacent area and surrounding neighborhoods; and
WHEREAS, the Council, desiring to prevent these adverse effects and thereby protecting the public health, safety and general welfare of the citizens of the City of Oshkosh, protecting its citizens from increased crime, preserving the quality of life, preserving the property values and character of surrounding neighborhoods and deterring the spread of urban blight, reiterates its belief that limiting the proximity and contact between these activities, and business within which such activities or simulations thereof may occur, from the adjacent areas and surrounding neighborhoods, promotes the goal of reducing the secondary effects noted above; and
WHEREAS, the Council believes that consistency in regulations require that a modification be made to the nonconforming use regulation governing high risk sexual conduct facilities to avoid confusion and to resolve any concerns about due process and equal protection of the law;
NOW, THEREFORE, the City of Oshkosh do ordain as follows:
SECTION 1. That Sections 4-28 and 8-2 of the Oshkosh Municipal Code pertaining to regulation of adult entertainment are repealed.
SECTION 2. That Section 15-1 9(B)(3) of the Oshkosh Municipal Code pertaining to the nonconforming use status of High Risk Sexual Conduct Establishments is amended to insert between "any parcel of a similar establishment" and "or any school" the phrase "any establishment governed by Section 18-9 of this Code," and further, that subsection (a) is repealed and recreated to read as follows:
(a) It is the intent of this subparagraph (3) that such establishments, whose operations on the effective date of this ordinance subject them to regulation of this Section, shall be subject to the provisions of Section 30-4 NON
CONFORMING USE REGULATIONS of this Code, 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.
SECTION 3. That Section 18-9 of the Oshkosh Municipal Code pertaining to regulation of adult entertainment is repealed and recreated to read as follows:
SECTION 18-9
REGULATION OF ADULT ENTERTAINMENT FACILITIES
(A) In this section, "Special Cabaret" shall mean any bar, dance hall, restaurant, or other place of business, whether or not licensed under Chapter 4 of this Code, which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or waiters or waitresses, any of whom engage in sexual conduct as that term is defined in Section 944.21 (2)(e), Wis. Statutes, as may be amended from time to time, or the simulation of such activities by any such individual, or any such business establishment, the advertising for, or a sign or signs identifying, which use the words, "adult," "topless," "nude," "bottomless," or other words of similar import.
(B) No person, partnership, corporation or other entity shall own, operate, manage, rent, lease, occupy, or exercise control of any building, structure, premises, or portion or part thereof, (a) within which occurs the activities specified in this Section if otherwise allowed or (b) housing a special cabaret, as of the effective date of this ordinance that is located closer than 500 feet from the nearest lot line, that is the legal boundaries of a parcel of property, of a similar establishment, or, if so licensed, of another Class "B"/"Class B" establishment, or any facility governed by Section 15-19 of this municipal code, or any school (whether pre-school, elementary, middle or high school, whether public or private), or any residentially zoned property, library, church or chapel, park or playground, or licensed day-care facility.
(1) It is the intent of this subparagraph that such establishments, whose operations on the effective date of this Ordinance would otherwise subject them to regulation of this subsection, shall be subject to the provisions of Section 304 NON-CONFORMING USE REGULATIONS of this Code, except that such privilege of nonconforming use shall cease upon the discontinuance of the specified activities within such establishment for seven consecutive calendar days, including any days when the establishment is normally closed for business O
(C) No person, employee, entertainer or patron shall be permitted to have any physical contact with any entertainer on the premises during any performance, except for the taking of tips which must be taken on the hip or the side of the entertainer's G-string, T-bar or costume, or in a garter. 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 at least eighteen (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.
(D) No person under the age of eighteen (18) years of age may be admitted to, may enter or remain on, may purchase goods or services at, or may work or be permitted to work as an employee in any capacity at an establishment subject to the provisions of this Section.
(E) No person shall cause another to commit a violation of this Section, nor shall any person permit such violation to occur on any premise under his/her control, tenancy, management or ownership.
SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication.