9.30 Acts of sexual gratification in adult entertainment establishments prohibited.
(1) Intent. The intent of this ordinance is to protect the health, safety and morals of the citizens of Kenosha County and to control sexually transmitted diseases which have been found to occur in adult entertainment establishments. This ordinance establishes standards of conduct in such places held open to the public.
(2) Acts of Sexual Gratification Prohibited.
(a) It is unlawful for any person to commit an act of sexual gratification in any adult entertainment establishment involving the sex organ of one person and the mouth or anus of another.
(b) It is unlawful for any person to commit an act of sexual gratification by acts of human masturbation, sexual intercourse, sexual contact or sodomy in any adult entertainment establishment.
(c) It is unlawful for any person to expose a sex organ to another for purpose of engaging in any acts of sexual gratification in any adult entertainment establishment.
(3) Definition.
(a) Adult Entertainment Establishments. For purpose of this ordinance, adult entertainment establishments include bookstores, motion picture theaters, mini motion picture theaters, bath houses, massage parlors, modeling studios, body painting studios and cabarets, and are more particularly defined as follows:
1. Adult Bookstore. 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 sexual activities” or “specified anatomical areas” as defined herein or an establishment with a segment or section devoted to the sale or display of such material.
2. Adult Motion Picture Theater. An enclosed building with a capacity of 50 or more persons 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 herein for observation by patrons therein.
3. Adult Motion Picture Theater (Outdoor). 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”.
4. Adult Mini Motion Picture Theater. An enclosed building with a capacity for less than 50 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined herein for observation by patrons therein.
5. Adult Bath Houses. An establishment or business which provides the services 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 in this ordinance.
6. Adult Massage Parlors. An establishment or business with or without sleeping accommodations which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the State of Wisconsin and which establishment provides for its patrons the opportunity to engage in “specified sexual activity” as defined in this ordinance.
7. Adult Modeling Studios. An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.
8. Adult Body Painting Studios. 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, the adult body painting studio shall not be deemed to include a tattoo parlor.
9. Adult Cabaret. An establishment or business which features male and/or female topless and/or bottomless dancers, go go dancers, exotic dancers, strippers, burlesque shows, male or female impersonators, or similar entertainers.
10. Adult Novelty Shop. 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, or designed for, specified sexual activity as defined herein or stimulating such activity.
(b) “Specified sexual activities” is defined as:
1. Human genitals in a state of sexual stimulation or arousal.
2. Acts of human masturbation, sexual intercourse, sexual contact or sodomy.
a. “Sexual intercourse” requires only vulvar penetration and does not require emission and includes cunnilingus, fellatio, or anal intercourse between persons or any of a person’s body or of any object into the genital or anal opening by a person or upon a person’s instruction.
b. “Sexual contact” means the intentional touching of the clothed intimate parts of another person with any part of the body clothed or unclothed or with any object or device, or the intentional touching of any part of the body clothed or unclothed of another person with the intimate parts of the body clothed or unclothed if that intentional touching is for the purpose of sexual arousal or gratification.
(c) “Specified anatomical areas” is defined as:
1. Less than completely and opaquely covered;
a. Human genitals, pubic region;
b. Buttock
c. Female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state even if completely and opaquely covered.
(4) Penalty.
(a) Any person who shall violate any provision of this ordinance shall, upon conviction thereof, forfeit not less than $500.00 nor more than $10,000.00 and in default of payment, shall be imprisoned in the county jail for not more than 180 days.
(b) Any person found guilty of violating any provision of this ordinance who shall have been previously convicted of violating any provision contained in this ordinance within any 365 day period, shall upon conviction thereof, forfeit not less than $1,000.00 nor more than $10,000.00 for each such offense and in default of payment, shall be imprisoned in the county jail for not more than 180 days. The 365 day period shall be measured from the dates of violation which resulted in convictions.
(5) Severability and Non-Liability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
(6) Effective Date. This ordinance shall take effect and be in force from and after its passage and publication. [Code § 9.10.4.]