The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.

Chapter 24.45 - Sexually Oriented Business

(1) Purpose and Intent

(a) It is the purpose and intent of this Ordinance to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location of sexually oriented businesses within the City, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the ordinance to condone or legitimize the distribution of obscene material.

(2) Definitions

For the purposes of this ordinance, certain terms and words are defined as follows:

(a) "Sexually Oriented Businesses" are those businesses defined as follows:

l. Adult arcade - means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

2. Adult bookstore, adult novelty store, or adult video store - means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of any one or more of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas

b. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

3. Adult booth - means any area of a sexually oriented business set off from the remainder of such establishments by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult material (visual or other representations intended for individuals aged eighteen (18) and older) or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

4. Adult cabaret - means a nightclub, bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

a. Persons who appear nude or in a state of nudity or semi-nude;

b. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

c. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

5. Adult motel - means a motel, hotel or similar commercial establishment which:

a. Offers public accommodations, for any form of consideration, which 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 sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

b. Offers a sleeping room for rent for a period of time less than ten (10) hours; or

c. Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) hours.

6. Adult motion picture theater - means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

7. Adult theatre - means theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.

8. Escort - means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

9. Escort agency - means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

10. Massage parlor - means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

11. Sexual encounter establishment - means a business or commercial establishment, that as one of its primary business purposes offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one or more of the persons is in a state of nudity or semi-nude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

12. Adult material - means any of the following, whether new or used:

a. Books, magazines, periodicals, or other printed matter, or digitally-stored materials; or

b. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

c. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.

13. Employee - means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

14. Establishment - means and includes any of the following:

a. The opening or commencement of any such business as a new business;
b. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

c. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or

d. The relocation of any such sexually oriented business.

15. Nudity or state of nudity means:

a. The appearance of the human anal cleft, anus, male genitals, female genitals, or the areola or nipple of the female breast; or

b. A state of dress which fails to opaquely and fully cover the human anal cleft, anus, male or female genitals, pubic region or areola or nipple of the female breast.

16. Operator - means and includes the owner, permit holder, custodian, manager, operator or person in charge of any premises.

17. Person - means an individual, proprietorship, partnership, corporation, association, or other legal entity.

18. Semi-nude - means a state of dress in which clothing covers no more than the genitals, pubic region, anal cleft, anus, as well as portions of the body covered by supporting straps or devices.

19. Sexually oriented business - means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theatre, adult theater, massage parlor, sexual encounter establishment, or escort agency.

20. Specified anatomical areas - as used in this division means and includes any of the following:

a. Less than completely and opaquely covered human genitals, pubic region, the appearance of the anal cleft, anus, or areola or nipple of the female breast; or

b. Human male genitals in a discernibly turgid state of sexual arousal, even if completely and opaquely covered.

21. Specified sexual activities and/or sexual activity as used in this ordinance mean and include any of the following:

a. Sexual Contact. - The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breast for the purpose of sexually arousing or gratifying either person;

b. Sexual Conduct. - Vaginal intercourse between a male and a female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without the privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse;

c. Masturbation.

22. Straddle Dance. The use by any person, including specifically, but without limitation, a sexually oriented business employee or agent, of any part of his or her body to touch the genitals, pubic region, buttock, anal cleft, anus, or female breast of any sexually oriented business patron or any other person, or the touching of the genitals, pubic region, buttock, anal cleft, anus, or female breast or any person by any sexually oriented business patron. Conduct shall be a "straddle dance" regardless of whether the "touch" is direct or through a medium. Conduct commonly referred to by the slang terms "lap dance," table dance," couch dance," and "face dance" shall be included within this definition of straddle dance.

(3) Regulations Applicable To All Sexually Oriented Businesses.

(a) General Compliance.

All sexually oriented businesses shall comply with the provisions of this ordinance, all other applicable City ordinances, resolutions, rules, and regulations, and all other applicable Federal, State, and Local Laws dealing with but not exclusively public nuisances, sexual conduct, lewdness or obscene or harmful matter in exhibition or public display thereof.

(b) Hours of Operation.

No sexually oriented business shall be open for business between the hours of 2:00 a.m. and 9:00 a.m.

(c) Restrooms.

All restrooms in sexually oriented businesses shall comply with Chapter 30.01(4) of the Stevens Point Revised Municipal Code (hereinafter "Municipal Code") and those adopted provisions stated by reference. No adult materials or specified sexual activity or performance shall be provided or allowed at any time in the restrooms of a sexually oriented business. Separate male and female restrooms shall be provided for and used by sexually oriented business employees and patrons.

(d) Restricted Access.

No sexually oriented business patron shall be permitted at any time to enter into any of the non-public portions of any sexually oriented business, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of sexually oriented business employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the sexually oriented business premises; provided, however, that any such persons shall remain in such non-public areas only for the purposes and to the extent and time necessary to perform their job duties.

(e) Specific Prohibited Acts.

1. No sexually oriented business shall be located within seven-hundred fifty (750) feet of an establishment licensed as a Class B premise (as defined in Chapter 12 Section 12.14 of the Municipal Code) to sell alcohol or dispense fermented malt beverages or intoxicating liquor.

2. No sexually oriented business patron or any other person at any sexually oriented business, other than a sexually oriented business employee employed to provide adult entertainment in accordance with the regulations in this ordinance, shall appear, be present, or perform while nude or semi-nude.

3. No sexually oriented employee or agent shall appear, be present, or perform while in a state of nudity.

4. No sexually oriented business employee or any other person at any sexually oriented business shall perform or conduct any specified sexual activity with or for any sexually oriented business patron or any other sexually oriented business employee or any other person. No sexually oriented business patron or any other person at any sexually oriented business shall perform or conduct any specified sexual activity with or for any sexually oriented business employee or any other sexually oriented business patron or any other person.

(f) Straddle Dance.

Straddle dances shall be prohibited at all sexually oriented business establishments.

(g) Exterior Display.

No sexually oriented business shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot on which the sexually oriented business is located. No portion of the exterior of a sexually oriented business shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner that describe, present or represent a specified sexual activity or specified anatomical part, except to the extent specifically allowed pursuant to Subsection (H) of this Section with regards to signs. This subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show, and to any window, door, or other opening.

(h) Signage Limitations.

All signs of sexually oriented businesses shall comply with, specifically but not limited to, Chapter 25 of the Municipal Code. Signs otherwise permitted pursuant to this Ordinance shall contain only:

1. The name of the sexually oriented business and/or;

2. The specific type of sexually oriented business conducted on the premises.

(i) Noise.

1. No loudspeakers or sound equipment audible beyond the sexually oriented business's premises shall be used at any time.

(j) Manager's Station.

Each sexually oriented business shall have one or more manager's stations. The interior of each sexually oriented business shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one manager's station to every part of each area, except restrooms, of the premise's interior to which any sexually oriented business patron is permitted access for any purpose.

(k) Information Posting - Main Entrance.

The operator of sexually oriented business shall ensure there are conspicuously displayed at a place near the main entrance of the establishment, or portion thereof, any information, brochures, or pamphlets supplied by the Health Department pertaining to sexually transmitted diseases, including HIV/AIDS.

(l) Information Charges.

The Health Department shall charge its reasonable costs for supplying such posters, brochures, pamphlets, and other information supplied under this section.

(m) Security.

During live performances, where fifty (50) or more patrons are expected or present, an operator shall ensure there is adequate and readily identifiable security personnel stationed near any room where performers dress or change clothing.

(n) Age Limitations.

No person under the age of eighteen (18) shall be allowed to enter, remain, or be employed on the premises of a sexually oriented business, nor be permitted to purchase or receive, whether for consideration or not, any sexually oriented material/adult material or other goods or services at or from any sexually oriented business.

(o) Loitering and Exterior Lighting and Monitoring. It shall be the duty of the operator to:

1. Not allow customers, patrons, or visitors to stand idly by in the premises of any sexually oriented business;

2. Initiate and enforce a no loitering policy within the external boundaries of the real property upon which the sexually oriented businesses are located;

3. Post conspicuous signs stating that no loitering is permitted on such property;

4. Designate one or more employees to monitor the activities of persons on the premise by visually inspecting such property at least once every 30 minutes or inspecting such property by use of video cameras and monitors; and

5. Provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. Monitoring of the exterior of the premises shall be done continuously at all times that the premises are open for business.

6. It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

(4) Special Regulations for Adult Cabarets.

(a) General Requirements.

A sexually oriented business that regularly features persons who appear in a state of semi-nudity or live performances that are characterized by specified sexual activities shall be operated in accordance with the following regulations. It is unlawful for an adult cabaret operator to knowingly fail to ensure compliance with the regulations of this subsection and encompassing chapter.

(b) Performance Area.

A person shall not appear in a state of semi-nudity or engage in a live performance which is characterized by specified sexual activities except upon designated stages or platforms permanently anchored to the floor (a "cabaret stage"). Each cabaret stage shall be elevated above the level of, and separate from, the patron seating areas. Each cabaret stage shall be elevated at least twenty-four (24) inches above floor level. All parts of the cabaret stage, or a clearly designated area thereof within which the adult cabaret employee or agent appears in a state of semi-nudity or performs, shall be a distance of at least sixty (60) inches from all areas of the premises to which patrons have access. A continuous barrier or railing, the top of which is at least forty-two (42) inches measured from the cabaret stage floor, shall separate each cabaret stage from all patron seating areas.

1. Prohibition.

a. No adult cabaret patron shall be allowed at any time on a cabaret stage.

(c) Prohibited Acts.

An adult cabaret employee or agent may not have sexual contact or engage in sexual conduct with a patron, nor may a patron have sexual contact or engage in sexual conduct with an employee or agent. A patron shall not place any money or consideration on the person or in or on the costume of an employee or agent of the sexually oriented business.

(d) Lighting.

1. Sufficient lighting shall be provided and equally distributed throughout the public areas of the adult cabaret premise so that all objects are plainly visible at all times. A minimum lighting level of not less than ten (10) foot candles of light shall be maintained by the operator of the adult cabaret in all areas of the adult cabaret where patrons are admitted.

(e) Tipping.

1. No adult cabaret patron shall offer, and no adult cabaret employee or agent performing on any cabaret stage shall accept, any form of tip or gratuity offered directly or personally to the employee or agent by the patron. Rather, all tips and gratuities for adult cabaret employees performing on any cabaret stage shall be placed into a receptacle provided for receipt of such tips and gratuities by the adult cabaret business.

(f) Notice of Select Rules.

A sign at least two feet by two feet, with letters at least one (1) inch high shall be conspicuously displayed on or adjacent to every cabaret stage stating the following:

1. THIS ADULT CABARET IS REGULATED BY THE CITY OF STEVENS POINT. ENTERTAINERS ARE:

2. NOT PERMITTED TO ENGAGE IN ANY TYPE OF PHYSICAL SEXUAL CONTACT WITH PATRONS OR OTHER INDIVIDUALS.

3. NOT PERMITTED TO ACCEPT ANY TIPS DIRECTLY OR PERSONALLY FROM PATRONS. ANY SUCH TIPS MUST BE PLACED INTO THE RECEPTACLE PROVIDED BY MANAGEMENT.

4. NOT PERMITTED TO APPEAR, BE PRESENT, OR PERFORM IN A STATE OF NUDITY.

(g) Age Limitations.

No adult cabaret employee or agent or patron at an adult cabaret or on premises used therefore shall be under the age of eighteen (18).

(5) Special Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos.

(a) Duties.

1. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room(s) of less than one-hundred (100) square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

a. An operator shall provide the City Building Inspection Department a diagram of the premises showing the location of all manager's stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain video reproduction equipment. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. If and when the diagram becomes outdated due to interior changes of the above-mentioned configurations, the operator shall notify the City Building Inspector of the change and provide an appropriate addendum to the diagram.

2. It shall be the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the diagram filed pursuant to paragraph (A)(1) of this section.

3. Interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illuminate of not less than ten (10) foot candle as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied or open for business.

4. It shall be the duty of the operator, and of any employees present on the premises, to ensure that no sexual activity or sexual conduct occurs in or on the premises between patrons, between patrons and employees/operator or by any of the same individually.

5. It shall be the duty of the operator, and of any employees present on the premises, to ensure that not more than one person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person.

6. It shall be the duty of the operator, or of any employee who discovers two or more patrons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing rooms, to immediately escort such persons from the premises.

7. It shall be the duty of the operator, or of any employee, who discovers an opening of any kind between viewing rooms to immediately secure such rooms, and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repairing the openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction.

8. It shall be the duty of the operator, during each business day, to regularly inspect the walls between viewing rooms for openings of any kind.

9. It shall be the duty of the operator, and of any employee on the premises, to initiate and enforce a no loitering policy in all viewing rooms, cubicles or booth enclosures.
10. It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business, stating all of the following on each sign, in at least one (1) inch lettering:

a. NO LOITERING IS PERMITTED IN VIEWING ROOMS;
b. THE OCCUPANCY OF VIEWING ROOMS IS LIMITED TO ONE PERSON;
c. SEXUAL ACTIVITY OR SEXUAL CONDUCT ON THE PREMISES IS PROHIBITED;

d. THE MAKING OF OPENINGS BETWEEN VIEWING ROOMS IS PROHIBITED;

e. VIOLATORS WILL BE REQUIRED TO LEAVE THE PREMISES;

f. VIOLATIONS OF THESE SUBSECTIONS 10 (A) - (E) ARE UNLAWFUL;

11. Each viewing room, booth or cubicle shall meet the following construction requirements:

a. Floor coverings in viewing rooms shall be nonporous, easily cleanable surfaces, with no rugs or carpeting;

b. Wall surfaces and seating surfaces in viewing rooms, or any room or area providing patron privacy is constructed of, or permanently covered by nonporous easily cleanable material;

c. Seating within a viewing room shall be designed to accommodate only one person;

d. Viewing rooms, booths or cubicles shall be separated from adjacent booths, rooms or cubicles and any non-public areas by a wall not less than six (6) feet high;

e. Have at least one (1) side totally open to a public lighted aisle and unobstructed by any door, lock or other control-type devices, so that there is an unobstructed view from a manager's station at all times anyone is occupying a booth, room, or cubicle.

f. The lighting level shall be a minimum of ten (10) foot candles at all times, as measured from the floor. If a lesser level of illumination in the aisles is necessary to enable a patron to view the adult entertainment in a booth, room, or cubicle adjoining an aisle, a lesser amount of illumination my 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.

g. It shall be the duty of the operator to ensure that premises are clean and sanitary at all times.

h. The operator shall ensure there are conspicuously posted inside each booth, cubicle or viewing room an unmutilated and undefaced sign, poster or equivalent supplied by the Health Department which contains information regarding sexually transmitted diseases, and the telephone numbers from which additional information can be sought.

i. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises, including the interior of each viewing room but excluding restroom interiors, to which any patron is permitted access for any purpose. A manager's station shall not exceed 32 square feet of floor area. If the premises has two or more manager's stations designated, then the interior shall be configured in such a manner that there is an unobstructed view from at least one (1) of the manager stations of each area of the premises to which any patron is permitted access. The view required in this paragraph must be by direct line of sight from the manager's stations. It is the duty of the operator to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is on the premises.


j. The operator shall ensure posted regulations concerning booth, cubicle or viewing room occupancy are labeled on signs, with lettering at least one (1) inch high, placed in conspicuous areas of the premise and in each of the viewing, booth, or cubicle enclosures.

1). The Health Department shall charge its reasonable costs for supplying such posters, brochures, pamphlets, and other information supplied under this section.

k. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises to ensure that the view area from a manager's station, as specified in paragraph eleven (11) i. above, remains unobstructed at all times by any doors, walls, merchandise, display racks, or other materials or enclosures at all times that any patron is present on the premises.
l. It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

(6) Special Regulations For Adult Novelty Stores.

(a) Age Limitations.

1. No sexually oriented business employee or patron at an adult novelty store shall be under the age of eighteen (18).

2. No person under the age of eighteen (18) shall be admitted to any adult novelty store.

3. No person under the age of eighteen (18) shall be allowed or permitted to remain in any adult store.

4. No person under the age of eighteen (18) shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult novelty store.

(7) Special Regulations for Adult Motels.

(a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours (10) creates a rebuttable presumption that the establishment is an adult motel as the term is defined in this chapter.

(b) It shall be unlawful for a person who is in control of a sleeping room in a hotel, motel, or similar commercial establishment to rent or subrent a sleeping room to a person and within ten hours (10) from the time the room is rented, rent or subrent the same sleeping room again.

(c) For the purposes of subsection (B) of this section, the terms "rent" or "subrent" mean the act or permitting a room to be occupied for any form of consideration.

(8) Special Regulations for Adult Theaters.

(a) Seating.

Each adult theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms and not on couches, benches, or any other multiple person seating structures. The number of seats shall not exceed the maximum number of persons allowed to occupy the adult theater.

(b) Aisle.

Each adult theater shall have a continuous main aisle alongside the seating area in order that each person seated in the adult theater shall be visible from the aisle at all times.

(c) Sign.

Each adult theater operator shall post a conspicuous sign located at or near the main entrance of the adult theater that lists the maximum number of person who may occupy the theater at any one time, and this number shall not exceed the number of seats in the auditorium or viewing area of the adult theater.

(9) Nuisance Declared.

(a) Any sexually oriented business established, operated, or maintained in violation of any the provisions or requirements of this ordinance shall be declared to be unlawful and a public nuisance. The City may, in addition to or in lieu of any other remedies set forth in this ordinance or the City's Municipal Code, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person(s) from establishing, operating, or maintaining a sexually oriented business contrary to the provisions of this ordinance.

(10) Penalty.

(a) Any person who violates, or knowingly allows or permits any violation of, any provision of this ordinance, shall be subject to a forfeiture of not less than $100.00 and not more than $1000.00 per violation. Failure or refusal to pay a forfeiture may result in imprisonment for a period of not more than twenty five (25) days for each offense.

A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues.

(11) Severability.

(a) If a court of competent jurisdiction deems any provision of this ordinance invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions of the same. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of 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 the court's decision, portions remaining in the ordinance shall retain the full force and effect thereof.

The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.

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