11.030 Adult Entertainment Taverns.

(1) Definitions.

An adult entertainer is a person employed at an adult entertainment tavern to engage in a performance which is characterized by an emphasis on exposure to view of human genitals, pubic area or anus or a female’s vulva or breasts below the top of the areola, or an emphasis on acts of or acts which simulate sexual intercourse, masturbation, flagellation, erotic touching or any sexual acts prohibited by Wisconsin Statutes.

An adult entertainment tavern is any establishment licensed to sell alcohol beverages under MMC 11.010 which is used for presentations or service distinguished or characterized by an emphasis on exposure to view of human genitals, pubic area, buttocks or anus or a female’s vulva or breasts below the top of the areola, or an emphasis on acts of or acts which simulate sexual intercourse, masturbation, flagellation, erotic touching or any sexual acts prohibited by Wisconsin Statutes.

(2) License Required. No establishment licensed to sell alcohol beverages under MMC 11.010 shall be operated or conducted as an adult entertainment tavern without the holder of such alcohol beverage license first obtaining an adult entertainment tavern license, as provided herein.

(3) Issuance. The City Clerk shall issue an adult entertainment tavern license to any holder of a “Class B” alcohol beverage license upon application and receipt of an annual license fee of $1,000 for July 1st to June 30th provided the licensee’s building, structure, premises, or business within which the licensee is seeking to license the activities specified in this section is not located within 1,000 feet of any of the following:

(a) School, whether preschool, elementary, middle or high school, and whether public or private;

(b) Public library;

(c) Day care facility;

(d) Recreational facility;

(e) Place of worship;

(f) Church;

(g) Senior/elderly housing facility;

(h) Park or playground;

(i) Any other establishment licensed as a Class B tavern that sells intoxicating liquor.

The fee for a license for less than 12 months shall be prorated according to the number of months for which the license is issued. In addition, the Clerk shall issue a temporary adult entertainment license to any holder of a “Class B” alcohol beverage license for a period not to exceed seven consecutive days upon application and receipt of a temporary license fee of $150.00.

(4) Registration of Adult Entertainers. Any person desiring employment in the City of Manitowoc as an adult entertainer shall, before engaging in such employment, register with and pay a fee of $5.00 to the Manitowoc Police Department. No person under the age of 18 years shall be permitted to perform as an adult entertainer.

(5) Regulations. The license holder shall comply with the additional following conditions:

(a) No portion of the human genitals, pubic area, buttocks or anus, or a female’s vulva or breasts below the top of the areola of any entertainer or employee shall be visible from outside the licensed premises.

(b) There shall be posted at any public entrance to the premises a clearly visible sign stating “Adult Entertainment” or similar language advising potential patrons of the nature of the entertainment or employment practices of the establishment so far as they relate to nudity.

(c) There shall be no photograph or other visual representation depicting or displaying the genitals, pubic area, buttocks, or anus of any person of the vulva or breasts below the top of the areola of the female, or of any activity described in subsection (5)(f) or (g) of this section visible from outside the establishment.

(d) No employee of the adult entertainment establishment, while within 200 feet of the establishment, shall in any manner orally encourage or solicit any other person to come into the establishment.

(e) The adult entertainment tavern license shall be prominently displayed along with any license to sell alcohol beverages.

(f) No patron shall be permitted to touch any intimate parts, as described in Wis. Stat. § 939.22(19), of any employee or of any entertainer in the establishment.

(g) No entertainer or employee shall perform acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by the Wisconsin Statutes.

(h) The license holder shall not permit a performance by any adult entertainer who has not registered as required by subsection (4) of this section, nor shall the license holder permit any adult entertainment performance by any person under the age of 18 years. The performance of adult entertainment by an entertainer under the age of 18 years shall alone be grounds for nonrenewal or revocation of the licensee’s alcohol beverage license.

(6) Violations. Any person who shall violate the terms of this section shall be subject to a forfeiture of up to $500.00 per occurrence and, in addition thereto, any violation may be grounds for suspension or revocation of such person’s alcohol beverage license or licenses.

(7) Severability. The provisions of this section are severable. If any portion hereof or the application thereof to any person or circumstances is held invalid, the remaining provisions of this section shall not be affected thereby. It is the intent of the ordinance codified in this section that the same would have been adopted had any such invalid provisions not been included.

[Ord. 23-561 §§ 1, 2, 2023; Ord. 12-167 § 1, 2012; Ord. 07-719 § 2, 2008; Ord. 06-081 § 3, 2006. Prior code § 11.015]