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Home My WebLink About91-201 April 18, 1991 May 2, 1991 # 91-163 91-201 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND HIGH-RISK SEXUAL CONDUCT ESTABLISHMENTS REGULATIONS INITIATED BY: HEALTH DIVISION, DEPARTMENT OF COMMUNITY DEVELOPMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING ARTICLE V OF CHAPTER 15 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO HIGH-RISK SEXUAL CONDUCT WHEREAS , the Common Council for the City of Oshkosh previously adopted a comprehensive ordinance which regulates certain establishments which, by reason of the design and use of such premises, buildings or structures are conducive to the spread of communicable disease found to be of danger to persons frequenting such premises, buildings, structures or parts thereof and to the public health, safety and welfare of all persons in the community; and WHEREAS, since adoption of the ordinance, certain regulatory provisions were found to be potentially unduly restrictive but minor revisions would not inhibit the original purposes of the ordinance; Therefore, The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Article V/Section 15-37 of the Oshkosh Municipal Code pertaining to high risk sexual conduct is repeal and recr�ated to read as foll��f�s: ARTICLE V. HIGH RISK SEXUAL CONDUCT SECTION 15-37 HIGH RISK SEXUAL CONDUCT ESTABLISHMENTS (A) Definitions As used in this Article: (1) "Booths, stalls, partitioned portions of a room or individual rooms" shall mean such enclosures as are specifically offered to the public or members of that establishment for hire or for a fee as part of a business operated on the premises which offers as part of its business the entertainment to be viewed within the enclosure; which shall include, without limitation, such enclosures wherein the entertainment is dispensed - 5 - . ' April 18, 1991 91-163 Cont'd. May 2, 1991 91-201 for a fee, but a fee is not charged for mere access to the enclosure. (a) The phrase "booths, stalls, partitioned portions of a room or individual rooms" does not mean enclosures which are private offices used by the owners , managers , or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purposes of viewing entertainment for a fee, and which are not open or available to any persons other than owners , managers or employees. (2) "Doors, curtains or portal partitions" shall mean full, complete, nontransparent enclosure devices through which one cannot see or view the activity taking place within the enclosure. Such devices shall extend from the floor to a maximum height of six (6) feet above the floor, except doors controlling access to the enclosure which shall extend from a height of not less than two (2) feet above the floor to a maximum height of six (6) feet above the floor. (3) "High risk sexual conduct" shall mean fellatio, anal intercourse, and vaginal intercourse with persons who engage in sexual acts in exchange for money. (4) "Open to an adjacent public room so that the area inside is visible to persons in the adjacent public room" shall mean either the absence of any "door, curtain or portal partition" , the presence of a door or other device which is made of clear , transparent material such as glass, plexiglass or other such material meeting applicable building codes and safety standards, extending from the floor to the top of the door frame, exclusive of the door or device framing itself, or the presence of any door, curtain or portal partition, so that the activity inside the enclosure may be viewed or seen without obstruction or distortion by persons outside the enclosure. (B) Buildina Standards ( 1) No commercial building, structure , premises or subdivision, partition, portion or part thereof or facilities therein, shall be so constructed, used, designed or operated for the purpose of engaging in, or permitting persons to engage in, sexual activities which include high-risk sexual conduct. (2) No person, partnership, corporation or other entity - 6 - ' ' April 18, 1991 91-163 Cont'd. May 2, 1991 91-201 shall own, operate, manage, rent, lease, occupy, or exercise control of any commercial building, structure, premises, or portion or part thereof, which is subject to this Article, which does not meet the construction standards contained in this Article: (a) doors, curtains or portal partitions between subdivisions of a room, portion or part of a building, structure or premises shall be solid, without any openings which would otherwise facilitate or allow sexual activity including high risk sexual conduct between persons on either side of the partition. (b) booths, stalls, or partitioned portions of a room, or individual rooms , used for the viewing of entertainment (an "enclosure") , shall have at least one side open to an adjacent public, lighted room or aisle so that the area inside is visible to persons in the adjacent public room or aisle. Access to each enclosure when not in use shall be unrestricted by doors, locks or other control-type devices. The lighting level of each enclosure when not in use and of the adjacent public room or aisle shall be a minimum of 10 foot candles at all times. (c) All doors, curtains and portal partitions, walls and floors within the enclosure and the adjacent public room or aisle shall be light-colored, non- absorbent, smooth textured and easily cleanable. (C) OWNER/OPERATOR RESPONSIBILITIES (1) No person, partnership, corporation or other entity shall own, operate, manage, rent, lease, occupy, or exercise control of any such commercial building, structure, premises, or portion or part thereof, which is subject to this Article, unless: (a) there is conspicuously posted inside each booth, stall, partitioned portion of room or individual room an unmutilated and undefaced sign or poster supplied by the Division of Health which contains information regarding sexually transmitted diseases and the "hotline" telephone numbers from which additional information can be sought; and (b) there is conspicuously displayed at a place near the main entrance of the establishment , or portion thereof, any information, brochures, or pamphlets supplied by the Division of Health pertaining to sexually transmitted diseases; and - 7 - ' � ' April 18, 1991 91-163 Cont'd. May 2, 1991 91-201 (c) the premises are maintained in a clean and sanitary manner at all times; and (d) there is posted regulations concerning booth occupancy on signs, with lettering at least one inch high, that are placed in conspicuous areas of the establishment and in each of the viewing enclosures; and (e) such person, partnership, corporation or other entity, operator, licensee and employees of the establishment insure compliance of both the establishment and its patrons with the provisions of this Article at all times. (D) The Division shall charge its reasonable costs for supplying such posters, brochures, pamphlets and other information supplied under this Section. (E) PATRON RESPONSIBILITY ( 1) Any person who does any of the following shall be guilty of a violation of this Article and shall be subject to the penalties set forth in Article VI of this Chapter: (a) occupies an enclosure already occupied by another person, regardless of whether permission to enter has been given. (b) at any time engages in high risk sexual conduct or causes any bodily discharge or litter associated with sexual activity while in the enclosure. (c) removes, destroys, or defaces signs or posters, or who destroys or defaces the information , brochures, or pamphlets, whether supplied by the Health Division or posted by the owner/operator as required in subsection (C) above. (d) damages or defaces any portion of the enclosure. (F) EXCEPTIONS The standards set forth in this section shall not apply to buildings, structures and premises which are lawfully oper- ating as hotels, motels, apartment complexes, condominiums or rooming houses. (G) ENFORCEMENT AND APPLICABILITY It shall be the duty of the health officer or designee(s) to administer and enforce the provisions of this Article. Except as otherwise noted, the provisions of this Article shall apply to all commercial establishments, including existing ones, which offer such entertainment as described in sub. (A) (1) above. - 8 - • � April 18, 1991 91-163 Cont'd. May 2, 1991 91-201 (H) SEVERABILITY If any part of this ordinance, or any application thereof to any person, partnership corporation or other entity, or to any circumstance, is declared to be void, unconstitutional or invalid for any reason, such portion or provision, or the application thereof, shall be severed from this ordinance. The remaining portions and provisions of this ordinance, and all applications thereof shall remain in full force and effect. SECTION 2 . The captions, section headings, and section designations used in this ordinance are intended for convenience of usage only, and shall have no effect on the interpretation of the provisions of this ordinance. SECTION 3 . In the event a part or section of this ordinance is declared void, unconstitutional or invalid, the Common Council declares that portion or proscribed provision, or application thereof , was not an inducement to the enactment of this ordinance. SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication. r.----------- SLjbi;�IT7'EI) BY � �.. ��.--. _-- _�.__.�J._ ��-- . ��'�:�'1_,,,�^-�,/'j� '�i'�% �PP � �,D - 9 - c� � � � m � o0 � � �� Qa � �--� �-.. sv � . . �-+ o iy � �n. �� rn z p .. _+ r• S l0 D .. � p� (n r. � � lp•• �(L] 1 ' l� � � N -� O -DG � � l� � � � W m m o �o c-+� �• cn cn -v -� cn �� —I � � -n -n �� p �. r. pi cn (n � 'S �...� C (D A� N � X �-�'c+ A� C c'f � iC7 7C7 �• �--• fD CD O a iv � c") 0. 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