Number
091671
Version
ORIGINAL
Reference
Sponsor
ALD. ZIELINSKI
Title
An ordinance relating to definition of an adult retail establishment for zoning purposes.
Sections
295-201-15 am
295-203-5-n am
Analysis
Currently, the zoning code defines an "adult retail establishment" as an establishment in which 10 percent or more of the gross public floor area is devoted to adult materials or 10 percent or more of the stock-in-trade is adult materials. This ordinance reduces the threshold for classification of a business as an adult retail establishment from 10 percent of the gross public floor area or stock-in-trade to one percent.
Body
Whereas, Adult retail establishments are businesses in which a portion of the floor area or stock-in-trade is devoted to or consists of adult books, magazines, videos, CDs, DVDs and similar materials, which are characterized by an emphasis on matters depicting, describing or relating to sexual activities; and
Whereas, The Common Council finds that current zoning regulations, which allow up to 10 percent of a store's floor area or stock-in-trade to be devoted to adult materials before the store is classified as an adult retail establishment, do not adequately protect the public health, safety and welfare of Milwaukee residents, particularly children, and may also negatively impact the character, reputation and -- ultimately - the desirability and economic viability of commercial districts in the city; and
Whereas, The Common Council finds that a more appropriate maximum amount of gross floor area or stock-in-trade that may be devoted to adult materials before an establishment is classified as an adult retail establishment is one percent; and
Whereas, The Common Council finds that the health, safety and welfare of Milwaukee citizens could be best promoted, and the economic viability of Milwaukee's commercial districts best protected, by reducing the maximum percentage of gross floor area or stock-in-trade that may be devoted to adult materials from 10 percent to one percent; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-201-15 of the code is amended to read:
295-201. Definitions.
15. ADULT RETAIL ESTABLISHMENT means an establishment in which [[10]] >>one<< percent or more of the gross public floor area is devoted to, or [[10]] >>one<< percent or more of the stock-in-trade consists of, the following: books, magazines and other periodicals, movies, videotapes, compact discs, digital versatile discs, novelty items, games, greeting cards and other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation or sodomy, fondling or other erotic touching of human genitals (pubic region), buttocks or female breasts; or specified anatomical areas.
Part 2. Section 295-203-5-n of the code is amended to read:
295-203. Use Definitions.
5. COMMERCIAL AND OFFICE USES.
n. "Adult retail establishment" means an establishment in which [[10]] >>one<< percent or more of the gross public floor area is devoted to, or [[10]] >>10<< percent or more of the stock-in-trade consists of, the following: books, magazines and other periodicals, movies, videotapes, compact discs, digital versatile discs, novelty items, games, greeting cards and other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation or sodomy, fondling or other erotic touching of human genitals (pubic region), buttocks or female breasts; or specified anatomical areas.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
__________________________
Office of the City Attorney
Date:______________________
Requestor
Drafter
LRB10154-1
JDO
04/13/2010
04/28/10 -- Clerical Correction -- tb