Madison, WI Header
File #: 04197    Version: 1 Name: 11/6? adult book store
Type: Ordinance Status: Filed
File created: 7/20/2006 In control: PLAN COMMISSION
On agenda: 10/6/2009 Final action: 10/6/2009
Enactment date: Enactment #:
Title: Amending Sections 9.05(1) and 28.03(2) of the Madison General Ordinances to modify the definitions of "adult book or video store" to include reference to sexual paraphernalia and devices.
Sponsors: Tim Bruer
Attachments: 1. 04197 public hearing mailing.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
10/6/20091 COMMON COUNCIL Place On File Without PrejudicePass Action details Meeting details Not available
9/14/20091 PLAN COMMISSION RECOMMEND TO COUNCIL TO PLACE ON FILE WITHOUT PREJUDICE -RECESSED PUBLIC HEARINGPass Action details Meeting details Not available
9/5/20061 COMMON COUNCIL Re-refer for Recessed Public HearingPass Action details Meeting details Not available
8/21/20061 PLAN COMMISSION RECOMMEND TO COUNCIL TO RE-REFER - PUBLIC HEARINGPass Action details Meeting details Not available
7/24/20061 Finance Dept/Approval Group Approved Fiscal Note By The Comptroller's Office (AFTER CC INTRO)  Action details Meeting details Not available
7/20/20061 Attorney's Office/Approval Group Approved As To Form  Action details Meeting details Not available
7/20/20061 Attorney's Office Fiscal Note Required / Approval  Action details Meeting details Not available
7/18/20061 COMMON COUNCIL Refer For Public HearingPass Action details Meeting details Not available
Fiscal Note
Establishments operating as Adult Entertainment stores must obtain a $600 permit from the City Clerk. There are currently three permitted establishments; this Ordinance may result in an increase in the number of establishments for which a permit is required, therefore resulting in a modest increase in General Fund revenues.
Title
Amending Sections 9.05(1) and 28.03(2) of the Madison General Ordinances to modify the definitions of "adult book or video store" to include reference to sexual paraphernalia and devices.
Body
DRAFTER'S ANALYSIS: Under current ordinances, an establishment must devote ten percent (10%) or more of its floor space to the sale of adult materials before it is required to obtain an adult entertainment establishment license, or be subject to the zoning rules for an adult entertainment establishment. Adult materials under current law are limited to books, films, magazines, and other visual matters. This amendment adds physical devices and paraphernalia to the definition of adult materials. Thus, in calculating whether the ten percent (10%) threshold is met under this amendment, additional adult materials would be covered in the calculation, meaning more stores may qualify as adult entertainment establishments.
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The Common Council of the City of Madison do hereby ordain as follows:

1. Subsection (1) entitled "Definitions" of Section 9.05 entitled "Adult Entertainment Establishments and Adult Entertainment Taverns" of the Madison General Ordinances is amended by amending therein the following:

" Adult Book or Video Store. An adult book store is an establishment which is used for selling, renting or loaning, for monetary consideration, the following materials, when such activity constitutes a substantial or significant part of the business conducted therein:
1. Any pictures, photographs, drawings, motion picture films or similar vi...

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