WHO NEEDS An establishment LICENSE?

Anyone who operates or maintains an adult-oriented establishment in the City of West Allis.  An adult-oriented establishment is defined as adult bookstores," "adult motion picture theaters," "adult mini-motion picture establishments" or "adult cabarets/adult entertainment.” Click here for the ordinance governing adult-oriented establishments. 

 Please note: A Public Entertainment Premise License may also be required along with an alcohol license if the operation includes the service of alcohol.

REQUIREMENTS

• No one under the age of 18 is allowed on the premises. 
• This license does not permit material or performances prohibited by sec. 944.21 of the Wisconsin Statutes. 
• No adult-oriented establishment shall be located: 
  • Within a residential district as defined in Chapter 12 of the West Allis Municipal Code.
  • Within five hundred (500) feet of an existing adult-oriented establishment.
  • Within five hundred (500) feet of any residential area.
  • Within five hundred (500) feet of any pre-existing school, church or day care center.
  • Within five hundred (500) feet of any pre-existing establishment licensed to sell or dispense fermented malt beverages or intoxicating liquor where such establishment also possesses an entertainment license under section 9.037.
• No adult-oriented establishment shall be open between the hours of 2 a.m. and 8 a.m., Monday through Friday, between the hours of 3 a.m. and 8 a.m. on Saturdays, or between the hours of 3 a.m. and 12:00 noon on Sundays.
• All adult-oriented establishments shall be open to inspection at all reasonable times by the West Allis Police Department, the Building Inspector and the Health Department.
• The operator shall maintain a register of all employees a period of one (1) year following termination of the employee and available for inspection by the Police Department.
• The operator shall maintain a register of all employees, with the name and aliases used by the employee, home address, age, birth date, sex, height, weight, color of hair and eyes, telephone numbers, date of employment and termination, and duties of each employee . The information on each employee should be maintained in the register on the premises for one (1) year following termination of the employee.

WHO NEEDS AN (establishment) operator's LICENSE?

All employees of adult bookstores in the City of West Allis.

REQUIREMENTS for both types of licenses

New license applicants must meet the following qualifications:

• The applicant shall be at least eighteen (18) years of age.  
• The applicant shall not have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application. 
• Subject to secs. 111.321, 111.322 and 111.335 of the Wisconsin Statutes, the applicant shall not have been convicted of any offense involving moral turpitude, prostitution, obscenity or other offense of a sexual nature in any jurisdiction within the five (5) years immediately preceding the date of the application, unless the person has been duly pardoned. 

FEES 

APPROVAL PROCESS

• Background Investigation - The West Allis Police Department will complete a background check.
• Common Council Review
  • Within sixty (60) days of receiving an application for a license, the Common Council shall grant or deny the license or hold the application for an additional thirty (30) days for further investigation. 
  • The City Clerk shall notify the applicant whether the application is granted, denied or held for further investigation. Such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the Common Council shall grant or deny the permit and the City Clerk shall advise the applicant in writing whether the application is granted or denied.
  • Whenever an application is held for further investigation, the City Clerk/Treasurer shall advise the applicant in writing of the reasons for such action. If an application is denied, the City Clerk/Treasurer shall advise the applicant in writing of the reasons therefor and that the applicant has the right to request that the Common Council review said determination, pursuant to sec. 9.28(17) of the West Allis Municipal Code.
  • Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any investigation required by this section shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof. 

MUNICIPAL CODE REFERENCE

APPLICATIONs

• Establishment License 
• Operator License (PDF)