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Fitchburg, WI Business Licensing & Operations: Adult Entertainment (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License required
Sec. 62-50, one location per license
Zoning district
B-H Highway Business, conditional use only
Buffer distance
1,320 feet from schools, parks, worship, day cares
Permitted hours
Closed 2 a.m.-6 a.m. weekdays, 2:30-6 a.m. weekends
First-offense forfeiture
$25.00 to $500.00

Summary

Fitchburg, Wisconsin requires a city license before anyone may operate an adult-oriented or adult entertainment establishment, and Dane County zoning has no say inside city limits. The zoning code confines these uses to the B-H Highway Business District and only as a conditional use, with a mandatory 1,320-foot buffer from schools, parks, places of worship, licensed day cares and other adult businesses.

No person may own, lease, rent, possess, operate, conduct, maintain, manage, permit, oversee in any capacity or manner, act as a principal or agent of any adult-oriented establishment or adult entertainment establishment, or use any real property or part thereof in the city for adult-oriented entertainment activities or as an adult-oriented entertainment establishment without first applying for, paying the fee for, being issued and holding a current and valid license required by this article. ... Adult entertainment establishments, as defined in section 62-19, Fitchburg Ordinances, provided there is a buffer of 1,320 feet, beginning from the property line of the adult entertainment establishment, between any other adult entertainment establishment, or any day care center that is licensed for eight or more children, any school, park, or place of worship.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).

Full Breakdown

City Code Chapter 62, Division 2 makes it unlawful to own, operate or manage an adult-oriented or adult entertainment establishment in Fitchburg without first applying for, paying for and holding a current license issued by the common council under Sec. 62-50. A license covers only one fixed location; anyone running more than one location needs a separate annual license for each, and no license or interest in one may be transferred person-to-person or place-to-place. Sec. 62-51 layers zoning on top of licensing: no licensed premises may be located or operated contrary to the zoning, distancing or land-use rules of Chapter 22, and if a licensed use becomes nonconforming, it loses that grandfathered status if more than one year passes after a license lapses or is revoked.

Chapter 22's B-H Highway Business District conditional-use list, Sec. 22-311(18), is the operative distancing rule: adult entertainment establishments are a conditional use only, and only where a 1,320-foot buffer separates the property line from any other adult entertainment establishment, any day care licensed for eight or more children, any school, park or place of worship. Applicants must submit a diagram showing the site meets all zoning and distancing requirements, and the police department, planning/zoning administrator, finance department, utility department and court clerk all review the application before the public safety and human services committee reports to the common council, which must approve by majority vote within roughly 45 days. m. on weekends (Sec. 62-129), and no minor may enter, be present on, or loiter near the premises (Sec. 62-127).

Violations & Fines

Operating without a license, in the wrong zoning district, inside the 1,320-foot buffer, or outside permitted hours is a forfeiture violation under Sec. 62-20, which sets the penalty at the general Sec. 1-21 schedule: not less than $25.00 nor more than $500.00 for a first offense, and $50.00 to $1,000.00 for repeat offenses within a year, plus prosecution costs. The common council may also hold a hearing to revoke, suspend or refuse to renew the license, and the city can seek injunctive relief against a licensee for the same violation.

Frequently Asked Questions

Can an adult entertainment business open anywhere in Fitchburg?
No. Sec. 22-311(18) allows it only as a conditional use in the B-H Highway Business District, and only with a 1,320-foot buffer from any school, park, place of worship, qualifying day care or other adult entertainment establishment measured from the property line.
Does a Dane County zoning permit substitute for a city license?
No. County zoning does not apply inside a city under Wisconsin law, so a Fitchburg license under Sec. 62-50 and zoning compliance under Sec. 62-51 are both required regardless of any county-level approval.
What hours can a licensed establishment stay open?
Sec. 62-129 bars operation between 2:00 a.m. and 6:00 a.m. Monday through Friday, and between 2:30 a.m. and 6:00 a.m. on Saturday and Sunday mornings, on top of the licensing and zoning requirements.

Sources & Official References

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