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

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

Key Facts

Governing section
New Berlin Code § 152-17
License scope
One fixed location per license, nontransferable
Application review
Police Chief investigation, 21-day decision
Booth lighting
10 footcandles idle, 1 footcandle in aisles
Penalty cap
Fine up to $1,000 per offense
Reapplication bar
1 yr operator, 6 mo location after revocation

Summary

New Berlin requires any adult bookstore, adult cabaret, or adult motion-picture theater to hold a city license before opening. Under Code Section 152-17, the license covers only one fixed location, the Chief of Police investigates every applicant, and violators face a fine up to $1,000 plus revocation of the operator's license.

B.License.(1)Except as provided in Subsection B(4) below, from and after the effective date of this section, no adult-oriented establishment shall be operated or maintained in the City without first obtaining a license to operate issued by the City.(2)A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person who desires to operate more than one adult-oriented establishment must have a license for each. ... M.Penalties and prosecution.(1)Any person who is found to have violated this section shall be fined a definite sum not exceeding $1,000 and the operator's license shall be subject to revocation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

Section 152-17 defines adult-oriented establishments to include adult bookstores, adult cabarets, and adult mini or full motion-picture theaters showing material dominated by specified sexual activities or specified anatomical areas. No such business may operate without a City-issued license, one license per fixed location, and licenses cannot be transferred. Existing businesses at the time the section passed had 90 days to apply or had to close. Applicants file in triplicate with the City Clerk, who refers the application to the Police Chief for investigation of every partner, officer, or 5%-plus shareholder; the Clerk must grant or deny within 21 days, and a denied applicant can request a hearing before the Council within ten days.

Every listed individual must be at least 18 and have no violation of this section within the preceding five years. Private viewing booths must be fully open on one side to a lighted public aisle, walled floor-to-ceiling with light-colored, cleanable surfaces, hold only one occupant, and carry a minimum of ten footcandles of light when idle; public aisles must stay lit to at least one footcandle at minimum. Licenses run one year and are subject to Chapter 227, Wis. contested-case procedures for denial, renewal, or revocation review. Schools are exempt for sex-education instruction.

Violations & Fines

A violator is fined a definite sum not exceeding $1,000 per offense, and each day a violation continues, or each day it is not resolved, counts as a separate offense. The operator's license is also subject to revocation for the same conduct. A revoked license bars the operator from any new license for one year, and the same location cannot be relicensed for adult-entertainment use for six months. Police inspectors may enter the premises at any reasonable time to enforce the section.

Frequently Asked Questions

Can one adult-entertainment license cover more than one New Berlin location?
No. Section 152-17 states a license may be issued only for one adult-oriented establishment at a fixed and certain place, so a business with more than one location needs a separate license for each.
What lighting is required inside a private viewing booth?
Each booth must have at least ten footcandles of light when not in use, measured from the floor, and adjoining public aisles must keep at least one footcandle of illumination even when dimmed for viewing.
How soon can a revoked adult-entertainment license be reissued?
The operator cannot receive a new license for one year from the date of revocation, and the specific location cannot be used as an adult-oriented establishment again for six months, regardless of who the operator is.

Sources & Official References

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