New Berlin, WI Business Licensing & Operations: Adult Entertainment (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.
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?
What lighting is required inside a private viewing booth?
How soon can a revoked adult-entertainment license be reissued?
Sources & Official References
Other rules in New Berlin
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Adult Entertainment in Nearby Cities
How other cities in Waukesha County handle adult entertainment.