A.
It shall be unlawful for any owner or operator of premises holding
a Class "A," "Class A," Class "B," or "Class B," or "Class C" alcohol
beverage license to permit any person to expose to public view on
the licensed premises any specified anatomical area as defined in
this chapter or to employ any device which is intended to give the
appearance of or simulate such specified anatomical areas or publicly
display or perform any specified sexual activities on the licensed
premises.
B.
Any licensee who permits a violation of Subsection A above shall be subject to revocation of all alcohol beverage licenses issued by the Village to the licensee.
C.
The purpose of this section is to combat the deleterious secondary
effects of such activity rather than to suppress the erotic content
of such conduct. Further, this section seeks to control only nonobscene
activities and those kinds of activities which would lead to deleterious
secondary effects.
A.
This section applies only to premises offering live performances by persons appearing in a state displaying some portions of specified anatomical areas not covered by fully opaque coverings. Appearance in public in a state of nudity is prohibited by § 106-3.
B.
No person shall open premises to the public offering live performances
by persons appearing in a state displaying some portions of specified
anatomical areas not covered by fully opaque coverings, whether such
persons are paid for such performance or not, unless the person opening
the premises has obtained a license from the Village Clerk-Treasurer.
A.
Application. Applications for an annual adult entertainment license
shall be made to the Village Clerk-Treasurer. The Village Clerk-Treasurer
shall notify the Police Department, Building Inspector, and Fire Inspector
of the license application, publish a Class 1 notice of such application
and have the license application submitted to the Village Board within
30 days of application. Investigating officials shall submit written
reports and recommendations to the Village Board. A public hearing
shall be held on the application, preceded by a Class 2 notice. The
Village Board may take any testimony regarding the granting or denial
of such license.
B.
Action. The Village Board shall either approve, modify or reject
the application; the reasons for the action taken shall be specified
in the written record of the Village Board.
C.
Probationary period. If license issuance is approved by a majority
of the Village Board, an initial applicant shall be granted a probationary
license by the Village Clerk-Treasurer. An annual license shall be
granted if, upon the expiration of the six-month probationary period,
no violations under this article occur and the applicant corrects
any deficiencies or problems that the applicant is directed to correct.
If, however, for any reason, the application is denied by the Village
Board, the Village Board shall specify the findings made that support
that denial.
D.
License term. The license granted under this article shall expire
on June 30 of each year, and each license shall be subject to revocation
as hereinafter provided.
E.
Form of license. The Village Clerk-Treasurer shall be responsible
for, following Village Board action, issuing all licenses under this
section. All such licenses shall specify the nature of the holder
and the license and the date for which it is applicable, as well as
any conditions that may be imposed by the Village. All such licenses
shall be open to public inspection and posted in public view on the
premises for which issued.
F.
Fee. All such license applications shall be accompanied by a license
fee as set by the Village Board. If for any reason the license is
denied, 1/2 of the license fee shall be returned to the applicant.
If the license is granted, the entire fee will be kept by the Village.[1]
G.
Number of licenses limited. No more than three annual adult entertainment
licenses, issued under this article, shall be issued to license holders
within the Village of Randolph at one time.
The holder of an annual license granted under this article shall submit an application for renewal at least 60 days before the expiration of the license. Such license may be renewed pursuant to the provisions of § 106-6 as that section applies to notice being given by the Village Clerk-Treasurer and provisions for publication and action by the Village Board.
Any license holder governed by this article shall comply with
the following regulations:
A.
No dancing shall be permitted by any performers under the auspices
of the management, whether paid or not, within six feet from any location
from which patrons are directly served, while so entertaining the
patrons.
C.
While dancing is in progress, the establishment shall be adequately
illuminated so as to permit safe ingress and egress from the premises.
D.
Good order shall be maintained at all times. Without limitation due
to enumeration, a lack of good order, for purposes of this article,
shall be deemed to include persistent loud noises to the annoyance
or detriment of surrounding property owners, patrons urinating in
public, profane language and/or fighting.
E.
The premises shall close and all patrons shall vacate the premises
between 12:00 midnight and 10:00 a.m., Sunday through Friday, and
12:00 midnight to 12:00 noon on Saturday.
F.
The license holder shall ensure that building capacity limits as
set by the Fire Department and/or Building Code are complied with
at all times.
G.
The license holder shall comply with all applicable state statutes
and regulations and all county and Village ordinances.
H.
The management, license holder and employees shall obey all reasonable
orders or directions of any law enforcement officer.
I.
The performance of any dance by performers under the auspices of
the management shall be given only on a raised portion of the floor
separated by a railing or other device from the patrons so as to deter
patrons from participating in the dance.
J.
No license holder, personally or through an agent or employee, shall
advertise, allow or produce nude entertainment or performances in
violation of this section or in violation of any Village ordinance
or state statute.
K.
The license holder shall not permit any person to publicly perform
specified sexual activities on the licensed premises.
L.
The licensee shall not permit any person to touch any performer's
specified anatomical areas during a public performance.
M.
The use of simulated sexual organs during dances or performances
is prohibited.
N.
No license holder shall permit any amateur dancing, entertainment,
or performances on the license holder's premises in violation
of this section or any applicable state or federal laws.
A.
No more than one of the adult establishments defined herein may be
established on any one parcel, and any of the adult establishments
defined herein shall be at least 1,000 feet from any other adult establishment.
No adult establishment shall be permitted within 500 feet of any establishment
serving alcohol beverages, within 1,000 feet of property zoned residential,
within 1,500 feet of any property zoned agricultural or within 2,000
feet of any school, library, church, park, playground, or day-care
facility.
B.
For purposes of this section, distances are to be measured in a straight
line, without regard to intervening structures or objects, from the
property line of the establishment licensed under this article to
the nearest property line of another establishment licensed under
this article, school, place of worship, residential district or business
holding an alcohol beverage license.
In addition to any other actions allowed by law or taken by
the Village Board, including the action of license revocation or nonrenewal,
anyone who violates any of the provisions of this article shall forfeit
not less than $250 but not more than $1,000 for each and every offense,
together with the costs of prosecution. If such forfeiture and costs
are not paid, such person so convicted shall be subject to any civil
penalties or other penalties available by law.
A.
In general. Any adult entertainment license granted herein may be
revoked, suspended, or not be renewed by the Village Board as follows:
(1)
If the applicant has made or recorded any statement required by this
article knowing it to be false or fraudulent or intentionally deceptive.
(2)
For the violation of any provision of this article, except for establishment
license matters involving a violation of building codes; in such case,
the license shall be revoked after the second conviction thereof in
any license year.
(3)
After one conviction of any establishment personnel of an offense
under Ch. 944, Wis. Stats., or of an offense against the person or
property of a patron of the property or of an offense involving a
substance included in Subchapter II of Ch. 961, Wis. Stats., where
there is shown the participation or knowledge of any other establishment
personnel or of any individual within the business structure of the
applicant.[1]
B.
Notice of hearing. No license shall be revoked, suspended, or not
renewed by the Village Board except upon due notice and hearing to
determine whether grounds for such action exist. Such hearing shall
be held before the Village Board. Notice of such hearing shall be
in writing and shall state the grounds of the complaint against the
licensee. The notice shall be served upon the licensee at least 15
days prior to the date of the hearing and shall state the time and
place thereof.
C.
Hearing. The licensee shall be entitled to be heard, to be represented
by counsel, to cross-examine opposing witnesses, and to present witnesses
on his or her own behalf under subpoena by the Village Board if such
is required, and the hearing may be stenographically recorded at the
licensee's option and expense. At the conclusion of such hearing,
the Village Board shall prepare findings of fact and conclusions of
law as to what, if any, action the Village Board will take with respect
to the license. The Board shall provide the complainant and licensee
with a copy of the report.
Any license granted under the provisions of this article shall be transferable in accordance with the procedure set forth in § 106-21.
