A.
It shall be unlawful for any owner or operator of
premises holding a Class "A," "Class A," Class "B," "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.
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 § 175-3.
B.
No person shall open premises to the public offering live performances by persons appearing in a state of partial nudity 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 City Council pursuant to § 175-7 and is in full compliance with other City regulations, including zoning regulations.
C.
No person, employee, entertainer or patron shall be
permitted to have any physical contact with any entertainer on the
premises during any performance. All performances shall only occur
on a stage or on a table that is elevated at least 18 inches above
the immediate floor level and, to prevent actual physical contact
between the entertainer and any other person, employee or patron,
shall not be less than five feet from any area occupied by any patron.
Patrons shall not have any physical contact with, and shall not be
less than five feet from, any entertainer during the payment of a
tip or gratuity.
A.
Application. Applications for an annual adult entertainment
license shall be made to the City Administrator. The City Administrator
shall notify the Police Department and Fire Inspector of the license
application, publish a Class 1 notice of such application and have
the license application submitted to the City Council within 30 days
of application. Investigating officials shall submit written reports
and recommendations to the City Council. A public hearing shall be
held on the application, preceded by a Class 2 notice. The City Council
may take any testimony regarding the granting or denial of such license.
B.
Action. The City Council shall either approve, modify
or reject the application; the reasons for the action taken shall
be specified in the written record of the City Council.
C.
Probationary period. If license issuance is approved
by a majority of the City Council, an initial applicant shall be granted
a probationary license by the City Administrator. 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 City
Council, the City Council 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 City Administrator shall be responsible
for, following City Council 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 City. 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 fee as set by the City Council.[1] 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 City.
G.
Number of licenses limited. No more than three annual
adult entertainment licenses, issued under this article, shall be
issued within the City of Weyauwega at one time, and no more than
one license shall be issued to any one individual, partnership or
corporation.
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; failure to comply with this application schedule shall mean that the license shall lapse and any new application shall be reviewed as a new application. Such license may be renewed pursuant to the provisions of § 175-7 as that section applies to notice being given by the City Administrator and provisions for publication and action by the City Council.
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.
B.
No dancer, performer, or any individual who is performing,
singing, or dancing shall have either direct or indirect (i.e., lap
dancing) physical contact with any patron, in violation of § 944.36,
Wis. Stats.
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 City 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
City 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 establishment licensed under this article shall
permit any performance or entertainment governed by this article to
occur within 500 feet of any area zoned for residential, church, school,
nursing home, public park, or day-care center uses or other establishment
licensed under this article. No establishment licensed under this
article shall be located within 500 feet of any other establishment
licensed under this article, within 500 feet of any business holding
an alcohol beverage license, or as otherwise limited by the City's
Zoning Code.
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 adult-oriented establishment
to the nearest property line of another adult-oriented establishment,
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 City Council, including the action of license revocation or nonrenewal, anyone who violates any of the provisions of this article shall be subject to a forfeiture as prescribed by § 1-3 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. Citations may be issued to the license holder or to his/her employees, operators or agents.
A.
In general. Any adult entertainment license granted
herein may be revoked, suspended, or not be renewed by the City Council
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
zoning, property maintenance or building codes, in which 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 substances 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.
B.
Notice of hearing. No license shall be revoked, suspended,
or not renewed by the City Council except upon due notice and hearing
to determine whether grounds for such action exist. Such hearing shall
be held before the City Council. 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 City Council 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 City Council shall prepare findings of fact and
conclusions of law as to what, if any, action the City Council will
take with respect to the license. The City Council shall provide the
complainant and licensee with a copy of the report.
Any license granted under the provisions of
this article shall not be transferable. All license applications shall
be original or for a renewal.