Village of Clayton, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Clayton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Peace and good order — See Ch. 370.

ARTICLE I
Offenses Involving Alcohol Beverages (§ 288-1 — § 288-2) 

ARTICLE II
Nude Dancing in Licensed Establishments (§ 288-3 — § 288-6) 

[Adopted 7-10-1995 as Title 9, Ch. 4, of the 1995 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 288-1
Outside consumption. 

§ 288-2
Adoption of standards by reference. 

A. 

Alcohol beverages in public areas.

(1) 

Regulations. It shall be unlawful for any person to sell, serve or give away, or offer to sell, serve or give away, any alcohol beverage upon any public street, sidewalk, alley, public parking lot, highway, cemetery or drives or other public area within the Village or on private property without the owner's consent, except at licensed premises. It shall be unlawful for any person to consume or have in his possession any open container containing alcohol beverages upon any public street, public sidewalk, public way, public alley or public parking lot within the Village except at licensed premises.

(2) 

Parks. It shall be unlawful for any person to drink or have in their possession any alcohol beverage in any Village park between the hours of 12:00 midnight and 6:00 a.m. except at licensed premises or in any public beach or playground area.

(3) 

Private property held out for public use. It shall be unlawful for any person to consume any alcohol beverages upon any private property held open for public use within the Village unless the property is specifically named as being part of a licensed premises.

(4) 

Leaving licensed premises with open container.

(a) 

It shall be unlawful for any licensee, permittee or operator to permit any patron to leave the licensed premises with an open container containing any alcohol beverage.

(b) 

It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcohol beverage.

(5) 

Picnic beer permits for parks.

(a) 

Except those groups authorized by the Village Board, it shall be unlawful for any group of persons which exceeds 20 to consume any alcohol beverages in any park areas without first obtaining a picnic beer permit from the Village. The picnic beer permits shall be issued by the Clerk-Treasurer with a copy of the permit sent to the Chief of Police.

(b) 

The sale of fermented malt beverages from remote sites, that is, other than the main point of sale facility, shall be prohibited after the hour of 9:00 p.m.

(6) 

Exceptions. The provisions of this section may be waived by the Village Board for duly authorized events.

B. 

Definitions. As used in this section, the following terms shall have the meanings indicated:

ALCOHOL BEVERAGE
Includes all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented, or not, and by whatever name called, as well as all liquors and liquids made by the alcoholic fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated or degerminated grains or sugar, which contain 1/2 of 1% or more of alcohol by volume and which are fit for use for beverage purposes.
PUBLIC AREA
Any location within the Village which is open to access to persons not requiring specific permission of the owner to be at such location, including all parking lots serving commercial establishments.
UNDERAGE PERSON
Any person under the legal drinking age as defined by the Wisconsin Statutes.

The provisions of Ch. 125, Wis. Stats., describing and defining regulations with respect to alcohol beverages, exclusive of any provisions thereof relating to the penalty to be imposed, are hereby adopted and made a part of this article by reference. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this article. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this article to secure uniform statewide regulation of alcoholic beverages.

[Adopted 5-3-1999 by Ord. No. 1999-1]

§ 288-3
Nude dancing in licensed establishments prohibited. 

§ 288-4
Exceptions. 

§ 288-5
Definitions. 

§ 288-6
Violations and penalties. 

It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in, any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:

A. 

Shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering;

B. 

Shows any portion of the female breast below a point immediately above the top of the areola; or

C. 

Shows the covered male genitals in a discernibly turgid state.

The provisions of this article do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

For purposes of this article, the term "licensed establishment" means any establishment licensed by the Village Board of the Village of Clayton to sell alcohol beverages pursuant to Ch. 125, Wis. Stats. The term "licensee" means the holder of a retail "Class A," "Class B," Class "B," Class "A" or "Class C" license granted by the Village Board of the Village of Clayton pursuant to Ch. 125, Wis. Stats.

Any person, partnership or corporation who violates any of the provisions of this article shall be subject to a forfeiture of not less than $250 and not more than $500 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this article constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.