[Adopted 8-23-1999 by Ord. No. 92]
A.
The Village Board of the Village of Clyman has explicit authority
under § 125.10(1), Wis. Stats., to adopt regulations governing
the sale of alcohol beverages which are in addition to those set forth
in Ch. 125, Wis. Stats.; and
B.
The Village Board has authority under its general police powers set
forth in the Wisconsin Statutes to act for the good order of the municipality
and for the health, safety and welfare of the public; and may carry
out its powers by regulation and suppression; and
C.
The Village Board recognizes it lacks authority to regulate obscenity
in light of § 66.0107(3), Wis. Stats., and does not intend
by adopting this article to regulate obscenity, since nudity in and
of itself is not obscene, it declares its intent to enact an ordinance
addressing the secondary effects of live, totally nude, nonobscene,
erotic dancing in bars and taverns; and
D.
Bars and taverns featuring live totally nude, nonobscene, erotic
dancing have in other communities tended to further the increase of
criminal and other offensive activity, to disrupt the peace and order
of the communities, to depreciate the value of real property, to harm
the economic welfare of the communities and to negatively affect the
quality of life of the communities; and such secondary effects are
detrimental to the public health, safety and general welfare of citizens;
and
E.
The Village Board recognizes the United States Supreme Court has
held that nude dancing is expressive conduct within the outer perimeters
of the First Amendment to the United States Constitution and therefore
entitled to some limited protection under the First Amendment, and
the governing body further recognizes that freedom of speech is among
our most precious and highly protected rights, and wishes to act consistently
with full protection of those rights; and
F.
However, the Village Board is aware, based on the experiences of
other communities, that bars and taverns in which live, totally nude,
nonobscene, erotic dancing occurs may and do generate secondary effects
which the governing body believes are detrimental to the public health,
safety and welfare of the citizens of the Village of Clyman; and
G.
Among these secondary effects are:
(1)
The potential increase in prostitution and other sex-related offenses,
as well as other crimes and offenses;
(2)
The potential depreciation of property values in neighborhoods where
bars and taverns featuring nude dancing exist;
(3)
Health risks associated with the spread of sexually transmitted diseases;
and
(4)
The potential for infiltration by organized crime for the purpose
of unlawful conduct; and
H.
The Village Board desires to minimize, prevent and control these
adverse effects and thereby protect the health, safety and general
welfare of the citizens of the Village of Clyman; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of urban blight; and
I.
The Village Board has determined that enactment of an ordinance prohibiting
live, totally nude, nonobscene, erotic dancing in bars and taverns
licensed to serve alcohol beverages promotes the goal of minimizing,
preventing and controlling the negative secondary effects associated
with such activity.
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:
The provisions of this article does 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 of entertainment which is intended to provide sexual
stimulation or sexual gratification to such customers and where the
establishment is not distinguished by an emphasis on, or the advertising
or promotion of, employees engaging in nude erotic dancing.
As used in this article, the following terms shall have the
meanings indicated:
Any establishment licensed by the Village Board of the Village
of Clyman to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
The holder of a retail "Class A," "Class B," Class "B," Class
"A," or "Class C" licensee granted by the Village Board of the Village
of Clyman 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 pursuant to § 1-3. 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.
