City of Muskego, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Muskego as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Special events — See Ch. 305.
[Adopted 12-23-1964 by Ord. No. 1 as §§ 12.04 and 12.14 of the 1964 Code]
As used in this article, the following terms shall have the meanings indicated:
PUBLIC DANCE HALL or PUBLIC BALLROOM
Any room, place or space at which a public dance or ball may be held, or any premises licensed for the sale of fermented malt beverages or intoxicating liquor where dancing by the public is conducted or permitted, or a hall or academy in which classes in dancing are held and instructions in dancing given for hire, except bona fide instruction in dancing given to children not over 17 years of age.
PUBLIC DANCE or PUBLIC BALL
Any dance or ball to which admission can be had by the public generally upon payment of a fee or by the purchase, possession or presentation of a ticket or token, or in which a charge is made for caring for clothing or other property; or any other dance to which the public generally without any restriction may gain admission with or without payment of a fee; or any dance operated for profit; or any dance or dancing conducted or permitted upon any premises licensed for the sale of fermented malt beverages or intoxicating liquor, whether or not any charge is made therefor.
[Amended 12-18-1997 by Ord. No. 584[1]]
A. 
No person shall hold any public dance or public ball within the City until the dance hall in which the same may be held shall first have been duly licensed for such purpose. The application for such license shall be filed with the City Clerk on the form supplied by the City Clerk.
B. 
All such applications shall be accompanied by the fee fixed by this article for such license. If such license is denied, such fee shall be returned.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Whenever any applicant for a license shall have complied with all the conditions and regulations herein contained relative to the filing of his application, the City Clerk shall forward such application to the Common Council at the next regular or special meeting. Such application shall be referred to the Finance Committee, which shall inspect the premises for which such license is applied for and report back to the Council, and thereupon such license shall be granted or denied by the Council. Upon the granting of any license, the same shall thereupon be issued by the City Clerk.
B. 
Each license granted hereunder shall expire on July 1, and the license shall be posted in a conspicuous place within the hall in which the dance is held.
C. 
The licensee shall comply with this article and any rules or regulations of the State of Wisconsin.
Nontransferable licenses for public dances shall be issued for the following four divisions or classifications, namely, Class "A" license, Class "B" or Class "C" and "special permit" license.
A. 
Class "A" license. A Class "A" license is required for the premises in which a public dance is held where a charge is made for admission or where admission is by means of the purchase, possession or presentation of a ticket or token or where the dance is advertised as such and where live music is employed to furnish the dance music.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Class "B" license. A Class "B" license is required when dancing is incidental to such other business conducted on the premises used for dancing and where no charge, either directly or indirectly, is made for admission, and such dancing is not advertised as such and no live music or musicians are employed to furnish the music for such dancing.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Class "C" license. A Class "C" license is required when a nonprofit, fraternal, church or school organization conducts a dance on any premises not holding a Class "A" or Class "B" license. A Class "C" license shall be subject to all other provisions of this article, with the exception that no fee shall be required to obtain a Class "C" license.
D. 
Special permit license. A special permit license may be granted to hold the number of public dances listed on the application in any structure or premises. Such special permit license shall be subject to all other provisions of this article, except that the requirement in § 136-3 above which requires Common Council and Finance Committee approval shall not apply if said application is for one public dance. The Finance Committee may grant and direct the Clerk-Treasurer to issue said special permit license for one public dance, except that if complaints are on file at the Police Department pertaining to the applicant, the Finance Committee shall submit the application to the Common Council for approval prior to granting the license.
[Amended 10-3-1996 by Ord. No. 905]
The following schedule of license fees for the four classes of dance hall license shall apply:
A. 
Class "A" license: established by resolution of the Common Council.
B. 
Class "B" license: established by resolution of the Common Council.
C. 
There shall be no fee for a Class "C" license.
D. 
Special permit: established by resolution of the Common Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No license for a public dance shall be issued until it shall be found that the hall complies with and conforms to all ordinances and health and fire regulations of the City and of the state, is properly ventilated and supplied with sufficient toilet conveniences, and is a safe and proper place for the purpose for which it is used.
B. 
All public dance halls shall be kept in a clean and sanitary condition. All stairways and outer passages and all rooms connected with the hall shall be kept open and well lighted. Any law enforcement officer may cause the dance hall to be vacated whenever any provision of this section is violated.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The license of any public dance hall may be revoked by the Council upon violation of this article.
The following rules and regulations shall govern the conduct, operation and management of all public dances:
A. 
No person who is the proprietor of any dance hall or who conducts, manages or is in charge of any dance shall permit the use of intoxicating liquor in violation of law, the presence of intoxicated persons, or the presence of any children of 17 years of age or under unaccompanied by their parent or lawful guardian. If the premises is licensed for alcohol, the presence of any persons 20 years of age or under unaccompanied by their parent or lawful guardian is prohibited.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
No live music shall be furnished or played during the hours the premises is required to be closed. In the event of a conflict between the state law and City ordinances applicable to closing hours, the state law shall apply.
[Amended by Ord. No. 122]
C. 
Idlers or loiterers shall not be permitted to remain either in a public dance hall or on the premises on which it is situated.
All fees for licenses as provided in this article shall be paid to the City Treasurer and retained by the City for the administration, execution and enforcement of this article.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Code.
[Adopted 11-5-1998 by Ord. No. 972 (§§ 12.07 and 12.14 of the 1964 Code)]
No person shall operate any amusement device in any place of business without a license from the Clerk-Treasurer.
As used in this article, the following terms shall have the meanings indicated:
AMUSEMENT DEVICE
Includes:
A. 
Pool (billiard) table.
B. 
Bowling lane.
C. 
Indoor skating rink.
D. 
Coin-operated amusement device, including but not limited to:
(1) 
Mechanical game.
(2) 
Electronic game.
(3) 
Jukebox.
(4) 
Dart game.
(5) 
Crane device.
The license fee for each amusement device shall be established by resolution of the Common Council.
Applications for licenses hereunder shall be made to the Clerk-Treasurer on a form provided by the Clerk-Treasurer.
Any license issued hereunder shall expire on June 30.
Any license issued hereunder shall be posted in a conspicuous place on the premises where the licensed device is located.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Code.