[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:
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.
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.Â
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.Â
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.
A.Â
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.Â
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.Â
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.Â
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]
B.Â
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]
C.Â
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.Â
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.Â
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.Â
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]
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.Â
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]
B.Â
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.Â
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:
Includes:
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.
