[Adopted as Title 11, Ch. 7, Art. B, of the 2012 compilation
of ordinances, as amended through 5-22-2013]
A.
It shall be unlawful for any owner or operator of premises holding
a Class "A," "Class A," Class "B," or "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 § 420-24 of the Code.
B.
No person shall open premises to the public offering live performances
by persons appearing in a state 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 Village Board.
A.
Application. Applications for an annual adult entertainment license
shall be made to the Village Clerk-Treasurer. The Village Clerk-Treasurer
shall notify the Police Department, Building Inspector, and Fire Inspector
of the license application, publish a Class I notice of such application
and have the license application submitted to the Village Board within
30 days of application. Investigating officials shall submit written
reports and recommendations to the Village Board. A public hearing
shall be held on the application, preceded by a Class II notice. The
Village Board may take any testimony regarding the granting or denial
of such license.
B.
Action. The Village Board shall either approve, modify or reject
the application; the reasons for the action taken shall be specified
in the written record of the Village Board.
C.
Probationary period. If license issuance is approved by a majority
of the Village Board, an initial applicant shall be granted a probationary
license by the Village Clerk-Treasurer. 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 Village
Board, the Village Board 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 Village Clerk-Treasurer shall be responsible
for, following Village Board action, issuing all licenses under this
section. All such licenses shall specify the nature of the holder
of the license and the date for which it is applicable, as well as
any conditions that may be imposed by the Village. All such licenses
shall be open to public inspection and posted in public view on the
premises for which issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Fee. All such license applications shall be accompanied by an award
fee as determined by Village Board. 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 Village.
G.
Number of licenses limited. No more than three annual adult entertainment
licenses, issued under this article, shall be issued to license holders
within the Village of Winneconne at one time.
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. Such license may be renewed pursuant to the provisions of § 190-5 as that section applies to notice being given by the Village Clerk-Treasurer and provisions for publication and action by the Village Board.
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 physical contact with
any patron.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 midnight and 10:00 a.m. Sunday through Friday, and midnight
to 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 Village 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 Village 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 100 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 or within 500 feet of any business holding an alcohol
beverage license.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In addition to any other actions allowed by law or taken by the Village Board, including the action of license revocation, suspension or nonrenewal, anyone who violates any of the provisions of this article shall be punishable as set forth in § 1-3, General penalty, of the Code. If any forfeiture and costs are not paid, such person so convicted shall be subject to any civil penalties or other penalties available by law.
A.
In general. Any adult entertainment license granted herein may be
revoked, suspended, or not be renewed by the Village Board 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 building codes, in such 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 substance
included 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Notice of hearing. No license shall be revoked, suspended, or not
renewed by the Village Board except upon due notice and hearing to
determine whether grounds for such action exist. Such hearing shall
be held before the Village Board. 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, to present witnesses
on his or her own behalf under subpoena by the Village Board 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 Village Board shall prepare findings of fact and conclusions of
law as to what, if any, action the Village Board will take with respect
to the license. The Board shall provide the complainant and licensee
with a copy of the report.
Any license granted under the provisions of this article shall be transferable in accordance with the procedure set forth in § 190-20.
