[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.
B. 
Any licensee who permits a violation of Subsection A above shall be subject to revocation of all alcohol beverage licenses issued by the Village to the licensee.
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.