[HISTORY: Adopted by the Village Board of the Village of Johnson
Creek 11-6-2003 by Ord. No. 30-03. Amendments
noted where applicable.]
The term "live entertainment," as used herein, shall include, but not
be limited to, all live action performances provided for customers, including,
but not limited to, live band and musical performances, comedy acts, dance
reviews and routines and other similar forms of entertainment.
No person, firm or corporation operating any Class B licensed premises
shall permit, allow or offer live entertainment for its customers without
first obtaining a Village cabaret license as provided hereinafter.
A.
Application for a cabaret license shall be filed with
the Village Clerk. Such application shall designate:
(1)
The specific premises intended to be licensed;
(2)
What experience, if any, applicant has had in operating
a similar type business, giving the dates and location of such operation;
(3)
Whether the applicant has been convicted of violating
any federal, state or local laws;
(4)
The name of the person or company owning the premises
for which an application is being filed;
(5)
Such other information as the Administrator may require.
A.
At the time of filing the application with the Village Clerk-Treasurer, the applicant shall also pay the license fee as provided in Chapter 33, Fees.
B.
The license fee may be prorated if issued after the 31st
day of December.
C.
License fees shall be refundable if the license application is denied or withdrawn before issuance; provided, however, in such cases the application fee as provided in Chapter 33, Fees, shall be retained.
D.
Licenses shall not be transferable between persons, firms or corporations, but the holder thereof shall be permitted one transfer of said license to another location within the Village during a license year upon payment of an additional fee as provided in Chapter 33, Fees, and upon approval of the Village Board.
It shall be the duty of the Village Administrator to investigate or
cause to be investigated each original application for a cabaret license.
In making such investigation, the Village Administrator shall have the assistance
of the Health Department and the Police and Fire Departments. Within 14 days
the Village Administrator shall advise the Village Board the results of the
investigation made.
After receiving and giving consideration to the report of the Village
Administrator and to such supplemental reports from the various Village inspectors
and departments as the Village Board deems advisable, the Village Board shall
either approve or reject the application on file. All renewals shall be processed
as original applications. Licenses shall terminate on the 30th day of June
each year.
As an alternative to the application for the issuance of annual cabaret licenses, application under the provisions of § 115-3 may be made to the Administrator and a short-term license may be issued by the Village Board not to exceed three consecutive days for a fee as provided in Chapter 33, Fees. No more than three such licenses shall be issued annually to any one person, agent or business.
On premises licensed hereunder, no music or dancing of any nature shall
be permitted after 12:00 midnight of each day except Saturday and Sunday,
when the time shall be not later than 1:00 a.m. of the same day. On January
1 each year, such entertainment may continue until 2:00 a.m.
A.
The Chief of Police or his designee shall have the power
and authority to summarily suspend any cabaret license whenever they have
reasonable cause to believe that any indecent or immoral act or exhibition
or any disorder of any gross, violent or vulgar character is permitted or
is taking place on such licensed premises.
B.
The licensed premises shall at all times be maintained
in accordance with the provisions of Village Code. Any violations thereof
shall be grounds for suspension or revocation of said license.
C.
The licensed premises shall be so designed and constructed
as to prevent any noise or sound emanating therefrom; any violation hereof
shall be considered a public nuisance as provided in § 177-I of
the Johnson Creek Village Code, and, in addition, shall be grounds for suspending
or revoking a license issued hereunder.
In addition to the provisions hereof, the Village Board, upon five days'
notice to the licensee and after public hearing, may suspend or revoke any
license issued hereunder where it determines that there has been a violation
of the provisions of this chapter or a violation of any federal, state or
local law. The length of suspension shall be determined by the Village Board.
