Village of Osceola, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Osceola as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-10-1993 by Ord. No. 7-93 as Secs. 10.04, 10.05 and 10.08 of the 1993 Code]
A. 
License required. No person shall conduct a public dance within the village except such as may be held within a public dance hall or pavilion or on premises duly licensed to be used as such under this section.
B. 
Definitions.
(1) 
As used in this section, the following terms shall have the meanings indicated:
PUBLIC DANCE
Any dance to which the public generally without restriction may gain admission, with or without payment of a fee, or a dance operated for profit, but does not include dancing in restaurants or taverns.
PUBLIC DANCE HALL
Any place at which a public dance is held or any dance hall or academy in which classes in dancing are held for hire.
(2) 
These terms do not apply to a dance conducted in a church or parochial school hall or to such a place when conducted under the auspices of the proper church authorities nor to any dance conducted under the auspices of a parent-teacher association or any similar association.
C. 
Application for license. Application for a license hereunder may be made by the owner or lessee of the premises for which a license is sought and accompanied by a license fee as set by resolution of the Village Board from time to time.[1] Such license may be granted by the Village Board. Between sessions of the Village Board such license may be granted by the Village President, subject to the approval of such license by the Board at its next meeting. Such license shall be for one year unless sooner revoked.
[Amended 1-12-1999 by Ord. No. 99-01]
[1]
Editor's Note: See Ch. A222, Fees and Salaries.
D. 
Notice to police. No person shall hold or conduct a public dance without having notified the Chief of Police of his or her intention so to do, in writing, setting forth the time and place of such dance. Such notice shall be served at least three days prior to the date of the dance.
E. 
Rules and regulations. The following rules and regulations shall govern the conduct, operation and management of all public dances:
(1) 
Age. No person under 16 years of age shall be permitted unless such person is accompanied by a parent, guardian or adult spouse.
(2) 
Liquor. The possession, drinking or offering to another person of intoxicating liquors shall not be permitted either in a public dance hall or on the premises on which it is situated.
(3) 
Drunkenness. The participation in a public dance of persons under the influence of liquor or drugs shall not be permitted.
(4) 
Compliance with state regulations. All public dance halls operated under this section must comply with the State Building Code and all rules and regulations of the State Department of Health and Family Services.
[Amended 1-12-1999 by Ord. No. 99-01]
(5) 
Hall lighted. All dances held in the nighttime shall be kept well and efficiently lighted at all times.
F. 
Revocation of license. The Village Board shall promptly, after three days' notice and a hearing, revoke the license of any person who shall violate any provision of this section. Between sessions of the Village Board, the Village President shall, after a due hearing, promptly revoke the license of any person who shall violate any provision of this section, provided that such license so revoked by the Village President may be reinstated by the Village Board at its next session if, upon petition of the licensee, the Board shall be of the opinion that the action of the Village President in revoking such license was improper.
G. 
Conditions following revocation. Upon revocation of any dance hall license, no new license shall be issued either to the same licensee or to a different licensee for the same dance hall within six months following the date of such revocation.
H. 
Sheriff and deputies as inspectors. The Sheriff and all Deputy Sheriffs regularly appointed and qualified to act as such shall have the same power to enforce the provisions of this section as has the Chief of Police.
I. 
Nonintoxicating beverages sold at dance. Any licensee hereunder may maintain at such public dance hall a stand for the sale and dispensing of nonintoxicating beverages, provided that he or she shall first obtain from the Village Board a license permitting him or her to dispense and sell nonintoxicating drinks.
[Amended 1-12-1999 by Ord. No. 99-01]
Incidental dancing is permitted in commercial establishments to which the public is admitted upon obtaining an incidental dancing license hereunder. The fee therefor and for each radio, jukebox or mechanical musical instrument used for such incidental dancing shall be as set by resolution of the Village Board from time to time.[1] The premises on which such dancing is permitted shall be conducted in an orderly manner, and the laws and ordinances relating to liquor and fermented malt beverages shall apply when such beverages are dispensed on the premises.[2]
[1]
Editor's Note: See Ch. A222, Fees and Salaries.
[2]
Editor's Note: See Ch. 137, Intoxicating Liquor and Fermented Malt Beverages.
A. 
Definition. Places of amusement are defined as those premises open to the public with or without an admission charge that offer the use of games or amusement devices for a fee and are commonly, but not exclusively, referred to as "video arcades" or "pool halls." This section does not apply to premises licensed for sale of intoxicating liquor or fermented malt beverages.
B. 
Licensing. Each place of amusement shall be required to purchase an annual license. The annual license fee shall be as set by resolution of the Village Board from time to time.[1] A license shall be valid from July 1 to June 30 of the succeeding year. No license holder may have a criminal record.
[Amended 1-12-1999 by Ord. No. 99-01]
[1]
Editor's Note: See Ch. A222, Fees and Salaries.
C. 
Closing hours.
(1) 
Premises which are places of amusement shall be open to the public during the following hours only:
(a) 
From 8:00 a.m. to 10:00 p.m., Sunday through Thursday and holidays.
(b) 
From 8:00 a.m. to 1:00 a.m. on Friday and Saturday and days prior to holidays.
(2) 
Premises licensed to serve food may remain open, provided that all games, videos, etc., are located in a separate room which can be locked barring public admission. Turning off electronic games after closing hours is not sufficient to remain open for food service.
Except as otherwise provided, any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
[Adopted 3-9-1999 by Ord. No. 99-03]
It is unlawful for any person to perform or engage in or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:
A. 
Shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering; or
B. 
Shows any portion of the female breast below a point immediately above the top of the areola; or
C. 
Shows the covered male genitals in a discernably turgid state.
The provisions of this article do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
For purposes of this article, the term "licensed establishment" means any establishment licensed by the Village Board of the Village of Osceola to sell alcohol beverages pursuant to ch. 125, W.S.A. The term "licensee" means the holder of a retail “Class A,” “Class B,” Class "B", Class "A", or "Class C" license granted by the Village Board of the Village of Osceola pursuant to ch. 125, W.S.A.
Any person, partnership, or corporation who violates any of the provisions of this article shall be subject to a forfeiture of up to $1,000 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this article constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under s. 125.12, W.S.A.