[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)
PUBLIC DANCE
PUBLIC DANCE HALL
As used in this section, the following terms shall have
the meanings indicated:
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.
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]
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]
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]
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:
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.
