[Amended 3-1-1983 by Ord.
No. 1232; 11-17-1998 by Ord. No. 1718]
A. Nude dancing in licensed establishments prohibited. 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:
[Amended 4-5-2000 by Ord.
No. 1764]
(1) Shows his or her genitals, pubic area, vulva, anus, anal clef or
cleavage with less than a fully opaque covering; or
(2) Shows any portion of the female breast below a point immediately
above the top of the areola; or
(3) Shows the covered male genitals in a discernibly turgid state.
B. Exemptions. The provisions of this ordinance 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 or 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.
C. Definitions. For purposes of this ordinance, the term "licensed establishment"
means any establishment licensed by the common Council of the City
of South Milwaukee to sell alcohol beverages pursuant to Ch. 125,
Wis. Stats. The term "licensee" means the holder of a retail "Class
A," "Class B," Class "B," Class "A," or "Class C" license granted
by the common Council of the City of South Milwaukee pursuant to Ch.
125, Wis. Stats.
D. Penalties. Any person, partnership or corporation who violates any
of the provisions of this ordinance shall be subject to a forfeiture
of not less than $300, and not more than $1,600 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 ordinance
constitutes sufficient grounds for suspending, revoking or non-renewing
an alcohol beverage license under § 125.12, Wis. Stats.
E. Severability. If any section of this ordinance is found to be unconstitutional
or otherwise invalid, the validity of the remaining sections shall
not be affected.
[Amended 3-1-1983 by Ord.
No. 1232]
A. As provided in § 176.05(21), Wis. Stats.
B. Discontinuance of licenses. Whenever a location which has been licensed
as a Class "B" Liquor License premises for the sale of intoxicating
liquor has failed to renew that license within 90 days after the June
30th expiration date, the license for such locations shall be reviewed
by the Legislation and Permits Committee as soon after the ninety-day
grace period as possible with express purpose of evaluating whether
the license shall, in the future, be available and/or whether no new
license shall be available for that location or any other location.
The Legislation and Permits Committee shall make their recommendation
to the Common Council for final action whether to retire the license
or reissue the license. Any license retired under this paragraph shall
not be reissued to the same or any other person or location. Any license
which has been revoked by action of the Legislation and Permits Committee
or the Common Council as a sanction for violations or abuse of the
license privilege shall be permanently retired and not available for
reissue to the same or any other person. No license shall be permanently
retired by revocation unless the owner of the premises licensed shall
be first given notice of the intent to permanently retire the license
and be given the opportunity to be heard on the propriety of permanent
retirement of the license.
[Amended 3-19-1985 by Ord. No. 1291; 4-21-1998 by Ord. No. 1705]
C. The purpose of this provision is to reduce the number of Class "B"
Liquor Licenses available.
[Added 3-1-1983 by Ord.
No. 1232]
A. Each premises shall be conducted in a sanitary manner and shall be
a safe and proper place for the purpose for which used. The Board
of Health of the City is authorized and empowered to make reasonable
and general rules for the sanitation of all places of business possessing
licenses under this chapter. Such rules or regulations may be classified
and made applicable according to the class and shall have the same
force as though fully set out in this chapter and infraction thereof
may be punished as a violation of this chapter.
B. The rules and regulations made by the State Board of Health governing
sanitation in restaurants shall apply to all Class B licenses issued
under this chapter. No Class B License shall be issued unless the
premises to be licensed conform to such rules and regulations.
[Added 3-1-1983 by Ord.
No. 1232]
A violation of this chapter by an agent or employee of a licensee
or permit holder shall constitute a violation by such licensee or
permit holder.
[Amended 12-20-2011 by Ord. No. 2038]
Pursuant to the authority contained in § 25.32(3)(d),
Wis. Stats., premises licensed as Class A for the sale of fermented
malt beverages under § 125.25, Wis. Stats., in the City
of South Milwaukee may not sell fermented malt beverages or intoxicating
liquors between the hours of 9:00 p.m. and 6:00 a.m., and pursuant
to § 125.68(4)(b), Wis. Stats., no premises for which a
"Class A" license or permit has been issued may remain open for the
sale of intoxicating liquor between the hours of 9:00 p.m. and 6:00
a.m.
[Added 2-19-2003 by Ord.
No. 1835]
A. The City shall issue manager's licenses as provided in Ch. 125,
Wis. Stats.
B. The fee for the license shall be established by the Common Council
by resolution.
C. Any person acting as a manager of a licensed premise without a manager's
license shall be subject to a forfeiture of not less than $200 nor
more that $1,000 for such violation. Each day a person acts as a manager
without a license constitutes a separate offense.