A.
No holder of a Class A, B or C liquor or fermented malt
beverage license, or any other business or establishment governed by this
article, operating in the Village of Theresa shall afford to its patrons entertainment
which specifically features or advertises dancing by the performance of any
act, stunt or dance by performers under the auspices of the management, whether
such dancers are paid or not, unless the owner shall first have obtained a
license from the Village Clerk-Treasurer.
B.
This article shall only apply to establishments selling,
providing or giving away liquor, beer, juice, soda water beverages, or other
beverages, including restaurants, or stores specializing in adult entertainment,
which feature live nude or seminude dancers, singers or entertainers.
A.
Application. Applications for an annual 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 1 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 2 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 drafting and issuing all licenses under this section. All
such licenses shall specify the nature of the holder and 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.
F.
Fee. All such license applications shall be accompanied
by an award fee of $500. 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
licenses, issued under this article, shall be issued to license holders within
the Village of Theresa 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 § 238-6 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 of a
bar 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 in violation of § 944.36, Wis. Stats.
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.
Music and other entertainment which is amplified inside
shall cease after 1:00 a.m., with the exception that said music shall cease
after 2:00 a.m. during daylight savings time.
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 or obscene entertainment
or performances in violation of this section or in violation of any Village
ordinance or state statute.
K.
It is forbidden by this section to perform acts or simulated
acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation, or any sexual acts which are prohibited by law, on the premises
so licensed.
L.
The actual touching, caressing or fondling of the breasts,
butt cheeks, anus or genitals is prohibited.
M.
The actual use of simulated sexual organs during dances
or performances is prohibited.
N.
No license holder shall permit any amateur dancing, obscene
entertainment, or performances on the license holder's premises in violation
of this section or any applicable state and federal laws.
No establishment licensed under this article shall permit any performance
or entertainment governed by this article to occur within 50 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.
In addition to any other actions allowed by law or taken by the Village
Board, including the action of license revocation or nonrenewal, anyone who
violates any of the provisions of this article may forfeit not less than $250
but not more than $2,000 for each and every offense, together with the costs
of prosecution. If such forfeiture and costs are not paid, such person so
convicted may be subject to any civil penalties or other penalties available
by law.
A.
In general. Any 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 substances
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.
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. The licensee shall be entitled
to be heard, to be represented by counsel, to cross-examine opposing witnesses,
and 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 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
and subject to all licensing procedures and other regulations of this article.
