[Adopted 8-10-1993 by Ord. No. 7-93
as Secs. 10.04, 10.05 and 10.08 of the 1993 Code]
[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. 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.
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.