[HISTORY: Adopted by the Town Board of the
Town of Buchanan by Ord. No. 2008-05 (Ch. 10, Art. II, of the 1997
Code). Amendments noted where applicable.]
This chapter is enacted pursuant to licensing
powers granted the Town and is intended to be used in disciplinary
proceedings.
A.
The Town Board of the Town of Buchanan has explicit
authority under § 125.10(1), Wis. Stats., to adopt regulations
governing the sale of alcohol beverages which are in addition to those
set forth in Ch. 125, Wis. Stats.; and
B.
The Town Board has authority under its general police
powers set forth in § 62.11(5), Wis. Stats., to act for
the good order of the municipality and for the health, safety and
welfare of the public and may carry out its powers by regulation and
suppression; and
C.
The Town Board recognizes it lacks authority to regulate
obscenity, and does not intend by adopting this chapter to regulate
obscenity, but the Town Board declares its intent to enact an ordinance
addressing the secondary effects of live, totally nude, nonobscene,
erotic dancing in bars and taverns; and
D.
Bars and taverns featuring live totally nude, nonobscene,
erotic dancing have in other communities tended to further the increase
of criminal and other offensive activity, to disrupt the peace and
order of the communities, to depreciate the value of real property,
to harm the economic welfare of the communities and to negatively
affect the quality of life of the communities; and such secondary
effects are detrimental to the public health, safety and general welfare
of citizens; and
E.
The Town Board recognizes the U.S. Supreme Court has
held that nude dancing is expressive conduct within the outer perimeters
of the First Amendment to the United States Constitution and, therefore,
entitled to some limited protection under the First Amendment, and
the Town Board further recognizes that freedom of speech is among
our most precious and highly protected rights and wishes to act consistently
with full protection of those rights; and
F.
However, the Town Board is aware, based on the experiences
of other communities, that bars and taverns in which live, totally
nude, nonobscene, erotic dancing occurs may and do generate secondary
effects which the governing body believes are detrimental to the public
health, safety and welfare of the citizens of the Town of Buchanan;
and
G.
Among these secondary effects are:
(1)
The potential increase in prostitution and other sex-related
offenses, as well as other crimes and offenses;
(2)
The potential depreciation of property values in neighborhoods
where bars and taverns featuring nude dancing exist;
(3)
Health risks associated with the spread of sexually
transmitted diseases; and
(4)
The potential for infiltration by organized crime
for the purpose of unlawful conduct; and
H.
The Town Board desires to minimize, prevent and control
these adverse effects and thereby protect the health, safety and general
welfare of the citizens of the Town of Buchanan; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of urban blight; and
I.
The Town Board has determined that enactment of an
ordinance prohibiting live, totally nude, nonobscene, erotic dancing
in bars and taverns licensed to serve alcoholic beverages promotes
the goal of minimizing, preventing and controlling the above adverse
effects and thereby protects the health, safety and general welfare
of the citizens of the Town of Buchanan; protects the citizens from
increased crime; preserves the quality of life; preserves property
values and character of surrounding neighborhoods; and deters the
spread of urban blight.
A.
The following shall constitute grounds for suspension
or revocation of a license issued by this Town under Ch. 125, Wis.
Stats.,:
(1)
Conviction
of an offense contrary to § 944.21, Wis. Stats., or any
successor statute or later amended version.
(2)
Arrest
or bringing of charges, whether by complaint or citation, of a license
holder pursuant to § 944.21, Wis. Stats., or an ordinance
pursuant thereto.
(3)
A finding
by the Town Board, whether or not court charges are filed, that the
operation of the licensed facility or activity is in conflict with
§ 944.21; Wis. Stats.
(4)
A finding
by the Town Board that any of the following conduct has occurred on
premises which are licensed to sell intoxicating liquors and/or fermented
malt beverages:[1]
(a)
The following acts or conduct on licensed premises are specified
sexual activities:
[1]
To display human genitals in a state of sexual stimulation or arousal.
[2]
To encourage or engage in acts or representation of acts of human
masturbation, sexual intercourse or sodomy, bestiality, oral copulation
or flagellation.
[3]
To encourage or permit any person to touch, caress, or fondle the
breasts, buttocks, anus, or genitals of another person.
[4]
To employ any device, costume or covering which gives the appearance
or simulates the areola, genitals, pubic hair, perineum, or anus.
[5]
To perform excretory functions as part of or in connection with any activities set forth in Subsection A(4)(a)[1] through [4] above.
(b)
Sexual contact. "Sexual contact" means any touching of the sexual
or other intimate parts of a person done for the purpose of gratifying
the sexual desires of either party.
(c)
Stimulation. The actual or simulated displaying of the pubic hair,
anus, vulva, or genitals.
(d)
Attire. The failure to comply with the following performance and
costume requirements. No licensee, either personally or through his/her
agent or employee, shall furnish entertainment or permit the performance
of any act, stunt or dance by dancers, performers or entertainers
whether such dancers, performers, or entertainers are employed by
the licensee that does not meet the following wearing apparel standards
when performing or when present upon the licensed premises:
[1]
That portion of every costume to be worn by dancers, performers or
entertainers covered by the provisions of this subsection and which
relates to the anus, vulva or genitals shall be of nontransparent
material.
[2]
The lower portion of the costume worn by a female dancer, performer
or entertainer, or a female impersonator shall encircle the body at
the area of the sex organs and buttocks in a groin-string fashion
at a minimum. This portion of the costume shall be of such dimensions
and so conformed, fabricated and affixed to the body so as to completely
cover the genitals, including the outer and inner labia, vulva, and
public hair area at all times. An animal fur piece or other device
simulating the hair surrounding the pubic area shall not constitute
compliance with the costume requirements of this chapter.
[3]
The lower portion of the costume worn by a male dancer, performer,
or entertainer shall encircle the area of the sex organs and the buttocks
in a groin-string fashion at a minimum. This portion of the costume
shall be of such dimensions and so conformed, fabricated and affixed
to the body so as to completely cover the genitals, including the
penis, testicles, and public hair at all times. The display of the
male genitals in the turgid state, whether covered or uncovered, shall
constitute a violation of this chapter.
[4]
No retail licensee for on-premises consumption shall suffer or permit
any person to appear on licensed premises in such manner or attire
as to expose to view any portion of the anus, genitals, pubic hair,
or any simulation thereof.
(e)
Disorderly conduct by patrons. Permitting any patron to participate
in any act, stunt or dance that would constitute grounds for disciplinary
proceedings under this chapter.
(f)
Further physical conduct. Entertainers have physical contact with
customers during their act, or enticing customers into joining into
same.
(g)
Entertainer conduct. Entertainers whose breasts and buttocks are
exposed to view shall perform only upon a stage at least 18 inches
above the immediate floor level.
(h)
Showing film or other video medium. The showing of any act, stunt
or dance that would constitute grounds for disciplinary proceedings
under this chapter on film or other video medium.
B.
Regardless of the basis for the hearing on an adult-oriented
establishment's violation of this chapter, the standard for disciplinary
action shall be whether the Board finds, by a preponderance of the
evidence, that the grounds have occurred.
Alcohol licensees are to be disciplined according
to the guidelines of present § 125.12, Wis. Stats., or any
other later amended or successor statute.[1]
The provisions of this chapter 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 chapter, the following
terms shall have the meanings indicated:
Any establishment licensed by the Town Board of the Town
of Buchanan to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
The holder of a retail "Class A," "Class B," Class "B," Class
"A" or "Class C" license granted by the Town Board of the Town of
Buchanan pursuant to Ch. 125, Wis. Stats.
The penalty for each violation shall be determined
by said Town Board, taking into account the number of past and present
violations proven and the severity of the current offense.
A.
Any person, partnership, or corporation who is found
to have violated this chapter shall be fined a definite sum not less
than $250 nor more than $1,000. A conviction may constitute cause
for suspension or revocation of license or such lesser penalty as
the Town Board may lawfully determine to be appropriate.
B.
Each violation of this chapter shall be considered
a separate offense, and any violation continuing more than one day
shall be considered a separate offense.
In the event any portion of this chapter, which,
in part, is intended to incorporate Wisconsin obscenity provisions,
is found unconstitutional or invalid, the remaining portions shall
remain in full force and effect.
