A.
No holder of a Class A, B or C liquor or beer license, or any other
business or establishment governed by this article, operating in the
incorporated area of the Village of Woodville 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 Clerk-Treasurer.
B.
This article shall only apply to establishments selling liquor, beer,
or other beverages, including restaurants, or stores specializing
in adult entertainment, which feature live nude or seminude dancers.
C.
Application for said license will be made to the Clerk-Treasurer
and shall require a fee as set by the Village Board, refundable if
not granted. In no event shall any one premises be issued more than
three licenses in one calendar year.
D.
The Public Protection Committee shall recommend to the Village Board
what action should be taken on a license.
Any license holder governed by this chapter 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.
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 chapter
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 saving time.
F.
The license holder shall ensure that building capacity limits as
set by the United Fire and Rescue District 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.
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 and/or the Public Protection Committee, including the action of license revocation or nonrenewal, anyone who violates any of the provisions of this article shall be subject to a penalty as provided in § 1-4 of this Code for each and every offense, together with the costs of prosecution. If such forfeiture and costs are not paid, such person so convicted shall 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.[1]
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 Public Protection Committee. 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 Public Protection Committee shall prepare and
submit a report to the Village Board, including findings of fact and
conclusions of law and a recommendation as to what, if any, action
the Village Board should take with respect to the license. The Committee
shall provide the complainant and licensee with a copy of the report.
C.
Appeal. Either the complainant or licensee may file an objection to the report and have the opportunity to present arguments supporting the objection to the Village Board. The Village Board shall determine whether arguments shall be presented orally or in writing, or both. If the Village Board, after arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided at Subsection A. The Village Board shall decide the matter and shall prepare a written decision which shall be filed with the Clerk-Treasurer, and a copy thereof shall be delivered to the licensee and complainant within 20 days after its decision.
