It shall be unlawful for any owner or operator of premises holding a Class "A," "Class A," Class "B," "Class B" or "Class C" alcohol beverage license to permit any person to expose to public view on the licensed premises any specified anatomical area, as defined in this chapter, or to employ any device which is intended to give the appearance of or simulate such specified anatomical areas or publicly display or perform any specified sexual activities on the licensed premises.
This section applies only to premises offering live performances by persons appearing in a state displaying some portions of specified anatomical areas not covered by fully opaque coverings. Appearance in public in a state of nudity is prohibited by § 196-3.
No person shall open premises to the public offering live performances by persons appearing in a state of partial nudity displaying some portions of specified anatomical areas not covered by fully opaque coverings, whether such persons are paid for such performance or not, unless the person opening the premises has obtained a license from the Common Council pursuant to § 196-6 and is in full compliance with other City regulations, including zoning regulations.
No person, employee, entertainer or patron shall be permitted to have any physical contact with any entertainer on the premises during any performance. All performances shall only occur on a stage or on a table that is elevated at least 18 inches above the immediate floor level and, to prevent actual physical contact between the entertainer and any other person, employee or patron, shall not be less than six feet from any area occupied by any patron. Patrons shall not have any physical contact with, and shall not be less than six feet from, any entertainer during the payment of a tip or gratuity.
Application. Applications for an annual adult entertainment license shall be made to the City Clerk-Treasurer. The City Clerk-Treasurer shall notify the Police Department and Fire Inspector of the license application, publish a Class 1 notice of such application and have the license application submitted to the Common Council within 30 days of application. Investigating officials shall submit written reports and recommendations to the Common Council. A public hearing shall be held on the application, preceded by a Class 2 notice. The Common Council may take any testimony regarding the granting or denial of such license.
Action. The Common Council shall either approve, modify or reject the application; the reasons for the action taken shall be specified in the written record of the Common Council.
Probationary period. If license issuance is approved by a majority of the Common Council, an initial applicant shall be granted a probationary license by the City 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 Common Council, the Common Council shall specify the findings made that support that denial.
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.
Form of license. The City Clerk-Treasurer shall be responsible for, following Common Council action, issuing all licenses under this section. All such licenses shall specify the nature of the holder of the license and the date for which it is applicable, as well as any conditions that may be imposed by the City. All such licenses shall be open to public inspection and posted in public view on the premises for which issued.
Number of licenses limited. No more than three annual adult entertainment licenses, issued under this article, shall be issued within the City of New Lisbon at one time, and no more than one license shall be issued to any one individual, partnership or corporation.
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; failure to comply with this application schedule shall mean that the license shall lapse and any new application shall be reviewed as a new application. Such license may be renewed pursuant to the provisions of § 196-6 as that section applies to notice being given by the City Clerk-Treasurer and provisions for publication and action by the Common Council.
Any license holder governed by this article shall comply with the following regulations:
No dancing shall be permitted by any performers under the auspices of the management, whether paid or not, within six feet from any location from which patrons are directly served, while so entertaining the patrons.
No dancer, performer, or any individual who is performing, singing, or dancing shall have either direct or indirect (i.e., lap dancing) physical contact with any patron or solicit drinks from any patron in violation of § 944.36, Wis. Stats.
While dancing is in progress, the establishment shall be adequately illuminated so as to permit safe ingress and egress from the premises.
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.
The premises shall close and all patrons shall vacate the premises between 12:00 midnight and 10:00 a.m. Sunday through Friday and 12:00 midnight and 12:00 noon on Saturday.
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.
The license holder shall comply with all applicable state statutes and regulations and all county and City ordinances.
The management, license holder and employees shall obey all reasonable orders or directions of any law enforcement officer.
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.
No license holder, personally or through an agent or employee, shall advertise, allow or produce nude entertainment or performances in violation of this section or in violation of any City ordinance or state statute.
The license holder shall not permit any person to publicly perform specified sexual activities on the licensed premises.
The licensee shall not permit any person to touch any performer's specified anatomical areas during a public performance.
The use of simulated sexual organs during dances or performances is prohibited.
No license holder shall permit any amateur dancing, entertainment, or performances on the license holder's premises in violation of this section or any applicable state or federal laws.
Security staff. All adult businesses shall provide at least one security staff person for each 35 patrons or fraction thereof. Security staff shall be on the premises at all times while the business is open. Security staff must be management-level employees or staff for whom security is a primary duty. Nothing in this subsection shall be construed to authorize the licensee to exceed maximum occupancy limits established in conformance with building codes.
Security staff shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Security staff shall be uniformed in such a manner so as to be readily identifiable as a security person by the public or shall wear shirts, name tags or other uniform clothing clearly identifying them as security employees of the adult business.
Failure to comply with every such requirement shall be grounds for suspension or revocation of the license issued pursuant to these regulations.
No establishment licensed under this article shall permit any performance or entertainment governed by this article to occur within 1,000 feet of any area zoned for residential, church, school, nursing home, public park, hotel, motel, correctional institute or day-care center uses or other establishment licensed under this article. No establishment licensed under this article shall be located within 1,000 feet of any other establishment licensed under this article, within 1,000 feet of any business holding an alcohol beverage license, or as otherwise limited by Chapter 520, Zoning, of this Code.
For purposes of this section, distances are to be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult-oriented establishment to the nearest property line of another adult-oriented establishment, school, place of worship, residential district or business holding an alcohol beverage license.
In addition to any other actions allowed by law or taken by the Common Council, including the action of license revocation or nonrenewal, anyone who violates any of the provisions of this article shall be subject to a forfeiture as prescribed by § 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. Citations may be issued to the license holder or to his/her employees, operators or agents.
In general. Any adult entertainment license granted herein may be revoked, suspended, or not renewed by the Common Council as follows:
If the applicant has made or recorded any statement required by this article knowing it to be false or fraudulent or intentionally deceptive.
For the violation of any provision of this article, except for establishment license matters involving a violation of zoning, property maintenance or building codes; in such case the license shall be revoked after the second conviction thereof in any license year.
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 a substance 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.
Notice of hearing. No license shall be revoked, suspended, or not renewed by the Common Council except upon due notice and hearing to determine whether grounds for such action exist. Such hearing shall be held before the Common Council. 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.
Hearing. 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 Common Council 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 Common Council shall prepare findings of fact and conclusions of law as to what, if any, action the Common Council will take with respect to the license. The Common Council shall provide the complainant and licensee with a copy of the report.
Any license granted under the provisions of this article shall not be transferable. All license applications shall be original or for a renewal.