A.
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.
A.
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.
B.
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.
C.
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.[1]
A.
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.
B.
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.
C.
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.
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 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.
G.
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:
A.
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.
B.
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.[1]
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.
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.
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 City 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 entertainment or performances in
violation of this section or in violation of any City ordinance or
state statute.
K.
The license holder shall not permit any person to publicly perform
specified sexual activities on the licensed premises.
L.
The licensee shall not permit any person to touch any performer's
specified anatomical areas during a public performance.
M.
The use of simulated sexual organs during dances or performances
is prohibited.
N.
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.
O.
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.[2]
(1)
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.
(2)
Failure
to comply with every such requirement shall be grounds for suspension
or revocation of the license issued pursuant to these regulations.
A.
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.[1]
B.
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.
A.
In general. Any adult entertainment license granted herein may be
revoked, suspended, or not renewed by the Common Council 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 zoning, property maintenance
or 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 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.[1]
B.
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.
C.
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.
