[HISTORY: Adopted by the Village Board of the Village of
Kronenwetter as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-12-2004 as Ch. 18, Art. I, of the 2004 Code]
The provisions of Wis. Stats. Ch. 125 are hereby adopted and
by reference made a part of this section as if fully set forth herein.
Any person violating any provisions of this article shall, upon conviction,
be subject to the penalties set forth in Wis. Stats. Ch. 125.
Restrictions on issuing alcohol beverage licenses shall be as
follows:
A.
As a condition of maintaining and keeping an alcohol beverage license
in this Village, any licensee must continue in business. Issuance
or retention of a license by a party not doing business is hereby
declared to be against public policy and lacking in usefulness.
B.
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
- (1) The applicant must maintain appropriately zoned premises and be open for the business of selling liquor at least 100 days of the license period, with each day consisting of at least six continuous hours in a twenty-four-hour period. For each renewal application for licenses to take effect in July 2001 or thereafter, the applicant must have been open for the business of selling liquor for at least 100 days during the previous 12 months, except due to circumstances beyond its control, with each day consisting of at least six continuous hours in a twenty-four-hour period.
- (2) Any applicant whose place of business suffers damage that causes it to be nonoperable for a period of time shall make every reasonable effort to timely remedy the damage in order to resume normal operations in six months or less from the date of damage.
- OPEN
- Conducting business publicly at least six hours per calendar day.
C.
If any licensed party violates this section, the Village Board may
take disciplinary action, including reprimand, license suspension
for a specified number of days (up to 90 days) or revocation. Any
license that has been revoked shall not be reinstated within the following
12 months. Any disciplinary action taken shall follow notice to the
licensee prior to a hearing. The hearing notice, which will include
the reason for the hearing, and later the hearing decision of the
Board, will be sent by first-class mail to the licensee's last
known address, or personally served at the Village President's
option.
D.
If disciplinary action is taken against an alcohol licensee, the
procedure mandated under present Wis. Stats. § 125.12 will
be followed. At present, the procedure requires personal service of
the hearing notice (summons) and complaint, and a hearing within three
to 10 days thereafter. If the licensee cannot be found, the summons
may be published once in a newspaper of general circulation deemed
most likely to provide notice to the license holder.
E.
There shall be no refund of any license fee paid to a party whose
license is revoked.
F.
In lieu of a hearing, the Village Board may accept surrender of the
license, and the Board shall then determine the time period before
another application for the same type of license will be accepted
from the former licensee.
G.
Evidence and testimony at the hearing shall be done in open session.
Pursuant to Wis. Stats. § 19.85(1)(a), the Board may go
into closed session to deliberate with regard to its decision, where
that possibility has been listed on the hearing notice posted or published.
The Clerk shall see that the hearing notice is posted or published
in a format acceptable to the President.
H.
When a tenant has not done business in the licensed premises for
at least 30 consecutive days, voluntarily vacated the premises more
than 30 days before the Board decision, or was court ordered out of
the premises with vacation to be at least 30 days before the Board's
decision, grounds for suspension or revocation exist. Testimony of
any party, eviction notice, court documentation or other valid evidence
of such actions may be presented. The Board may issue a summons and
set up the hearing date prior to the expiration of the thirty-day
period, and may make its decision effective on a later date, in its
discretion.
I.
Unless no disciplinary action, including reprimand or probation,
is offered by the Board, the license holder shall reimburse the Village
for costs of personal service, mailing, fax costs and any per diem
paid for a Village officer to attend the hearing or other meeting
due to a license violation. Payment of the fees shall earn five-percent
interest if unpaid within 30 days. Payment shall be required before
any future license is issued or reinstated to the license holder.
[Adopted 10-26-2009 (Ch. 18, Art. II, of the 2004 Code)]
This article is enacted in the interest of the public health,
peace, safety, morals and general welfare of the citizens and inhabitants
of the Village, pursuant to the State Constitution and laws of the
state and the authority of the Village in exercising its right to
regulate the sale and consumption of alcohol beverages, pursuant to
the 21st Amendment to the Constitution of the United States.
The Board finds that evidence has been propounded that indicates
that nudity and sexual conduct and their depiction, coupled with alcohol
in public places, beget undesirable behavior, and that prostitution,
attempted rape, rape, murder and assaults on police officers, and
as further set forth in Resolution No. 2009-011 all have occurred
in and around establishments dealing in alcohol beverages where nude
and sexual conduct and their depiction are permitted.
A.
It is found that the acts prohibited in § 325-8 encourage the conduct of prostitution, attempted rape, rape, murder, and assaults on police officers in and around establishments dealing in alcohol beverages, that actual and simulated nudity and sexual conduct and their depiction, coupled with alcohol in public places, beget undesirable behavior and conduct among patrons and employees with establishments dealing in alcohol beverages, which results in violation of law and dangers to the health, safety and welfare of the public.
B.
It is the intent of this article to prohibit nudity, gross sexuality,
and their simulation and depiction in establishments dealing in alcohol
beverages.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
- ESTABLISHMENT DEALING IN ALCOHOL BEVERAGES
- Any business or commercial establishment (whether open to the public at large or where entrance is limited by cover charge or membership requirement), including those licensed by the state for sale and/or service of alcohol beverages, and any bottle club; hotel; motel; restaurant; nightclub; country club; cabaret; meeting facility utilized by any religious, social, fraternal or similar organization; business or commercial establishment where a product or article is sold, dispensed, served or provided with the knowledge, actual or implied, that they will be, or are intended to be mixed, combined with or drunk in connection or combination with an alcohol beverage on the premises of such business or commercial establishment; or business or commercial establishment where the consumption of alcohol beverages is permitted. A private residence, whether permanent or temporary in nature, is not an establishment dealing in alcohol beverages.
A.
No person, partnership, corporation or other entity shall own, operate,
manage, rent, lease, occupy, or exercise control of any building,
structure, premises, or portion or part thereof, within which occurs
the activities specified in this section.
B.
No person shall expose to public view the genitals, pubic area, vulva,
anus, anal cleft or cleavage or buttocks or their simulation in an
establishment dealing in alcohol beverages.
C.
No person shall expose to public view any portion of a female breast
below the top of the areola or their simulation in the establishment
dealing in alcohol beverages.
D.
No person shall expose to public view the covered male genitals in
a discernibly turgid state in an establishment dealing in alcohol
beverages.
E.
No person, partnership, corporation or other entity that maintains,
owns or operates an establishment dealing in alcohol beverages shall
suffer or permit any person to expose to public view his or her genitals,
pubic area, vulva, anus, anal cleft or cleavage or buttocks or their
simulation within the establishment dealing in alcohol beverages.
F.
No person, partnership, corporation or other entity that maintains,
owns or operates an establishment dealing in alcohol beverages shall
suffer or permit any female person to expose to public view any portion
of her breasts below the top of the areola or their simulation within
the establishment dealing in alcohol beverages.
G.
No person, partnership, corporation or other entity that maintains,
owns or operates an establishment dealing in alcohol beverages shall
suffer or permit any exposure to public view the covered or uncovered
male genitals in a discernibly turgid state within the establishment
dealing in alcohol beverages.
H.
No person shall engage in and no partnership, corporation or other
entity that maintains, owns or operates an establishment dealing in
alcohol beverages shall suffer or permit any sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation, any sexual act
prohibited by law, touching, caressing, fondling of the breasts, buttocks,
anus or genitals or their simulation within an establishment dealing
in alcohol beverages.
I.
No person, partnership, corporation or other entity that maintains,
owns or operates an establishment dealing in alcohol beverages shall
suffer or permit the exposition of any graphic representation, including
pictures or the projection of film, that depicts human genitals, pubic
area, vulva, anus, anal cleft or cleavage, buttocks, female breasts
below the top of the areola, sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation, any sexual act prohibited
by law, touching, caressing or fondling of the breasts, buttocks,
anus or genitals or their simulation within any establishment dealing
in alcohol beverages.
J.
No person, employee, entertainer or patron shall be permitted to
have any physical contact with any entertainer on the premises during
any performance, except for the taking of tips which must be taken
on the hip or the side of the entertainer's G-string, T-bar or
costume, or in a garter. All shall only occur on a stage, or on a
table that is in a designated area within full and unrestricted view
of the bar area, either of which is elevated at least 18 inches above
the immediate floor level and removed a distance sufficient to prevent
actual physical contact between the entertainer and another entertainer
or any other person, employee or patron within any establishment dealing
in alcohol beverages.
K.
No person under the age of 18 years of age may be admitted to, may
enter or remain on, may purchase goods or services at, or may work
or be permitted to work as an employee in any capacity at an establishment
dealing in alcohol beverages that is subject to the provisions of
this section.
L.
No person shall cause another to commit a violation of this section,
nor shall any person permit such violation to occur on any premises
under his/her control, tenancy, management or ownership.
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to Chapter 1, General Provisions, § 1-2, General penalty, of this Code. In addition any person, partnership, corporation or other entity who maintains, owns or operates an establishment dealing in alcohol beverages may have their liquor license suspended or revoked for violation of this article.[1]
[1]
Editor’s Note: Former Art. III, Social Host, adopted
2-27-2012 by Ord. No. 12-02, which immediately followed, was repealed
6-12-2018 by Ord. No. 18-07.
