[Adopted 7-10-1995 as Title 9, Ch. 4, of the 1995 Code; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The provisions of Ch. 125, Wis. Stats., describing and defining
regulations with respect to alcohol beverages, exclusive of any provisions
thereof relating to the penalty to be imposed, are hereby adopted
and made a part of this article by reference. Any act required to
be performed or prohibited by any statute incorporated herein by reference
is required or prohibited by this article. Any future amendments,
revisions or modifications of the statutes incorporated herein are
intended to be made a part of this article to secure uniform statewide
regulation of alcoholic beverages.
[Adopted 5-3-1999 by Ord. No. 1999-1]
It is unlawful for any person to perform or engage in, or for
any licensee or manager or agent of the licensee to permit any person,
employee, entertainer or patron to perform or engage in, any live
act, demonstration, dance or exhibition on the premises of a licensed
establishment which:
A. Shows his or her genitals, pubic area, vulva, anus, anal clef or
cleavage with less than a fully opaque covering;
B. Shows any portion of the female breast below a point immediately
above the top of the areola; or
C. Shows the covered male genitals in a discernibly turgid state.
The provisions of this article 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 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 article, the term "licensed establishment"
means any establishment licensed by the Village Board of the Village
of Clayton to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
The term "licensee" means the holder of a retail "Class A," "Class
B," Class "B," Class "A" or "Class C" license granted by the Village
Board of the Village of Clayton pursuant to Ch. 125, Wis. Stats.
Any person, partnership or corporation who violates any of the
provisions of this article shall be subject to a forfeiture of not
less than $250 and not more than $500 per violation. A separate offense
and violation shall be deemed committed on each day on which a violation
occurs or continues. In addition, violation of this article constitutes
sufficient grounds for suspending, revoking or nonrenewing an alcohol
beverage license under § 125.12, Wis. Stats.