The Council may revoke, suspend, refuse to issue or refuse to
renew any license under this chapter, as provided in this section.
A.
Revocation or suspension of license.
(1)
Any resident of the City of Lancaster may file a sworn written complaint
with the City Clerk/Treasurer alleging that a person holding a license
issued under this chapter has violated this chapter or does not possess
the qualification required under this chapter to hold the license.
Upon the filing of the complaint, the Council shall issue a summons,
signed by the Clerk/Treasurer and directed to any peace officer in
the municipality. The summons shall command the licensee complained
of to appear before the Council on a day and place named in the summons,
not less than three days and not more than 10 days from the date of
issuance, and to show cause why his or her license should not be revoked
or suspended. The summons and a copy of the complaint shall be served
on the licensee at least three days before the time at which the licensee
is commanded to appear. Service shall be in the manner provided under
Ch. 801, Wis. Stats., for service of civil actions in Circuit Court.
(2)
Procedure on hearing.
(a)
If the licensee does not appear as required by the summons,
the allegations of the complaint shall be taken as true and if the
Council finds the allegations sufficient, the license shall be suspended
or revoked. The Clerk/Treasurer shall give notice of the suspension
or revocation to the person whose license is suspended or revoked.
(b)
If the licensee appears as required by the summons and denies
the complaint, both the complainant and the licensee may produce witnesses,
cross-examine witnesses and be represented by counsel. The licensee
shall be provided a written transcript of the hearing at his or her
expense. The hearing shall be heard before the Council and if the
complaint is found to be true, the license shall either be suspended
for not less than 10 days nor more than 90 days or revoked.
(c)
The City Clerk/Treasurer shall give notice of each suspension
or revocation to the person whose license is suspended or revoked.
(d)
If the Council finds the complaint untrue, the proceedings shall
be dismissed without costs to the licensee. If the Council finds the
complaint to be malicious and without probable cause, the complainant
shall be ordered to pay the costs. The Council may require the complainant
to provide security for such costs before issuing the summons as provided
above.
(3)
Judicial review. The action of the Council in granting or failing
to grant, suspending or revoking any license or the failure of the
Council to revoke or suspend any license for good cause may be reviewed
by the Circuit Court in and for Grant County, Wisconsin, upon application
by any applicant, licensee or resident of the municipality. The procedure
on review shall be the same as in civil actions instituted in the
Circuit Court. The person desiring review shall file pleadings, which
shall be served on the municipal governing body in the manner provided
in Ch. 801, Wis. Stats., for service in civil actions and a copy of
the pleadings shall also be served on any other interested party.
The Council, applicant, licensee or other interested party shall have
20 days to file an answer to the complaint. Following the filing of
the answer, the matter shall be deemed at issue and hearing may be
had within five days, upon due notice served upon the opposing parties.
A hearing shall be before the Court without a jury. Subpoenas for
witnesses may be issued and their attendance compelled. The decision
of the Court shall be transmitted to each of the parties and shall
be binding unless it is appealed to the Court of Appeals.
B.
Refusal to renew licenses. The Common Council may refuse to renew a license for the causes set forth in Subsection A(1) of this section. Prior to the time for the renewal of the license, the Council shall notify the licensee in writing of the intention not to renew the license and provide the licensee an opportunity for a hearing. The notice shall state the reasons for the intended action. The hearing shall be conducted as provided in Subsection A(2) of this section and judicial review shall be as provided in Subsection A(3) of this section.
C.
Refusal to issue licenses. If the Council decides not to issue a
new license under this chapter, it shall notify the applicant for
the new license of the decision not to issue the license. The notice
shall be in writing and state the reasons for the decision.
D.
Effect of suspension. If a license is suspended, all operations within
the adult entertainment establishment shall cease for the period of
the suspension, and the license shall be surrendered for the period
of the suspension. During the period of suspension, no other person
shall be allowed to operate an adult entertainment establishment at
that location. No part of the fee paid for any license so suspended
may be refunded.
[Amended 11-17-2014 by Ord. No. 2014-05]
E.
Effective date of suspension. All periods of suspension shall begin
15 days, including Saturdays, Sundays and holidays, after the date
the City Clerk/Treasurer mails the notice of suspension to the licensee
or on the date the licensee surrenders its license to the City Clerk/Treasurer,
whichever occurs first.
F.
Effect of revocation. If a license is revoked, the licensee shall
not be allowed to obtain another adult entertainment license for a
period of two years, and no license shall be issued to any other person
for the location and premises upon which the adult entertainment establishment
was situated for a period of 30 days.
[Amended 11-17-2014 by Ord. No. 2014-05]
G.
Effective date of revocation. The revocation shall begin 15 days,
including Saturdays, Sundays and holidays, after the date the City
Clerk/Treasurer mails the notice of revocation to the licensee or
the date the licensee surrenders its license to the City Clerk/Treasurer,
whichever occurs first.
The following violations of this chapter may be enforced by the issuance of a municipal citation meeting the requirements of § 1-6 of this Code. The issuance of a citation shall not preclude the City of Lancaster or any other authorized person thereof from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
A.
Operation of establishment without valid adult entertainment license.
It shall be unlawful for any person to operate or participate in the
operation of an adult entertainment establishment when the person
knows or should know that:
(1)
The establishment does not have an adult entertainment license for the applicable classification, except as stated in § 135-20;
(2)
The application for a license pursuant to § 135-20 has been denied or was not issued prior to May 1, 2004;
(3)
The establishment has a license which is under suspension;
(4)
The establishment has a license which has been revoked; or
(5)
The establishment has a license that has expired.
B.
Violations of Article III of this chapter.
(1)
It shall be unlawful for any person to be an operator of an adult entertainment establishment that does not satisfy all of the general requirements of Article III of this chapter.
C.
Allowing employee to engage in prohibited acts. It shall be unlawful
for an operator of an adult entertainment establishment, regardless
of whether it is licensed under this chapter, to knowingly or with
reason to know, permit, suffer or allow any employee to:
(1)
Engage in a lap dance with a person at the establishment;
(2)
Contract or otherwise agree with a person to engage in a lap dance
with a person at the establishment;
(3)
Contract or otherwise agree with a person to engage in any specified
sexual activity at the establishment;
(4)
Display or expose any specified anatomical area while simulating
any specified sexual activity with any other person at the establishment,
including with another employee;
(5)
Allow any person, excluding another employee, to touch any portion
of the clothed or unclothed body of the employee below the neck and
above the knee, excluding that part of the employee's arm below
the wrist, commonly referred to as the hand;
(6)
Engage in a private performance unless such person is in an area which complies with the special requirements of § 135-25B(3); or
(7)
Intentionally touch the clothed or unclothed body of any person at
the adult entertainment establishment, excluding another employee,
at any point below the neck and above the knee of the person, excluding
that part of the person's arm below the wrist, commonly referred
to as the hand.
D.
Advertising prohibited activity. It shall be unlawful for an operator
of an adult entertainment establishment, regardless of whether it
is licensed under this chapter, to advertise the presentation of any
activity prohibited by any applicable state statute or local ordinance.
E.
Minors prohibited. Except as otherwise provided by law, it shall
be unlawful for an operator of an adult entertainment establishment,
regardless of whether it is licensed under this chapter, to permit,
suffer or allow:
(1)
Admittance to the establishment of a person under 18 years of age;
(2)
A person under 18 years of age to remain at the establishment;
(3)
A person under 18 years of age to purchase goods or services at the
establishment; or
(4)
A person to work at the establishment as an employee who is under
18 years of age.
F.
Working at establishment that does not have valid adult entertainment license. It shall be unlawful for any person to work in an adult entertainment establishment that he or she knows or should know is not licensed under this chapter, except under the provisions of § 135-20, or which has a license which is under suspension, has been revoked or canceled, or has expired.
G.
Engaging in prohibited activity. It shall be unlawful for any employee
of an adult entertainment establishment, regardless of whether it
is licensed under this chapter, to:
(1)
Engage in a lap dance with a person at the establishment;
(2)
Contract or otherwise agree with a person to engage in a lap dance
with a person at the establishment;
(3)
Engage in any specified sexual activity at the establishment;
(4)
Display or expose at the establishment less than completely and opaquely covered any specified anatomical area unless such employee is continuously positioned away from any person other than another employee or is in an area as described in § 135-25;
[Amended 11-17-2014 by Ord. No. 2014-05]
(5)
Engage in the display or exposure of any specified anatomical area
while simulating any specified sexual activity with any other person
at the establishment, including with another employee;
(6)
Engage in a private performance unless such employee is in an area which complies with the special requirements set forth in § 135-25;
(7)
Intentionally touch the clothed or unclothed body of any person at
the adult entertainment establishment, excluding another employee,
at any point below the neck and above the knee of the person, excluding
that part of the person's arm below the wrist, commonly referred to
as the hand; or
(8)
Allow any person, excluding another employee, to touch any portion
of the clothed or unclothed body of the employee below the neck and
above the knee, excluding that part of the employee's arm below
the wrist, commonly referred to as the hand.
H.
Touching of employee by non-employee. It shall be unlawful for any
person in an adult entertainment establishment, other than another
employee, to intentionally touch the unclothed or clothed body of
any employee at any point below the neck and above the knee of the
employee, excluding that part of the employee's arm below the
wrist, commonly referred to as the hand.
I.
Exceeding occupancy limit of adult booth. It shall be unlawful for any person(s) to exceed the occupancy restrictions for an adult booth specified in § 135-25A(2).
J.
Use of rest rooms or dressing rooms.
(1)
Notwithstanding any provision indicating to the contrary, it shall
not be unlawful for any employee of an adult entertainment establishment,
regardless of whether it is licensed under this chapter, to expose
any specified anatomical area during the employee's bona fide
use of a rest room, or during the employee's bona fide use of a dressing
room which is accessible only and restricted to employees.
(3)
Notwithstanding any provision indicating to the contrary, it shall
be not deemed unlawful for any person to expose any specified anatomical
area during that person's bona fide use of a rest room.
K.
Hours of operation.
(1)
Except as provided in Subsection K(3) below, it shall be unlawful for any operator of an adult entertainment establishment to allow such establishment to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.
(2)
Except as provided in Subsection K(4) below, it shall be unlawful for any employee of an adult entertainment establishment to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.
(3)
Any operator of an adult dancing establishment which is permitted
to sell, serve or allow the consumption of alcohol beverages may remain
open for business, or permit an employee to engage in a performance,
solicit a performance, make a sale, solicit a sale, provide a service,
or solicit a service during the hours of operation provided in § 125.68(4)(c),
Wis. Stats.
(4)
Any employee of an adult dancing establishment which is permitted
to sell, serve, or allow the consumption of alcohol beverages may
engage in a performance, solicit a performance, make a sale, solicit
a sale, provide a service, or solicit a service during the hours of
operation provided in § 125.68(4)(c), Wis. Stats.
L.
Alteration of license. It shall be unlawful for any person to alter
or otherwise change the contents of an adult entertainment license
without the written permission of the Occupational Licensing Department.
M.
False statement or false information in applying for license. It
shall be unlawful for any person applying for an adult entertainment
license to make a false statement that is intended to facilitate the
issuance of a license or to provide false information that is intended
to facilitate the issuance of a license.
B.
A person who commits a violation is subject to a forfeiture of:
[Amended 11-17-2014 by Ord. No. 2014-05]
C.
A court shall suspend any license issued under this chapter to a
person for:
[Amended 11-17-2014 by Ord. No. 2014-05]
(1)
Not more than three days, if the court finds that the person committed
a violation within 12 months after committing one previous violation;
(2)
Not less than three days nor more than 10 days, if the court finds
that the person committed a violation within 12 months after committing
two other violations; or
(3)
Not less than 15 days nor more than 30 days, if the court finds that
the person committed the violation within 12 months after committing
three other violations.
D.
The court shall promptly mail notice of a suspension under this section
to the City Clerk/Treasurer who issued the license to the person.
[Amended 11-17-2014 by Ord. No. 2014-05]
