[HISTORY: Adopted by the Village Board of the Village of
Salem Lakes as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-8-2019 by Ord.
No. 2019.07-5]
In recent years there has been an ever-increasing number of
establishments whose principal business or activity consists of providing
patrons and frequenters entertainment and amusement by the use of
mechanically operated or electronic games and devices, and such establishments
by the very nature of the services offered are attractive to and become
loitering places for children of school age and are subject to the
congregation of patrons and frequenters both within and without the
premises, and the Village Board having determined that such amusement
establishments require licensing and regulations to ensure safety,
health and general welfare of the entire community enacts this article.
[Amended 7-12-2021 by Ord. No. 2021.07-35]
As used in this article, the following terms shall have the
meanings indicated:
Pool tables of all types; pinball machines; mechanical, electronic
or video games; games of chance or skill and related machines designed
to provide amusement, entertainment or recreational activities.
Any place or location within the Village of Salem Lakes wherein
three or more amusement devices as herein defined are kept for the
purpose of providing amusement, entertainment or recreation to patrons
or frequenters. This article shall apply to all such establishments,
except any establishment holding a valid "Class B" intoxicating liquor
or Class "B" fermented malt beverage license.
A licensed establishment offering or allowing live entertainment.
No person, firm or corporation shall operate or maintain an amusement establishment consisting of three or a combination of three amusement devices as set forth in the definition of "amusement device" in § 180-2 above without first obtaining a license to be issued by the Village Clerk upon approval of the Village Board. The fee for such license shall be as provided in § 272-1 for each amusement device located on the premises. The licensee shall advise the Village Clerk and pay the additional fee for any increase in the number of devices over the number for which the annual fee has been paid. Licenses granted under this article are not transferable to any other person or location without prior application and approval by the Village Board in the same manner as set forth in this article for the initial license. There shall be no proration or rebate of license fees, and all licenses, whether for a full or partial year, shall expire at 12:00 midnight June 30. Applications for renewal of licenses shall be filed with the Village Clerk on or before the first day of June of each year.
A.
Applications for an amusement establishment license shall be addressed
to the Village Clerk and shall contain the following information:
(1)
Name and address of the applicant.
(2)
If the application is in the name of a partnership, then the name,
address and age of each partner, or if applicant is an association,
the name, address and age of each associate. In the event the applicant
is a corporation, the same information shall be required as to each
officer of the corporation and the registered agent of the corporation.
It shall be the obligation of the applicant, if a license is granted,
to keep the Village Clerk informed of any changes in management or
ownership of the applicant's establishment.
(3)
The trade name under which the establishment will be maintained and
operated, a detailed description of its location and a sketch showing
all areas and all buildings and improvements and the name and address
of the supervisor of the establishment as hereinafter set forth, and
the general methods of operation of the establishment.
(4)
Such other relevant information as the Village Clerk or the Village
Board shall require.
B.
The application shall be referred to the Village Board, which shall
refer the matter to the Building Inspector and Fire Chief, who shall
inspect the applicant's premises either jointly or individually within
15 days after receiving copies of the application, and each shall
report, in writing, to the Village Board as to whether or not the
premises shall meet all of the requirements of this article. Nothing
herein contained shall limit the Village Board from making such further
investigation as it may deem necessary.
A.
The premises or establishment to be occupied as an amusement establishment
shall be located only in a business zoned district. Said establishment
shall be located completely at the ground or street level and shall
have windows which provide a view from the street. Said establishment
shall have at least two accessible and marked exits to the outside,
which shall be located for easy access for patrons and frequenters;
in addition, during the hours of operation, no entrances or exits
shall be locked. Amusement establishments shall have separate washrooms
and toilets for each sex, which shall be immediately accessible and
shall be maintained in a clean and adequate manner.
B.
The maximum number of patrons or frequenters permitted shall be determined
by the Building Inspector based on Department of Safety and Professional
Services standards, which numbers shall be posted in each room of
the establishment. It shall be the responsibility of the licensee
or its agent, if a corporation, to regulate ingress and egress of
persons into the establishment to comply with the maximum permitted
number as posted on the premises.
The licensee, whether an individual, partner or corporation,
shall appoint an adult supervisor who shall be on the licensed premises
in charge of all activities at all times when the establishment is
open to the public, and in the event that the supervisor shall be
an employee or agent of the licensee, the licensee shall be responsible
for all acts or omissions of the supervisor. In the event that the
supervisor shall be a person other than the licensee, it shall be
the licensee's obligation to inform the Village Clerk of the name,
address and age of any such supervisor.
A.
No licensee or supervisor shall permit any person under the age of
18 years to remain on the premises between the hours of 10:30 p.m.
and 8:00 a.m. Sunday through Thursday and 12:00 midnight and 8:00
a.m. Friday and Saturday unless said minor is accompanied by a parent
or legal guardian.
B.
No licensee or supervisor shall permit any person under the age of
18 years to be present on the premises from 8:00 a.m. to 3:30 p.m.
on school days when classes are scheduled to be held in the Westosha
Central High School, Wilmot High School, and Riverview, Salem, Wilmot
and Wheatland Grade Schools.
C.
No gambling shall be permitted on the premises.
D.
No fermented malt beverages or alcohol shall be allowed or permitted
to be consumed or brought into the licensed premises. An establishment
holding a "Class B" intoxicating liquor or Class "B" fermented malt
beverage license shall be subject to § 125.07, Wis. Stats.,
relating to the presence of minors on the premises of a "Class B"
intoxicating liquor or Class "B" fermented malt beverage establishment.
E.
No amusement establishment shall have on the premises material harmful
to minors as set forth in § 948.11, Wis. Stats.
F.
The Village of Salem Lakes ordinances relating to disorderly conduct
shall apply to all patrons and frequenters on the premises, and the
licensee or supervisor shall not permit such disorderly conduct and
shall take all reasonable steps, including requesting assistance from
law enforcement officers, to prohibit such conduct.[1]
The violation of this article or of any Village of Salem Lakes,
County of Kenosha, State of Wisconsin or federal laws, rules and regulations,
or permitting others to violate such ordinances, laws, rules and regulations
on the premises, shall be sufficient grounds for revocation of the
license by the Village Board. Upon receipt of a verified complaint
filed with the Village Clerk alleging that the licensee has violated
the provisions of this article, said complaint shall be referred to
the Village Board, which shall forward a copy of the complaint to
the licensee and shall hold a public hearing on the matter on not
less than 10 days' notice of the date of said hearing, at which time
the Village Board shall hear all relevant evidence from the complainant
and the licensee. The parties may be represented by counsel, and a
record of the proceedings shall be made by the Village Clerk. The
proceedings may be taken by mechanical recording. At the conclusion
of the hearing, the Board shall take the matter under advisement and
may dismiss the complaint or suspend or revoke the license.
In addition to the revocation of license, as set forth herein,
any person, firm or corporation violating the provisions of this article
shall, upon conviction thereof, pay a forfeiture of not less than
$100 nor more than $200 for the first offense and not less than $200
nor more than $500 for the second conviction within one year, and
penalties and costs of prosecution. In the event that said fines and
costs are not paid as directed by the court, the court may direct
imprisonment in the Kenosha County Jail for a period of not more than
60 days.
[Adopted 7-8-2019 by Ord.
No. 2019.07-5; amended in its entirety 7-12-2021 by Ord. No. 2021.07-35]
No person shall operate, conduct or manage a public dance hall,
cabaret or amusement place, to which the public is admitted, within
the corporate limits of the Village of Salem Lakes, Kenosha County,
Wisconsin, without first having obtained a license for that purpose
as hereinafter provided.
Every person desiring to operate, conduct or manage a dance hall, cabaret or amusement place, to which the public is admitted, within the limits of the Village of Salem Lakes shall first have complied with every provision of the statutes of the State of Wisconsin and shall then obtain from the Village Clerk a license so to do, and shall pay into the treasury a per-annum fee as provided in § 272-1.
Application for such license shall be made to the Village Clerk, who upon satisfaction that the statutes of the State of Wisconsin have been observed shall, upon payment of the per annum fee as provided in § 180-10 hereof, issue to the applicant a license to operate, conduct and manage a dance hall, cabaret or amusement place to which the public is admitted.
Every license issued pursuant to this chapter shall be subject
to the following provisions:
A.
No licensee or supervisor shall allow live entertainment out of doors unless expressly authorized by a conditional use permit pursuant to § 490-33.3.
B.
No licensee
or supervisor shall allow live entertainment indoors between the hours
of 10:00 p.m. and 8:00 a.m. Sunday through Thursday and 12:00 midnight
and 8:00 a.m. Friday and Saturday unless expressly authorized in advance
by a special license issued by the Village Board and subject to such
restrictions as the Village Board may impose.
Every person violating this article, upon the conviction thereof,
shall be punished by a fine of not less than $100 nor more than $300.
Each day the person is in violation of this article is a continuing
violation and may subject the individual to a forfeiture of not less
than $100 nor more than $300 per day.
