[HISTORY: Adopted by the Common Council of the City of Arcadia 10-2-2019 by Ord. No. 2019-6. Amendments noted where applicable.]
A.
No person shall allow, permit, hold or conduct on premises owned
or controlled by that person a public dance, except such as may be
held within or on premises duly licensed, or expressly excepted, under
the provisions of this chapter.
B.
All such dance hall licenses shall expire on the 31st day of December
next following the date of issue.
A.
All applications for dance hall licenses and permits shall be in
writing on forms prescribed by the City Clerk; shall be signed by
the applicant; shall contain the applicant's name, title, address
and telephone number; shall be directed to the Common Council of the
City of Arcadia and filed with the City Clerk at least two days prior
to any meeting of the Common Council at which action thereon may occur;
shall contain the address of the premises where such dance hall is
or will be located, established, conducted or managed; shall include
a diagram of the premises in which the dance hall will be located;
shall name any and all persons having any legal interest in the premises
or business, and shall be filed only after payment to the City Clerk
of the appropriate license fee and permit fee.
B.
The standards upon which the premises shall be judged in regard to
suitability for holding public dances shall be whether public health,
safety or welfare may be affected thereby. The dance hall shall conform
to the Wisconsin State Building Code, including but not limited to
compliance with capacity limits and with fire suppression system requirements;
shall have clean, sanitary and adequate restrooms with running water
and properly operating plumbing; shall have adequate and proper ingress
and egress; shall have adequate and proper fire exits; shall have
adequate and proper lighting; shall have proper ventilation; shall
have adequate, sufficient, proper, lighted, off-highway parking for
patrons; shall have adequate entrance and exit lanes from the nearest
public street to allow emergency vehicles to approach the dance hall;
and shall have adequate facilities in every respect to protect the
public's well-being, or no dance hall license or permit shall
be issued.
A.
An annual dance hall license fee of $100, unless a higher fee is
established by resolution of the Common Council, shall be paid to
the City Clerk by the owner of such premises at the time of making
application for such license. This fee shall cover the cost of having
the Fire Chief and Chief of Police of the City of Arcadia inspect
the dance hall's facilities and operations to ensure that the
provisions of this chapter are being complied with.
B.
Such license shall be nontransferrable; the fee shall not be prorated
for any number of months; and shall be for the particularly described
premises at a period to expire on December 31 of the year in which
the same is granted.
The following rules and regulations shall govern the conduct,
operation and management of all public dances:
A.
No person who is the proprietor of any dance hall, or who conducts,
manages, or who is in charge of any dance hall, pavilion, or place
where public dancing is permitted, either free of charge or otherwise
in this City, shall permit during any public dance held in such a
hall or pavilion the presence of obviously intoxicated persons or
a person obviously under the influence of drugs in such dance hall,
or on the premises on which such dance hall is situated, or the presence
of any person contrary to the provisions of statutes of the State
of Wisconsin.
B.
Music at public dances shall be discontinued for the night at 1:00
a.m.; the dance hall shall be closed to the public at 2:00 a.m. Monday
through Friday and at 2:30 a.m. on Saturday and Sunday, and the dance
hall shall not reopen thereafter until 8:00 a.m. on any day. Notwithstanding
the foregoing, the owner or tenant shall be permitted to remain in
the dance hall for an additional 30 minutes after the specified closing
time solely for the purpose of cleaning the dance hall.
C.
All public dances held in the nighttime shall be kept well and sufficiently
lighted at all times, with no shade or screen covering the windows.
D.
All exits must be kept unlocked from the interior at all times during
a public dance.
E.
No decorations shall be used which are flammable.
F.
No person shall remain in or about a dance hall when a public dance
is being held therein after having been requested to leave said hall
and premises by any police officer of the City of Arcadia or the owner
or tenant of said dance hall.
G.
No person shall conduct himself at a public dance or on dance hall
premises in a boisterous, abusive, obscene or disorderly manner while
attending the same.
H.
No intoxicating liquors shall be sold, served on, or consumed on
the premises on which a dance hall is located. No fermented malt beverages
or wine may be sold in the premises on which a dance hall is located.
Wine and fermented malt beverages may be served or consumed on the
premises where the dance hall is located, but no cover charge or other
fee may be imposed upon admission to or exit from a dance hall nor
may any fee which indirectly would represent payment for the sale
of alcohol beverages be assessed, and only with an appropriate license
therefor issued by the City.
I.
The owner, proprietor, and tenant shall comply with all applicable
laws in constructing, repairing, maintaining, and operating the dance
hall.
Notwithstanding any provision herein to the contrary, no person
conducting a public dance on property owned by any public school,
municipality, or organization recognized as exempt from federal income
taxes as a religious organization pursuant to 26 U.S.C. § 501(c)(3)
shall be required to obtain a dance hall license or permit as required
by the terms and conditions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any room, building, facility, or place, or portion thereof,
at which a public dance may be held, and including, but not limited
to, a hall, cabaret, or facility where the public dance may actually
be held, all rooms, hallways or other parts of the same building and
all adjoining premises adjacent to or near the building, area or space
used for dancing, that is set aside or customarily used for parking
vehicles and the ingress and egress of patrons of the dance or establishment.
The term "dance hall" shall also include a room, building, facility,
or place, or portion thereof, which is held out for rent to or use
by the public for parties celebrating birthdays, weddings, anniversaries,
holidays, or other special occasions, but shall not include a premises
for which a license for on-premises consumption of intoxicating liquor
has been issued and is in effect.
A city, village, town or school district.
Includes a natural person, corporation, limited-liability
company, or partnership.
Any dance or parties celebrating birthdays, weddings, anniversaries,
holidays, or other special occasions at which admission may be had
by private invitation or by the public, whether free or otherwise.
Any person who shall violate any of the provisions of this chapter
or who shall falsely represent age, parentage, or guardianship of
any child in order to secure the admission of such child to a public
dance or who falsely represents the age, parentage, or guardianship
of any child under the age of 18 years in order to secure permission
for such child to continue to attend such dance shall forfeit a sum
of not less than $25 nor more than $200 or in default thereof, shall
be imprisoned in the County Jail for one day for each $50 of unpaid
forfeiture.
It is the intent of this chapter that its provisions are separable
and the holding of any provisions unconstitutional or void shall not
affect the remainder thereof.
This chapter shall take effect and be in force upon passage
and publication as provided by law.
