The following sections of the Wisconsin Statutes relating to
rabies control are hereby adopted by reference as a part of this chapter:
(A)
Section 95.21(1)(a) through (f), Wis. Stats.
(B)
Section 95.21(2)(a) through (g), Wis. Stats.
(C)
Section 95.21(3)(a) through (g), Wis. Stats.
(D)
Section 95.21(4), (5) and (6), Wis. Stats.
[Amended 4-13-2021 by Ord. No. 2021-007; 1-24-2023 by Ord. No. 2023-002]
(A)
License Required. No holder of a "Class B" or a Class "B" liquor
or beer license within the Village shall afford to the licensee's
patrons unless the licensee first shall have obtained a cabaret license
from the Clerk/Treasurer:
(1)
The music of one or more musicians.
(2)
Specifically feature or advertise dancing in the licensee's
premises using mechanical devices to produce music.
(3)
Furnish entertainment by, or performance of, any act, stunt,
or dance by performers under the licensee's auspices, whether such
performers or dancers are paid or not.
(4)
This section shall not apply to holders of a special event permit
issued under § 12.16 of this chapter.
(5)
A probationary or regular cabaret license, as defined in § 12.15(B)
and (C) of this chapter, and upon approval of the Village Board for
the issuance thereof, shall be issued such license for one or more
of the following specific uses, subject to compliance with further
conditions set forth by the Village Board:
(a)
A disc jockey utilizing mechanical devices to reproduce music.
(b)
Up to two musicians, not electronically amplified.
(c)
Two or more musicians electronically amplified.
(d)
Nonmusical entertainers, including but not limited to dancers,
actors, comedians, models or modeling, and magicians.
(e)
Any other live entertainment excepting live entertainment regulated
under the Village Zoning Ordinances.
(B)
Probationary Cabaret License.
(1)
The application for a cabaret license shall be on Village forms
and shall be filed with the Clerk/Treasurer and directed to the Village
Board, and shall be accompanied by the application fee.
(2)
The application shall contain the name of the applicant and
the location of the place to be licensed.
(3)
All such applications shall be accompanied by a nonrefundable
fee of $250.
(4)
Whenever such application is received by the Clerk/Treasurer,
the Clerk/Treasurer shall forward such application to the Kenosha
County Sheriff, the Building Inspector and the Fire Chief who shall
then each investigate or cause to be investigated such application
for the purpose of determining whether the place to be licensed will
comply with all the laws and regulations applicable thereto. The Sheriff,
the Building Inspector and the Fire Chief shall each, within 30 days,
thereupon furnish to of the Village Board in writing the information
derived from such investigation and the Village Board shall then hold
a public hearing on such application.
(5)
After such public hearing and after due deliberation in open
session, the Village Board shall approve or deny by majority vote.
Upon the favorable voting for granting of the license, it shall thereupon
be issued by the Clerk/Treasurer with such conditions as may be imposed
by the Village Board. In the event the application is denied, such
denial shall be based upon specific findings of facts.
(6)
Each probationary license granted under this section shall be
for a period of six months, and each probationary license shall be
subject to revocation as hereinafter provided.
(7)
Probationary licenses may be granted based upon the written
agreement of the applicant to comply with conditions set forth by
the Village Board. Conditions may only be imposed based upon evidence
presented which address the safety, health and welfare of the general
population including noise and crowd disturbances and parking.
(8)
The Clerk/Treasurer shall be responsible for drafting and issuing
all such probationary licenses. All such licenses shall specify the
name of the holder of the license and the dates for which it is applicable
as well as any conditions that may be imposed by the Village Board.
All such licenses shall be posted in public view at the licensed premises,
including all conditions.
(C)
Regular License.
(1)
After an applicant has held a probationary license for a period of six months, the Village Board shall consider the issuance of a regular license. Whenever such application for a regular license is received by the Clerk/Treasurer, the Clerk/Treasurer shall follow those notification procedures provided for in Subsection
(B)(5) of this section. Such consideration by the Village Board shall be preceded by an investigation by the Kenosha County Sheriff to determine if the licensee has complied with this section during the time that the probationary license has been in effect. The Sheriff shall thereupon furnish to the Board in writing the information derived from such investigation within 30 days after application for a regular license. The Sheriff shall also furnish the Village Board in writing with information relative to the investigation of any complaints received by the Sheriff concerning the holder of the probationary license. No application for a regular license will be taken earlier than 60 days prior to the expiration of the probationary license. If major structural modifications were not made to the premises, the Village Building Inspector may be required for renewal of a regular cabaret license.
(2)
Each regular license granted under this section shall expire
on June 30 of each year, and each license shall be subject to revocation
as hereinafter provided. The renewal applicant must sign and verify
that no structural changes were made to the premises and shall be
subject to an updated Sheriff's background report.
(3)
Regular licenses may be granted based upon the written agreement
of the applicant to comply with conditions set forth by the Village.
Conditions may be imposed which address the safety, health and welfare
of the general population including noise and crowd disturbances and
parking.
(4)
The Village Clerk/Treasurer shall be responsible for drafting
and issuing all such regular licenses. All such licenses shall specify
the name of the holder of the license and the dates for which it is
applicable as well as any conditions that may be imposed by the Village
Board. All such licenses shall be posted in public view.
(D)
Renewals.
(1)
Any holder of a regular license granted under this section or any holder of a license granted under a prior ordinance who wishes to renew that license and obtain a regular license shall submit his application for renewal at least 60 days before their present license expires. Such licenses may be renewed pursuant to the provisions of this section as it applies to notice being given by the Village Clerk/Treasurer and pursuant to the provisions of this section as it applies to investigation by the Sheriff's Department and action by the Village Board. Renewal applications not timely received shall be treated as a new application under Subsection
(B) of this section.
(2)
All such renewal applications shall be accompanied by a fee
of $150.
(E)
Regulations.
(1)
No dancing shall be permitted within six feet of a bar over
which patrons are directly served.
(2)
While dancing is in progress, the dance area shall be illuminated
by at least two footcandles per square foot.
(3)
Good order shall be maintained at all times including the exterior
of the licensed premises such as parking areas. Without limitation
due to enumeration, a lack of "good order" for purposes of this section
shall be deemed to include persistent loud noises to the annoyance
or detriment of surrounding property owners, patrons urinating in
public, using profane language or fighting.
(4)
The license holder shall insure that the building capacity set
by the Village Board or, in lieu thereof, by the Kenosha County Sheriff's
Department, after consultation with appropriate consultants, shall
be maintained at all times.
(5)
Adequate parking and, if deemed necessary by the Sheriff's Department
for safety reasons, lighted parking facilities shall be maintained
so as to accommodate anticipated capacities.
(6)
The license holder shall comply with all state statutes and
regulations and all county and Village ordinances.
(7)
Entertainment may be confined to a specified location on the
premises. "Premises" are defined for purposes of this section as the
enclosed structure or part of any enclosed structure licensed for
distribution of liquor and/or malt beverages as described in the application
for license on file with the Clerk/Treasurer. Cabaret licenses shall
not be issued for areas outside of an enclosed structure.
(8)
Music and other entertainment which is amplified inside shall
cease after 10:00 p.m. on Sunday through Thursday and 12:00 a.m. on
Friday and Saturday.
(9)
The management shall obey all reasonable orders or directions
of any law enforcement officer.
(10)
The performance of any act, stunt, or dance by performers under
the auspices of the management, other than musicians, shall be given
only on a raised portion of the floor separated by a railing or other
device from the patrons so as to deter patrons from participating
in any act, stunt or dance.
(11)
No license holder personally or through the licensee's agent
or employees shall permit any patron to participate in any act, stunt
or dance with performers who are under the auspices or furnished by
the management. This section does not apply to karaoke.
(12)
No patron shall participate in any act, stunt or dance by performers
who appear under the auspices of the management. This section does
not apply to karaoke.
(13)
No entertainer or musician shall associate or fraternize with
customers on the premises of the licensed establishment in which he
or she is currently performing in violation of the provisions of § 944.36,
Wis. Stats.
(14)
No licensee, personally or through the licensee's agent or employee,
shall advertise or produce lewd, obscene or indecent performances.
(15)
The top portion of the costume worn by female entertainers shall
be of nontransparent material. It must encircle the body, and the
areola of the breast must be completely covered. The lower portion
of the costume worn by male or female entertainers must completely
cover the entire pubic area and the cleavage of the buttocks and be
of nontransparent material.
(F)
Revocation of License.
(1)
A recorded hearing shall be held for the purpose of revoking
a license under this section. This hearing shall be preceded by written
notice to the holder of such license at least 10 days prior to said
hearing. All hearings for revocation shall be heard before the Village
Board, which hearings shall afford the holder of such license an opportunity
to present evidence on his or her behalf, to cross-examine witnesses
sworn under oath and all such other due process rights to which the
applicant may be entitled. The Village Board prior to revoking any
such license shall make specific findings of fact to support revocation
of the license. In lieu of revoking said license, conditions set by
the Village Board to address specific nuisances, dangers or hazards
may be imposed pursuant to this section.
(2)
Conviction for the violation of any provision of the Wisconsin
Liquor Laws, local zoning or building and sanitary codes or the cabaret
ordinance shall be sufficient for the Village Board to revoke such
license. In the event any regular license is revoked, the fee paid
for such license shall be forfeited and not returned to the holder.
(3)
The Village Board may, after the hearing described in Subsection
(F)(1), revoke any such cabaret license upon sufficient proof that the holder has permitted or suffered the licensed premises to be conducted by the licensee, employees, patrons or others in violation of health regulations or in a disorderly or improper manner, or in violation of the laws of the state or rules and regulations of the officers, boards, or commissions of the state applicable thereto, or for any reasons set forth in Subsection
(F)(2) or any violation of Subsection
(G), below.
(4)
Any license holder whose license is revoked may appeal to the
Board of Trustees in writing within 15 days of such decision.
(5)
If any cabaret license is revoked or rescinded, the applicant
may reapply after a period of one year. The applicant must show that
measures were taken to correct the deficiencies that caused the revocation.
Any applicant having their cabaret license revoked twice shall not
be permitted to reapply for five years.
(G)
Responsibility of Licensee. Over and above the other provisions
of this chapter and Chapter 125, Wis. Stats., every Class "A," "Class
A," Class "B," or "Class B," or "Class C" (if available) licensee
licensed under this chapter shall, during hours of operation of the
licensed premises, be responsible for the conduct of patrons and persons
who are not on the licensed premises, but are present on the following
described off-licensed premises' property:
(1)
Parking lot owned, leased or operated by licensee which serves
the licensed premises;
(2)
The lot upon which the building being the subject of the license
or parking lot serving the licensed premises is situated;
(3)
Loitering where accompanied by loud noise, threats, fighting,
open intoxicants, consumption of intoxicants, weapons use or display,
illegal drug use or sale, urination, or otherwise disturbing, disorderly,
or illegal conduct;
(4)
Loitering of persons under the influence of alcohol beverage
or drugs; hereinafter "loitering." The licensee shall be responsible
to monitor off-licensed premises property for compliance with this
section. The licensee shall have a duty to direct patrons or persons
engaged in loitering to immediately leave property. The licensee is
not to use physical force to remove any such person or patron. Should
notified persons and patrons fail to comply, licensee shall have an
obligation to call the Sheriff's Department for assistance. The licensee
may elect to first call the Sheriff's Department if the licensee has
concern for their safety. "Licensee" shall mean and include any person
having control of the operation of the licensed premises.
(H)
Administrative Suspension. Upon written request made and filed
with the Clerk/Treasurer by the Kenosha County Sheriff, the President
or the President Pro Tem in the absence of the President may immediately
suspend any license issued under this section. A written order of
administrative suspension shall be served upon the licensee. All licensed
activities shall remain suspended until completion of an administrative
review hearing. Upon administrative suspension, an administrative
review hearing shall be scheduled for license review within 10 days
pursuant to the terms of this section.
(I)
License Transfers. Any cabaret license issued pursuant to the
provisions of this section shall not be transferable.
(J)
Severability. If any section, clause, provision or portion of
this section is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this section shall not be
affected thereby.
(K)
Penalty. In addition to any other action taken by the Village
Board, anyone who violates any of the provisions of this section shall
forfeit not less than $250 and not more than $500 for each offense,
together with the costs of prosecution. If such forfeiture and costs
are not paid, he shall be imprisoned in the County Jail for not more
than 60 days.
[Added 1-24-2023 by Ord. No. 2023-003]
(A)
Purpose. This section is enacted to regulate and control outdoor
and indoor/outdoor special events and activities incidental to special
events within the Village of Somers to the extent that the health,
safety, and general welfare of the public and the good order of the
Village can be protected and maintained. It is recognized that special
events may include multiple activities which are subject to additional
Village licensing requirements. A special events permit does not authorize
the sale or dispensing of alcoholic beverages without an appropriate
license.
(B)
Definitions. As used in this section, the following terms shall
have the meanings indicated:
(1)
SINGLE SPECIAL EVENT PERMIT TERM — A permit issued for
a period of time up to 24 consecutive hours authorized by the reviewing
authority. No more than six single special event permits shall be
issued to a special event organizer in any calendar year and no single
special event permits shall be issued more frequently than once every
30 days.
(2)
RECURRING SPECIAL EVENT PERMIT TERM — A permit issued for a period of 365 days commencing on the first day of April and ending on the 31st day of March the following calendar year. Recurring special event permits may be issued to a special event organizer where the special event is located in the PR-1, A-2 or I-1 zoning districts within the Village where the special event organizer and the location of the special event historically has hosted numerous activities which would be considered special events under this section. Recurring special event permits shall only be issued to the owner of the property or to a lessee or licensee of the owner where such lessee or licensee has exclusive right to the use and possession of the property. In the event that a recurring special event permit is issued for a qualifying premises and someone other than the permittee under the recurring special event permit seeks to hold a special event, a separate single special event permit must be sought by the lessee or licensee of the party which is the permittee under the recurring special event permit. By way of illustration, in the event that a recurring special event permit is issued to the owner of a particular parcel and the owner allows another person, firm or organization to have an activity which would be considered a special event under this section, the organizer of that activity must make application as a special event organizer for a single special event permit and cannot conduct a special event under the recurring special event permit issued by the Village for such property. It is recognized by the Village that the holder of a recurring special event permit may not be in a position at the time of application for such permit to provide a description of all of the activities and/or dates for such activities for a calendar year due to the addition, cancellation or change of dates for such activities. As such, the holder of a recurring special event permit shall, not less than 30 days before the proposed special event, notify the Village Clerk/Treasurer of the date, time and general description of such special event and the periodic updating of special event information under a recurring special event permit shall be a condition of the permit pursuant to Subsection
(I), below.
(3)
REVIEWING AUTHORITY — The reviewing authority for special
events shall be the Village Board of Trustees unless such authority
is delegated in whole or in part by the Village Board to the Village
Clerk/Treasurer or to a committee of the Village Board established
for such purpose.
(4)
SPECIAL EVENT — An event, program or activity occurring
on a scheduled date, lasting no longer than 24 hours (in the case
of a single special event) or consisting of reoccurring consecutive
or nonconsecutive days (in the case of a recurring special event),
to which the general public is solicited or otherwise encouraged to
attend that may or may not require Village services. Types of special
events include, but are not limited to, concerts, parades, festivals,
marches, ceremonies, tournaments, exhibitions, expositions, fairs,
live music performances, markets, fundraisers or shows.
(5)
SPECIAL EVENT ORGANIZER — An approved applicant for a
special event. A special event organizer must be the owner, lessee
or licensee of the real property upon which the special event is to
take place.
(6)
VENDOR — A person, firm, party or business entity who,
as part of a special event, offers anything for sale, trade, use or
reuse, including but not limited to articles, food, produce, beverage,
goods, service, art, craft or product; or interacts with potential
customers in or around the special event, taking names for the purpose
of making future sales, offering applications or materials for future
sales, or in any other participating operation or attempting to publicly
sell or offer for sale any such article or service.
(C)
Permit Required. A special event permit shall be required under
this section prior to and as a condition of any person, party, firm
or corporation undertaking a special event. A special event permit
shall be issued in the name of the special event organizer, who shall
be responsible for the conduct and supervision of all activities authorized
under the special event permit, whether or not said special event
organizer is present at the special event location. However, this
does not preclude enforcement of statutory or ordinance violations
against individuals conducting the activities under such permit. A
special event permit issued pursuant to this section shall authorize
only those activities described in the permit.
(D)
Exceptions.
(1)
A special event organized and approved by the Village of Somers.
(2)
Activities which would otherwise be described as a special event
which have been organized and approved pursuant to a lease or other
agreement between an event organizer and the Village of Somers.
(E)
Application. Application for a special event permit shall be
fully completed, properly executed, and filed not more than 365 days
and not less than 30 days prior to the special event with the Village
Clerk/Treasurer on a form designed for that purpose. The application
shall:
(1)
Identify the special event organizer's name, address and
telephone number(s);
(2)
Set forth the exact date(s) and times of the special event;
(3)
Describe the specific location of the premises for which a special
event permit is sought, including a scaled site plan, detailing locations
for vending, entertainment, stages, portable restrooms, tents, parking,
garbage collection, etc.;
(4)
Include an operational plan describing the special event and detailing actions the special event organizer will take to support the objectives of this section. The operational plan must address the permit standards [Subsection
(H)] and permit conditions [Subsection
(I)] of this section;
(5)
Describe all Village services required, if any;
(6)
Any other relevant information requested on the application
form which is reasonably necessary to a fair determination as to whether
the special event permit should be issued.
(F)
Permit Application Fee. If filed 45 days or more prior to the
special event, the nonrefundable permit fee shall be $75 per event
application. If filed less than 45 days, but at least 30 days prior
to the special event, the nonrefundable permit fee shall be $150 per
event application. The following types of special events are exempt
from paying the licensing fee if the application is filed 45 days
or more prior to the date of the special event:
(1)
A special event presented by the Village or Town of Somers shall
be deemed to be a permitted special event.
(2)
Activities sponsored and organized by an accredited school,
school system, college, bona fide youth organizations, bona fide veteran's
organization, church or bona fide religious organization upon authorization
of the reviewing authority responsible for use of the Village property.
(G)
Review. Applications for special event permits shall be referred
by the Clerk/Treasurer to the Department of Public Works, Kenosha
County Sheriff's Department, Fire Department, and any other affected
Village department for review and written comment. Within 10 days
of receiving the application the Village and any other affected Department
shall send their comments to the Clerk/Treasurer to be forwarded to
the reviewing authority for consideration. Upon the conclusion of
the ten-day departmental review period, the reviewing authority shall
complete its review and grant, grant with conditions or deny the application
within 28 days. Whenever a permit application is denied, a statement
of the reason(s) for denial shall be provided to the applicant in
writing.
(H)
Standards for Permit Issuance. The reviewing authority shall
consider the following standards for permit issuance and grant a permit
only upon finding that:
(1)
The proposed special event is incidental to an appropriate recreational
or cultural use of the location, taking into consideration all land
use regulations for the location, including zoning and any conditional
use permit requirements.
(2)
The operational plans submitted by the special event organizer
will promote the health, safety and general welfare of the public
and the good order of the Village.
(3)
The activity or use will be in compliance with applicable federal,
state, county and Village laws, rules and regulations.
(4)
The activity or use will not create an unreasonable risk of
loss of life, personal injury or property loss or damage or otherwise
threaten the public health, safety or welfare.
(5)
The activity or use will not unreasonably interfere with the
use of the location or surrounding areas by the general public and
is consistent with uses in the surrounding neighborhood.
(6)
The activity or use will not entail an unusual, extraordinary
or burdensome expense to the Village which is not recovered in the
permit fees or charges.
(I)
Permit Conditions. Because all special events are unique and
independent in terms of type, purpose, location, size, duration and
participation, presenting unique issues and circumstances and challenges
with regard to the health, safety and general welfare of the public,
the reviewing authority, as a condition of issuance, may adopt reasonable
operational rules, regulations and requirements for the special event.
Notwithstanding the foregoing, the following permit conditions are
applicable to all special events:
(1)
Compliance with applicable federal, state, county and Village
laws, rules and regulations including licensing conditions and operational
requirements.
(2)
Execution of an indemnity and hold harmless agreement.
(3)
Provide private security for traffic, parking and/or crowd control.
(4)
Clean up area immediately following use.
(5)
Supervise all persons using the location under authority of
the special event permit to ensure compliance with the permit conditions.
(6)
Reimbursement to the Village of costs incurred in enforcing
permit standards and conditions.
(7)
Procure and maintain one or more liability insurance policy(ies) written by one or more insurance company(ies) licensed to do business in the State of Wisconsin as required by Subsection
(L) of this section.
(8)
Procure any other license or permit required for the activity.
(9)
No later than 14 days prior to the event, submit a list of all
vendors who will be vending during the special event. If a special
event consists of reoccurring nonconsecutive days, the vendor list
must be amended to reflect additions when applicable.
(10)
Have separate, clean and immediately accessible toilet facilities
for each sex on the premises.
(J)
Village Services.
(1)
Special events provide recreational programs which are an enhancement
to the quality of life for the residents of the Village to which the
Village may contribute Village services. If the special event will
require the use of Village equipment or services, the special event
organizer shall pay the actual cost, as determined by the Village
staff, for the use of such equipment or services.
(2)
This may include, but is not limited to, equipment rental; equipment
installation; personnel costs for setup and teardown; and waste removal.
As a condition of approval of an application, the applicant shall
pay, at the time the application is filed, the cost of any Village
services identified. The cost for use of Village venues with regularly
established fees, for protective services provided by the Kenosha
County Sheriff's Department and the Somers Fire Department, as
well as costs paid to third parties such as utility charges and insurance
premiums, shall be the sole responsibility of the special event organizer.
All charges shall be paid in full within 30 days of billing.
(3)
A special event presented by the Village or Town of Somers shall
be exempt from paying the costs described herein.
(K)
Issuance. To assure that conditions and insurances are in place throughout the special event, proof of insurances required pursuant to Subsection
(L) shall be a condition of issuance.
(L)
Insurance.
(1)
Coverage.
(a)
If the special event will occur partially or entirely on Village
of Somers property, the special event organizer shall, at a minimum,
procure and maintain during the term of the special event occurrence
based insurance policies, hereinafter specified insuring the special
event and all associated special event activities. The reviewing authority
may require additional coverages and/or increased coverage when deemed
necessary.
(i) Commercial general liability:
[a] General aggregate: $2,000,000.
[b] Each occurrence: $1,000,000.
(ii) Automobile liability (when required as a permit
condition):
[a] Combined single limit coverage for bodily injury
and property damage per accident in the amount of $1,000,000.
(iii) Liquor liability coverage (when alcohol is approved
for the special event):
[a] General aggregate: $1,000,000.
[b] Each occurrence: $1,000,000.
(iv) Umbrella liability in the following amounts over
the commercial general liability and automobile liability amounts
listed herein (when required as a permit condition):
(b)
The commercial general liability coverages required herein may
be subject to a deductible or self-insured retention. If the commercial
general liability insurance coverage policy has a deductible or self-insured
retention, said deductible or self-insured retention cannot exceed
$5,000. The umbrella liability policy shall not contain exclusions
or exceptions not present in the general liability insurance policy.
(2)
Certificate of Insurance. The insurance coverages listed above
shall be verified by a certificate of insurance issued to the Village
and shall provide that should any of the described policies be canceled
before the expiration date thereof, the issuing company will mail
10 days' written notice to the certificate holder.
(3)
Additional Named Insured Endorsement. For special events requiring
insurance coverage, the Village must be named as an additional insured
on the commercial general liability, automobile liability, liquor
liability and the umbrella liability. The special event organizer
shall provide the Village with a copy of the endorsement(s) naming
the Village as an additional insured.
(4)
Cancellation Endorsement. All insurance policies maintained
pursuant to this section will provide by endorsement that they may
not be terminated nor may coverage be reduced except after 10 days'
prior written notice to the Village. The special event organizer shall
provide the Village with a copy of the cancellation endorsement.
(5)
Primary Insurance Endorsement. All policies maintained pursuant
to this section will provide by endorsement that said policies are
primary, not contributing with and not supplemental to the coverage
that the Village may carry. The special event organizer shall provide
the Village with a copy of the primary coverage endorsement.
(6)
Waiver of Subrogation Endorsement. All policies maintained pursuant
to this section shall, by endorsement, waive all claims of subrogation
and/or contribution against the Village that the insurer may have
arising out of the special event. The special event organizer shall
provide the Village with a copy of the waiver of subrogation endorsement.
(M)
Laws. There must be strict compliance with all applicable laws, specifically including the Fire Prevention Code and related permit requirements and when alcohol is served obtaining state-required licenses embodied in Chapter
11 of the Code of General Ordinances.
(N)
Protective Service Accessibility. At any time during the application
review process or during the operation or maintenance of the special
event, the special event organizer and every affected vendor shall
comply with the orders or directives of members of the Kenosha County
Sheriff's Department or Somers Fire Department regarding the
keeping of accessibility lanes open for potential and actual emergency
response. Failure to comply with such lawful orders or directives
is a violation of this chapter, which may result in the closure of
a portion of the special event, closure of the entire special event,
and/or citations appropriate under the Code of General Ordinances.
(O)
Operational Regulation. A special event must be operated in
strict compliance with the terms of this section, the approved application
and supporting documentation and all permit conditions adopted by
the reviewing authority. Failure to do so shall be subject to an order
to suspend and terminate the special event or event activities at
the sole discretion of the enforcement authorities in furtherance
of this section.
(P)
Enforcement. The enforcement of this section shall be under
the jurisdiction of the Village Building Inspector, Somers Fire Department
and Kenosha County Sheriff's Department, who shall have the authority
to inspect a special event to determine compliance with this section.
(Q)
Suspension or Revocation of Permit. The reviewing authority may suspend or revoke any permit issued hereunder which is operated contrary to the terms of a permit issued under this section, upon providing permit holder with a reasonable time, not to exceed 10 days, in which to file a written request with the Village Clerk/Treasurer to be heard in said matter, and show cause why the proposed action should not be taken. However, a permit may be administratively suspended by an enforcing authority identified in Subsection
(P) without prior notice or opportunity to be heard where it constitutes an immediate danger to the public health, safety or welfare, where the special event is not operated in conformance with representations made in the application and the approved permit contrary to the provisions of this section. In such cases, an opportunity for a post-removal hearing shall be provided following the foregoing provisions for an appeal.
(R)
Penalty. Any person, firm, corporation or permittee who violates
any provision of this section shall, upon conviction, forfeit not
less than $200 and not more than $500, plus costs of prosecution,
in addition to all applicable surcharges and assessments. A person
may be incarcerated in the County Jail for not more than 90 days for
nonpayment of their forfeiture.