[HISTORY: Adopted by the Village Board of the Village of
Birnamwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-21-1994 by Ord. No. 10-94-1]
A.
PRIVATE CLUBS
As used in this article, the following terms shall have the meanings
indicated:
Any association, person(s), firm or corporation, key club,
bottle club, locker club, pool club, or any other kind of club or
association excluding the general public from its premises or place
of meeting or congregating, or operating or exercising control over
any other person, where persons are permitted to drink alcohol beverages
other than in a private home.
B.
Whenever the term "stockholders" is used in this article, it shall
apply only to those stockholders who receive, or whose rights as a
stockholder are ordinarily intended to cause him to receive, a financial
return on his stock.
For purpose of license and regulation, private clubs shall be
divided into three classes:
A.
Class "A" private clubs shall include those clubs, associations or
corporations falling within the general term of "private club" as
above defined, which are charitable, educational, recreational, and
which are not operated for profit, and which hold and maintain an
income-tax-exempt status under the regulations and rulings of the
Internal Revenue Service of the United States.
B.
Class "B" shall include restaurants open to the general public but
maintaining a private room opening into the restaurant, which private
room is used as a private club, as defined herein. No food may be
served in said private room nor dancing permitted in said private
room or in the adjacent restaurant.
C.
Class "C" shall include any other private club, as defined herein.
It shall be unlawful for any association, person, firm or corporation
to maintain or operate any private club after the enactment of this
article without first paying in advance to the Village Clerk-Treasurer
a license fee hereinafter prescribed and making application for a
license therefor on forms provided by the Village Clerk-Treasurer,
and receiving a license from the Village Clerk-Treasurer.
Any applicant for a license for a private club shall file with
the Village Clerk-Treasurer true copies in duplicate of the articles
of incorporation and bylaws, if the applicant be a corporation; true
copies of any articles of association and bylaws, if the applicant
be an association; and a list of the officers, directors, owners and
managers of said club and stockholders.
If changes occur in the aforesaid officers, directors, stockholders,
owners or managers of any private club after filing of their names
with the Village Clerk-Treasurer as aforesaid at any time during the
year, said applicant shall furnish such changes in writing in duplicate
on the forms provided by said Village Clerk-Treasurer within one week
after their occurrence.
The Village Clerk-Treasurer shall forward one copy of said list
of officers, directors, stockholders, owners and managers to the Chief
of Police, who shall cause a check to be made of any criminal record
of any of the persons named therein and report in writing thereafter
to said Village Clerk-Treasurer as to his findings.
Applicants for class "B" or "C" licenses shall be either corporations
or associations incorporated in this state with written articles of
association and bylaws. Said articles or bylaws shall provide for
regular election of officers or directors.
No person shall be eligible to election or to serve or act in
any private club subject to this article as an officer, director,
stockholder, owner or manager, or to direct any policy thereof, who
has been convicted of any felony or of violating any of the gambling
or prohibitory laws of the state or any other state or the United
States, including those heretofore in effect; or who has been convicted
of violation of any of the gambling or prohibitory liquor ordinances
of any city in the state; provided, however, that any person holding
such a position in any private club licensed under this article and
operating at the time of its enactment shall not be subject to this
section as to the position he holds at the time of such enactment.
It shall be unlawful for any private club or any officer, director,
stockholder, owner or manager thereof licensed pursuant to the provisions
of this article to violate any of the provisions of the state alcohol
beverages law or any of the gambling laws of the state or knowingly
permit the violation thereof on any premises subject to the control
of said private club.
No private clubs, as defined herein, shall be licensed to operate
within 300 feet of any church, school or residential property, measured
from the nearest point of such church or school land on which there
is located a church building or school building in normal use for
such purposes to the nearest point of the proposed private club building
in the normal and usual course of travel; provided, however, that
the limitations of this section shall not apply to a private club
which is in operation at the time of the passage of this article even
though it be nearer a church, school or residential property than
300 feet.
No private club licensed pursuant to the provisions of this
article shall have or make any rental or lease agreement with any
other person, firm, trust, estate, corporation or other entity providing
for any rentals based upon percentage of profit of the private club,
but any rentals paid or to be paid shall be on a fixed basis without
relation to any income, volume or profit of said private club.
The right of entry and inspection of any premises subject to
the control of any private club by any officer or agent of any department
of the Village charged with the enforcement of the provisions hereof
shall be a condition on which every license shall be issued, and the
application for and the acceptance of any license hereunder shall
conclusively be deemed to be consent of the applicant and licensee
to such entry and inspection.
Membership in any private club subject to this article shall
be regulated by articles or bylaws. Upon election to membership in
any private club, a membership card shall be issued to the member
and his name enrolled on a list of members, which shall be kept on
the premises of every private club and be subject to inspection at
all times. Said list of members shall show the full name of the member,
his address and the dates of his application for membership and election
to membership. The bylaws or articles may provide for temporary membership
for nonresidents of the Village temporarily present in the Village
as members of another organization holding a meeting in the Village.
Said temporary membership shall extend to all members of the organization
affected. Said temporary membership shall be effected by notice in
writing to the presiding officer of the organization meeting in the
Village, limiting the time of temporary membership to the time the
organization shall meet in the Village. A copy of said notice shall
be filed with the Village Clerk-Treasurer. Any convention badge or
identification of membership in the visiting organization selected
by the private club shall serve as the temporary membership card.
It shall be unlawful to permit any person under the age of 21
years in or on that part of the premises subject to the control of
any private club where persons are permitted to drink alcohol beverages
unless accompanied by and in custody of one of his parents or guardian.
A separate license must be obtained for each branch established
or separate place operated by any private club, and each license shall
authorize the operation of a private club only at the location described
in such license and in conformity with the ordinances of the Village
or the laws of the state and the United States, and no license shall
be transferable to another person, firm, association or corporation
or to any other location.
Every private club having a license under the provision of this
article shall place and exhibit it in some conspicuous place in the
premises licensed and shall produce or exhibit the same when applying
for a renewal thereof.
Every private club having a license under the provisions of
this article shall close and remain closed, permitting no members
other than employees to remain on the premises of the club between
the hours of 2:00 a.m. and 6:00 a.m. of each day.
Every private club licensed or any applicant for a private club
license pursuant to this article shall be subject to all other ordinances
of the Village, including but not limited to the applicable provisions
of the building code, fire prevention code, health regulations, zoning
ordinances, food-handling ordinances and restaurant ordinances.
The Village Clerk-Treasurer shall cause the Chief of Police,
the Building Official, Fire Marshal and the Health Officer to make
due investigation of the application and, upon being notified by them
that all of the applicable ordinances of the Village have been complied
with, shall issue the license. The annual license fee for such license
shall be as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
One who commits any of the above may be found guilty of a Class
A misdemeanor, and in violation of Wisconsin Statutes Crimes (Chs.
938 to 951) § 944.20, Lewd and lascivious behavior, and
subject to the penalties under this law.
[Adopted 10-21-1994 by Ord. No. 10-94-3]
It shall be unlawful for any person to perform, or for any licensee
or manager or agent of the licensee to permit any employee, entertainer
or patron to engage in, any live act, demonstration, dance or exhibition
on the licensed premises, which:
A.
Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; or
B.
Exposes any device, costume or covering which gives the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
C.
Exposes any portion of the female breast at or below the areola thereof;
or
D.
Engages in or simulates sexual intercourse or any sexual contact,
including the touching of any portion of the female breast or the
male or female genitals.
In addition to any other penalties provided for violation of
this article, any liquor license issued by the Village of Birnamwood
shall be subject to suspension, revocation, or nonrenewal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
One who commits any of the above may be found guilty of a Class
A misdemeanor, and in violation of Wisconsin Statutes Crimes (Chs.
938 to 951) § 944.20, Lewd and lascivious behavior, and
subject to the penalties under this law.
