[HISTORY: Adopted by the Common Council of the City of Neillsville as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 7, Ch. 2, of the 1985 Code]
[Amended 5-12-1998 by Ord. No. 957]
The provisions of Ch. 125 and §§ 778.25 and 938.344, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except provisions therein relating to penalties to be imposed, are hereby adopted by reference and made a part of this article as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this article. Any future amendment, revisions or modifications of the statutes incorporated herein are intended to be made a part of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
As used in this article, the terms "alcohol beverages," "intoxicating liquors," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages," and "wholesalers" shall have the meaning given them by Ch. 125, Wis. Stats.
[Amended 5-12-1998 by Ord. No. 957]
No person, firm or corporation shall vend, sell, deal or traffic in or have in his/her possession with intent to vend, sell, deal or traffic in or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage in any quantity whatever, or cause the same to be done, without having procured a license as provided in this article nor without complying with all the provisions of this article, and all statutes and regulations applicable thereto, except as provided by §§ 125.26, 125.27, 125.28, 125.32 and 125.51, Wis. Stats.
[Amended 9-8-1994 by Ord. No. 922; 5-12-1998 by Ord. No. 957; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Retail Class "A" intoxicating liquor license. A retail Class "A" intoxicating liquor license, when issued by the City Clerk-Treasurer under the authority of the Common Council, shall permit its holder to sell, deal and traffic in intoxicating liquors only in original packages or containers, and to be consumed off the premises so licensed.
B. 
Retail Class "B" intoxicating liquor license. A retail Class "B" intoxicating liquor license, when issued by the City Clerk-Treasurer under authority of the Common Council, shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed, and in the original package or container, in any quantity, and to be consumed off the premises.
C. 
Class "A" fermented malt beverage retailer's license. A Class "A" retailer's fermented malt beverage license, when issued by the City Clerk-Treasurer under the authority of the Common Council, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages only for consumption away from the premises where sold, and in the original packages, containers or bottles.
D. 
Class "B" fermented malt beverage retailer's license. A Class "B" fermented malt beverage retailer's license, when issued by the City Clerk-Treasurer under the authority of the Common Council, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages, either to be consumed upon the premises where sold or away from such premises. The holder may also sell beverages containing less than one-half of a percentum of alcohol by volume, without obtaining a special license to sell such beverages.
E. 
Special Class "B" fermented malt beverage picnic license.
(1) 
As provided in § 125.26(1) and (6), Wis. Stats., temporary Class "B" fermented malt beverage licenses may be issued to bona fide clubs and chambers of commerce, to county or local fair associations or agricultural societies, to churches, lodges, or societies that have been in existence for at least six months before the date of application, and to posts of veterans organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post or during a fair conducted by the fair association or agricultural society. Such license is valid for dates as approved by the Common Council.
(2) 
Application. Application for such license shall be signed by the President or corresponding officer of the society or association making such application and shall be filed with the City Clerk-Treasurer together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary Class "B" license for one year. The license shall specify the hours and dates of license validity. The application shall be acted on by the Council after a five working day waiting period, not including the day of application. If the application is for a license to be used in a City park, the applicant shall specify the main point of sale facility.
F. 
Reserve Class "B" liquor license. A Reserve Class "B" license shall have the meaning defined in § 125.51(4)(a)4., Wis. Stats.
G. 
Retail Class "C" wine license. A retail Class "C" wine license, when issued by the City Clerk-Treasurer under authority of the Common Council, shall permit its holder to possess, sell or offer for retail sale wine by the glass or in an opened original container for consumption on the premises where sold, subject to restrictions in § 161-7E herein.[1]
[1]
Editor's Note: Original Sec. 7-2-4(h), which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 5-12-1998 by Ord. No. 957; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The following fees shall be chargeable to licenses issued by the Common Council:
A. 
Retail Class "A" Intoxicating Liquor License: a fee in an amount as set from time to time by resolution of the Common Council.
B. 
Retail Class "B" Intoxicating Liquor License: a fee in an amount as set from time to time by resolution of the Common Council.
C. 
Class "A" Fermented Malt Beverage Retailer's License: a fee in an amount as set from time to time by resolution of the Common Council.
D. 
Class "B" Fermented Malt Beverage Retailer's License: a fee in an amount as set from time to time by resolution of the Common Council.
E. 
Special Class "B" Fermented Malt Beverage Picnic License: a fee in an amount as set from time to time by resolution of the Common Council.
F. 
Reserve Class "B" Liquor License: an initial fee in an amount as set from time to time by resolution of the Common Council in addition to fee listed under Subsection B herein. The annual fee thereafter shall be as set forth in Subsection B herein.
G. 
Retail Class "C" Wine License: a fee in an amount as set from time to time by resolution of the Common Council.
H. 
License applicants shall also pay publication costs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Contents. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on the form prescribed by the State Treasurer and shall be sworn to by the applicant as provided by §§ 887.01 to 887.03, Wis. Stats, and shall be filed with the City Clerk-Treasurer not less than 15 days prior to the granting of such license. The premises shall be physically described to include every room and storage space to be covered by the license, including all rooms not separated by a solid wall or joined by connecting entrances.
B. 
Corporations. Such application shall be filed and sworn to by the applicant, if an individual; or by the president or secretary, if a corporation.
C. 
Publication. The application shall be published at least once in the official City newspaper, and the costs of publication shall be paid by the applicant.
D. 
Amending application. Whenever anything occurs to change any fact set out in the application of any licensee, such licensee shall file with the issuing authority a notice in writing of such change within 10 days after the occurrence thereof.
[Amended 5-12-1998 by Ord. No. 957; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Residence requirements. A retail Class "A" or retail Class "B" fermented malt beverage or intoxicating liquor license or retail Class "C" wine license shall be granted only to persons who are citizens of the United States, and persons who have been residents of the State of Wisconsin for at least 90 days prior to the date of application.
B. 
Applicant to have malt beverage license. No retail Class "B" intoxicating liquor license shall be issued to any person who does not have or to whom is not issued a Class "B" retailer's license to sell fermented malt beverages.
C. 
Right to premises. No applicant will be considered unless he/she has the right to possession of the premises described in the application for the license period, by lease or by deed.
D. 
Age of applicant. Licenses related to alcohol beverages shall only be granted to persons who have attained the legal drinking age, except that an operator's license may be issued to a person who has attained the age of 18, as authorized by § 125.04(5)(d) Wis. Stats.
E. 
Class "C" restrictions. A Class "C" wine license may be issued to a qualified applicant only if:
(1) 
The license is for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts.
(2) 
The restaurant does not have a barroom.
(3) 
All of the Class "B" liquor licenses available under the municipality's statutory quota have been issued.
F. 
Corporate restrictions.
(1) 
No license shall be granted to any corporation which does not comply with the provisions of § 125.04(6), Wis. Stats., which does not have an agent eligible for a license under this article or under state law, or which has more than 50% of the stock interest, legal or beneficial, in such corporation held by any person or persons not eligible for a license under this article or under the state law.
(2) 
Each corporate applicant shall file with its application for such license a statement by its officers showing the names and addresses of the persons who are stockholders together with the amount of stock held by such person or persons. It shall be the duty of each corporate applicant and licensee to file with the City Clerk-Treasurer a statement of transfers of stock within 48 hours after such transfer of stock.
(3) 
Any license issued to a corporation may be revoked in the manner and under the procedure established in § 125.12, Wis. Stats., when more than 50% of the stock interest, legal or beneficial, in such corporation is held by any person or persons not eligible for a license under this article or under the state law.
G. 
Separate licenses. A separate license shall be required for each business premises where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale.
The City Clerk-Treasurer shall notify the Chief of Police, Health Officer, Chief of the Fire Department, and Building Inspector of each new application and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. These officials shall furnish to the Common Council in writing the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a re-inspection of the premises and report as originally required.
A. 
In determining the suitability of an applicant, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises proposed, and generally the applicant's fitness for the trust to be reposed.
B. 
No license shall be granted for operation on any premises or with any equipment which taxes or assessments or other financial claims of the City are delinquent and unpaid.
C. 
No license shall be issued unless the premises conform to the sanitary, safety, and health requirements of the State Building Code, and the regulations of the State Department of Agriculture, Trade and Consumer Protection and the City Board of Health applicable to restaurants. The premises must be properly lighted and ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped with running water for each sex, and must conform to all ordinances of the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Common Council, the City Clerk-Treasurer shall issue to the applicant a license upon payment by the applicant of the license fee to the City. The full license fee shall be charged for the whole or fraction of any year.
A. 
In accordance with the provisions of § 125.04(12), Wis. Stats., a license shall be transferable from one premises to another if such transfer is first approved by the Common Council. An application for transfer shall be made on a form furnished by the City Clerk-Treasurer. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer is $10. Whenever a license is transferred the City Clerk-Treasurer shall forthwith notify the State Treasurer of such transfer.
B. 
Whenever the agent of a corporate holder of a license is, for any reason, replaced, the licensee shall give the City Clerk-Treasurer written notice of said replacement, the reasons therefor and the new appointment. Until the next regular meeting or special meeting of the Common Council, the successor agent shall have the authority to perform the functions and be charged with the duties of the original agent. However, said license shall cease to be in effect upon receipt by the Clerk-Treasurer of notice of disapproval of the successor agent by the Wisconsin Department of Revenue or other peace officer of the municipality in which the license was issued. The corporation's license shall not be in force after receipt of such notice or after a regular or special meeting or the Common Council until the successor agent or another qualified agent is appointed and approved by the City and the Wisconsin Department of Revenue.
C. 
Whenever any licensee under this article shall not conduct his/her licensed business at the authorized location for a period of six consecutive months, the license issued to him/her shall lapse and become void, unless such six months period shall be extended by the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid, and the name of the licensee.
A. 
Every person licensed in accordance with the provisions of this article shall immediately post such license and keep the same posted while in force in a conspicuous place in the room or place where said beverages are drawn or removed for service or sale.
B. 
It shall be unlawful for any person to post such license or to be permitted to post it upon premises other than those mentioned in the application or knowingly to deface or destroy such license.
[Amended 5-12-1998 by Ord. No. 957; 4-27-2010 by Ord. No. 1029; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All retail Class "A," "B" and "C" licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this section, and subject to all other ordinances and regulations of the City applicable thereto:
A. 
Consent to entry. Every applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of City ordinances or state laws, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.
B. 
Employment of minors. No retail Class "B" licensee shall employ any person under 18 years of age, but this shall not apply to hotels and restaurants. Family members may work on the licensed premises but are not permitted to sell or dispense alcohol beverages, except pursuant to § 125.32(2), Wis. Stats.
C. 
Disorderly conduct prohibited. Each licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises.
D. 
Licensed operator on premises. There shall be upon premises operated under a Class "B" license, at all times, the licensee or some person who shall have an operator's license and who shall be responsible for the acts of all persons serving as waiters, or in any other manner, any fermented malt beverages to customers. No person other than the licensee shall serve fermented malt beverages in any place operated under a Class "B" license unless he/she possesses an operator's license, who is at the time of such service upon said premises, except pursuant to § 125.32(2), Wis. Stats.
E. 
Health and sanitation regulations. The rules and regulations of the State Department of Agriculture, Trade and Consumer Protection governing sanitation in restaurants shall apply to all Class "B" liquor licenses issued under this article. No Class "B" license shall be issued unless the premises to be licensed conform to such rules and regulations.
F. 
Restrictions near schools and churches. No retail Class "A" or Class "B" license shall be issued for premises the main entrance of which is less than 300 feet from the main entrance of any established public school, parochial school, hospital or church, except that this prohibition may be waived by a majority vote of the governing body of the municipality in which the premises is located. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, church or hospital to the main entrance to such premises. This subsection shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school building, hospital building or church building.
[Amended 6-27-1989 by Ord. No. 889; 5-12-1998 by Ord. No. 957; 2-14-2012 by Ord. No. 1032]
A. 
Premises within the City of Neillsville for which an alcohol beverage license has been issued shall be governed by §§ 125.32(3)(a), (am), (c), 125.68(4)(a), (b), (c), (c)3., and (c)4., Wis. Stats., and all future amendments thereto.
B. 
Premises within the City of Neillsville for which a Class "A" fermented malt beverage retailer's license has been issued shall not sell fermented malt beverages between 9:00 p.m. and 6:00 a.m.
Groups that have been granted a special Class "B" fermented malt beverage license shall comply with the following conditions of the license:
A. 
There shall be at least one person properly licensed as an operator under the provisions of § 161-18 on the premises at all times to supervise the service of beverages.
B. 
Holders of special Class "B" fermented malt beverage licenses shall fully comply with all provisions of this Code and the state statutes.
C. 
For indoor events, the structure used must have suitable exits and open spaces to accommodate anticipated attendance. It should contain adequate sanitary facilities to accommodate the size of the group.
D. 
The special Class "B" fermented malt beverage license shall be posted in a conspicuous place and shall specify the date(s) and hours for which said license is issued.
[Amended 5-12-1998 by Ord. No. 957]
In the interest of protecting the health and safety and to promote the general welfare of the citizens of the City of Neillsville, quotas are hereby established limiting the number of each of the following types of licenses which may be granted as follows:
A. 
The license quota for Reserve Class "B" Liquor licenses shall be as provided in § 125.51(4), Wis. Stats.
B. 
The license quota for all other Class "A," Class "B" or "C" licenses shall be as provided by Wisconsin Statutes.
[Amended 7-10-1987 by Ord. No. 875; 6-12-2001 by Ord. No. 979; 7-10-2001 by Ord. No. 982; 6-10-2008 by Ord. No. 1022; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Operator's license required. There shall be upon the premises operated under a Class "A" or Class "B" intoxicating liquor license, a Class "A" or Class "B" fermented malt beverage license, or a special Class "B" fermented malt beverage picnic license, at all times the licensee, or some other person who shall have an operator's license and who shall be responsible for the acts of all persons serving or selling any intoxicating liquor or fermented malt beverages to customers. No person other than the licensee shall serve or sell fermented malt beverages or intoxicating liquor in any place operated under the Class "A" or Class "B" licenses unless he/she shall possess an operator's license or unless he/she shall be under the immediate supervision of the licensee or a person holding an operator's license who shall be upon the premises at the time of such service.
B. 
Procedure upon application. The Common Council may issue an operator's license, which license shall be granted only upon application in writing on blanks to be obtained from the City Clerk-Treasurer to persons 18 years of age or older. Operator's licenses shall be operative only within the limits of the City.
C. 
Duration. Licenses issued under the provisions of this article shall be valid for a period of one year and shall expire on the 30th day of June.
D. 
Fee for operator's license; provisional operator's license:
(1) 
The fee for an operator's license shall be $15 per year.
(2) 
Provisional license. The City Clerk-Treasurer may issue provisional operator's licenses in accordance with § 125.17(5), Wis. Stats. The provisional operator's license shall expire 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner. The City Clerk-Treasurer may, upon receiving an application for a temporary provisional license, issue such a license without requiring the successful completion of the approved program as described herein. However, such temporary license shall be used only for the purpose of allowing such applicant the privilege of being licensed as a beverage operator pending his/her successful completion of the approved program. A provisional license may not be issued to any person who has been denied an operator's license by the Common Council or who has had his/her operator's license revoked or suspended within the preceding 12 months. The City Clerk-Treasurer shall provide an appropriate application form to be completed in full by the applicant. The City Clerk-Treasurer may revoke the provisional license issued if he/she discovers that the holder of the license made a false statement on the application.
E. 
Issuance. After the Common Council approves the granting of an operator's license, the City Clerk-Treasurer shall issue the license. Such licenses shall be issued and numbered in the order they are granted and shall give the applicant's name and address and the date of the expiration of such license.
F. 
Display of license. Each license issued under the provisions of this article shall be posted on the premises whenever the operator dispenses beverages.
G. 
Revocation of operator's license. Violation of any of the terms or provisions of the state law or of this article by any person holding such operator's license shall be cause for revocation of the license.
H. 
Mandatory operators training.
(1) 
Except as provided in Subsection H(1)(b) below, the Common Council may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a vocational, technical and adult education district and that conforms to curriculum guidelines specified by the board of vocational, technical and adult education or unless the applicant fulfills one of the following requirements:
(a) 
The person is renewing an operator's license.
(b) 
Within the past two years, the person held a Class "A," Class "B," "Class A" or "Class B" license or permit or a manager's or operator's license.
(c) 
Within the past two years, the person has completed such a training course.
(2) 
The Common Council may issue a provisional operator's license to a person who is enrolled in a training course under Subsection H(1) above and shall revoke that license if the applicant fails successfully to complete the course in which he/she enrolls.
(3) 
The Common Council may not require that applicants for operators' licenses undergo training in addition to that under Subsection H(1) but may require applicants to purchase, at cost, materials that deal with relevant local subjects not covered in the course under Subsection H(1).
A. 
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2), Wis. Stats., adopted by reference in § 161-1 of this article, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
B. 
Any person who shall violate any provision of this article of the Code of the City of Neillsville, Wisconsin, except as otherwise provided in Subsection A herein, or who shall conduct any activity or make any sale for which a license is required without such license, shall be subject to a forfeiture as provided in § 1-5, General penalty, of this Code of the City.
C. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.
[Adopted as Title 9, Ch. 5, of the 1985 Code]
A. 
Alcoholic beverages in public areas. It shall be unlawful for any person to sell or serve, or offer to sell or serve, or to consume, or to carry or expose to view any open container of any alcohol beverage upon any street, sidewalk, alley, public parking lot, highway, cemetery, public playground, public park or other public area within the City or on private property without the owner's consent, except that this section shall not apply during those times one hour before and after a parade authorized by the Common Council. The provisions of this section maybe waived by the Common Council for duly authorized events.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Include all ardent, spirituous, distilled, or vinous liquors, liquids or compounds, whether medicated, proprietary, patented, or not, and by whatever name called, as well as all liquors and liquids made by the alcoholic fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar, which contain 1/2 of 1% or more of alcohol by volume and which are fit for use for beverage purposes.
PUBLIC AREA
Shall be construed to mean any location within the City which is open to access to persons not requiring specific permission of the owner to be at such location including all parking lots serving commercial establishments.[1]
[1]
Editor's Note: Original Secs. 9-5-2, Sale to underage or intoxicated persons restricted; 9-5-3, Underage persons presence in places of sale; penalty; 9-5-4, Underage persons; prohibitions; penalties; and 9-5-5, Defense of sellers; 9-5-6, Persons who have attained the legal drinking age; false or altered identification cards; and 9-5-7, Possession of alcohol beverages on school grounds prohibited, which immediately followed, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 5-31-1988 by Ord. No. 881]
A. 
Underage persons who are not accompanied by a parent, legal guardian or spouse who has attained the legal drinking age may enter and remain in a room on a Class "B" or "Class B" licensed premise which is separate from any room where alcohol beverages are sold or served if:
(1) 
No alcohol beverages are furnished or consumed by any person in the room where the underage person is present; and
(2) 
The Class "B" or "Class B" licensee obtains a written authorization from the Police Department of the City of Neillsville permitting underage persons to be present on a specified date set forth in the authorization. Prior to the issuance of any authorization, the Police Department shall make a determination that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. Licensees shall obtain a separate authorization for each date on which underage persons will be present on the premises.
B. 
Underage persons who are not accompanied by a parent, legal guardian or spouse who has attained the legal drinking age may enter or remain in a room on Class "B" or "Class B" licensed premises on a date specified by the licensee or permittee during times when no alcohol beverages are consumed, sold or given away if:
(1) 
During those times, the licensee, the agent named in the license if the licensee is a corporation, or a person who has an operator's license is on the premises unless all alcohol beverages are stored in a locked portion of the premises, and
(2) 
The Class "B" or "Class B" licensee obtains written authorization from the Police Department of the City of Neillsville permitting underage persons to be present on a specified date set forth in the authorization. Prior to the issuance of any authorization, the Police Department shall make a determination that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. Licensees shall obtain a separate authorization for each date on which underage persons will be present on the premises.
C. 
Authorizations issued under Subsections A and B above shall be subject to the following restrictions and requirements:
(1) 
Each application must be received at least five business days prior to the date requested.
(2) 
During the period of time authorized by the Police Department, persons entering that portion of the licensed premises shall be restricted to those individuals between the ages of 16 and 20, inclusive. This restriction shall not apply to parents, guardians, employees of the establishment, police officers, City officials or anyone else authorized by the licensee to enter said premises.
(3) 
No person shall be admitted to a licensed premise during the period of authorization if it is determined that person has been drinking alcohol beverages or been using any other drugs not prescribed and taken in accordance with instructions from a licensed physician.
(4) 
People attending events authorized under Subsection A must be provided with rest room facilities separate from those being used by individuals present on other portions of the licensed premises where alcohol beverages are being served, sold or consumed.
(5) 
There shall be at least one chaperone of each sex present during authorized time periods. Chaperones shall be at least 21 years of age.
(6) 
The Police Department may refuse to authorize underage presence on premises under this section if the following has occurred:
(a) 
The applicant has violated any of the provisions of this section.
(b) 
The applicant has failed to comply with the information contained on a prior application.
(c) 
Laws of the City of Neillsville or the State of Wisconsin were violated during a previously authorized date of operation.
(d) 
Events have taken place on a prior authorized date or dates which make the Police Department unable to further certify that the presence of underage persons on the licensed premise will not endanger their health, welfare, or safety or that of other members of the community.
[Added 4-8-1997 by Ord. No. 941]
A. 
Restrictions. There shall be no nudity in public places in the City of Neillsville holding an alcohol license issued under Ch. 125, Wis. Stats., or its successor chapter, by the City of Neillsville.
B. 
Definitions.
NUDITY
The showing or exposing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.
C. 
Contact prohibition. There shall be no contact between a patron, owner, employee, licensee, customer or bystander with a paid or amateur dancer during or shortly after a dance or other performance where clothing is or has recently been removed, either by direct, physical contact or the placing of money or other thing of value in the remaining clothing or body part of said performer.
(1) 
This section is not to be interpreted as restricting the proper use of a bathroom facility by a male or female in an enclosed area where the person is of the same sex designated for such room, and that is not engaged in for any sexual or exhibitionist purpose to or in front of or adjacent to other persons at the location.
(2) 
No person at the alcohol licensed premises shall engage in actual or simulated sexual intercourse or sexual contact through touching a person, animal or device.
D. 
Violation. Each violation of this section shall result in a forfeiture of not less than $200. Pursuant to procedures set forth in § 125.12, Wis. Stats., violation of this section constitutes sufficient grounds for Common Council's consideration of license suspension, revocation, or nonrenewal where such violation occurred in conjunction with or related to the activity for which the alcohol license was issued.