[HISTORY: Adopted by the Village Board of the Village of Waterford as § 12.04 of the 1998 Code. Amendments noted where applicable.]
[Added 1-23-2006 by Ord. No. 489]
Authority. The Village Board of the Village of Waterford, through its explicit authority under Wis. Stat. § 125.10(1) to adopt regulations governing the sale of alcohol beverages which are in addition to those set forth in Wis. Stat. Ch. 125, and its general police powers set forth in Wis. Stat. § 61.34(1) to act for the good order of the municipality and for the health, safety and welfare of the public; and its powers of regulation and suppression; and its lack of authority to regulate obscenity in light of Wis. Stat. § 66.0107(3), and does not intend by adopting this chapter to regulate obscenity, since nudity in and of itself is not obscene, declares its intent to enact an ordinance addressing the secondary effects of live, nude, nonobscene, erotic dancing in bars and taverns and dance halls
Purpose. The regulations in this chapter are adopted because the Village Board recognizes that:
Bars and taverns and dance halls featuring live nude, nonobscene, erotic dancing have in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to negatively affect the quality of life of the communities, and such secondary effects are detrimental to the public health, safety and general welfare of citizens; and
The US Supreme Court has held that nude dancing is expressive conduct within the outer perimeters of the First Amendment to the United States Constitution and is therefore entitled to some limited protection under the First Amendment, and the Village Board further recognizes that freedom of speech is among our most precious and highly protected rights, and the Village Board wishes to act consistently with full protection of those rights; and
Based on the experiences of other communities, bars and taverns and dance halls in which live, nude, nonobscene, erotic dancing occurs may and do generate secondary effects which the Village Board believes are detrimental to the public health, safety and welfare of the citizens of the Village of Waterford; and
Among these secondary effects are:
The potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses;
The potential depreciation of property values in neighborhoods where bars and taverns and dance halls featuring nude dancing exist;
Health risks associated with the spread of sexually transmitted diseases; and
The potential for infiltration by organized crime for the purpose of unlawful conduct; and
The Village Board desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Village of Waterford; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and
The Village Board has determined that enactment of an ordinance prohibiting live, nude, nonobscene, erotic dancing in bars and taverns licensed to serve alcohol beverages and in dance halls promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such activity.
[Amended 7-12-1999 by Ord. No. 382]
In the interpretation and enforcement of this chapter, the following definitions shall apply:
- A. Any room, place or space in which a public dance may be held; or
- B. Any place in which dance classes are held and instruction in dancing given to persons over 17 years of age, including pavilions and amusement parks; or
- C. Any room, space or place, within or controlled by an establishment, in which entertainment by dancers is offered, which dancing is intended to provide sexual stimulation or sexual gratification to customers or where the establishment advertises or promotes employees or independent contractors engaging in erotic dancing.
- D. Exceptions. Theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis are not dance halls.
- A. Any dance to which admission can be had by the general public with or without the payment of a fee or the purchase, possession or presentation of a ticket or token; or
- B. Any dance operated by club membership, season ticket or invitation; or
- C. Any dance open or offered to the public generally, regardless of how the music is furnished and regardless of whether such dance is the exclusive or principal activity or an activity incidental to some other commercial activity; or
- D. Any dance by an employee or employees of an establishment, or by an independent contractor or independent contractors, who engage in erotic dancing which is intended to provide sexual stimulation or sexual gratification to customers or patrons. See § 115-12E.
This chapter shall not apply to dances conducted by any church, grade school, high school or college or any other recognized educational institution located in the Village which are intended primarily to be attended by students of such schools.
This chapter shall not be construed to prevent the attendance of children 17 years of age or under at bathing beaches or at public dance halls when public dances are not being held.
Required. No person shall permit any room, space, place or building owned, leased, managed or controlled by him to be used as a public dance hall without a license therefor.
Application. The application for a license hereunder shall be filed with the Village Clerk for presentation to the Village Board at any regular or special meeting. Such application shall contain the following:
[Amended 11-22-2004 by Ord. No. 467]
The name, age, residence, occupation and citizenship of the applicant, if an individual, or the names of the principal officers and their residences and ages, if the applicant is an association or corporation, and the name and address of the manager or person in charge.
The length of time such applicant, if an individual, or the manager or person in charge, if the applicant is a firm, partnership, corporation or association, has or have resided in the Village, and whether he or any of them have been convicted of violating any law or ordinance regulating the conduct of public dance halls or public dances and, if so, when and in what court.
Where such public dance hall will be located or conducted, as well as the location of the rooms to be occupied by such dance and the total amount of floor space to be used for dancing purposes.
Whether the applicant or manager has, either alone or with someone else, previously been engaged as the owner, lessee or employee of a public dance hall; and when, where and for how long.
The name and address of the owner of the premises for which the license is sought.
Whether a hotel, rooming house, lodging house, restaurant or tavern is conducted in any part of the premises for which the license is sought.
[Amended 6-26-2000 by Ord. No. 401; 11-22-2004 by Ord. No. 467; 6-23-2008 by Ord. No. 530]
Investigation by Police Department. The Village Clerk shall forward such application to the Village Police Department, which shall investigate such application and make a report of its findings to the Village Board.
Action by the Village Board. Such application, along with the report of the Chief of Police, shall be considered by the Village Board. The Village Board may make such further investigation and inspections as it deems necessary and may inspect all premises for which an application for a license has been made to see that the same conforms with the provisions of this chapter at any reasonable hour upon presentation of the appropriate credentials. The Village Board shall grant or deny such license.
Upon the granting of any license, the same shall be issued by the Village Clerk.
[Amended 11-22-2004 by Ord. No. 467]
All licenses shall be numbered in the order of their date of issuance and shall state clearly the name of the licensee, the location of the public dance hall, the date of issuance and expiration and the fee paid.
No dance hall license shall be issued unless there is compliance with all state laws and Village ordinances governing the issuance of the same, and the proposed public dance hall complies with all Village ordinances and state laws governing public buildings and all health and fire regulations applicable thereto and is a safe and proper place for the proposed use.
No license shall be granted unless the Village Board finds the applicant and manager or person in charge to be capable of maintaining public peace and good order at a public dance. In determining such capability, the Village Board may take into consideration the records of law enforcement agencies or of any courts that touch upon the applicant's operation of a dance hall in the preceding license years.
No license shall be granted unless adequate modern toilet facilities are provided within the building where the public dance is to be held and an adequate supply of drinking water is available, nor shall any license be granted unless the dance hall is properly lighted and ventilated and all parts of the premises are safe and sanitary.
No license shall be granted to any applicant who has been convicted within five years of the date of the application of a second offense against any of the provisions of this chapter or any similar ordinance of any other city, village or county; nor shall any license be granted to any person who has, within five years of the date of application, been convicted of a felony nor to any association or corporation of which any of the members have been so convicted.
No license shall be granted to a person under 18 years of age.
No license shall be renewed without a reinspection of the premises and a review of the applicant's record of operation during the previous license years.
No license need be granted to any person who has been convicted of selling or furnishing fermented malt beverages or liquor to minors in violation of state laws or local ordinances.
No license shall be granted to any person who knowingly furnishes any false statement in his application for a dance hall license.
When the Board is not in session, the Village President may order the issuance of a license hereunder, provided such issuance shall be acted upon by the Village Board at its next regular meeting.
The fees for a license hereunder shall be in an amount set by the Village Board.
The following classes of nontransferable licenses for public dances shall be issued:
Class A. A Class A license is required for the premises in which a public dance is held where a charge is made for admission, or where admission is by means of a ticket or token, or where the dance is advertised as such, and where music is supplied by live musicians or a person employed to electronically generate music.
Class B. A Class B license is required for the premises in which a public dance is held where no charge is made for admission, or where admission is not by means of a ticket or token, and where music is supplied by live musicians or a person employed to electronically generate music.
Class C. A Class C license is required when dancing is incidental to another business conducted in the premises used for dancing and where no charge, either directly or indirectly, is made for admission and no orchestra or musicians are employed to furnish the music for such dancing.
Proper license to be posted. No person shall post a license issued hereunder on premises other than those described in the application.
Conduct of patrons. No person conducting a public dance or operating a public dance hall, or any manager or agent of such person, shall:
Permit, during any public dance in such hall, the use of intoxicating liquor or fermented malt beverages in violation of state law or village ordinances.
Permit the presence of any intoxicated person or person under the influence of drugs in such dance hall or on the premises in which such dance hall is located.
Permit any child 17 years of age or under to be in such dance hall who is not accompanied by his parent or lawful guardian.
Permit indecent, boisterous or disorderly conduct or the use of profane language on the dance floor.
Endurance contests prohibited. No person shall advertise, operate, maintain, promote or aid in the advertising, operating, promoting or maintaining of any mental or physical endurance contest, whether a marathon, walkathon, skateathon or any other like endurance contest; provided this subsection shall not apply to amateur or professional athletic events.
"Taxi-dances" prohibited. No person shall conduct a public dance or public ball in the form commonly known as a "taxi-dance."
[Added 7-12-1999 by Ord. No. 382]
Nude dancing in licensed establishments prohibited. No person shall perform or engage in, and no licensee or manager or agent of the licensee shall permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:
Regulations. A licensee, who either personally or through his agent or employee furnishes or permits the performance of any erotic act or dance which is intended to provide sexual stimulation or sexual gratification to customers:
Shall not permit such act or dance unless such act or dance shall be performed on a stage area designated for such purpose and which shall be raised from the floor level and shall be separated by a railing or other device so as to provide a distance of at least five feet between the patrons and the performers, so as to deter patrons from participating in any act or dance, and shall not permit the use of the surface of a bar as a stage area;
Shall not permit any patron to participate in any act or dance with performers;
Shall not permit any person, employee, entertainer or patron to have physical contact with any performer or entertainer during any performance, except for the taking of tips which must be taken on the hip or the side of the entertainer's costume or in a garter;
Shall not permit any person upon the licensed premises to solicit or perform acts of "sexual conduct" as that term is defined in Wis. Stat. § 944.21(2)(e);
Shall not permit the solicitation by any entertainer of any intoxicating liquor, fermented malt beverage or other drink from any customer or patron or other person on the premises; and no entertainer shall solicit any such drink from any customer, patron or other person on said premises;
Shall not permit any entertainer, waiter, waitress or other employee to sit at any table or in any booth or elsewhere on the licensed premises with any customer or patron; provided, however, that this subsection shall not apply to a customer or patron who is a member of the immediate family of the licensee or to any person claiming under him who lives in the same household as the licensee and is at least 18 years of age;
Shall not permit any entertainer, waiter, waitress or other employee who does not meet the wearing apparel standards set forth above in § 115-12E(1) to wait upon or serve any patron;
This section does not apply to a licensed establishment defined as an adult establishment pursuant to § 245-9 for which a conditional use permit has been granted pursuant to § 245-16.1. Such an establishment shall, however, be subject to the regulations set forth in § 245-16.1.
[Added 12-11-2006 by Ord. No. 504]
Editor's Note: Former § 115-13, Health and Sanitation Committee, as amended, was repealed 6-23-2008 by Ord. No. 530.
[Added 7-12-1999 by Ord. No. 382]
Any person who fails to obtain the proper license or violates any of the provisions of this chapter shall be required, upon conviction, to forfeit not less than $100 and not more than $500 for each offense, together with the costs of prosecution; and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the Racine County Jail until such forfeiture and costs are paid, but not to exceed 30 days for each violation. Each violation and each day a violation continues or occurs shall constitute a separate offense.
The Village Attorney may, in addition to all other penalties, bring action to prevent a violation of this chapter.