[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]
A.
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
B.
Purpose. The regulations in this chapter are adopted
because the Village Board recognizes that:
(1)
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
(2)
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
(3)
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
(4)
Among these secondary effects are:
(a)
The potential increase in prostitution and other
sex-related offenses, as well as other crimes and offenses;
(b)
The potential depreciation of property values
in neighborhoods where bars and taverns and dance halls featuring
nude dancing exist;
(c)
Health risks associated with the spread of sexually
transmitted diseases; and
(d)
The potential for infiltration by organized
crime for the purpose of unlawful conduct; and
(5)
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
(6)
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:
Any room, place or space in which a public dance
may be held; or
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
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.
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.
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
Any dance operated by club membership, season
ticket or invitation; or
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
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.
A.
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.
B.
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.
A.
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.
B.
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]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
The name and address of the owner of the premises
for which the license is sought.
(6)
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]
A.
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.
B.
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.
A.
Upon the granting of any license, the same shall be
issued by the Village Clerk.
[Amended 11-22-2004 by Ord. No. 467]
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
No license shall be granted to a person under 18 years
of age.
F.
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.
G.
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.
H.
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:
A.
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.
B.
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.
C.
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.
A.
Proper license to be posted. No person shall post
a license issued hereunder on premises other than those described
in the application.
B.
Conduct of patrons. No person conducting a public
dance or operating a public dance hall, or any manager or agent of
such person, shall:
(1)
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.
(2)
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.
(3)
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.
(4)
Permit indecent, boisterous or disorderly conduct
or the use of profane language on the dance floor.
C.
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.
D.
"Taxi-dances" prohibited. No person shall conduct
a public dance or public ball in the form commonly known as a "taxi-dance."
E.
Erotic dancing.
[Added 7-12-1999 by Ord. No. 382]
(1)
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:
(2)
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:
(a)
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;
(b)
Shall not permit any patron to participate in
any act or dance with performers;
(c)
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;
(d)
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);
(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;
(f)
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;
(g)
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;
(3)
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]
[1]
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]
A.
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.
B.
The Village Attorney may, in addition to all other
penalties, bring action to prevent a violation of this chapter.
