[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:
DANCE HALL 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.
PUBLIC DANCE 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.
[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.
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.
D. Special
Permit. A Special
Permit license may be granted to hold not more than two public dances in any structure or premises not licensed under either Subsection
A,
B or
C. Such Special
Permit license shall be valid only within a specified twenty-four-hour period.
[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.
C. Any violation of this chapter constitutes sufficient grounds for suspending, revoking or not renewing a dance hall license or
permit and/or an alcohol beverage license under Chapter
148, Intoxicating Liquor and Fermented Malt Beverages, and Wis. Stat. § 125.12.