Village of Theresa, WI Article II Entertainment Featuring Live Nude or Obscene Performances

§ 238-5 Entertainment license required.

A. No holder of a Class A, B or C liquor or fermented malt beverage license, or any other business or establishment governed by this article, operating in the Village of Theresa shall afford to its patrons entertainment which specifically features or advertises dancing by the performance of any act, stunt or dance by performers under the auspices of the management, whether such dancers are paid or not, unless the owner shall first have obtained a license from the Village Clerk-Treasurer.

B. This article shall only apply to establishments selling, providing or giving away liquor, beer, juice, soda water beverages, or other beverages, including restaurants, or stores specializing in adult entertainment, which feature live nude or seminude dancers, singers or entertainers.

§ 238-6 Annual license.

A. Application. Applications for an annual entertainment license shall be made to the Village Clerk-Treasurer. The Village Clerk-Treasurer shall notify the Police Department, Building Inspector and Fire Inspector of the license application, publish a Class 1 notice of such application and have the license application submitted to the Village Board within 30 days of application. Investigating officials shall submit written reports and recommendations to the Village Board. A public hearing shall be held on the application, preceded by a Class 2 notice. The Village Board may take any testimony regarding the granting or denial of such license.

B. Action. The Village Board shall either approve, modify or reject the application; the reasons for the action taken shall be specified in the written record of the Village Board.

C. Probationary period. If license issuance is approved by a majority of the Village Board, an initial applicant shall be granted a probationary license by the Village Clerk-Treasurer. An annual license shall be granted if, upon the expiration of the six-month probationary period, no violations under this article occur and the applicant corrects any deficiencies or problems that the applicant is directed to correct. If, however, for any reason the application is denied by the Village Board, the Village Board shall specify the findings made that support that denial.

D. License term. The license granted under this article shall expire on June 30 of each year and each license shall be subject to revocation as hereinafter provided.

E. Form of license. The Village Clerk-Treasurer shall be responsible for drafting and issuing all licenses under this section. All such licenses shall specify the nature of the holder and the license and the date for which it is applicable as well as any conditions that may be imposed by the Village. All such licenses shall be open to public inspection and posted in public view on the premises for which issued.

F. Fee. All such license applications shall be accompanied by an award fee of $500. If for any reason the license is denied, 1/2 of the license fee shall be returned to the applicant. If the license is granted, the entire fee will be kept by the Village.

G. Number of licenses limited. No more than three annual licenses, issued under this article, shall be issued to license holders within the Village of Theresa at one time.

§ 238-7 Renewals.

The holder of an annual license granted under this article shall submit an application for renewal at least 60 days before the expiration of the license. Such license may be renewed pursuant to the provisions of § 238-6 as that section applies to notice being given by the Village Clerk-Treasurer and provisions for publication and action by the Village Board.

§ 238-8 Regulations.

Any license holder governed by this article shall comply with the following regulations:

A. No dancing shall be permitted by any performers under the auspices of the management, whether paid or not, within six feet of a bar from which patrons are directly served, while so entertaining the patrons.

B. No dancer, performer, or any individual who is performing, singing, or dancing shall have either direct or indirect physical contact with any patron in violation of § 944.36, Wis. Stats.

C. While dancing is in progress, the establishment shall be adequately illuminated so as to permit safe ingress and egress from the premises.

D. Good order shall be maintained at all times. Without limitation due to enumeration, a lack of "good order" for purposes of this article shall be deemed to include persistent loud noises to the annoyance or detriment of surrounding property owners, patrons urinating in public, profane language and/or fighting.

E. Music and other entertainment which is amplified inside shall cease after 1:00 a.m., with the exception that said music shall cease after 2:00 a.m. during daylight savings time.

F. The license holder shall ensure that building capacity limits as set by the Fire Department and/or Building Code are complied with at all times.

G. The license holder shall comply with all applicable state statutes and regulations and all county and Village ordinances.

H. The management license holder and employees shall obey all reasonable orders or directions of any law enforcement officer.

I. The performance of any dance by performers under the auspices of the management shall be given only on a raised portion of the floor separated by a railing or other device from the patrons so as to deter patrons from participating in the dance.

J. No license holder, personally or through an agent or employee, shall advertise, allow or produce nude or obscene entertainment or performances in violation of this section or in violation of any Village ordinance or state statute.

K. It is forbidden by this section to perform acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law, on the premises so licensed.

L. The actual touching, caressing or fondling of the breasts, butt cheeks, anus or genitals is prohibited.

M. The actual use of simulated sexual organs during dances or performances is prohibited.

N. No license holder shall permit any amateur dancing, obscene entertainment, or performances on the license holder's premises in violation of this section or any applicable state and federal laws.

§ 238-9 Location.

No establishment licensed under this article shall permit any performance or entertainment governed by this article to occur within 50 feet of any area zoned for residential, church, school, nursing home, public park, or day-care center uses or other establishment licensed under this article.

§ 238-10 Violations and penalties. [1]

In addition to any other actions allowed by law or taken by the Village Board, including the action of license revocation or nonrenewal, anyone who violates any of the provisions of this article may forfeit not less than $250 but not more than $2,000 for each and every offense, together with the costs of prosecution. If such forfeiture and costs are not paid, such person so convicted may be subject to any civil penalties or other penalties available by law.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 238-11 License suspension, revocation or nonrenewal.

A. In general. Any license granted herein may be revoked, suspended, or not be renewed by the Village Board as follows:

(1) If the applicant has made or recorded any statement required by this article knowing it to be false or fraudulent or intentionally deceptive.

(2) For the violation of any provision of this article, except for establishment license matters involving a violation of building codes, in such case the license shall be revoked after the second conviction thereof in any license year.

(3) After one conviction of any establishment personnel of an offense under Ch. 944, Wis. Stats., or of an offense against the person or property of a patron of the property or of an offense involving substances included in Subchapter II of Ch. 961, Wis. Stats., where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant.

B. Notice of hearing. No license shall be revoked, suspended, or not renewed by the Village Board except upon due notice and hearing to determine whether grounds for such action exist. Such hearing shall be held before the Village Board. Notice of such hearing shall be in writing and shall state the grounds of the complaint against the licensee. The notice shall be served upon the licensee at least 15 days prior to the date of the hearing and shall state the time and place thereof. The licensee shall be entitled to be heard, to be represented by counsel, to cross-examine opposing witnesses, and to present witnesses on his or her own behalf, under subpoena by the Village Board if such is required, and the hearing may be stenographically recorded at the licensee's option and expense. At the conclusion of such hearing, the Village Board shall prepare findings of fact and conclusions as to what, if any, action the Village Board will take with respect to the license. The Board shall provide the complainant and licensee with a copy of the report.

§ 238-12 License transfer.

Any license granted under the provisions of this article shall be transferable and subject to all licensing procedures and other regulations of this article.