A. License Required: No person, firm or corporation licensed to sell intoxicating liquors or fermented malt beverages, shall permit dancing in their licensed premises by patrons, or cause the same to be done, without having procured a cabaret license as provided in this section.
B. License Fee: The annual license fee shall be one hundred five dollars ($105.00) and shall cover the period from July 1 through the succeeding June 30 of each year. Licenses may be granted which shall expire on June 30 each year upon payment of such portion of the annual license fee as the number of months or fraction of months remaining until June 30 of each year bears to twelve (12), but said proration shall not be less than a six (6) month equivalent for a portion of a year.
C. License Application:
1. Application for a cabaret license to permit dancing in a licensed "Class B" liquor or Class "B" fermented malt beverage premises, shall be made in writing on a form provided by the city clerk and accompanied by payment to the city treasurer of the license fee, which application shall set forth the name of the applicant, the name of the licensed premises, and a sufficient description of the proposed dance area to provide supervision and inspection of the premises.
2. Whenever anything occurs to change any facts set out in the application of any license, such licensee shall file with the issuing authority a notice in writing of such change within ten (10) days after the occurrence thereof.
D. License Investigation: The clerk shall notify the health officer, fire chief, police chief and building inspector who 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 and laws applicable thereto, including those governing sanitation, safety and welfare. The health officer shall furnish the common council in writing the information derived from such investigation, accompanied by a statement as to whether the applicant and premises meet the requirements provided by this section.
E. Restrictions:
1. The following conditions must be met for any portion of the licensed premises whenever dancing is conducted:
a. The area for dancing is clearly set aside as a dance floor without furniture or carpeting thereon.
b. The dancing area must contain at least one hundred fifty (150) square feet in total area, the least dimension of which is not less than ten feet (10').
c. The area designated for dancing must not be separated from the main business area by temporary or permanent partitions extending more than four feet (4') from the floor, nor more than three feet (3') from the ceiling.
d. The dancing area is maintained at a reasonable level of lighting.
2. The license can be issued only to a person or corporation having valid "Class B" liquor or Class "B" fermented malt beverage license in force.
3. No license shall be issued for any premises which are not in conformance with the state of Wisconsin, division of health requirements or local ordinance requirements.
F. Posting: Every license issued pursuant to this section shall be enclosed in a suitable wood or metal frame, having a clear glass face and a substantial wood or metal back and shall be posted while in force in a conspicuous place in the room or place where dancing is permitted.
G. Closing Hours: Dancing shall be permitted on the licensed premises only during the hours during which the licensed premises are permitted to be open for the sale of intoxicating beverages.
H. Revocation: A violation of the provisions of this section by a duly authorized agent or employee of a licensee or permit holder shall constitute a violation of a licensee or permit holder. Whenever the holder of any licensed permit under this section shall violate any of the portions of this code, the common council may revoke the cabaret license. (1975 Code Ch. 13 § IV)
I. Penalty:
1. Each day of violation shall constitute a separate offense.
2. For just cause and after public hearing, the common council may suspend or revoke any license mentioned in this chapter. The city clerk shall, by registered mail or personal service, give notice to the licensee of the time and place of such hearing. Such notice shall also contain the statement of complaint against such licensee. (1975 Code Ch. 13 § IV; amd. 2009 Code)