(A) Prohibited. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to 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:
(1) Shows his or her genitals, pubic area, vulva, anus, anal cleft or cleavage with less than fully opaque covering;
(2) Shows any portion of the female breast below a point immediately above the top of the areola; or
(3) Show the covered male genitals in a discernibly turgid state.
(B) Exemptions. The provisions of this chapter do not apply to the following licensed establishments: 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 and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
(1) Definitions. For purposes of this chapter, the term LICENSED ESTABLISHMENT means any establishment licensed by the Village Board to sell alcohol beverages pursuant to Wis. Stats. Ch. 125. The term LICENSEE means the holder of a retail "Class A," "Class B," Class "B," Class "A," or "Class C" license granted by the Village Board pursuant to Wis. Stats. Ch. 125.
(2) (a) Penalties. Any person, partnership, or corporation who violates any of the provisions of this chapter shall be subject to a forfeiture of not less than $500, and not more than $2,000 per violation, as listed in the Bond Schedule found in Ch. 36 of this municipal code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this chapter constitutes sufficient ground for suspending, revoking or non-renewing any alcohol beverage license under Wis. Stats. § 125.12.
(b) If any section of this chapter is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.
(Ord. 09-2017, passed 8-24-2017) Penalty, see § 112.99