Chapter 10

(a) In accordance with the provisions of W.S.A., § 125.07(3)(10), the owner or operator of a premises holding a class B fermented malt beverage and/or intoxicating liquor license issued by the village may set aside a day, or any part thereof, when no alcoholic beverages are consumed, sold, or given away and permit underage persons to enter and remain on the premises subject to the following terms and conditions:

(1) The owner or operator must give the village police department a seven-day notice of intent to hold such special event.

(2) A one-hour cushion time must be provided between the serving of the last alcoholic beverage and the start of the special event.

(3) All entertainment must stop at least 20 minutes before curfew hour, as provided in section 54-102.

(4) All underage persons must be off the premises at least one-half hour before sale of alcoholic beverages can begin or be resumed.

(5) Adequate supervision must be provided by the owner or operator during the special event to ensure that no alcoholic beverages are consumed.

(Code 1966, § 14.07)

Sec. 10-2. Video and arcade machines.

(a) Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

Amusement device means any machine, game, table or device other than a gambling machine defined by statute which is designed, intended or used as a test of skill or entertainment and may be operated by the manipulation of buttons, dials, trigger devices or electrical impulses upon the insertion of a coin or token or the use of which is made available for any valuable consideration; and such amusement device shall include, but not be limited to, devices commonly known as pinball machines, video games, electronic games, and all games or operations similar thereto under whatever name they may be indicated. Such definition does not include a bowling alley, coin-operated music machines, mechanical amusement riding devices, coin-operated vending machines or coin telephones.

Operator means any person owning, operating or leasing an amusement device installed or set up for use in the village.

(b) General requirements. The following general requirements shall apply to operation and maintenance of amusement devices:

(1) No amusement device shall be permitted where the reward for skill in its operation is not plainly posted upon each such machine or device or where the opportunity of a reward for skill in its operation is not the same for each individual player.

(2) No gambling or individual wager on any amusement device shall be permitted, and if any such device provides replays, no person shall buy back replays.

(3) No amusement device shall be placed in any required exit path of travel.

(4) No person registered as a student in a secondary or elementary school shall be permitted to operate an amusement device during the hours the person's school is in session unless the student's presence on the premises is during a permitted school function.

(c) Access by police officers. Any police officer may, in the discharge of his duties, enter the premises in which an amusement device is located at any time. The application for an operator's license is deemed to be a consent to such entry.

(d) Devices on operator's premises to be licensed, fee. No operator shall set up or permit any amusement device to be set up on his premises unless such machine shall have been licensed and the license fee paid. The annual fee for such license shall be specified in the most current village board resolution. Licenses shall expire on June 30 of each year.

(e) Applications. Applications for arcade licenses and game licenses shall be filed with the clerk, on forms to be furnished by the clerk. Such applications shall contain enough information to enable village employees and officials to process the application and make the necessary investigation, and shall contain the following specific information:

(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall be given. If the applicant is a corporation, the name and address of the chief executive officer of the corporation, and the president, vice president, secretary and treasurer of the corporation shall be furnished. If a post office box is used as a mailing address, the individual's or firm's residence or business address shall be provided as well.

(2) The address and room or store number of the location where the games are to be placed.

(3) The number of games to be placed.

(4) The name to be used for the business. If the games are to be located on the same premises as a restaurant, convenience store or other business, the name of the business shall be provided.

(5) Such other relevant information as is called for on the application form.

(f) Cancellation of license. The village clerk shall cancel the license of any licensee that repeatedly violates the terms of this section. Such cancellation may be appealed to the village board. Any licensee that has had any license canceled under this section shall not be eligible to apply for any other license under this section for a period of six months.

(g) Coins and tokens. In devices requiring coins for operation, only United States coins shall be used. The management of any establishment may sell tokens or provide machines to sell tokens, to be used in games instead of coins. No person shall defraud any business by using any foreign coin, counterfeit coin or unauthorized token to obtain the use of a game without paying for it.

(h) Nuisance, injunction. Any violation of this section is hereby declared to be a nuisance. In addition to any other relief provided by this section, the village attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.

(i) Delinquent taxes, assessments and claims. No license shall be granted for any premises for which taxes, assessments or other claims of the village are delinquent and unpaid, or to any person delinquent in payment of such claims to the village.

(j) Penalty. Any person, firm or corporation violating any provision of this section shall be fined not less than $5.00, nor more than $500.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. No. 617, § I, 3-3-98; Ord. No. 775, § I, 10-18-05; Ord. No. 810, § I, 11-20-07)

Sec. 10-3. Game arcades.

(a) Definitions. As used in this section, the following words, terms and phrases have the following meanings, unless the context clearly indicates that a different meaning is intended:

Amusement device means any machine, game, table or device which is designed, intended or used as a test of skill or entertainment and may be operated by the manipulation of buttons, dials, trigger devices or electrical impulses upon the insertion of a coin or token, or the use of which is made available for any valuable consideration; and such amusement device shall include, but not be limited to, devices commonly known as pinball machines, video games, electronic games, and all games or operations similar thereto under whatever name they may be indicated. Such definition does not include a bowling alley, coin-operated music machines, mechanical amusement riding devices, coin-operated vending machines or coin telephones.

Game arcades means any premises having a primary purpose or object of existence or operation of providing games of amusement to the public at retail, operated by any individual, organization or corporation as the owner, lessee or occupant of the building. Games of amusement include, but are not limited to, game devices commonly known as baseball, football, basketball, hockey, shuffle board, ray guns, bowling games, bumper games, skee-ball, electronic video (whether coin-operated or not) and other similar devices.

Operator means any person owning, operating or leasing an amusement device installed or set up for use in the village.

(b) General requirements. The following general requirements shall apply to all game arcades licensed in accordance with this article:

(1) No arcade license shall be issued to an individual who is not of good moral character. No license shall be issued to any partnership unless each of the partners is of good moral character. No license shall be issued to any corporation unless the chief executive officer, the president, vice president, secretary, and treasurer of the corporation are of good moral character.

(2) All game arcades shall have a supervisor on the premises at all times in which the game arcade is open to the public. This supervisor shall be at least 18 years of age and be able to provide supervision necessary to maintain proper order.

(3) Every game arcade shall provide an adequate area and number of bicycle racks for the orderly parking of bicycles which shall be separate from a required vehicle parking stall and shall be so located as to not occupy any portion of a public sidewalk or to otherwise obstruct pedestrian passage to and from the premises.

(4) No game arcade shall be licensed unless and until the location of the same has been approved by the village plan commission pursuant to chapter 100 of this Code.

(5) Game arcades licensed under this article shall comply with all other building, fire codes and applicable village laws and regulations.

(6) The following general operating requirements shall apply to the operation and maintenance of game arcades:

a. No amusement device shall be permitted where the reward for skill in its operation is not plainly posted upon each such machine or device or where the opportunity of a reward for skill in its operation is not the same for each individual player.

b. No gambling or individual wager on any amusement device shall be permitted, and, if any such device provides replays, no person shall buy back replays.

c. No amusement device shall be placed in any required exit path of travel.

d. No person registered as a student in a secondary or elementary school shall be permitted on the premises of a game arcade during the hours the person's school is in session.

e. Game arcades shall not remain open between midnight and 9:00 a.m. of any day.

f. The interior of a game arcade shall be clearly within view from the outside.

g. In no event shall card playing be permitted on such licensed premises even if such card playing is for social purposes.

h. No person, while in the premises licensed under this article, shall have in his possession any alcohol beverage unless the operator of the premises has obtained a Class "B" alcohol beverage license from the village.

(c) Application. Application for a license to be issued under this article shall be made to the clerk on forms supplied for such purpose by the clerk. The application shall include the following information:

(2) The address and room or store number of the location where the games are to be placed.

(3) The number of games to be placed.

(4) The name to be used for the business. If the games are to be located on the same premises as a restaurant, convenience store or other business, the name of the business shall be provided.

(5) Information regarding whether or not the applicant or any partner, principal officer, registered agent or supervisor has ever been denied a license to operate a game arcade and, if so, the reasons therefor; or has ever suffered the suspension or revocation of such license and the reason therefor; or has ever been convicted of a felony or misdemeanor which is substantially related to the operation of a game arcade.

(6) Such other relevant information as is called for on the application form.

(d) Fees. The application shall be accompanied by an application fee which shall cover the cost of processing the application and shall be nonrefundable. The annual fee for such license shall be specified in the most current village board resolution. In addition to the annual fee required to be paid by the terms of this section, each applicant for an arcade license shall pay a nonrefundable investigation fee specified in the most current village board resolution.

(e) Procedure. Upon receipt of an application for an arcade license or a game license, the clerk shall provide a copy of the application and refer the matter to the chief of police for an investigation of the character of the individuals whose names and addresses are required to be furnished by subsection (c) of this section. The clerk shall furnish a copy of the application and refer the matter to the building inspector/zoning administrator, to determine whether the proposed business will violate any provision of the zoning code or the building code of the village. The chief of police and the building inspector/zoning administrator shall report within two weeks. The application, together with the report of the chief of police and the report of the building inspector/zoning administrator, shall be delivered to the village clerk for action.

(f) Coins and tokens. In devices requiring coins for operation, only United States coins shall be used. The management of any establishment may sell tokens or provide machines to sell tokens, to be used in games instead of coins. No person shall defraud any business by using any foreign coin, counterfeit coin or unauthorized token to obtain the use of a game without paying for it.

(g) Obscene video game or coin-operated game. It shall be unlawful for any person to own, lease, operate or offer for the use of the public within the village any coin-operated amusement devices, video games, computer games or viewing machines which depict material which is obscene if considered as a whole, applying community standards, its predominate appeal is to prurient interests, that is, shameful or morbid interest in nudity, sex or excretion, and utterly without redeeming social value and if, in addition, it goes substantially beyond customary limits of candor in describing or representing such matters.

(h) Persons under sixteen, school hours, posting notice. The person in charge of any video game arcade or game arcade, and the person in charge of the area of any other establishment where video games are available for use by the public, shall not permit any person under 16 years of age to remain in the arcade or area where the games are available, on school days during the hours when school is in session. The person in charge shall not use force to enforce this requirement, but the truant officer may be called. A person under 16 years of age who normally attends a private school, or school sponsored by a religious organization in lieu of the public school, may be in an arcade or in the area where games are kept, at times when the private school or school sponsored by the religious organization is not in session. Each licensee under this section shall display a sign with substantially the following wording, or with other wording giving substantially the same meaning:

NOTICE

If you are under 16 years of age, you will not be allowed to remain

in this arcade on school days during the hours

when school is in session.

(i) Denial of application. The application for a license may be denied as to a particular location within the village whenever the village board finds at a hearing, which was duly noticed that the location and physical layout of the premises and layout characteristics are such that it would be against the health, safety or general welfare of the public to permit the operation of amusement games for public use for a fee in that granting the license for the particular location:

(1) Will have a substantial adverse effect upon the public health of the persons living in the immediate neighborhood.

(2) Will have a substantial adverse effect upon the safety of the persons living in the immediate neighborhood.

(3) Will cause a substantial depreciation in the value of the property in the immediate neighborhood.

(4) Will have a substantial adverse effect upon the convenience of the immediate neighborhood.

(5) Will be closer than 1,000 feet from the main entrance of any established public or parochial school.

(6) Will constitute a public or private nuisance.

(7) Is not in the best interest of the community in that it is not compatible with good planning development of the area.

(8) Would condone the licensee's delinquency in payment of personal and real property tax.

(j) Revocation. The village board may, following a hearing that was duly noticed, suspend or revoke any license issued pursuant to this section at any time for any reasonable cause, which shall be in the best interests and good order of the village, provided that the licensee shall be accorded due process of law.

(k) Delinquent taxes, assessments and claims. No license shall be granted for any premises for which taxes, assessments or other claims of the village are delinquent and unpaid, or to any person delinquent in payment of such claims to the village.

(l) Penalty. Any person, firm or corporation violating any provision of this section shall be fined not less than $5.00, nor more than $500.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. No. 810, § II, 11-20-07)

Secs. 10-4--10-25. Reserved.

ARTICLE II.

ADULT ENTERTAINMENT

DIVISION 1.

GENERALLY

Sec. 10-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult bookstore means an establishment having as its stock in trade, for sale, rent, lease, inspection or viewing, books, films, video cassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas, and in conjunction therewith have facilities for the presentation of adult entertainment, including adult oriented films, movies or live performances, for observation by patrons therein.

Adult cabaret means a cabaret which features topless dancers, strippers, male or female impersonators, or similar entertainers.

Adult entertainment means any exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specified sexual activities or specified anatomical areas, or the removal of articles of clothing or appearing partially or totally nude.

Adult mini-motion picture theater means an enclosed building with a capacity of less than 50 persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities, or specified anatomical areas, for the observation of patrons therein.

Adult motion picture theatre means an enclosed building with a capacity of 50 or more persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities, or specified anatomical areas, for observation by patrons therein.

Adult oriented establishment means, but is not limited to, adult bookstores, adult motion picture theatres, adult mini-motion picture establishments, or adult cabarets, and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common area of the premises for the purpose of viewing adult oriented motion pictures, or wherein an entertainer provided adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.

Operators means any person, partnership, or corporation operating, conducting, maintaining or owning any adult oriented establishment.

Specified anatomical areas means:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below the point immediately above the top of the areola; and

(2) Human male genitals in a discernible turgid state, even if opaquely covered.

Specified sexual activities means simulated or actual:

(1) Showing of human genitals in a state of sexual stimulation or arousal;

(2) Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio or cunnilingus;

(3) Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

(Code 1966, § 14.08(1))

Cross References: Definitions generally, § 1-2.

Sec. 10-27. Penalties for violation of article; prosecution.

Any person who shall violate any provisions of this article or who shall fail to obtain a license or permit as required under this article shall be subject to penalty as provided in section 1-12.

(Code 1966, § 14.08(12))

Sec. 10-28. Physical layout of adult oriented establishment.

Any adult oriented establishment having available for customers, patrons or members, any booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements:

(1) Access. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult oriented establishment and shall be unobstructed by any door, lock or other control type devices.

(2) Construction. Every booth, room or cubicle shall meet the following construction requirements:

a. Each booth, room or cubicle shall be separated from adjacent booths, rooms or cubicles and any nonpublic areas by a wall.

b. Have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying the same.

c. All walls shall be solid and without any openings, extended from the floor to a height of not less than six feet and be light colored, nonabsorbent, smooth textured and easily cleanable.

d. The floor must be light colored, nonabsorbent, smooth textured and easily cleanable.

e. The lighting level of each booth, room or cubicle, when not in use, shall be a minimum of ten footcandles at all times, as measured from the floor.

(3) Occupants. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of same shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.

(Code 1966, § 14.08(9))

Sec. 10-29. Responsibilities of the operator.

(a) Every act or omission by an employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct. The operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.

(b) Any act or omission of any employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.

(c) No employees of an adult oriented establishment shall allow any minor to loiter around or to frequent an adult oriented establishment or to allow any minor to view adult entertainment.

(d) The operator shall maintain the premises in a clean and sanitary manner at all times.

(e) The operator shall maintain at least ten footcandles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles; provided, however, that at no time shall there be less than one footcandle of illumination in the aisles, as measured from the floor.

(f) The operator shall ensure compliance of the establishment and its patrons with the provisions of this article.

(Code 1966, § 14.08(10))

Secs. 10-30--10-40. Reserved.

DIVISION 2.

LICENSE

Sec. 10-41. Requirements generally.

(a) Except as provided in subsection (d) of this section, from and after the effective date of the ordinance from which this provision is derived, no adult oriented establishment shall be operated or maintained in the village without first obtaining a license to operate issued by the village.

(b) A license may be issued only for one adult oriented establishment located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than one adult oriented establishment must have a license for each.

(d) No license may be issued for a premises, the main entrance of which is less than 300 feet from the main entrance of any public or parochial school, hospital or church. The distance shall be measured by the shortest route along the highway from the main entrance of the school, church or hospital to the main entrance of the premises to be covered by the license.

(e) All adult oriented establishments existing at the time of the passage of the ordinance from which this provision is derived must submit an application for a license within 60 days of the passage of the ordinance from which this provision is derived.

(Code 1966, § 14.08(2))

Sec. 10-42. Application.

(a) Any person, partnership or corporation desiring to secure a license shall make application to the village clerk. The application shall be filed in triplicate and dated by the village clerk. A copy of the application shall be distributed promptly by the village clerk to the village police department and to the applicant.

(b) The application for a license shall be upon a form provided by the village clerk. An applicant for a license shall furnish the following information under oath:

(1) Name and address.

(2) Written proof that the individual is at least 18 years of age.

(3) The address of the adult oriented establishment to be operated by the applicant.

(4) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agents and the name and address of all shareholders owning more than five percent of the stock in the corporation and all officers and directors of the corporation.

(c) Within 21 days of receiving an application for a license, the village clerk shall notify the applicant whether the application has been granted or denied by the village board.

(d) Whenever an application is denied by the village board, the village clerk shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten days of the receipt of notification of denial, a public hearing shall be held within ten days thereafter before the zoning board of appeals.

(e) Failure or refusal of the applicant to give any information relevant to the applicant of his refusal or failure to appear at any reasonable time and place for examination under oath regarding the application or his refusal to submit to or cooperate with regard to any information required by this article shall constitute an admission by the applicant that he is ineligible for such license and shall be grounds for denial thereof by the village clerk.

(Code 1966, § 14.08(3))

Sec. 10-43. Standards for issuance.

To receive a license to operate an adult oriented establishment, an applicant must meet the following standards:

(1) If the applicant is an individual:

a. All officers, directors and stockholders required to be named under section 10-42(b)(4) shall be at least 18 years of age.

b. The applicant shall not have been found to have previously violated this article within five years immediately preceding the date of the application.

(2) If the applicant is a corporation:

a. All officers, directors, and stockholders required to be named under section 10-42(b)(4) shall be at least 18 years of age.

b. No person having a financial interest in the partnership, joint venture or other type of organization shall have been found to have violated any provision of this article within five years immediately preceding the date of the application.

(Code 1966, § 14.08(4))

Sec. 10-44. Fees.

A license fee of $250.00 shall be submitted with the application for a license. If the application is denied, one-half of the fee shall be returned.

(Code 1966, § 14.08(5))

Sec. 10-45. Display.

The license shall be displayed in a conspicuous public place in the adult oriented establishment.

(Code 1966, § 14.08(6))

Sec. 10-46. Renewal.

(a) Every license issued pursuant to this section will terminate at the expiration of one year from the date of issuance, unless sooner revoked and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the village clerk. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be upon a form provided by the village clerk and shall contain such information and data, given under oath or affirmation, as is required for an application for a new license.

(b) A license renewal fee of $250.00 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100.00 shall be assessed against any applicant who files for a renewal less than 60 days before the license expires. If the application is denied, one-half of the total fees collected shall be returned.

(c) If the village police department is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the village clerk.

(Code 1966, § 14.08(7))

Sec. 10-47. Revocation.

(a) The village board shall revoke a license or permit for any of the following reasons:

(1) Discovery that false or misleading information or data was given on any application or material facts were omitted from the application.

(2) The operator or any employee of the operator violates any provision of this article or any rules or regulation adopted by the village board pursuant to this article; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the village board shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.

(3) The operator becomes ineligible to obtain a license or permit.

(4) Any cost or fee required to be paid by this section is not paid.

(5) Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult oriented establishment.

(b) The village board, before revoking or suspending any license or permit, shall give the operator at least ten days' written notice of the charges against him, and the opportunity for a public hearing before the village board.

(d) Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult oriented establishment for six months from the date of revocation of the license.

(Code 1966, § 14.08(8))