Chapter 74
INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES
[HISTORY: Adopted
by the Town Board of the Town of Troy 2-12-2004 by Ord. No. 04-1. Amendments
noted where applicable.]
§ 74-1. Adoption of statutory provisions.
All provisions of Ch. 125,
Wis. Stats., specifically including those defining and regulating the sale,
procurement, storage, dispersing and transfer of alcoholic beverages and
provisions relating to underage persons, are adopted and made a part of this
chapter by reference. A violation of any such statutory provision shall
constitute a violation of this chapter.
§ 74-2. Denial of license for nonpayment of Town charges.
No initial or renewal
alcohol beverage license shall be granted for any premises for which taxes,
assessments, special charges, forfeitures or other claims owed to the Town of
Troy are delinquent and unpaid. No initial or renewal alcohol beverage license
shall be granted to any person who is delinquent in payment of any taxes,
assessments, special charges or other claims owed to the Town or who is
delinquent in payment of a forfeiture resulting from a violation of any
ordinance of the Town.
§ 74-3. Off-sale hours.
A. Class “B” premises. No premises for which any Class “B” license
or permit has been issued, nor its agents or employees, may sell or give away
any alcoholic beverages for consumption off the premises after 9:00 p.m. or
before 8:00 a.m.
B. Class “A” and “Class A” premises. No premises for which any
Class “A” or “Class A” license or permit has been issued, nor its agents or
employees, may sell or give away any alcoholic beverages for consumption off
the premises after 9:00 p.m. or before 8:00 a.m.
§ 74-4. Nude dancing in licensed establishments.
A. Authority and determinations.
(1) The Town Board of the Town of Troy has explicit authority under §
125.10(1), Wis. Stats., to adopt regulations governing the sale of alcoholic
beverages which are in addition to the regulations in Ch. 125, Wis. Stats. The
Town Board has village powers pursuant to § 60.10(2)(c), Wis. Stats., that
grant general police powers as set forth in § 61.34, Wis. Stats., to act for
the good order of the Town, for its commercial benefit and for the health,
safety and welfare of the public, and the Town Board may carry out its powers
by regulation and suppression.
(2) The Town Board does not intend, by adopting this section, to
regulate obscenity, as nudity in and of itself is not obscene. This is an
ordinance-based regulation that addresses the undesirable secondary effects of
live nude dancing in bars and taverns. Bars and taverns featuring live nude
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 secondary effects such as these are detrimental to the public
health, safety and general welfare of citizens.
(3) The Town Board recognizes that the United States 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. The Town Board further
recognizes that freedom of speech is among our most precious and highly
protected rights and wishes to act consistently with full protection of those
rights. The Town Board is also aware that the authority of towns to enact
regulations that regulate the manner of nude dancing in licensed establishments
has been upheld by the 7th Circuit Court of Appeals.
(4) The Town Board is aware, based on the experiences of other
communities, that bars and taverns in which live nude dancing occurs can
generate secondary effects which the Town Board believes would be detrimental
to the public health, safety and welfare of the citizens of the Town of Troy.
Among these secondary effects are the potential increase in prostitution and
other sex-related offenses, as well as other crimes and offenses; the potential
depreciation of property values in neighborhoods where bars and taverns
featuring live nude dancing are located; health risks associated with the
spread of sexually transmitted disease; and the potential for infiltration of
affected areas by organized crime for the purpose of unlawful conduct. The Town
Board finds that the consumption of alcoholic beverages exacerbates these
negative secondary effects. The Town Board intends by this regulation to
minimize, prevent and control these adverse secondary effects and thereby
protect the health, safety and general welfare of the citizens of the Town of
Troy, to protect the citizens from increased crime, to preserve the quality of
life, to preserve the property values and character of surrounding
neighborhoods and deter the spread of urban blight. The Town Board has
determined that the enactment of an ordinance prohibiting live nude dancing in
bars and taverns licensed to serve alcoholic beverages promotes the goal of
minimizing, preventing and controlling the negative secondary effects
associated with such activity.
B. Prohibition. 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
in the Town of Troy that:
(1) Shows his/her genitals, pubic area, vulva, anus, anal cleft or
cleavage uncovered or with anything less than a fully opaque covering.
(2) Shows the female breast with a less than fully opaque covering of
the entire nipple and areola area.
(3) Shows the human male genitals in a discernibly turgid state, even
if fully and opaquely covered.
C. Exemptions. The provisions of this section do not apply to the
following licensed establishments or portions of licensed establishments:
(1) Licensed 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 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, nude dancing.
(2) Places in licensed establishments that are provided or set apart
for nudity, provided that:
(a) Persons who appear nude in a place so provided or set apart for
nudity do so for the sole purpose of performing a lawful function(s) that is
customarily intended to be performed within such place provided or set apart
for nudity;
(b) Persons who appear nude in a place provided or set apart for
nudity are not nude for the purpose of obtaining money or other financial gain
for that person or for another person or entity.
(3) The performance in a licensed establishment of a work of serious
literary or artistic merit, where the performance is not intended for the
sexual interest or titillation of customers and where the performance is not
distinguished by an emphasis on or the advertising or promotion of
entertainment involving nudity.
D. Definitions. As used in this section, the following terms shall
have the meanings indicated:
LICENSED ESTABLISHMENT —
Any establishment licensed by the Troy Town Board to sell alcoholic beverages
pursuant to Ch. 125, Wis. Stats.
LICENSEE — The holder of a
retail “Class A,” Class B,” Class “B,” Class “A” or “Class C” license granted
by the Troy Town Board of pursuant to Ch. 125, Wis. Stats.
NUDE or NUDITY — The
showing of human male or female genitals, pubic area, vulva, anus, anal cleft
or cleavage with less than a fully opaque covering; the showing of the female
breast with less than a fully opaque covering of any part of the nipple and
areola; and the showing of the human male genitals in a discernible turgid
state, even if fully and opaquely covered.
PLACES IN LICENSED ESTABLISHMENTS
THAT ARE PROVIDED OR SET APART FOR NUDITY — Enclosed single-sex public
restrooms; enclosed single-sex functional shower, locker and/or dressing room
facilities; and enclosed motel rooms and hotel rooms designed and intended for
sleeping accommodations and similar places in which nudity or exposure is
necessarily and customarily expected outside of the home and the sphere of
privacy constitutionally protected therein. This term does not include places
where a person's conduct of being nude is used for his or her profit or where
being nude is used for the promotion of business and/or is otherwise
commercially exploited.
§ 74-5. License fees and conditions.
A. Annual license fees for the sale of alcoholic beverages are as
follows:
(1) Retail Class “A” (beer): $100.
(2) Retail “Class A” (liquor): $500.
(3) Retail Class “B” (beer): $100.
(4) Retail “Class B” (liquor): $500.
(5) Retail Class “B” (beer - picnic): $10.
(6) Retail “Class B” (beer and wine coolers — picnic): $10.
(7) Retail Class “C” (wine): $100.
(8) Wholesaler: $25.
B. The fee for the initial issuance of a reserve “Class B” license
is $10,000.
C. All retail licenses for the sale of alcoholic beverages that are
granted hereunder are granted subject to the following conditions and all other
ordinances and regulations of the Town applicable thereto:
(1) Every applicant procuring a license thereby consents to the entry
of law enforcement personnel or other duly authorized representatives of the
Town at all reasonable hours for the purpose of inspection and search and
consents to the removal from such premises of all things and articles there had
in violation of Town ordinances or state laws and consents to the introduction
of such things and articles in evidence in any prosecution that may be brought
for such offenses.
(2) No retail alcoholic beverage licensee shall sell or offer to sell
any intoxicating liquor or fermented malt beverage to any person on the credit
of that establishment, excepting credit extended by a hotel to a resident guest
or by a club to a bona fide member and by grocers and druggists who maintain a
credit system in connection with other purchases as well. No licensee shall
sell intoxicating liquor or fermented malt beverage to any person on a passbook
or store order or receive from any person any goods, wares, merchandise or
other articles in exchange for intoxicating liquor or fermented malt beverages.
(3) Each licensed premises shall at all times be conducted in a
orderly manner, and no disorderly, riotous or indecent conduct shall be allowed
at any time on any licensed premises.
§ 74-6. Operator's license.
A. License required. No premises operated under a Class “A,” Class
“B,” “Class A” or “Class B” license or permit may be open for business unless
there is upon the premises either the licensee, the agent named in the license
if the licensee is a corporation, the agent named in a “Class B” or Class “B”
permit or some person who has an operator's license and who is responsible for
the acts of all persons serving any fermented malt beverages or intoxicating
liquor to customers.
B. Application; term. The Town Board shall issue an operator's
license to any applicant who is qualified under state statute [see § 125.04(5),
Wis. Stats.]. An operator's license may be issued only upon written
application. An operator's license shall be issued only to persons who have
obtained the age of 18 years. The written application shall contain the
applicant's name, age, address and intended place of employment and shall list
any pending alcohol-related offenses. The fee for an initial operator's license
issued under this article shall be $10 and shall be valid for one year. All
such licenses expire on June 30 of each year. Consecutive renewal licenses bear
an annual fee of $5.[1]
C. Revocation. Any violation of any provision of this chapter or
any federal or state intoxicating liquor or fermented malt beverage law by any
person holding an operator's license shall be cause for suspension or
revocation of such license. The Clerk-Treasurer shall notify the licensee at
the address given on his last application of the time and place at which the
Town Board shall deliberate whether to suspend or revoke such license. The
licensee shall have the opportunity to be heard and present whatever information
he/she wishes.
D. Provisional operator's license. The Clerk-Treasurer may issue a
provisional operator's license to a person qualified by law for an operator's
license, provided that such person has applied for a regular operator's license
and is enrolled in the responsible beverage server training course required by
state law. The fee for a provisional operator's license shall be $5, and such
license shall expire 60 days after its issuance. A provisional license may not
be issued to any person who has been denied an operator's license by the Town
Board, and the Clerk-Treasurer may revoke the provisional operator's license if
he or she discovers that the holder of the license made a false statement on
the application.
§ 74-7. Violations and penalties.
Any person, partnership or
corporation who or which violates any of the provisions of this chapter shall
be subject to a forfeiture as provided in Chapter 39, Citations, of the Town
Code. A separate offense and violation shall be deemed to have been committed
on each day on which a violation occurs or continues. Violation of this chapter
also constitutes sufficient grounds for suspending, revoking or nonrenewing an
alcohol beverage license under § 125.12, Wis. Stats.
§ 74-8. Applicability
This chapter shall apply retroactively to all Class “A,” Class “B,” “Class A” and “Class B” licenses issued since July 1, 2003. No enforcement action shall be taken for violations of this chapter prior to the date of publication following enactment.