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ORD1966035ORDINANCE #35, AS AMENDED AN ORDINANCE PROVIDING FOR THE REGULATION CONTROLS AND LICENSING OF PUBLIC DANCE HALLS THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESIiA COUNTY, 0 WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION I. The term "DUbliC dance" or "Dublic ball" as used in this section.shal1 mean any dance or ball to which admission can chase, possession or presentation of a ticket or token; or in which be had by the public generally upon payment of a fee or by the pur- a charge is made for caring for clothing or other property; or any other dance to which the public generally without any restriction may gain admission with or without payment of a fee; or any dance operated for profit; or any dance or dancing conducted or permitted or intoxicating liquor, whether or not any charge is made therefor. upon any premises licensed for the sale of fermented malt beverages I The term "public dance hall" or "public ballroom" as used herein dance or ball may be held, or any premises licensed for the shall be taken to mean any room, place or space at which a public sale of fermented malt beverages or intoxicating liquor where dancing by the public is cc~nducted or permitted, or where any dancing is conducted or permitted, or a hall or academy in which classes in dancing are held and instructions in dancing given for hire, except bond fide instruction in dancing given to children not over 17 years of age. a SECTION 11. It shall be unlawful to hold any public dance or public ball within the 1imi.ts of the City of Muskego until the dance hall in which the same may be held shall first have been duly licensed with the City Clerk and suc.h application shall state: for such purpose. The appl.ication for such license shall be filed (a) Name, age, residence, occupation and citizenship of applicants. Ob) Location at which sucn public dance hall is intended to be conducted. (c) Whether the applicant has within two years prior to a public dance hall in this city. the date of his application been licensed to conduct (d) The location where applicant conducted such public dance hall under such license, if any. (e) Whether the applicant has been convicted of violating any law within the last two years, if so, what? (f) The name of person or company owning the premises for which license is asked. (6) Such other information as the Finance Committee may 1c reauire. D All such applications shall be accompanied by the fee fixed by this ordinance for such license. In the event such license is denied, such fee shall be returned It shall be unlawful in any event to conduct any public dance in the form or manner commonly known as "taxi dance" and no license shall be issued for any public dance to be conducted in the form or manner commonly known as "taxi dance". c Page 2. SECTION 111. Wheneve]? any applicant for a license as provided for in the above section shall have complied with all the conditions and regulations herein con-tained relative to the filing of his appli- cation, it shall be the du-ty of the City Clerk to forward such appli- cation to the Common Counc:Ll at the next regular or special meeting. Such application shall be ~eferred to the Finance Committee of the Common Council who shall inspect the premises for which such license is applied for ardreport bdck to the Council and thereupon such of any license, the same shall thereupon be issued by the City Clerk. license shall be granted or denied by the Council. Upon the granting Each license granted hereunder shall expire on the first day of July and the license sheill be posted in a conspicuous place within the h,all in. which the dance is held. or regulations of the State. of Wisconsin. The licensee shall comply with this ordinance and any rules transferable license for pL.blic dances shall be issued for the follow- SECTION IV. Classification as to types of licenses: Non- ing four (4) divisions or classifications, namely, Class "A" license, Class "B" or Class "C" and "Special Permit" license. (a) Class "A" License. A Class "A" license is required for the premises in which a public dance is held where a cha.rge is made for admission or where admission is by means of the purchase, possession or presentation of a ticket or token or where the dance is advertised as such and where an orchestra is employed to furnish the dance music. (b) Class "B" License. A Class "B" license is required when (C (d dancing is incidental to such other business conducted in the premises used for dancing and where no charge, either directly or indirectly, is made for admission, and musicians are employed to furnish the music for such dancing. such dancing is not advertised as such and no orchestra or Class "C" License, A Class "C" license is required when a non-profit, fraternal, church or school organization or Class "B" license. Class "C" license shall be subject conducts a dance 3n any premises not holding a Class "A" to all other provisions of this ordinance with the ex- ception that no f,?e shall be required to obtain a Class "C" license. "Special Permit'' :License. A "Special Permit" license may be granted to holsj not more than one public dance in any structure or premises not licensed under either "A" all other provisions of this ordinance. or !I BY, , . such "Special Permit" license shall be subject to fees for the four (4) classes of dance hall license shall apbly: SECTION V. License Fees: The following schedule of license The license fee for a Class "A" license shall be Twenty-Five Dollars ($25.00) per year. The license fee for a Class 'ID" license shall be Ten Dollars ($10.00) per year. There shall be no fee for a class "C" license. The license fee for a "Special Permit" shall be Ten Dollars ($10.00). SECTION VI. No license for a public dance shall be issued until it shall be found that such hall complies with and conforms to all ordinances, health and fire regulations of the City of Muskego and of the State of Wisconsin, is properly ventilated, supplied with sufficient toilet conveniences, and is a safe and proper place for the purpose for which it is lsed. L _. Page 3. All public dance ha1,ls shall be kept in a clean and sanitary with the hall shall be ke:?t open and well lighted. The Finance condition. All stairways and outer passages and all rooms connected cause the dance hall to be vacated whenever any provision of this Committee or any police o.Fficer or mayor shall have the power to ordinance is violated. 0 SECTION VII. The 1it:ense of any public dance hall may be revoked by the Council upon violation of this ordinance. SECTION VIII. The following rules and regulations shall govern the conduct, operation and management of all public dances: (a) No person who i:; the proprietor of any dance hall or who conducts, manages or is in charge of any dance shall permit the use of intoxicating liquor in violation of law, the presence of intoxicated persons, or the ppesence of any children of seventeen years of age or under unaccomp- anied by their parent or lawful guardian. (b) No live music shall be furnished or played from one o'clock A.M. until eight o'clock A.M. (c) Idlers or loite~ers shall not be permitted to remain which it is situated. either in a public dance hall or on the premises on SECTION IX. All fee:; for licenses as provided in this ordinance shall be paid to the City Treasurer of the City of Muskego and re- tained by the City of Muskego for the administration, execution and enforcement of this o~dinance. SECTION X. Any person, persons, society, club or corporation who shall violate the provisions of this ordinance shall, upon con- viction thereof,.be subject to a forfeiture of not less than Ten Dollars ($DOOOO) or more -:han Two Hundred Dollars ($200.00) and the costs of prosecution for each violation, and in default of payment thereof, shall be imprisoned in the Waukesha County Jail until such forfeiture and costs of prosecution are paid, such imprisonment not to exceed .ninety (90) day:;. SECTION XI. All ordinances inconsistent with or contravening the provisions of this ordinance are hereby repealed. SECTION XII. This ordinance shall take effect upon passage and publications. Dated this 26th day of July , 1966. Jerome J. Gottfried, Mayor ATTEST: Bette J. Bowyer, City Clel;i; . ORDINANCE #35, AS AMENDED AN ORDINANCE PROVIDING FOR THE REGULATION CONTROLS AND LICENSING OF PUBLIC DANCE HALLS THE COMMON COUNCIL OF THE: CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DO ORDAIN AS FOLLOW: SECTION I. The term "public dance" or "public ball" as used be had by the public generally upon payment of a fee or by the pur- in this section shall mean any dance or hall to which admission can a charge is made for caring for clothing or other property; or any chase, possession or presentattion of a ticket or token; or in which other dance to which the publlc generally without any restriction may gain admission with or without payment, of a fee; or any dance operated for profit; or any ds.nce or dancing conducted or permitted upon any premises licensed for. the sale of fermented malt beverages or intoxicating liquor, whether or not any charge is made therefor. The term "public dance ha,ll" or "public ballroom" as used herein dance or ball may be held, or any premises licensed for the shall be taken to mean any rocm, place or space at which a public sale of fermented malt beverag:es or intoxicating liquor where dancing by the public is conducted or permitted, or where any dancing is conducted or permitted, or a hall or academy in which classes in dancing are held and instructions in,dancing given for hire, except bona fide instruction in dancing given to children not over 17 years of age. SECTION 11. It shall be unlawful to hold any public dance or public ball within the limits of the City of Muskego until the dance hall in which the same may be held shall first have been duly licensed for such purpose. The application for such license shall be filed with the City Clerk and such application shall state: (a) Name, age, residence, occupation and citizenship of applicant. (b) Location at which such public dance hall is intended to be conducted. (c) Whether the applicant has within two years prior to the date of his application been licensed to conduct a public dence hadl in this city. (d) The location where applicant conducted such public dance hall under such license, if any. (e) Whether the applicant has been convicted of violating any law within the last two years, if so, what? (f) The name of person or company owning the premises for which license is asked. (g) Such other information as the Finance Committee may require. All such applications shall be accompanied by the fee fixed by this ordinance for such license. In the event such license is denied, such fee shall be returned. It shall be unlawful in any event to conduct any public dance in the form or manner commonly known as "taxi dance" and no license shall be issued for any public dance to be conducted in the form or manner commonly known as "taxi dance". Page 2. SECTION 111. Whenever any applicant for a license as provided for in the above section shall have complied uith all the conditions and regulations herein contained relative to the filing of his appli- dation, it shall be the duty of the City Clerk to forward such appli- Such application shall be referred to the Finance Committee of the cation to the Common Council tit the next regular or special meeting. Common Council who shall inspect the premises for which such license is applied for and report back to the Council and thereupon such of any license, the same shall thereupon be issued by the City Clerk. license shall be granted or denied by the Council. Upon the granting Each license granted herounder shall expire on the first day of July and the license shall be posted in a conspicuous place within the hall in which the dance i:j held. or regulations of the State o:? Wisconsin. The licensee shall comply with this ordinance and any rules transferable license for public dances shall be issued for the follow- SECTION IV. Classification as to types of licenses: Non- ing four (4) divisions or claasifications, namely, Class "A" license, Class "B'l or Class 'IC'' and "Special Permit" license. (a) Class "A" License. A Class "A" license is required for the premises in which a public dance is held where a charge the purchase, possession or presentation of a ticket or is made for admission or where admission is by means of token or where the dance is advertised as such and where an orchestra is emp:loyed to furnish the dance music. (b) Class "B" License. A Class "Bll license is required when dancing is incidental to such other business conducted in the premises use,d for dancing and uhere no charge, either directly or indirectly, is made for admission, and musicians are employed to furnish the music for such dancing. such dancing is not advertised as such and no orchestra or (c) Class "C" License. A Class "C" license is required when a non-profit, fraternal, church or school organization conducts a dance on any premises not holding a Class "A" or Class "B'l license. Class "C" license shall be subject to all other provisions of this ordinance with the ex- ception that no fee shall be required to obtain a Class 'IC" license. (d) "Special Permit" License. A "Special Permit" license may be granted to hold not more than one public dance in any structure or premises not licensed under either "A" all-other provisions of this ordinance. or llgll. , such "Special Permit" license shall be subject to fees for the four (4) classes of dance hall license shall apply: SECTION V. License Fees: The following schedule of license Dollars ($25.00) per gear. The license fee for a Class "A" license shall be Twenty-Five The license fee for a Class 'IB" license shall be Ten Dollars ($10.00) per year. There shall be no fee for a class "C" license. The license fee for a "Special Permit" shall be Ten Dollars ($10.00). .. b 0 I. Page 3. until it shall be found that such hall complies with and conforms SECTION VI. No licerise for a public dance shall be issued to all ordinances, health and fire regulations of the City of Muskego and of the State of Wisconsin, is properly ventilated, supplied with sufficient toilet conveniences, and is a safe and proper place for the purpose for which it is used. All public dance halls shall be kept in a clean and sanitary condition. All stairways and outer passages and all rooms connected ' 0 with the hall shall be kept open and well lighted. The Finance Com- mittee or any police officer or mayor shall have the power to cause the dance hall to be vacated whenever any provision of this ordinance is violated. SECTION VII. The license of any public dance hall may be revoked by the Council upon violation of this ordinance. I SECTION VIII. The following rules and regulations shall govern the conduct, operation and management of all public dances: (a) No person who is the proprietor of any dance hall or permit the use of intoxicating liquor in violation of law, who conducts, manages or is in charge of any dance shall any children of seventeen years of age or under unaccompan- the presence of intoxicated persons, or the presence of ied by their parent or lawful guardian. (b) No live music shall be furnished or played from one o'clock A.M. until eight o'clock A.M. (c) Idlers or loiterers shall not be permitted to remain which it is situated. either in a public dance hall or on the premises on SEC'l'ION IX. All fees for licenses as provided in this ordinance retained by the City of Muskego for the administration, execution shall be paid to the City Treasurer of the City of Muskego and and enforcement of this ordinance. who shall violate the provisions of this ordinance shall, upon con- Dollars ($10.00) or more than Two Hundred Dollars ($200.00) and the viction thereof, be subject to a forfeiture of not less than Ten costs of prosecution for each violation, and in default of payment forfeiture and costs of prosecution are paid, such imprisonment not thereof, shall be imprisoned in the Waukesha County Jail until such SECTION X. Any person, persons, society, club or corporation to exceed ninety (90) days. SECTION XI. All ordinances inconsistent with or contravening the provisions of this ordinance are hereby repealed. SECTION XII. This ordinance shall take effect upon passage and publication. Dated this 26th day of July, , 1966. ATTEST: City Clerk ORDINANCE #35 AN ORDINANCE PROVIDING FOR THE REGULATION CONTROL AND LICENSING OF PUBLIC DANCE HALLS THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DO ORDAIN AS FOLLClWS: in this section shall mean any dance or hall to which admission can SECTION I. The term "public dance" or "public hall" as used be had by the public general1.y upon payment of a fee or by the pur- chase, possession or presente.tion of a ticket or token; or in which a charge is made for caring for clothing or other property; or any other dance to which the pub1.i~ generally without any restriction may gain admission with or wl.thout payment of a fee; or any dance upon any premises licensed for the sale of fermented malt beverages operated for profit; or any d.ance or dancing conducted or permitted or intoxicating liquor, wheth,er or not any charge is made therefor. "he term "public dance hall" or "public ballroom" as used herein shall be taken to mear any room, place or space at which a public dance or ball may be held, or any premises licensed for the sale of fermented malt bevera.ges or intoxicating liquor where dancing by the public is conducted or permitted, or where any dancing is conducted or permitted, or' a hall or academy in which classes in dancing are held and instructions in dancing given for hire, except bona fide instruction in dancing given to children not over 17 years of age. SECTION 11. It shall be unlawful to hold any public dance or public ball within the limits of the City of Muskego until the dance hall in which the same may be held shall first have been duly licensed for such purpose. The application for such license shall be filed with the City Clerk and such application shall state: (a) Name, age, residence, occupation and citizenship of applicant. (b) Location at which such public dance hall is intended to be conducted. (c) Whether the applicant has within two years prior to the date of his application been licensed to conduct a public dance hall in this city. (d) The location where applicant conducted such public dance hall under such license, if any. (e) Whether the applicant has been convicted of violating any law within the last two years, if so, what? (f) The name of person or company owning the premises for which license is asked. (g) Such other information as the Finance Committee may require. All such applications shall be accompanied by the fee fixed by this ordinance for such license. In the event such license is denied, such fee shall be returned. It shall be unlawful in any event to conduct any public dance in the form or manner commonly known as "taxi dance" and no license shall be issued for any public dance to be conducted in the form or manner commonly known as "taxi dance". 8 Page 2 for in the above section sha1.l have complied with all the conditions SECTION 111. Whenever any applicant for a license as provided and regulations herein contained relative to the filing of his appli- cation, it shall be the duty of the City Clerk to forward such appli- ..c$tion to the Comon Council at the next regular or special meeting. Such application shall be referred to the Finance Cornittee of the is applied for and report back to the Council or to the Mayor and be issued by the City Clerk. the Mayor. Upon the granting; of any license, the same shall thereupon 6 Common Council who shall inspect the premises for which such license thereupon such license shall be granted or denied by the Council or Each license granted hereunder shall expire on the first day of July and the license shall be posted in a conspicuous place within the hall in which the dance is held. The licensee shall comply with this ordinance and any rules or regulations of the State of Wisconsin. transferable license for public dances shall be issued for the follow- ing four (4) divisions or classifications, namely, Class "A" license, Class "B" license and "Special Permit" license. SECTION IV. Classification as to types of licenses: Non- .. (a) Class "A" License. A Class "A" license is required for the premises in which a public dance is held where a charge is made for admission or where admission is by means of the purchase, possession or presentation of a ticket or an orchestra is employed to furnish the dance music. token or where the dance is advertised as such and where (b) Class "B" License. A Class "B" license is required when 0 dancing is incidental to such other business conducted in the premises used for dancing and where no charge, either directly or indirectly, is made for admission, and such dancing is not advertised as such and no orchestra or musicians are employed to furnish the music for such dancing. (c) Class "C" License. A Class "C" license is required when a non-profit, fraternal, church or school organization conducts a dance on any praises not holding a Class "A" or Class "B" license. Class 'ICT1 license shall be subject to all other provisions of this ordinance with the ex- ception that no fee shall be required to obtain a Class "C" license^. (d) "Special Permit" License. A "Special Permit" license may be granted to hold not more than one public dance in any structure or premises not licensed under either "A" all other provisions of this ordinance. or tlgt!. , such "Special Permit: license shall be subject to SECTION V. License Fees: The following schedule of license fees for the four (4) classes of dance hall license shall apply: The license fee for a Class "A" license shall be Twenty-Five m Dollars ($25.00) per year. ($10.00) per year. The license fee for a Class "B" license shall be Ten Dollars There shall be no fee for a class l'C" license. The license fee for a "Special Permit" shall be Ten Dollars ($10.00). Page 3. SECTION VI. No liceme for a public dance hall shall be issued until it shall be found that such hall complies with and conforms to all ordinances, health and fire regulations of the City of Muskego and of the State of Wisconsin, is properly ventilated, supplied with sufficient toi:let conveniences, and is a safe and proper place for the purpose for uh:Lch it is used. All public dance hall3 shall be kept in a clean and sanitary condition. All stairways and outer passages and all rooms connected with the hall shall be kept open and well lighted. The Finance Com- mittee or any police officer or mayor shall have the power to cause the dance hall to be vacated whenever any provision of this ordinance is violated. SECTION VII. The license of any public dance hall may be revoked by the Council upon .riolation of this ordinance. SECTION VIII. The fo:Llowing rules and regulations shall govern the conduct, operation and management of all public dances: (a) No person who :is the proprietor of any dance hall or who conducts, manages or is in charge of any dance shall permit the use of intoxicating liquor in violation of law, the presence of intoxicated persons, or the presence of any children o:C seventeen years of age or under unaccompan- ied by their parent or lawful guardian. (b) No dancing sha:Ll be permitted nor shall any music be furnished or p:layed from one o*clock A.M. until eight o'clock A.M. (c) Idlers or loitsrers shall not be permitted to remain which it is situated. either in a pu'3lic dance hall or on the premises on SECTION IX. All fees for licenses as provided in this and retained by the City of 14uskego for the administration, execution ordinance shall be paid to the City Treasurer of the City of Muskego and enforcement of this ordinance. SECTION X. Any person, persons, society, club or corporation who shall violate the provis:ions of this ordinance shall, upon con- Dollars ($10.00) or more than Two Hundred Dollars ($200.00) and the viction thereof, be subject 'to a forfeiture of not less than Ten costs of prosecution for each violation, and in default of payment forfeiture and costs of prosecution are paid, such Imprisonment not thereof, shall be imprisoned in the Waukesha County Jail until such to exceed ninety (90) days. SECTION XI. All ordinances inconsistent with or contravening the provisions of this ordinance are hereby repealed. SECTION XI. This ordinance shall take effect upon passage and publication. Dated this day of , 1966. Mayor ATTEST: City Clerk