ORD1999990AMENDED
ORDINANCE #990
AN ORDINANCE TO AMEND CHAPTER 12, SECTION 12.01(8)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0
COMMON COUNCIL - CITY OF MUSKEG0
AN ORDINANCE PROHIBITING LIVE, TOTALLY NUDE, NON-OBSCENE, EROTIC
DANCING IN ESTABLISHMENTS LICENSED TO SELL ALCOHOL BEVERAGES AND
CREATING AN EXCEPTION FROM SUCH PROHIBITION FOR THEATERS, CIVIC
CENTERS, PERFORMING ARTS CENTERS, AND DINNER THEATERS WHERE LIVE
DANCE, BALLET, MUSIC AND DRAMATIC PERFORMANCES OF SERIOUS
ARTISTIC MERIT ARE OFFERED ON A REGULAR BASIS.
WHEREAS, the Common Council of the City of Muskego. has explicit authority under
sec. 125.10(1). Stats., to adopt regulations governing the sale of alcohol beverages
which are in addition to those set forth in ch. 125, Stats., and
WHEREAS, the Common Council of the City of Muskego has authority under its
general police powers set forth in sec. 62.11(5), Stats., to act for the good order of the
municipality and for the health. safety and welfare of the public; and may carry out its
powers by regulation and suppression; and
WHEREAS, the Common Council of the City of Muskego recognizes it lacks authority
to regulate obscenity in light of sec. 66.051(3), Stats., and does not intend by adopting
this ordinance to regulate obscenity, since nudity in and of itself is not obscene, it
declares its intent to enact an ordinance addressing the secondary effects of live,
totally nude, non-obscene, erotic dancing in bars and taverns; and
WHEREAS, bars and taverns featuring live totally nude, non-obscene, erotic 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 such secondary effects are detrimental to the
public health, safety and general welfare of citizens; and
WHEREAS, the Common Council of the City of Muskego recognizes the U.S. Supreme
Court has held that nude dancing is expressive conduct within the outer perimeters of
the First Amendment to the Unlted States Constitution and therefore entitled to some
limited protection under the First Amendment, and the governing body 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; and
WHEREAS, however, the governing body is aware, based on the experiences of other
communities, that bars and taverns in which live, totally nude, non-obscene, erotic
dancing occurs may and do generate secondary effects which the governing body
0
I
l
a
Ordinance #990
believes are detrimental to the public health, safety and welfare of the citizens of the
City of Muskego; and
WHEREAS, among these secondary effects are: (a) the potential increase in
prostitution and other sex-related offenses, as well as other crimes and offenses, (b)
the potential depreciation of property values in neighborhoods where bars and taverns
featuring nude dancing exist, (c) health risks associated with the spread of sexually
transmitted diseases, and (d) the potential for infiltration by organized crime for the
purpose of unlawful conduct; and
WHEREAS, the governing body desires to minimize, prevent and control these adverse
effects and thereby protect the health, safety and general welfare of the citizens of the
City of Muskego; protect the citizens from increased crime; preserve the quality of life;
preserve the property values and character of surrounding neighborhoods; and deter
the spread of urban blight; and
WHEREAS, the governing body has determined that enactment of an ordinance
prohibiting live, totally nude, non-obscene, erotic dancing in bars and taverns licensed
to serve alcohol beverages promotes the goal of minimizing, preventing and controlling
the negative secondary effects associated with such activity,
NOW, THEREFORE, the Common Council of the City of Muskego do ordain as follows:
Section 1. Chapter 12.01(8) of the Municipal Code of the City of Muskego, Wisconsin,
is hereby amended to delete sections (f) and (j).
Section 2. Chapter 12.01(8) of the Municipal Code of the City of Muskego, Wisconsin,
is hereby amended to create a new section (f):
(f) Nude Dancing in Licensed Establishments 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 clef or
cleavage with less than a fully opaque covering; or
above the top of the areola; or
2. Shows any portion of the female breast below a point immediately
3. Shows the covered male genitals in a discernibly turgid state.
Exemptions. The provisions of this ordinance 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
Ordinance #990
establishment is not distinguished by an emphasis on, or the advertising
or promotion of employees engaging in nude erotic dancing.
Definitions. For purposes of this ordinance the term "licensed
establishment" means any establishment licensed by Common Council of
the City of Muskego to sell alcohol beverages pursuant to Ch. 125, Stats.
The term "licensee" means the holder of a retail "Class A, "Class B",
Class "B, Class "A, or "Class C" license granted by the Common Council
of the City of Muskego pursuant to Ch. 125, Stats.
Section 3. The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sections, or portions thereof of the ordinance which
shall remain in full force and effect. Any other ordinance whose terms are in conflict
with provisions of this ordinance are hereby repealed as to those terms that conflict.
Section 4. This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS DAY OF JuLy.1999.
CITY OF MUSKEG0
-gelis, Mayor -
ATTEST.
First reading: 07/13/99
Published on the gTH day of
August, 1999
STATE OF WISCONSIN )
Milwaukee County )
) ss.
Official Notice
ORDINANCE 1990 AN ~~DINANCE TO AMEND CHAPTER 12.
SECTION lz.01m OF THE.~UNICIPAL:CODE
OF THE CITY OF MUSKEGO
TOTALLY NUDE, NON-OBSCENE. EROTIC-
AN ORDINANCE PROHIBITING LIVE.
DANCING IN ESTABLISHMENTS LICENSED
TO SELL ALCOHOL BEVERAGES AND CREAT-
TION FOR THEATERS, ClVlC CENTERS, PER-
INC AN EXCEPTION FR,OM SUCH PROHIBI.
FORMING ARTS CENTERS, AND DINNER THE-
erns: and
WHEREAS, bars and taverns' featuring live
totally nude. nmobscene, erotic dancing have in
other commumties tended to furthei the mcrease of
criminal and'other.offensi& a&ity, to dmypt the
peace and order of'the communities. to,depFci+e
the wlue of real property, .to harm .the. econ?sjc..
dthe eommuniiis%nd to negati<+lF?ffect:
ondary effeits ai$ detrmental to the public health.
thequahty of,lile of the cpmmunities. ahd BUC~SBC-
safety and general welfare ofcthrenn-. and
Muskego recognizes the.U.S Supreme Cowt has
WHEREAS, the Common Couned of the City of
held that nude dancing is.expressive conduct with-
in the outer per~inet&s.of the First Amendment to
the United States Constitirion and therefore enti-
tled to iome limltbd:pmteetion under the First
'hires thntfreedom ofspeech is among OUT most pre-
' Amendmen1,'ind the governing Cody further recog.
!~ eoriiistently'with full.protectian ofthose.riglit!; and
eious and high19 protected rights, and wisher to act
, awere, based on the exeerienCe..ofothereqmmuni- ,
WHEREAS. howvdv~,,dhe.,gpverbing body is i
nude. non-obkcene. erotic dancing occur6 may abd I
ties, that barn and. taverns m which. live, totally I
do generate recondaj efficts which the governing .r
body believea are deinmental to the public.health.
dety and jvelfard of the:citirens of the City .of' (t
Muskego; and WHEREAS among these secondary effecis ace:
sex.+&d dReenses: as'w&ll-ii other crimes and
(al~the potekial increase-.~rastitution and other
affehses, lbl the potential depreciation of property
values in netghborhaods where bars and taverns
featuring nude dancing exist. le) heslth riska 8880-
cisted with the spreid of sexually transmitted-dis-
eases;end Id) the potentid for mfiltration by orga-
nized crime for the purpose of unlawful conduct;
and
mme. prevent and conlrol these adverse effects and
WHEREAS, the governing body desires to mini-
7m~~~~~t-t~~lth~f~t~~~~ ieiieral'G1."
fare of the citizen. ol'ttii City of Muikego; pmteei :
quality of. life. preserve the property values and 1
the citilens'from..increased crime, preserve the
the%pread.df urban blight.:and
character of surrounding neighborhoods: and deter
WHEREAS. the governing body has determlned
totally nude. non-obscene. emtic dancing in bars
that enactment of an ordinance prohibitmg live,
and taverns licensed m serve alcohol beverages pro.
motes'thegoal of minhrring, preventing and con-
with such activity.
trolling, the negative secondary effects associated
the City of Muskego do ordain 8s follows.
NOW, .THEREFORE. the common couricil or
Code of the.City of Muskego. Wieconsin. is.herehy
Sech~L:Chipter '12.01(8) of the Municipal
amended to dekte sdctions,K and 0). renumbering
~ ~~~ ~
affected sections &ordir@y., .
' ..ChapIei"'iZ.blk ?f the Municipal
CiWCity of,Muskego: Wisconsin. is hereby
amended to create i nek'section li):
I
Suzanne Sobczyk being duly sworn, doth
deDose &%-at she is an authorized representative of The
MbSKEGO SUN,
a newspaper published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from the said paper, was published therein on
... .n ........................................
...... J!y.cJi&r,, .s ...................
.................. ...... ...
............................................
COMMON COUNCIL - CITY OF MUSKEG0
ORDINANCE #990
AN ORDINANCE TO AMEND CHAPTER 12, SECTION 12.01(8)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0
ity of Muskego recognizes it lacks authority
(3), Stats., and does not intend by adopting
nudity in and of itself is not obscene, it
ressing the secondary effects of live, totally
totally nude, non-obscene, erotic dancing
ed to further the increase of criminal and other offensive
activity, to disrupt the and order of the communities, to depreciate the value of
conomic welfare of the communities and to negatively affect
h secondary effects are detrimental to the
Council of the City of Muskego recognizes the U.S. Supreme
the governing body further
precious and highly protected
rights, and wishes to act consistently with full protection of those rights: and
WHEREAS, however, the governing body is aware, based on the experiences of other
communities, that bars and taverns in which live, totally nude, non-obscene, erotic
dancing occurs may and do generate secondary effects which the governing body
believes are detrimental to the public health, safety and welfare of the citizens of the
City of Muskego; and
1
Ordinance #990
WHEREAS, among these secondary effects are: (a) the potential increase in
prostitution and other sex-related offenses, as well as other crimes and offenses, (b)
the potential depreciation of property values in neighborhoods where bars and taverns
featuring nude dancing exist, (c) health risks associated with the spread of sexually
transmitted diseases, and (d) the potential for infiltration by organized crime for the
purpose of unlawful conduct; and
WHEREAS, the governing body desires to minimize, prevent and control these adverse
effects and thereby protect the health, safety and general welfare of the citizens of the
City of Muskego; protect the citizens from increased crime; preserve the quality of life;
preserve the property values and character of surrounding neighborhoods; and deter
the spread of urban blight; and
WHEREAS, the governing body has determined that enactment of an ordinance
prohibiting live, totally nude, non-obscene, erotic dancing in bars and taverns licensed
to serve alcohol beverages promotes the goal of minimizing, preventing and controlling
the negative secondary effects associated with such activity,
NOW, THEREFORE, the Common Council of the City of Muskego do ordain as follows:
Section 1. Chapter 12.01(8) of the Municipal Code of the City of Muskego, Wisconsin,
is hereby amended to delete sections (f) and (j), renumbering affected sections
accordingly.
Section 2. Chapter 12.01(8) of the Municipal Code of the City of Muskego, Wisconsin,
is hereby amended to create a new section (i):
(i) Nude Dancing in Licensed Establishments 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 clef or
cleavage with less than a fully opaque covering; or
above the top of the areola; or
2. Shows any portion of the female breast below a point immediately
3. Shows the covered male genitals in a discernibly turgid state.
Exemptions. The provisions of this ordinance 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.
Definitions. For purposes of this ordinance the term "licensed
establishment" means any establishment licensed by Common Council of
Ordinance #990
the City of Muskego to sell alcohol beverages pursuant to Ch. 125, Stats.
The term "licensee" means the holder of a retail "Class A, "Class B",
Class "B", Class "A, or "Class C" license granted by the Common Council
of the City of Muskego pursuant to Ch. 125, Stats.
Section 3. The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sections, or portions thereof of the ordinance which
shall remain in full force and effect. Any other ordinance whose terms are in conflict
with provisions of this ordinance are hereby repealed as to those terms that conflict.
Section 4. This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 27th DAY OF July ,1999
CITY OF MUSKEG0 A
David L. De Angelis, Mayor
ATTEST
jY
First reading: 07/13/99
Published on the 2 day of Auqust ,
1999