Ordinance 10.045
Nude Dancing In Licensed Establishments Prohibited

An Ordinance Prohibiting Live, Totally Nude, Non-Obscene, Erotic Dancing In Establishments Licensed To Sell Alcoholic 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.

THE VILLAGE BOARD OF THE VILLAGE OF PARK RIDGE DOES ORDAIN AS FOLLOWS:

WHEREAS, the Village Board of the Village of Park Ridge has explicit authority under Sec. 125.10 (1), Stats., to adopt regulations governing the sale of alcoholic beverages which are in addition to those set forth in Ch. 125, Stats., and

WHEREAS, the Village Board has authority under its general police powers set forth in Sec. 61.34, 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 Village Board 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 Village Board recognizes the U.S. Supreme Court has held that nude dancing is expressive conduct within the outer perimeters of the First Amendment to the United 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 believes are detrimental to the public health, safety and welfare of the citizens of the Village of Park Ridge; 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 wide 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 Village of Park Ridge; 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 serve alcoholic beverages promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such activity.

NOW, THEREFORE, the Village Board of the Village of Park Ridge does ordain as follows:

That section 10.045 of the Codified Ordinances of the Village of Park Ridge is created to read as follows:


ORDINANCE 10.045:  NUDE DANCING IN LICENSED ESTABLISHMENTS PROHIBITED

Section I.  PROHIBITIONS

A.            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

                2.             Shows any portion of the female breast below a point immediately above the top of the
                                areola; or
               
                3.             Shows the covered male genitals in a discernibly turgid state.

B.            No licensee or manager or agent of the licensee shall permit any person on the premises of a licensed establishment to perform acts of or acts which simulate:

                1.             Sexual intercourse, masturbation, sodomy, bestiality, oral copulation or flagellation.

                2.             The touching, caressing or fondling on the breast, buttocks, anus or genitals.

                3.             The displaying of the pubic hair, anus, vulva or genitals.

C.            No licensee or manager or agent of the licensee shall permit any person on the premises of a licensed establishment to show film, still pictures, electronic reproduction, or other visual reproductions depicting:

                1.             Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
                                copulation, flagellation or any sexual acts which are prohibited by law.

                2.             Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.

                3.             Scenes wherein a person displays the vulva or the anus or the genitals.

                4.             Scenes wherein artificial devices or inanimate objects are employed to depict, or
                                drawings are employed to portray, any of the prohibited activities described above.

Section II.  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.

Section III.  DEFINITIONS

For purposes of this ordinance, the term “licensed establishment” means any establishment licensed by the Village Board of the Village of Park Ridge to sell alcohol beverages pursuant to Ch. 125, Stats.  The term “license” means the holder of a retail “Class A”, “Class B”, “B”, Class “A”, or “Class C” license granted by the Village Board of the Village of Park Ridge pursuant to Ch. 125, Stats.

Section IV.  SEVERABILITY

If any section of this ordinance is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.

Section V.  PENALTY
 
Any person who violates any of the provisions of this ordinance shall be subject to a forfeiture of not less than one hundred dollars ($100) nor more than five hundred ($500).  Each day of violation shall constitute a separate offense.  Failure or refusal to pay forfeiture shall result in imprisonment for a period of not more than twenty five (25) days for each offense.  In addition, violation of this ordinance constitutes sufficient grounds for suspending or revoking or non-renewing an alcohol beverage license under  Sec. 125.12, Stats.                

Section VI.  EFFECTIVE DATE

This Ordinance shall take effect upon passage and publication as required.


Passed and adopted by the Village Board of  the Village of Park Ridge on this nineteenth day of  April, 1999.