City of Milwaukee - File #: 981588

• File #: 981588
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 2/9/1999
• In control: LICENSES COMMITTEE
• Final action: 6/22/1999
• Effective date: 7/10/1999
• Title: A substitute ordinance relating to prohibited costumes on Class "B" premises.
• Sponsors: THE CHAIR
• Indexes: ALCOHOL - REGULATION AND LICENSING, TAVERNS

Date	Ver.	Action By	Action	Result	Tally
7/9/1999	1	CITY CLERK	PUBLISHED
7/1/1999	2	MAYOR	SIGNED
6/22/1999	1	COMMON COUNCIL	PASSED	Pass	15:0
6/17/1999	2	CITY CLERK	DRAFT SUBMITTED
6/8/1999	1	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
6/2/1999	1	LICENSES COMMITTEE	HEARING NOTICES SENT
6/2/1999	1	LICENSES COMMITTEE	HEARING NOTICES SENT
5/10/1999	1	CITY CLERK	DRAFT SUBMITTED
2/10/1999		LICENSES COMMITTEE	REFERRED TO
2/10/1999		LICENSES COMMITTEE	REFERRED TO
2/9/1999	0	COMMON COUNCIL	ASSIGNED TO

NUMB:
981588
VERS:
SUBSTITUTE 2
REF:

XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to prohibited costumes on Class "B" premises.
SECS:
90-22-0 am
90-22-1 rc
90-22-2 rc
ANLS:
- Analysis -

To bring the city into conformity with recent changes in the interpretation of constitutionally protected expressive conduct resulting from the case of Lounge Management, Ltd. v. Town of Trenton, this ordinance clarifies costume standards for female dancers, performers and entertainers on Class "B" premises. This ordinance also repeals code provisions relating to conduct of a sexual nature on Class "B" premises.
BODY:
Whereas, The Common Council has authority under s. 125.10(1) to adopt regulations governing the sale of alcohol beverages which are in addition to those set forth in ch. 125, Wis. Stats, and which are not in conflict with ch. 125; and

Whereas, The Common Council has authority under its general police powers as set forth in s. 4-10 of the city charter and s. 62.11(5), Wis. 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 pursuant to its police powers 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, The Common Council recognizes the U.S. Supreme Court has held that nude dancing is expressive conduct within the First Amendment to the United States Constitution and therefore entitled to protection under the First Amendment; and

Whereas, Bars and taverns featuring live totally nude, non-obscene, erotic dancing have in other communities tend to increase 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 qua...