(a) The music of one or more musicians and dancing privileges.

(b) Specifically feature or advertise dancing in his premises using mechanical devices to produce music.

(c) Furnish entertainment by, or performance of, any act, stunt, Karaoke or dance by performers under his auspices, whether such performers or dancers are paid or not.

(d) This section shall not apply to holders of temporary Class “B” licenses.

(e) A probationary or regular cabaret license, as defined in section 8.02(2) and 8.02(3) of these ordinances, and upon approval of the County Board for the issuance thereof, shall be issued such license for one or more of the following specific uses, subject to compliance with further conditions set forth by the County Board:

(a) Upon the initial application for a license, made after enactment of this ordinance, and where the applicant held no 1981 license issued under the then existing county cabaret ordinance for the location specified, only a probationary license may be issued.

(b) The application for such Cabaret License shall be filed with the County Clerk and directed to the County Board, and shall be accompanied by the application fee.

(c) The application shall contain the name of the applicant and the location of the place to be licensed.

(d) All such applications shall be accompanied by a non-refundable fee of $200.00.

(e) Whenever such application is received by the County Clerk, he shall notify the town or village wherein the proposed license is to be held, publish a class-one notice of such application in a newspaper circulated in said town or village, and forward such application to the Sheriff, who shall then investigate or cause to be investigated such application for the purpose of determining whether the place to be licensed will comply with all the laws and regulations applicable thereto. The Sheriff shall, within 30 days, thereupon furnish to the Judiciary and Law Enforcement Committee of the Kenosha County Board in writing the information derived from such investigation, which committee shall then hold a public hearing on such application. Notice of such hearing shall be contained in said county clerk’s published notice. The Chairman of the Judiciary and Law Enforcement Committee is empowered to administer an oath to witnesses prior to taking any testimony regarding the granting or denial of a license.

(f) After such public hearing and after due deliberation in open session, such Judiciary and Law Enforcement Committee shall prepare a recommendation on such application and forward such recommendation to the County Board. The County Board shall either adopt, modify or reject such recommendation of the Judiciary and Law Enforcement Committee by majority vote. Upon the favorable voting for granting of the license, it shall thereupon be issued by the County Clerk. In the event the application is denied, such denial shall be based upon specific findings of facts.

(g) Each probationary license granted under this section shall be for a period of six (6) months, and each probationary license shall be subject to revocation as hereinafter provided.

(h) Probationary licenses may be granted based upon the written agreement of the applicant to comply with conditions set forth by the County. Conditions may only be imposed where findings of fact based upon evidence presented have been made and which address the safety, health and welfare of the general population including noise and crowd disturbances and parking.

(i) Form of License. The County Clerk shall be responsible for drafting and issuing all such probationary licenses. All such licenses shall specify the name of the holder of the license and the dates for which it is applicable as well as any conditions that may be imposed by the County Board. All such licenses shall be posted in public view.

(a) After an applicant has held a probationary license for a period of six months, the Judiciary and Law Enforcement Committee shall consider the issuance of a regular license. Whenever such application for a regular license is received by the county clerk, he shall follow those notification procedures provided for in subsection (2)(e) of this ordinance. Such consideration by the Judiciary and Law Enforcement Committee shall be preceded by an investigation by the Sheriff to determine if the licensee has complied with this ordinance during the time that the probationary license has been in effect. The Sheriff shall thereupon furnish to the Board in writing the information derived from such investigation within 30 days after application for a regular license. The sheriff shall also furnish the board in writing with information relative to the investigation of any complaints received by him concerning the holder of the probationary license. No application for a regular license will be taken earlier than 60 days prior to the expiration of the probationary license. If major structural modifications were not made to the premises, local building inspections may not be required for renewal of a Regular Cabaret License.

(b) The Judiciary and Law Enforcement Committee shall either adopt, modify or reject the application. If such recommendation by the Judiciary and Law Enforcement Committee is adopted by the County Board by majority vote, the regular license shall be granted. Upon the favorable voting for granting of the license, it shall thereupon be issued by the County Clerk. If said application is denied, the Committee and Board shall specify what findings were made in support of the denial.

(c) Each regular license granted under this section shall expire on August 1st of each year, and each license shall be subject to revocation as hereinafter provided. Upon receipt of the yearly fee, the applicant/holder of a Regular Cabaret license shall be allowed an automatic renewal. The renewal applicant must sign and verify that no structural changes were made to the premises. Changes would require a sheriff’s inspection at no cost.

(d) Regular licenses may be granted based upon the written agreement of the applicant to comply with conditions set forth by the County. Conditions may only be imposed where findings of fact based upon evidence presented have been made and which address the safety, health and welfare of the general population including noise and crowd disturbances and parking.

(e) Forms of License. The County Clerk shall be responsible for drafting and issuing all such regular licenses. All such licenses shall specify the name of the holder of the license and the dates for which it is applicable as well as any conditions that may be imposed by the County Board. All such licenses shall be posted in public view.

(a) Any holder of a regular license granted under this ordinance or any holder of a license granted under a prior ordinance who wishes to renew that license and obtain a regular license shall submit his application for renewal at least sixty (60) days before their present license expires. Such licenses may be renewed pursuant to the provisions of section (2)(e) of this ordinance as it applies to notice being given by the county clerk and pursuant to the provisions of section (3) of this ordinance as it applies to investigation by the sheriff’s department and action by the Judiciary and Law Enforcement Committee and the County Board. Renewal applications not timely received shall be treated as a new application under sec. (2) of this ordinance.

(b) All such applications shall be accompanied by a fee of $150.00.

(a) A holder of a Class “B” liquor or beer license within the unincorporated area of the county may apply for a special event cabaret license in lieu of obtaining a regular cabaret license. Said license will only be valid for a twenty-four (24) hour period.

(b) Only one special event license a month will be issued to any establishment. Two special event licenses shall be allowed during the month of December due to the number of holidays.

(c) Application for said license will be made with the County Clerk and shall require a fee of $50.00. The application shall be made at least three business days prior to the event and shall be forwarded to the Sheriff’s Department and the Department of Planning and Development to determine if the premises are in compliance with local ordinances. (3/6/12)

(d) The County Clerk is authorized to issue a special event cabaret license without further county board action unless the Clerk is notified by the Sheriff or Planning and Development within the three business day time period that the premises are not in compliance with local ordinances. (3/6/12)

(e) A special event license will be limited to musical entertainment and is applicable both inside the business establishment and on the immediate grounds.

(f) Where applicable, the regulations contained in (6) herein apply to special event licenses.

(a) No dancing shall be permitted within 6 feet of a bar over which patrons are directly served.

(b) While dancing is in progress, the dance area shall be illuminated by at least 2 foot candles per square foot.

(c) Good order shall be maintained at all times. Without limitation due to enumeration, a lack of “good order” for purposes of this section shall be deemed to include persistent loud noises to the annoyance or detriment of surrounding property owners, patrons urinating in public, using profane language or fighting.

(d) The following noise control standards shall be complied with at all times:

At the points of measurement hereinafter specified, the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound pressure level shall be measured with a Sound Level Meter and associated Octave Band Analyzer conforming to standards prescribed by the American Standards Association, Inc., New York, N.Y. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, American Standards Association, Inc., New York, N.Y. and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y. shall be used.)

If the noise is not smooth and continuous and is not radiated between the hours of 10 p.m. and 7 a.m. one or more of the corrections in Table II shall be applied to the octave band levels given in Table I.

The points of measurement for purposes of measuring sound levels shall be any property line of the licensed premises.

(e) The license holder shall insure that the building capacity set by the Town or Village Board or in lieu thereof, by the Kenosha County Sheriff’s Department, after consultation with appropriate consultants shall be maintained at all times.

(f) Adequate parking and if deemed necessary by the Sheriff’s Department for safety reasons, lighted parking facilities, shall be maintained so as to accommodate anticipated capacities.

(g) The license holder shall comply with all state statutes and regulations and all county and town or village ordinances.

(h) Entertainment may be confined to a specified location on the premises. Premises are defined for purposes of this section as the enclosed structure or part of any enclosed structure licensed for distribution of liquor and/or malt beverages.

(i) Music and other entertainment which is amplified inside shall cease after 1:00 a.m. with the exception that said music shall cease after 2:00 a.m. during daylight savings time.

(j) Music may be amplified outside only during daylight hours subject to the provisions of (d) above. Amplified music is allowed outside after dark for establishments operating under 8.01, Activity Control License.

(k) The management shall obey all reasonable orders or directions of any law enforcement officer.

(l) The performance of any act, stunt, or dance by performers under the auspices of the management, other than musicians, shall be given only on a raised portion of the floor separated by a railing or other device from the patrons so as to deter patrons from participating in any act, stunt or dance.

(m) No license holder personally or through his agent or employees shall permit any patron to participate in any act, stunt or dance with performers who are under the auspices or furnished by the management. This section does not apply to Karaoke.

(n) No patron shall participate in any act, stunt or dance by performers who appear under the auspices of the management. This section does not apply to Karaoke.

(o) No entertainer or musician shall associate or fraternize with customers on the premises of the licensed establishment in which he or she is currently performing in violation of the provisions of Wisconsin Statutes section 944.36.

(p) 

(a) A recorded hearing shall be held for the purpose of revoking a license under this ordinance. This hearing shall be preceded by written notice to the holder of such license at least ten days prior to said hearing. All hearings for revocation shall be heard before the county Judiciary and Law Enforcement Committee, which hearings shall afford the holder of such license an opportunity to present evidence on his or her behalf, to cross examine witnesses sworn under oath by the chairman of said committee and all such other due process rights to which the applicant may be entitled. The committee prior to revoking any such license shall make specific findings of fact to support revocation of the license. In lieu of revoking said license, conditions set by the committee to address specific nuisances, dangers or hazards may be imposed pursuant to section (2)(h) of this ordinance.

(b) Conviction for the violation of any provision of the Wisconsin Liquor Laws, local zoning or building and sanitary codes or the cabaret ordinance shall be sufficient for the Board to revoke such license. In the event any regular license is revoked, the fee paid for such license shall be forfeited and not returned to the holder.

(c) The Judiciary and Law Enforcement Committee may, after the hearing described in sub. (a), revoke any such Cabaret license upon sufficient proof that the holder has permitted or suffered the licensed premises to be conducted by himself, his employees, patrons or others in violation of health regulations or in a disorderly or improper manner, or in violation of the laws of the State or rules and regulations of the officers, boards, or commissions of the State applicable thereto, or for any reasons set forth in sub. (b).

(d) Appeal. Any license holder whose license is revoked may appeal to the Board of Supervisors in writing within 15 days of such decision.

(e) If any Cabaret License is revoked or rescinded, the applicant may reapply after a period of one year. The applicant must show that measures were taken to correct the deficiencies that caused the revocation. Any applicant having their cabaret license revoked twice should not be permitted to reapply for five years.