Public Entertainment Premises 108-1 CHAPTER 108 PUBLIC ENTERTAINMENT PREMISES TABLE ball pool, 8-ball pool, bottle pool, pea pool" and all other games played on a so-called billiard 108-1 Findings table and also all games played on a so-called 108-3 Definitions "pigeon-hole table." 108-5 License Required 2. CARNIVAL means the temporary 108-7 Issuance of License setting up, maintaining or operating of 108-9 Renewal of Licenses mechanical rides such as ferris wheels, merry- 108-11 Nonrenewal, Revocation or go-rounds, bumper cars, etc., for the use of Suspension of Licenses which a fee is charged. 108-12 Appeal rights 2.5. FESTIVAL means a special event 108-15 Alteration of Premises campground or program of cultural events, 108-16 Standards for Special celebrations or entertainment conducted by any Event Campgrounds person, group, organization or association 108-17 Public Entertainment Premises outdoors on private property within the city of License; Posting. Milwaukee. 108-18 Minors; Billiards 3. LICENSING COMMITTEE means 108-19 Supervision of Public the standing committee of the common council Entertainment Premises which is assigned jurisdiction over licensing 108-20 Gambling Prohibited matters. 108-21 Announcement of Curfew Hours 4. MOTION PICTURE HOUSE 108-22 Costume Regulations means any building, or parts thereof, used for 108-23 Hours for Public Entertainment the purpose of exhibiting motion pictures of any 108-25 Penalty kind for admission to which remuneration or any other consideration is paid, charged or received. 108-1. Findings. The common council finds 5. PERSON means any individual, that public entertainment premises promote firm, corporation, limited liability company, urban vitality and enrich people’s lives through partnership or association acting in a fiduciary artistic, cultural and recreational entertainment. capacity. However, various public entertainment premises 6. PUBLIC ENTERTAINMENT can also be a source of excessive noise and means any entertainment of any nature or litter, large and unruly congregations of people, description to which the public generally may traffic and parking congestion that adversely gain admission, either with or without the affect the surrounding neighborhood and the payment of a fee. Any entertainment operated health, safety and welfare of the people of the commercially for gain by membership, season city. This chapter is established pursuant to the ticket, invitation or other system open or offered responsibility of the common council to protect to the public generally shall be deemed to the freedom of speech and expression constitute a public entertainment. This definition guaranteed under the United States and includes dances, dancing by patrons to Wisconsin Constitutions, to legislate and license prerecorded or live music, dancing by for the protection of the health, safety and performers for or without compensation, shows welfare of the people of the city and to avoid or and exhibitions provided for a fee including diminish the negative secondary effects that can plays, skits, musical revues, children’s theater, result from these operations. dance productions, musical concerts, opera and the production or provision of sights or sounds 108-3. Definitions. In this chapter: or visual or auditory sensations which are 1. BILLIARD TABLE means any designed to or may divert, entertain or otherwise table, coin operated or not, surrounded by a appeal to members of the public who are ledge or cushion with or without pockets upon admitted to a place of entertainment, which is which balls are impelled by a stick or cue and produced by any means, including radio, which includes all forms of games known as phonograph, jukebox, television, video "carom, billiards, pocket billiards, 3-cushion reproduction, tape recorder, piano, orchestra or billiards, English billiards" and all other games band or any other musical instrument, slide or played on a billiard, pool or snooker table and movie projector, spotlights, or interruptible or which also includes the games known as "15- -637- 11/27/2018 108-5 Public Entertainment Premises flashing light devices and decoration. This term ch. 85 are sought or held, in which case the includes a carnival, festival, motion picture timeline set forth in ch. 85 applies. house or theater and, when offered to the public c. Any nonprofit organization which for a fee, bowling, billiard tables or amusement leases its premises for holding public machines as defined in s. 107-13. entertainment shall first obtain a public 7. PUBLIC ENTERTAINMENT entertainment premises license. PREMISES means any room, place or space in 2. EXEMPTION. No public which public entertainment is held, and includes entertainment premises license shall be required any room, place or space in which activities for the following: described in sub. 6 are conducted. a. A theater or motion picture house 7.5. SPECIAL EVENT CAMPGROUND at which the only person or organization means any parcel or tract of land which is providing motion pictures or theater designed, maintained, intended or used for the performances is the person or organization that purpose of providing sites for non-permanent owns the premises. overnight used by 4 or more camping units, b. Organizations formed exclusively during the course of a single event, such as a for the purpose of ballet performance and fair, rally or festival, for a maximum of 7 instruction and which have received tax-exempt consecutive nights or the maximum number of status from the United States internal revenue nights permitted by the zoning code, whichever service. is less. In this subsection, “camping unit” means c. Billiard tables provided on the any portable device, not more than 400 square premises of bona fide clubs or social feet in area, used as a temporary dwelling, organizations not operating for private profit including but not limited to a camping trailer, which provide other membership privileges and motor home, bus, van, pick-up truck or tent. activities, even though there is a charge for 8. THEATER means any building, or playing billiards. parts thereof, used for dramatic or operatic or d. Any public show or exhibition other exhibitions, plays or performances for conducted exclusively by nonprofit, admission to which remuneration or any other eleemosynary, educational, or religious consideration is paid, charged or received. organizations on their own premises. e. Any dance studio, which means a 108-5. License Required. room, place or space in which dancing classes 1. REQUIREMENT. a. No person are held and dancing instruction is given for hire. may conduct or operate a public entertainment f. Television programming or premises within the city without first securing recorded background music which is incidental either an annual license or permit therefor. to operation of the establishment located on the b. To promote and protect the premises and is either: freedom of speech and expression guaranteed f-1. In the case of a licensed alcohol under the First and Fourteenth Amendments to beverage premises, operated by the licensee, the United States Constitution and article I, manager or bartender. section 3 of the Wisconsin Constitution, the f-2. In the case of a premises without common council shall approve every application an alcohol beverage license, operated by a for a new public entertainment premises license regular employee of the establishment. or for a deviation from the type of entertainment g. Any public entertainment event specified on a previously-approved plan of held in the city hall rotunda when authorized by operation within 60 days after the city clerk the chair of the common council’s public works certifies that the application is complete, unless committee pursuant to common council the application is denied in writing by the resolution file number 80-1039, adopted on common council following a licensing committee February 10, 1981. hearing conducted in accordance with the h. The showing of motion pictures by procedures of ch. 85. The August common an eleemosynary organization on land owned by council recess shall not be included when the city or Milwaukee county, provided motion determining the 60-day period. The 60-day pictures are not shown more than twice monthly provision shall not apply if the application relates at a single location. to a premises for which one or more other licenses subject to the licensing procedures of 11/27/2018 -638- Public Entertainment Premises 108-5-3 3. APPLICATION. a. Filing. Ap- expected to be on the premises, their plication for a public entertainment premises responsibilities of these guards, the equipment license shall be filed with the city clerk on a form they will use in carrying out their duties and their provided therefor. licensing, certification or training credentials. b. Content. The application shall b-7-g. What plans the applicant has to require: insure the orderly appearance and operation of b-1. The name and permanent address the premises with respect to litter and noise. of the applicant. This shall include a description of designated or b-2. The name and address of the likely outdoor smoking areas, the number and premise for which the license or permit is to be placement of exterior and interior trash granted, including the aldermanic district in receptacles, crowd control barriers and which it is situated. sanitation facilities, as well as a description of b-3 If the applicant is a corporation, how applicable noise standards will be met for the name of the corporation shall be set forth the subject premises. exactly as it is set forth in its articles of b-7-h. Any other licenses held by the incorporation, together with the name and applicant or attached to the premises. address of each of its officers, directors and b-7-i. A description, with particularity, of designated managers, if any; the application the type of entertainment, exhibition, music, shall be verified by an officer of the corporation.