Ordinances

VILLAGE OF BROOKLYN ORDINANCE CHAPTER 4
AN ORDINANCE TO AMEND
CHAPTER 4 OF THE CODE OF THE VILLAGE OF BROOKLYN
REGARDING ALCOHOLIC BEVERAGES
THE BOARD OF TRUSTEES OF THE VILLAGE OF BROOKLYN DO ORDAIN AS FOLLOWS:
Chapter 4, Alcoholic Beverages; of the Code of the Village of Brooklyn Code is hereby amended to read as follows:
Chapter 4 - ALCOHOLIC BEVERAGES[1]
Footnotes:
--- (1) ---
State Law reference— Licenses for nonintoxicating and soda water beverages, Wis. Stats. § 66.0433; alcoholic beverages, Wis. Stats. ch. 125; local regulation of alcohol, Wis. Stats. § 125.10.
 
Sec. 4-1. - State statutes adopted.
The provisions of Chap. 125 and statute 66.0433, Wis. Stats., defining and regulating the sale, procurement, dispensing and transfer of intoxicating liquor and fermented malt beverages, and other nonintoxicating and soda water beverages, including provisions relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made a part of this section by reference. A violation of any such provisions shall constitute a violation of this section.
(Ord. of 2-8-1999, § 27.01)
 
Sec. 4-2. - Licenses, permits, authorization required.
(a)  When required. No person except as provided by 125.04(1), 125.06 and 66.0433, Wis. Stats., shall, within the village, serve, sell, manufacture, rectify, brew or engage in any other activity for which this chapter or Chap. 125 or statute 66.0433, Wis. Stats., requires a license, permit or other authorization as provided in this chapter.
(b)  Separate license required for each place of sale. 125.04(9) Except for licensed public warehouses, a license shall be required for each location or premises where intoxicating liquor, fermented malt beverages or nonintoxicating and soda water beverages are commercially stored, sold or offered for sale.
(Ord. of 2-8-1999, § 27.02)
 
Sec. 4-3. - Classes of licenses and fees.
The following classes and denominations of licenses may be issued by the village clerk upon the granting by the village board after payment of the fee herein specified, which when so issued shall permit the holder to sell, deal or traffic in beverages as provided in state statutes 66.0433, 125.17, 125.25, 125.26, 125.27, 125.28, 125.51 and 125.56, Wis. Stats. License fees shall be prorated as is allowed by statute when requested for less than a full year. For the purposes of this section, a license year is defined as the period from July 1 to June 30. Except as to special six-month licenses, all licenses shall expire on the June 30 next following the date of issuance.
(1)  Retail Class "A" fermented malt beverage license. The amount of the annual license fee shall be established by the village board, from time to time, and made available for public examination in the office of the village clerk.
(2)  Retail Class "B" fermented malt beverage license. The amount of the annual license fee shall be established by the village board, from time to time, and made available for public examination in the office of the village clerk.

  1. Six months. A license may be issued at any time for six months in any calendar year, for which one-half of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which it was issued.
  2. Picnic. A license may be issued for a picnic or similar gathering of limited duration for a per day fee which shall be established by the village board, from time to time, and made available for public examination in the office of the village clerk.
  3. Bona fide clubs or lodges and Chamber of Commerce. Pursuant to Section 125.26(6), Wis. Stats., any bona fide club or lodge situated in the village and chartered or incorporated in the state for at least six months may be issued a license for a yearly fee.

(3)  Wholesale fermented malt beverage license. The amount of the annual license fee shall be established by the village board, from time to time, and made available for public examination in the office of the village clerk.
(4)  Retail "Class A" liquor license. The amount of the annual license fee shall be established by the village board, from time to time, and made available for public examination in the office of the village clerk.
(5)  Retail "Class B" liquor license.

  1.  This license shall permit its holder to sell liquor by the glass to be consumed on the licensed premises or off the premises if the licensee seals the container of liquor with a tamper-evident seal before the liquor is removed from the premises, and in original packages or containers in multiples to be consumed off the licensed premises. Wine may be sold in original packages or otherwise in any quantity to be consumed off the licensed premises. The village elects to come under the provisions of Section 125.51(3)(b), Wis. Stats. The amount of the annual license fee shall be established by the village board, from time to time, and made available for public examination in the office of the village clerk.
  2.  A Retail "Class B" liquor license shall be issued only to holders of a retail Class "B" fermented malt beverage license.

(6)  Reserve "Class B" liquor license. $10,000.00 for the initial issuance thereof. Its holder is permitted to sell liquor by the glass to be consumed on the licensed premises or off the premises if the licensee seals the container of liquor with a tamper-evident seal before the liquor is removed from the premises, and in original packages or containers in multiples to be consumed off the licensed premises. Wine may be sold in original packages or otherwise in any quantity to be consumed off the licensed premises.
(7)  Temporary Class "B" (beer) license.

  1.  This license shall permit its holder to sell beer by the glass to be consumed at multiple locations during a single-day event on a specific date and time. This license shall be issued to the same qualified organization, who is the licensee and sponsor of the multiple-location, single-day event. The single-day event can take place in a location where another type of business is conducted. This event must charge an admission fee and cannot charge a fee for service of the beer. There is no limit on the number of this license issued per year to the same organization.
  2.  The village elects to come under the provisions of Section 125.26(6) Wis. Stats. The amount of the temporary license fee shall be established by the village board from time to time but may not exceed $10.00.

(8)  Temporary "Class B" wine license.;

  1.  This license shall permit its holder to sell wine by the glass to be consumed at multiple locations during a single-day event on a specific date and time. This license shall be issued to the same qualified organization, who is the licensee and sponsor of the multiple-location single-day event. The single-day event can take place in a location where another type of business is conducted. This event must charge an admission fee and cannot charge a fee for service of the wine. The village may not issue more than two single-day, multiple-location events during a 12-month period to any qualified organization.
  2.  The village elects to come under the provisions of Section 125.51(10)(b) Wis. Stats. The village may issue up to 20 Temporary "Class B" wine licenses to an eligible organization provided all of the following apply: each license is issued for the same date and times and the licensee is the sponsor of an event held at multiple locations on this date and at these times, an admission fee is charged for participation in the event and no additional fee is charged for service of alcohol at the event, and within the immediately preceding 12-month period, the village has issued licenses under Section 125.51(10)(b) for fewer than 2 events. The amount of the temporary license fee shall be established by the village board from time to time but may not exceed $10.00, except no fee may be charged to an organization who at the same time applies for a temporary Class “B” (beer) license. The village may charge this fee or each location.

(9)  Retail "Class C" wine license. Issuance of this license shall permit its holder to sell wine by the glass to be consumed on the licensed premises. A "Class C" license may be issued independent from a Class “B” fermented malt beverage license or a “Class B” liquor license. Issuing a “Class C” license to businesses that are not restaurants as defined in SE. 125.02(19) Wis. Stats. Is prohibited.   The amount of the annual license fee shall be established by the village board, from time to time, and made available for public examination in the office of the village clerk.
(10)  Operator's license. The amount of the annual license fee shall be established by the village board, from time to time, and made available for public examination in the office of the village clerk.

  1.  An operator's license may be granted to individuals by the village board, the village clerk or deputy clerk for the purposes of complying with Wisconsin Statutes 125.32(2) and 125.68(2).
  2.  An operator's license may be issued only on written application on forms provided by the village clerk.

(11)  Provisional operator's license. $15.00 each. The village clerk-treasurer or deputy clerk-treasurer may issue provisional operator's licenses in accordance with Sec. 125.17, Wis. Stats. The provisional operator's license shall expire 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner. The clerk-treasurer shall check the applicant’s conviction history.   The applicant for such provisional license must present evidence to the clerk-treasurer establishing that the applicant is enrolled in an alcohol awareness training program established pursuant to Sec 125.17(6)(a), Wis. Stats. The village clerk-treasurer may, upon receiving an application for a provisional license, issue such license without requiring the successful completion of the approved program as described herein. However, such license shall be used only for the purpose of allowing such applicant the privilege of being licensed as a beverage operator pending his successful completion of the approved program, and the applicant shall also apply for a regular operator's license. A provisional license may not be issued to any person who has been denied an operator's license by the village, who has had his operator's license revoked or suspended within the preceding 12 months, or who previously held an operator's license and who failed to complete the alcohol awareness training.  The village clerk-treasurer may revoke the provisional license issued if he discovers that the holder of the license made a false statement on the application. A provisional license shall not be renewed.
(12)  Retail non-intoxicating and soda water beverage license. Except for those persons holding a retail Class "B" fermented malt beverage license, the license shall entitle the holder to sell, deal or traffic in non-intoxicating and soda water beverages for consumption on or off the licensed premises by the general public. The amount of the annual license fee shall be established by the village board, from time to time, and made available for public examination in the office of the village clerk.
(13)  Nonrefundable fees. No refund of any fee paid shall be made once the license has been issued.
(Ord. of 2-8-1999, § 27.03; Ord. of 6-11-2007; Ord. of 11-19-2012)
 
Sec. 4-4. - License application.
(a)  Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the state department of revenue. All other license applications required hereunder shall be made in writing on forms prescribed by the village. All applications shall be filed with the village clerk and shall, with the exception of an operator's license, physically describe the premises to be licensed, including every room and storage space to be covered by the license and all rooms joined by connecting entrances or not separated by a solid wall.
(b)  Application to be signed. Applications shall be signed by the applicant as provided by statute 887.01, Wis. Stats.
(c)  License investigation:  The village clerk may notify the police department, the fire chief, and building inspector of each application for any license provided under this section and these officials shall inspect or cause to be inspected each application and the premises together with such other investigation as shall be necessary to comply with the regulations, ordinances, and the laws applicable thereto, and to determine whether the applicant is a proper recipient of the license requested. These officials shall furnish to the village clerk, in writing, the information derived from such investigations accompanied by a recommendation as to whether the license shall be granted or refused.
(1)  No license shall be renewed without a re-inspection of the premises.
(2)  In determining the suitability of an applicant, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises proposed, and generally, the benefits, if any, the village will realize from the issuance of the license.
(3)  Copies of the application and all inspections shall be forwarded to the village board for review and approval.
(d)  Filing.  As required under Chap. 125, Wis. Stats., by July 15 annually, a list containing the name, address and trade names of each person holding a license, other than a manager’s or operator’s license or temporary license, the type of license held, if the person holding the license is a corporation or LLC, and the name of the agent, shall be forwarded by the village clerk to the state department of revenue.
(e)  Granting and issuance. The granting and issuance of licenses authorized under this section shall be governed by the following:
(1)  All license applications submitted hereunder shall be granted or denied no later than by the date of the first regular village board meeting subsequent to the 45-calendar day period following the date of application. A granted license shall be issued at the office of the village clerk within 45 calendar days of such granting. Failure by the applicant to appear and take receipt of a granted license during this 45-day period shall be treated as a voluntary withdrawal of the application, subject to the provisions on nonrefundable fees set forth in this section.
(2)  Subject to the limits set forth in subsection (e)(1) of this section, the village clerk shall hold the license after the same has been granted by the village board until the applicant has complied with all state laws and local ordinance violations as determined by the above investigation and all conditions associated with the issuance as may be imposed by the village board.
(Ord. of 2-8-1999, § 27.04)
 
Sec. 4-5. - License restrictions.
(a)  Statutory requirements. Licenses shall be issued only to persons eligible therefore under Sections 66.0433, 125.04 and 125.32 and 125.68, Wis. Stats.
(b)  Location. No retail "Class A" liquor license, retail "Class B" liquor license or retail Class "B" fermented malt beverage license (except picnic) shall be issued for premises the main entrance of which is less than 300 feet from the main entrance of any established public or parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, hospital or church to the main entrance of the premises covered by the license application. This subsection shall not apply to premises licensed as such on June 30, 1947, any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school, hospital or church building, nor shall it apply to any restaurant located within 300 feet of a church or school, where the sale of alcohol beverages in the restaurant accounts for less than 50 percent of their gross receipts.
(c)  Violators of liquor or beer laws or ordinances. No retail Class "A" or "B" liquor or fermented malt beverage license shall be issued to any person who has an arrest or conviction record subject to the Wisconsin Fair Employment Act (secs. 111.321 111.322 and 111.335), is a habitual law offender, or convicted of a felony which substantially relates to the alcohol beverage licensing activity.  This qualification also applies to corporations and partnerships.  However, a corporation may be issued a license if the corporation has terminated its relationship with the individual whose actions directly contributed to the conviction.
(d)  Health and sanitation requirements. No retail “Class B” or “Class C” license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the department of agriculture, trade and consumer protection pertaining to sanitation in restaurants, to the rules and regulations of the state department of health services applicable to restaurants and to all such ordinances and regulations adopted by the village.
(e)  License quota. The number of retail "Class A" and "B" liquor licenses that may be issued under this section is as follows:
(1)  Only one retail "Class A" liquor license shall be issued for every 500 village inhabitants or portion thereof. The total number of village inhabitants shall be determined as of the most recent federal decennial census.
(2)  The number of persons and places that may be issued a retail "Class B" liquor license or a reserve "Class B" liquor license is limited as provided in Wis. Stats. §§ 125.51(4) and 125.51(4)(br)1.
(f)  Age requirement. No license, with the exception of an operator's license, shall be issued to any person under the legal drinking age. An operator's license may be issued to any person 18 years of age or older.
(g)  Effect of revocation of license. Whenever any license issued under this section has been revoked, at least 12 months shall elapse from the time of said revocation before another license shall be issued under this section to the person whose license was revoked.
(h)  Delinquent taxes, assessments and claims. No license or license renewal shall be issued under this section for any premises or person for which taxes, assessments, forfeitures or other claims of the village or of the state are delinquent and unpaid.
(i)  Issuance for sales in dwellings prohibited. No license shall be issued or transferred to any person for the purposes of possessing, selling or offering for sale any alcohol beverages in any dwelling house, flat or residential apartment.
(j)  Good moral character. No operator’s license, retail "Class B" fermented malt beverage license, or retail "Class B" liquor license shall be granted to any person who is not of good moral character.
(1)  Only the following will be considered grounds for a determination that an applicant for a retail "Class B" fermented malt beverage license or retail "Class B" liquor license lacks good moral character:

  1.  Two or more convictions within the past three years of driving a motor vehicle while under influence of alcohol or other intoxicant or drug in violation of Subchapter X of Chapter 346 of the Wisconsin Statutes; or
  2.  Use of alcohol or other intoxicant or drug to an extent that such use would impair his ability to competently tend bar.

(2)  If a retail "Class B" fermented malt beverage license or retail "Class B" liquor license is denied or suspended on the basis of subsection (k)(1)a of this section, the person denied or suspended may not apply for a license under this chapter for period of ten years from the date of the most recent violation under subsection (k)(1)a of this section.
(3)  A lack of good moral character may not be the basis on which an operator's license is denied unless there is evidence that the applicant would pose a threat to the safety or welfare of patrons of the establishment in which he would be employed. Only the following will be considered grounds for a determination that an applicant for an operator's license lacks good moral character:

  1.  Suspension or revocation of a Class A, Class B, or operator's license, or dismissal from a bartending job if:
  2.  There is a relationship between the reasons for the suspension, revocation or dismissal and the applicant's ability to competently tend bar without endangering the safety or welfare of the patrons of such bar; and
  3.  The suspension, revocation or dismissal occurred within a year of the date of the application, or there has been more than one such suspension, revocation or dismissal within three years of the date of the application.
  4.  Conduct exhibiting the use (within the past three years of the date of the application) of alcoholic beverages, to an extent or in a manner dangerous to any other persons, including, but not limited to, two or more convictions within the past three years of driving a motor vehicle while under influence of alcohol or other intoxicant or drug in violation of Subchapter X of Chapter 346 of the Wisconsin Statutes, or to an extent that such use would impair his ability to competently tend bar.
  5.  A misdemeanor or criminal conviction for which the applicant has not received a full or conditional pardon, if:
  6.  There is a relationship between the nature of the crime involved and the applicant's ability to competently tend bar without endangering the safety and welfare of the patrons of such bar;
  7.  The applicant was convicted, fined or confined in a correctional institution, within two years of the date of the application, or the applicant was convicted on more than one occasion within three years of the date of the application; and
  8.  The applicant was convicted of selling a controlled substance within one year of the date of application.

(4)  Before the village board denies an operator's license, retail "Class B" fermented malt beverage license or retail "Class B" liquor license on the basis provided herein, the applicant shall be given the opportunity to present evidence of rehabilitation. Such evidence may include, but is not limited to, letters of recommendation, evidence of family stability or educational advancement, satisfactory work performed, professional counseling, and participation in community activities.
(5)  If the license is denied, the applicant shall have the right to file an appeal with the village board within 30 days, and appear and be represented before the village board, to be heard, to present evidence in favor of the granting of the license, and to rebut the evidence presented in opposition to the granting of the license.
(Ord. of 2-8-1999, § 27.05; Ord. of 2-9-2004)
 
Sec. 4-6. - Form and expiration of licenses.
All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid and the name of the licensee and, unless sooner revoked, shall expire on June 30 thereafter, except as otherwise provided. The village clerk shall affix his affidavit as may be required by Wis. Stats. § 125.04(4).
(Ord. of 2-8-1999, § 27.06)
 
Sec. 4-7. - Transfer of licenses.
(a)  As to person. No license shall be transferable as to licensee except as provided by Wis. Stats. § 125.04(12).
(b)  As to place. Licenses issued pursuant to this section may be transferred as provided in Wis. Stats. § 125.04(12). Application for such transfer shall be made on blanks furnished by the state department of revenue. Proceedings for transfer shall be had in the same manner and form as the original application.
(Ord. of 2-8-1999, § 27.07)
 
Sec. 4-8. - Posting and care of licenses.
Every license or permit required under this section shall be framed and posted and at all times displayed as provided in Wis. Stats. § 125.04(10). No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application, or knowingly deface or destroy such license.
(Ord. of 2-8-1999, § 27.08)
 
Sec. 4-9. - Regulation of licensed premises and licensees.
(a)  Gambling and disorderly conduct prohibited. Each licensed or permitted premises shall at all times be conducted in an orderly manner, and no unlawful, disorderly, riotous or indecent conduct shall be allowed at any time on any such premises. Except as authorized by state law, no gambling or game of chance of any sort shall be permitted in any form upon any premises licensed under this chapter of the laws of the state.
(b)  Employment of minors. No licensee shall employ any person under the legal drinking age to serve, sell, dispense or give away any alcohol beverage.
(c)  Sales by clubs. No club shall sell any alcohol beverage except to members and guests invited by members.
(d)  Safety and sanitation requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.
(Ord. of 2-8-1999, § 27.09)
 
Sec. 4-10. - Closing hours.
(a)  Hours. No premises for which an alcohol beverage license or permit has been issued shall remain open for the sale of alcohol beverages during the following hours:
(1)  Wholesale license: Between 5:00 p.m. and 8:00 a.m., except on Saturday when the closing hour shall be no later than 9:00 p.m.
(2)  Retail "Class A" liquor license: Between 9:00 p.m. and 6:00 a.m.
(3)  Retail Class "A" fermented malt beverage license: Between 12:00 midnight and 6:00 a.m.
(4)  Retail Class "B" and "Class B" licenses and permits: Between 2:00 a.m. and 6:00 a.m., Monday through Friday and 2:30 a.m. and 6:00 a.m. Saturday and Sunday, except on each day of the year when the standard of time is advanced under Wis. Stats. § 175.095. No package, container or bottle sales may be made between 12:00 midnight and 6:00 a.m.
(b)  Exceptions. Hotels, restaurants and other commercial establishments whose principal business is the sale or furnishing of food or lodging, and bowling alleys, movie theaters, painting studios, indoor golf and baseball facilities, racetrack grounds, indoor horseshoe-pitching facilities, curling clubs, and golf courses and golf clubhouses, may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold during the applicable above stated hours.
(c)  Definition. For the purpose of this section "shall remain open" does not apply to the licensee and his authorized agents or employees remaining on the premises after closing hours specifically to clean or repair the premises; however, the general public or individuals not specifically so authorized or employed by the licensee shall not be permitted to remain on the premises after closing hours, and the doors to the premises shall be locked to prevent access by such persons.
(Ord. of 2-8-1999, § 27.10)
 
Sec. 4-11. - Revocation and suspension of licenses.
(a)  Procedure. Whenever the holder of any license issued under this chapter violates any portion of this section, proceeding for the revocation or suspension of such license may be instituted in the manner and under the procedures established by Wis. Stats. §§ 125.11 and 125.12, and the provisions therein relating to issuing a new license shall likewise be applicable.
(b)  Suspension. In addition to the procedures and penalties set forth in this section:
(1)  Any wholesale or retail license issued under this section shall be suspended by the municipal court or other court of competent jurisdiction for a period not less than one 10 days and not more than 15 90 days upon the conviction in municipal court or other court of competent jurisdiction of a licensee or employee, agent or representative thereof for a first offense under this section or for a violation of Chap. 125 or 139, Wis. Stats., or any other federal or state liquor or fermented malt beverage law.
(2)  Any operator's license issued under this section shall be suspended by the municipal court or other court of competent jurisdiction for a period not less than 10 days and not more than 90 days upon the conviction in municipal court or other court of competent jurisdiction of the licensee for a first offense under this section or for a violation of Chap. 125 or 139, Wis. Stats., or any other federal or state liquor or fermented malt beverage law.
(c)  Automatic revocation. Any license issued under this section shall stand revoked without further proceedings upon any conviction in municipal court or any other court of competent jurisdiction of a licensee or employee, agent or representative thereof for a second offense under this section or for a violation of Chap. 125 or 139, Wis. Stats., or any other federal or state liquor or fermented malt beverage law.
(Ord. of 2-8-1999, § 27.11)
 
Sec. 4-12. - Non-renewal of licenses.
Before renewal of any license issued under this section is refused, the licensee shall be given written notice of any charges of violations or the reasons proposed for non-renewal and a copy of any proposed motion for non-renewal, and the licensee shall have an opportunity to be heard before the village board.
(Ord. of 2-8-1999, § 27.12)
 
Sec. 4-13. - Violations by agents and employees.
A violation of this chapter by an employee, agent or representative of a licensee shall constitute a violation by the licensee.
(Ord. of 2-8-1999, § 27.13)
 
Sec. 4-14. - Underage and intoxicated persons.
The provisions of Sections 125.07, 125.075, 125.085, 125.09, 125.10 and 125.11, Wis. Stats., defining underage and intoxicated persons, their presence on licensed premises, possession, injury or death by providing alcohol beverages to a minor, proof of age, including provisions relating to the penalty to be imposed on the punishment for violation of such statutes, are adopted and made a part of this section by reference. A violation of any such provisions shall constitute a violation of this section.
(Ord. of 2-8-1999, § 27.14)
 
Sec. 4-15. - Prohibiting certain adult entertainment.
(a)  Purpose. The purpose of this section is to regulate certain adult entertainment in order to promote the health, safety, morals and general welfare of the citizens of the village. The village board declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, non-obscene erotic dancing in bars and taverns. The following provisions have neither the purpose nor the effect of imposing a limitation or restriction on the content of any form of communication or communicative materials or of suppressing or censoring any expressive activities protected by the First Amendment of the United States Constitution or Article I, Section 3 of the Wisconsin Constitution. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented entertainment protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize sexually oriented entertainment.
(b)  Findings. Based on evidence concerning the adverse secondary effects of sexually oriented entertainment on communities presented in reports made available to the board, and on findings incorporated in the cases City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976), Barnes v. Glen Theatres, Inc., 501 U.S. 560 (1991), and Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003), on a report by the Attorney General of the State of Minnesota, and on studies in other communities, including, but not limited to, St. Croix County, Wisconsin; Phoenix, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; Seattle, Washington; Ellicottville, New York; and Islip, New York, the village board finds:
(1)  Bars and taverns featuring live, totally nude, non-obscene erotic dancing have in other communities tended to increase ancillary unlawful and unhealthy activities. 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. Among these secondary effects are:

  1.  The potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses;
  2.  The potential depreciation of property values in neighborhoods where bars and taverns featuring adult entertainment exist;
  3.  Health risks associated with the spread of sexually transmitted diseases; and
  4.  The potential for infiltration by organized crime for the purpose of unlawful conduct.

Further, there is presently no mechanism to make the owners of these establishments responsible for such activities that occur on their premises.
(2)  The village board desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the village; protect the citizens from increased crime; preserve the quality of life; preserve the property value and character of surrounding neighborhoods; and deter the spread of urban blight.
(3)  The village board recognizes it lacks authority to regulate obscenity in like of 66.0107(2), (3), Wis. Stats., does not intend by adopting this section to regulate obscenity, since nudity in and of itself is not obscene, and declares its intent to enact a section addressing the secondary effects of live, totally nude, non-obscene erotic dancing in bars and taverns.
(4)  The village board has determined that enactment of a section 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 adverse secondary effects associated with such activity.
(5)  A reasonable regulation of live, totally nude, non-obscene erotic dancing will provide for the protection of the image of the community and its property values and protect the residents of the community from the adverse secondary effects of such activity.
(6)  The general welfare, health, morals and safety of the citizens of the village will be promoted by the enactment of this section.
(c)  Prohibited conduct in licensed establishments.
(1)  It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee pursuant to this chapter, 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 genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering;
  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.

(2)  It is unlawful for any person who is an entertainer, employee or patron to knowingly or intentionally, and no licensee, operator, manager, agent, principal or other person in charge of a premises or establishment may knowingly or intentionally permit any entertainer, employee, patron or other person to, touch or come in contact with the genitals, perineum, anus, anal region, pubic area, vulva, natal or anal cleft of any other person, or the breasts, nipples or areola or of any female, upon the premises, property or establishment that is or should be licensed under this section.
(3)  It is unlawful for any person, with or without consideration, to perform or engage in, and no operator, licensee, manager, agent, principle or person in charge of a premises of the licensee may permit any entertainer, employee, patron or other person to perform or engage in, any act of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio or cunnilingus upon the premises or property of an establishment that is or should be licensed under this section.
(4)  It is unlawful for any nude or semi-nude entertainer or employee to be visible from outside the licensed premises.
(5)  It is unlawful for any employee or entertainer of the licensed premises to, in any manner, orally encourage or solicit any other person to come into the premises on the basis of the entertainment or service policies of the establishment.
(d)  Exemptions. The provisions of this section 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 seriously 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.
(e)  Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Genitals means the visible and related human sex organs, including, but not limited to, the penis, testicles and vulva.
Licensed establishment means any establishment licensed by the village to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
Licensee means the holder of a retail Class "A" or Class "B" fermented malt beverage license, a wholesale fermented malt beverage license, a retail "Class A" or "Class B" liquor license, or a reserve "Class B" liquor license, granted by the village pursuant to this chapter and Ch. 125, Wis. Stats.
Nude means the intentional or knowingly showing or revealing of a human bare buttock, anus, perineum, anal region, anal or natal cleft or cleavage, pubic area, male genitals, testicle, female genitals, or vulva, or female nipple, female areola, or female breast below the point immediately above the top of the areola, whether or not in a state of sexual stimulation or arousal, with less than a fully opaque covering; or the showing or revealing of human male genitals in a discernible erect or turgid state, even if completely and opaquely covered.
Turgid means swollen, in a state of distension, or erect.
(f)  Penalties. Any person, partnership, or corporation who violates any provisions of this section shall be subject to suspension or revocation of license as provided in section 4-11. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues.
(Ord. of 2-8-1999, § 27.15; Ord. of 8-8-2005)
 
Adopted by the Board of Trustees of the Village of Brooklyn, Wisconsin, this
26th day of July, 2021.
 
APPROVED:
 
_______________________________________
Mark Bruner, Village President
 
Ayes:___7__                                                   ATTEST:
Nays:___0__
_______________________________________
Linda Kuhlman, Clerk-Treasurer

 

 

VILLAGE OF BROOKLYN ORDINANCE CHAPTER 117

AN ORDINANCE TO AMEND

SECTION 117-900 OF CHAPTER 117 OF THE CODE OF THE VILLAGE OF BROOKLYN

REGARDING DEFINITIONS

THE BOARD OF TRUSTEES OF THE VILLAGE OF BROOKLYN DO ORDAIN AS FOLLOWS:

Section 117-900:  Chapter 117, Zoning Code; Article V.  Zoning Districts and Land Use;  Division 4. District Uses and Requirements; Section 117-900 LC Light Commercial District, of the Code of the Village of Brooklyn Code is hereby amended to read as follows:

Sec. 117-900. - LC light commercial district.

(a)  Purpose. The LC district is an area intended to provide for light commercial and business use with minimal off-site impact.

(b)  Permitted uses. The following uses of land are permitted in the LC district:

(1)  Light industrial use incidental to indoor sales.

(2)  Service business; business that provides service to the general public including, but not limited to, the following:

  1.  The sale, service, repair, testing, demonstration of radios, television, sound equipment, electronics, musical instruments or other such devices.
  2.  The sale, service, repair, testing, demonstration of motor-driven bicycles, commonly called motorbikes (not motorcycles); scooters, and/or nonmotor bicycles.
  3.  Contractor's businesses, workshop and yard; including outdoor storage of equipment and machinery.
  4.  Auto repair shop (the number of unenclosed vehicles awaiting sale or repair shall be established by the plan commission):
  5.  General vehicle repair.
  6.  Engine rebuilding or reconditioning.
  7.  Motor vehicle reconditioning and minor collision repair.
  8.  Vehicle restoration services.
  9.  Building maintenance and janitorial services.
  10.  Publishing and printing, on a small scale, of newspapers, periodicals or books.
  11.  On a small scale, wireless communication systems.
  12.  Artisan brewery, distillery and winery.
  13.  Skilled trades services.
  14.  Locksmith.
  15.  Upholstery and furniture repair.
  16.  Small engine service and repair.
  17.  Shoe repair.
  18.  Lawn maintenance.
  19.  Craft/artisan studios, including but not limited to light fabrication or processing with indoor sales permitted.

(3)  Storage facility.

  1.  Indoor storage.
  2.  Storage space leased to individuals, organizations or businesses.
  3.  Storage or personal or business property.
  4.  Outdoor storage.
  5.  Outdoor storage of contractor equipment/machinery, where a bona fide business under principal ownership or lease is present and is a necessary part of the business operation.
  6.  Licensed and operable commercial vehicles such as buses, trucks, trailers, RV’s, boats, semi-tractor-trailers or other commercial vehicles as defined by Wisconsin Department of Motor Vehicles (over 26,000 lbs GVWR), not to exceed 1 vehicle and 1 trailer.

 

(4)  Wholesale establishment. A small scale establishment providing storage, distribution and sale of merchandise and bulk goods, including mail order and catalog goods, importing, or wholesale of bulk goods.

(c)  Conditional uses.

(1)  Light, small scale manufacturing.

  1.  Indoor manufacturing, assembly, fabrication, packaging or other industrial processing of finished parts or products primarily from previously prepared materials.
  2.  Fabrication or packaging of food, beverages, textile, leather, wood, paper, chemical, plastic or metal products but does not include basic industrial processing from raw materials.

(2)  General temporary outdoor sales.

(3)  Outdoor assembly.

(4)  Restaurant.

(5)  Bed and breakfast establishment.

(6)     Licensed and operable commercial vehicles such as buses, trucks, trailers, RV’s, boats, semi-tractor-trailers or other commercial vehicles as defined by Wisconsin Department of Motor Vehicles (over 26,000 lbs GVWR), exceeding 1 vehicle and 1 trailer.

(Ord. of 4-13-2015)

VILLAGE OF BROOKLYN

NOTICE OF ADOPTED ORDINANCE CHANGES

On April 12, 2021, the Village of Brooklyn Village Board adopted changes to the following ordinances:   Chapter 117: 117-34 Definitions, 117-1010 Accessory Uses and Structures; 117-1051 Loading Requirements; 117-1052 Parking; 117-1053 Driveways including Fig 6; 117-1057 Lighting; 117-1058 Landscaping; 117-1059 Preservation of Topography.

A copy of the adopted ordinance changes are below and will be on file and open for public inspection in the office of the Village Clerk.    Copies will also be posted at the Post Office and published in the Oregon Observer.

Linda Kuhlman, Clerk-Treasurer

Posted 4/16/21

Published 4/22/21

117-34 Definitions

117-1010 Accessory_uses_and_structures

117-1051 Loading Requirement

117-1052 Parking Ordinance

117-1053 Driveways Fig 6

117-1057 Lighting

117-1058 Landscaping

117-1059 Preservation of Topography

 

 

VILLAGE OF BROOKLYN ORDINANCE CHAPTER 20

AN ORDINANCE TO AMEND

SECTION 20-12 OF CHAPTER 20 OF THE CODE OF THE VILLAGE OF BROOKLYN

REGARDING WORTHLESS CHECKS

THE BOARD OF TRUSTEES OF THE VILLAGE OF BROOKLYN DO ORDAIN AS FOLLOWS:

Section 20-12:  Chapter 20, Offenses; Section 20-12 Issue of Worthless Checks; of the Code of the Village of Brooklyn Code is hereby amended to read as follows:

Sec. 20-12. - Issue of worthless check.

Whoever issues any single check or other order for the payment of up to $2,500.00 or whoever within a 15-day period issues more than one check or other order amounting in the aggregate to $2,500.00 which, at the time of issuance, the person intends not be paid shall be subject to a forfeiture as defined by village fee and penalties schedule.

(Ord. of 9-8-1997(1), § 23.13)

 

Adopted by the Board of Trustees of the Village of Brooklyn, Wisconsin, this

22nd day of March, 2021.

APPROVED:

 

____/S/___________________________________

Brit Springer, Village President

 

Ayes:__6___                                                    ATTEST:

Nays:__0___

___/S/____________________________________

Linda Kuhlman, Clerk-Treasurer

 

 

VILLAGE OF BROOKLYN ORDINANCE CHAPTER 22
AN ORDINANCE TO AMEND
SECTION 22-101 OF CHAPTER 22 OF THE CODE OF THE VILLAGE OF BROOKLYN
REGARDING SNOWMOBILIES
THE BOARD OF TRUSTEES OF THE VILLAGE OF BROOKLYN DO ORDAIN AS FOLLOWS:
Section 22-101:  Chapter 22, Parks and Other Public Places; Article V, Vehicle Operation; Section 22-101 Snowmobiles; of the Code of the Village of Brooklyn Code is hereby amended to read as follows:
Sec. 22-101. - Snowmobiles.
(a)  General. It shall be unlawful for the operator of any snowmobile to operate or park a snowmobile in or on any village-owned property in the village which has not been designated as a "Snowmobile Operation Area."
(b)  Compliance with state statutes. Whenever an ordinance is adopted designating a street as a snowmobile route or otherwise regulating snowmobiles, the village clerk shall comply with Wis. Stats., Section 350.047.
(c)  Routes designated.
(1)     Definitions: As used in this section the following terms shall have the meaning
indicated:

  1.      Purpose of Residential Access - for the purpose of traveling the shortest distance

that is necessary for a person operating a snowmobile to go between a residence
and the snowmobile route or snowmobile trail that is closest to that residence.
(2)  Except as provided in Sections 350.02 and 350.045 of the Wisconsin Statutes, or for snowmobile events authorized in accordance with Sec. 350.04, Wis. Stats., no person shall operate a snowmobile upon any public right-of-way, in any public park or on another public municipal property in the village, except for the purpose of residential access and upon snowmobile routes and trails designated by the village board.
(3)   See "Snowmobile Route" map, which is available at the village clerk's office or on the village website, for designated snowmobile routes.
(4)   WI Statute 350.10 (1)(k) – No person shall operate a snowmobile in the following manner:  on or across a cemetery, burial ground, school, or church property without the consent of the owner.
(d)  Maximum speed. The maximum speed allowed on snowmobile trails is 15 mph within the village.
(e)  Signs. All snowmobile routes within the village must be marked with signs in accordance with Wis. Stats. § 350.13, the cost of which shall be borne by the local snowmobile club. No person shall fail to obey any route or trail sign, marker or limit erected in accordance with this section.
(f)  Dates of operation. The trails will be open for use during the times the Dane/Green County public trails are open.
(g)  Penalty. Any person violating any of the provisions of this section shall be subject to a forfeiture as defined by village fee and penalties schedule.
(Ord. of 8-12-1996, § 20.03) (Updated 2-8-2021)
Adopted by the Board of Trustees of the Village of Brooklyn, Wisconsin, this
8th day of February, 2021.
APPROVED:
 
_______________________________________
Pat Hawkey, Interim Village President
 
Ayes:___6__                                                    ATTEST:
Nays:__0___
_______________________________________
Linda Kuhlman, Clerk-Treasurer

VILLAGE OF BROOKLYN ORDINANCE CHAPTER 32

AN ORDINANCE TO CREATE

SECTION 32-55 OF CHAPTER 32 OF THE CODE OF THE VILLAGE OF BROOKLYN

REGARDING ALL-TERRAIN VEHICLES

(EFFECTIVE DATE MARCH 1, 2021)

THE BOARD OF TRUSTEES OF THE VILLAGE OF BROOKLYN DO ORDAIN AS FOLLOWS:

Section 32-55:  Chapter 32, Traffic and Vehicles; Article III, Traffic Rules and Vehicle Operation; Section 32-55 All-Terrain Vehicles; of the Code of the Village of Brooklyn Code is hereby created to read as follows:

  • This section establishes All-Terrain Vehicle (ATV) and Utility Terrain Vehicle (UTV) routes pursuant to Wis. Stats. 23.33.  Except as otherwise provided in this section, the provisions of Wis. Stats 23.33, and for which the penalty provision is a forfeiture, and Wis. Stat. Chaps. 340 to 348 with respect to ATVs and UTVs, and Wis. Admin Code Chap. NR 64 are hereby adopted by reference, including future additions and amendments, and made a part of this section.  The definitions as stated in Wis. Stats 23.33, and Wis. Stat. Chaps. 340 to 348 with respect to ATVs and UTVs, and Wis. Admin Code Chap. NR 64 including any future additions and amendments, are adopted and incorporated herein by reference for purposes of this section.  For purposes of this section, ATV/UTV shall mean all-terrain vehicles and utility terrain vehicles.

 

  • The purpose of this section is to establish an ATV/UTV route and to provide safe and enjoyable ATV/UTV recreation consistent with public rights and interests.

 

  • Applicability and enforcement.

 

  1. The provisions of this section shall apply to the areas designated in Subsection (e) of this section.

 

  1. Adoption of this section shall not prohibit any law enforcement officer or DNR warden from proceeding under any other ordinance, regulation, statute, law or order that pertains to the subject matter addressed in this section.

 

  • The following limitations apply to all areas designated in Subsection (e) of this section:

 

  1. No ATV/UTV shall be operated at a speed in excess of that posted limit as indicated by official signs posted on the street.

 

  1. No person shall operate an ATV/UTV upon any sidewalk, pedestrian way or upon the area between the sidewalk and the curbline of any street in the Village, except for the purpose of crossing to obtain immediate access to an authorized area.

 

  1. No person shall leave or allow an ATV/UTV owned or operated by him or her to remain unattended on any public highway or property while the motor is running.

 

  1. The operator of an ATV/UTV shall drive at all times in single file on the extreme right side of the street and shall yield to vulnerable highway users, as defined by Wis. Stats 340.01(74)(p) or its successor statute.

 
 

  • Designation of ATV and UTV Routes.

 

  1. All Village maintained streets within the Village of Brooklyn boundaries are designated as ATV/UTV routes unless posted.
  2. Pursuant to Wis. Stat. Sec. s. 23.33(11)(am)(4), ATVs/UTVs are authorized to operate on the following highways where the speed limits are 35 MPH or less:
  3. STH 92 from Union Road to King Lake Road
  4. STH 104 from Church Street to W. Holt Road

 
Adopted by the Board of Trustees of the Village of Brooklyn, Wisconsin, this 8th Day of March, 2021.
 
APPROVED:
 
                                                                        
Pat Hawkey, Interim Village President
ATTEST:
 
                                                                        
Linda Kuhlman, Clerk-Treasurer
 
Ayes: __6__
Nays: __0__

 

 

VILLAGE OF BROOKLYN ORDINANCE CHAPTER 32

AN ORDINANCE TO REPEAL AND RECREATE

SECTION 32-87 OF CHAPTER 32 OF THE CODE OF THE VILLAGE OF BROOKLYN
REGARDING WINTER PARKING
 
THE BOARD OF TRUSTEES OF THE VILLAGE OF BROOKLYN DO ORDAIN AS FOLLOWS:
Section 32-87:  Chapter 32, Traffic and Vehicles; Article III, Parking, Standing, and Stopping; Section 32-87, Winter Parking; of the Code of the Village of Brooklyn Code is hereby repealed and recreated to read as follows:
Sec. 32-87 Winter parking.
(a) Except as provided in subsections (b) and (c) of this section, when an ice event or snowfall of at least one inch occurs, no on-street parking will be allowed on any street in the village between the hours of 1:00 a.m. and 7:00 a.m. from December 1 through March 31.   If snow removal is necessary between 7:00 a.m. and 1:00 a.m., the police department will require vehicles parked thereon to be moved as needed.

 
(b) When an ice event or snowfall of at least one inch occurs, no on-street parking will be allowed on Hotel Street between Commercial Street (Hwy. 92) and North Rutland Avenue (Hwy. MM) between the hours of 3:00 a.m. and 7:00 a.m. from December 1 through March 31.   If snow removal is necessary from 7:00 a.m. to 3:00 a.m., the police department will require vehicles parked thereon to be moved as needed.
 
(c) Section 32-82 is adopted by reference.
 
(d) Any vehicle parked in violation of subsection (a) or (b) of this section be may be ticketed $30 and/or towed.
 
Adopted by the Board of Trustees of the Village of Brooklyn, Wisconsin, this
11th day of January, 2021.
APPROVED:
                         /s/                                           
Brit Springer, Village President
ATTEST:
                         /s/                                           
Linda Kuhlman, Clerk-Treasurer
 
Ayes: _6__
Nays: _0__
 

EFFECTIVE JANUARY 1, 2021 - New Leash Ordinance

(Parks will be posted as of January 1)

VILLAGE OF BROOKLYN ORDINANCE CHAPTER 6
AN ORDINANCE TO AMEND SECTION 6-9
TO THE CODE OF THE VILLAGE OF BROOKLYN
REGARDING ANIMALS

THE BOARD OF TRUSTEES OF THE VILLAGE OF BROOKLYN DO ORDAIN AS FOLLOWS:
Chapter 6, Animals; Section 6-9 Animals running at large; of the Code of the Village of Brooklyn Code is hereby amended to read as follows, effective January 1, 2021:

Sec. 6-9. - Animals running at large.

(a)  No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the village. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large shall be seized and impounded by an animal control or law enforcement officer.

(b)   A dog or cat shall be considered running at large if it is off the premises of the owner and not under the control by leash of the owner or a member of his immediate family over 12 years of age; or under the control by leash of an employee of the dog's or cat's owner; but a dog or cat within the motor vehicle of its owner or employee of such owner shall be deemed upon the owner's premises.

(c)  Owner's liability for damage caused by dogs; penalties. The provisions of Wis. Stats. § 174.02, relating to the owner's liability for damage caused by dog or cats together with the penalties therein set forth are hereby adopted and incorporated herein.

Adopted by the Board of Trustees of the Village of Brooklyn, Wisconsin, this
12th day of October, 2020.

VILLAGE OF BROOKLYN UPDATED ORDINANCE(S) 

All ordinance that were updated as of 12-31-2020 have been incorporated into our online ordinance.