Fiscal Note
The additional license fees may result in increased General Fund revenues of $3,750 to $6,250 annually, assuming 15 to 25 licenses are issued.
Title
AMENDED SUBSTITUTE - Creating Section 38.06(12) of the Madison General Ordinances to provide a definition for Centers for the Visual and Performing Arts and to establish licensing and operational requirements for such Centers.
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The Common Council of the City of Madison do hereby ordain as follows:
Subsection (12) entitled "Centers For Visual and Performing Arts" of Section 38.06 entitled "General Provisions And Hours" of the Madison General Ordinances is hereby created to read as follows:
"(12) Centers For Visual And Performing Arts.
(a) Findings. The Wisconsin state statutes create the designation "centers for the visual and performing arts" and exempts them from certain restrictions relating to the presence of underage persons on licensed Class B alcohol beverage premises. The statutes do not define "centers for visual and performing arts." The Common Council recognizes the importance of preventing the underage consumption of alcohol by underage persons. The Common Council also recognizes that due to the statutory restrictions regarding underage persons not being allowed on a licensed premise, the City of Madison has few venues available to underage patrons in which they can enjoy live music performances. In the interest of providing safe, supervised opportunities for underage patrons to enjoy live music events, the Common Council finds it necessary to define "centers for the visual and performing arts". The intent is that a "visual and performing arts" designation will be given only after careful consideration, review and deliberation and only upon a licensed establishment meeting all the criteria set forth in the ordinance.
(b) License Required.
1. No premise shall be deemed a Center For Visual and Performing Arts without first obtaining a license as required in this section. Premises designated as Centers For Visual and Performing Arts prior to the effective date of this ordinance shall comply with the terms and conditions of this section within ninety (90) days of the effective date.
2. Exceptions. Performance venues holding theater licenses pursuant to Section 9.04 of the Madison General Ordinances, shall not be required to obtain a center for the visual and performing arts license. The following performance venues shall not be required to obtain a Center for the Visual and Performing Arts license:
a. Overture Center for the Arts
b. The Barrymore Theater.
"Center For Visual and Performing Arts" means a licensed premises that meets all of the following criteria and will be allowed to have patrons eighteen (18) years of age and older on the premises during live entertainment performances only in accordance with provisions of this section:
1. Pays a fee to performers or an agreed-upon designee.
2. Has a legal capacity established by building inspection of no less than one hundred (100) patrons.
3. Provides live entertainment as that term is defined in this subsection.
Patrons eighteen (18) years of age and older may be allowed onto the premises one half hour before the scheduled performance time and must be off the premises within one half hour after the performance ends.
"Live Entertainment" means a performance being heard and/or viewed at the time of performance and in the physical presence of a live audience.
(d) Application.
1. Application for a Center for Visual and Performing Arts license shall be filed with the City Clerk. The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer of a corporation or limited liability corporation, and sworn to by the applicant. The application shall require:
a. The name and permanent address of the applicant.
b. The name and address of the premise for which the license is to be granted, including the aldermanic district in which it is situated.
c. If the applicant is a corporation, the name of the corporation shall be set forth exactly as it is set forth in its articles of incorporation, together with the names and address of each of its officers, directors and designated managers, if any.
d. If the applicant is a partnership, the application shall set forth the name and resident address of each of the partners, including limited partners, and each partner shall verify the application. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate partners.
e. All convictions, including ordinance violations with a brief statement of the nature of the convictions and the jurisdiction in which the conviction occurred.
f. Applicant's date of birth.
g. A completed plan of operation which shall include: planned hours of operation for the premises; legal occupancy limit of the premises; how underage persons will be identified to insure they are not served alcohol beverages at the premise and to insure that alcohol beverages are not consumed by underage persons at the premise; the number of off-street parking spaces available at the premise; whether or not the premises will make use of sound amplification equipment and, if so, what kind; how applicant will provide security for the premises; how applicant will maintain the orderly appearance and operation of the premises with respect to litter and noise; any other licenses held by the applicant or attached to the premises; such other reasonable and pertinent information the ALRC or common council may from time to time require.
2. Applications shall be referred to the ALRC for a public hearing in accordance with Madison General Ordinance Section 38.05(3)(c). The recommendation of the committee shall be based upon information presented at the public hearing and contained in the application and accompanying documents. The ALRC shall also consider the following factors in making its recommendation:
a. Whether the applicant meets the criteria set forth in Subdivision (c);
b. The appropriateness of the location and premises where the Center For Visual and Performing Arts is to be located and whether the location will create undesirable neighborhood problems.
c. Applicants record in operating similarly licensed premises.
d. Whether the applicant has been charged with or convicted of any felony, misdemeanor, municipal offense or other offense, the circumstances of which substantially relate to the licensed activity.
e. Any other factors which reasonably relate to the public health, safety and welfare.
(e) Fee. The annual fee for a Center For Visual and Performing Arts license shall be two hundred fifty dollars ($250.00).
(f) Renewal. Centers For Visual and Performing Arts licenses shall be renewed annually following the same procedure as liquor license renewals in Sec. 38.05(3)(f), M.G.O. Late filing shall result in a fee of fifteen percent (15%) of the license fee. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to obtain the license.
(g) Patron Regulations. Any establishment with a Visual and Performing Arts license which admits patrons under the age of twenty-one (21) years of age on the premises of the establishment when alcoholic beverages are being sold, served or permitted on the premises shall, during the time the patrons are permitted on the premises:
1. Require one form of identification. The identification shall contain the bearer's photograph and must be one of the following: state driver's license, US military identification, state issued identification card, or passport, from every person claiming to be twenty-one (21) years of age or older;
2. Identify patrons over twenty-one (21) years of age with both an identifiable hand stamp and a bracelet and shall require every patron to show both hand stamp and bracelet before purchasing an alcoholic beverage;
3. Sell not more than one alcoholic beverage to an eligible patron in a single transaction, and shall prohibit a patron from carrying more than one alcoholic beverage from a bar or drink dispensing location;
4. Not permit any patron who leaves the premises to be readmitted prior to closing without payment of the same admission or cover charge required of patrons entering the premises initially.
(h) Revocation/Suspension or Non-renewal. A Complaint for revocation, suspension or non-renewal of a Center For Visual and Performing Arts license may be made by; An Alderperson; The Police Chief; The City Attorney; and/or any resident of the City of Madison. Complaints shall be made in writing and filed with the City Clerk who shall then refer the Complaint to the ALRC for a hearing. The ALRC may recommend to the Common Council that a Center For Visual and Performing Arts license be suspended for cause after notice to the licensee and a hearing. If a Center For Visual and Performing Arts license is revoked, no other Center For Visual and Performing Arts license shall be issued to the same person for the same premises for at least twelve (12) months. Center For Visual and Performing Arts licenses may be suspended or revoked for any of the following causes:
1. Violation of any conditions or restrictions placed on the license by the Common Council;
2. Repeated violations of any provisions of Chapter 38 of the Madison General Ordinances;
3. The licensed premises is operated in such a manner that it has a substantial adverse effect upon the health, safety and welfare of the immediate neighborhood;
4. Any other reasonable cause which shall be in the best interests and good order of the City.
The licensee shall be notified in writing of the charges against her or him at least ten (10) days prior to the hearing. At the hearing, the complainant and the licensee will have an opportunity to produce witnesses, cross-examine witnesses and be represented by counsel. The proceedings shall be tape-recorded. Within ten (10) days of the hearing, the ALRC shall issue a written decision and recommendation stating the reasons therefor and forward such decision to the Common Council. If the Common Council rejects the recommendation of the ALRC, the matter shall be dismissed without costs to either party. If ordered, suspension shall be for a period not to exceed six (6) months; revocation shall be for a period of one (1) year.
(i) Judicial Review. The decision of the Common Council shall be a final determination and shall be subject to review in court as may be provided by law. Any person aggrieved by the decision may seek review thereof within thirty (30) days after the date of the final determination.
(j) Penalty. In addition to suspension, revocation or non-renewal of the Center For Visual and Performing Arts license, licensee may be subject to a forfeiture of not less than $500 nor more than $1,000 plus costs for violation of any provision of this section."