Tee & Bee, Inc. v. City of West Allis

Tee & Bee, Inc., appeals from a trial court order affirming the West Allis Common Council's denial of an operating license for their adult-oriented business. Tee & Bee argues that the City of West Allis did not "opt out" of § 68.11(2), Stats., and that, consequently, the Common Council's review of its own initial *196determination violated § 68.11(2). We agree and make the following conclusions. First, under § 68.16, Stats., municipalities have "opted out" of Chapter 68, Stats., in whole or in part, only where there is evidence that they elected to do so. Second, the relevant provisions of the…