City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Ch. 12 of the Municipal Code. Amendments noted where applicable.]

§ 152-1 Issuance and revocation of licenses.

A. 
License required. No person shall engage in any business or activity for which a fee is charged pursuant to § 152-2 without a license or permit therefor as provided by this section. The words "license" and "permit" as used throughout this chapter shall be considered interchangeable.
[Amended 6-19-2001 by Ord. No. 2142]
B. 
Application. Application for a license under this chapter shall be made to the City Clerk on a form furnished by the City. Such application shall contain such information as may be required by the provisions of this chapter or as may be otherwise required by the Council. At the time such application is made to the City Clerk, it shall be accompanied by a fee as set by the Council to defray the administrative costs for processing such application for a license. Applications of drive-in theaters shall be submitted on or before May 1 of each year.
C. 
Payment of license fee. License fees imposed under § 152-2 shall be paid by the applicant for such license on or before June 30, if such license is an annual renewal, or within 10 days after being granted during the license year. The fee paid by the applicant as provided in Subsection B shall be applied to the license fee if the total fee is paid as herein provided.
[Amended 6-11-2002 by Ord. No. 2176]
D. 
Proration or refund of license fee. The fee for a license for less than 12 months shall be prorated pursuant to Wis. Stats. 125.25(4), 125.26(4), 125.51(9)(a). In the event any license is denied, the applicant shall receive a refund of the fee less $55 for the City's investigation and processing of the application.
[Amended 6-11-2002 by Ord. No. 2176; 7-25-2006 by Ord. No. 2314]
E. 
Granting of licenses and provisional licenses.
[Amended 10-23-2001 by Ord. No. 2149]
(1) 
The City Clerk may issue cigarette, soda water, and provisional operator (bartender) licenses. All other license applications shall be referred to the Council, together with all reports required of City officers, for approval or disapproval at its next regular meeting after filing. The Council shall grant or deny the application upon the information presented to it.
(2) 
Provisional operator's licenses. The City Clerk is authorized to issue provisional operator's (bartenders) licenses, pursuant to § 125.17(5), Wis. Stats., to individuals who have met the following criteria:
(a) 
An application for an operator's license must be on file with the City of New Berlin, including either a completion certificate or proof of enrollment in a responsible beverage server class.
(b) 
Payment of a fee of $15. No refunds of the provisional application fee will be issued if the provisional license is denied because of discrepancies between the application and police records.
(c) 
Background check from the Police Department indicates no alcohol or drug-related convictions in the last five years. This includes DUI, open intoxicants, possession of paraphernalia, underage drinking, serving minors.
(3) 
The City may refuse to issue any license or permit to an applicant who has not paid an overdue forfeiture resulting from a violation of a City ordinance and/or any unpaid municipal taxes, assessments or other fees. This section shall apply to all licenses and permits issued by the City except as specifically limited by applicable Wisconsin Statutes.
[Added 4-27-2004 by Ord. No. 2229]
F. 
Terms of licenses. All licenses issued hereunder shall expire on June 30 in the year of issuance unless issued for a shorter term, when they shall expire on 12:00 midnight of the last effective day of the license, or unless otherwise provided by these ordinances or state laws.
G. 
Form of license. All licenses issued hereunder shall show the date of issue, the activity licensed and the term of license and shall be signed by the City Clerk and impressed with the City Seal.
[Amended 8-28-2007 by Ord. No. 2355]
H. 
Record of licenses. The City Clerk shall keep a record of all licenses issued.
I. 
Display of licenses. All licenses issued hereunder shall be displayed upon the premises or vehicle for which issued or, if carried on the person, shall be displayed to any officer of the City upon request.
J. 
Compliance with ordinances required. It shall be a condition of holding a license under this chapter that the licensee comply with all ordinances of the City. Failure to do so shall be cause for revocation of the license.
K. 
Transfer of licenses. All licenses issued hereunder shall be personal to whom issued and shall not be transferred, except with the consent of the City Council.
L. 
Exemptions. No license other than a liquor or beer license shall be required under this section for any nonprofit educational, charitable, civic, military or religious organization where the activity which would otherwise be licensed is conducted for the benefit of the members or for the benefit of the public generally.
M. 
Renewal of licenses. All applications for renewal of licenses hereunder shall be made to the City Clerk by April 15. Renewal of licenses shall be charged the same fee as the original charge for issuance.
[Amended 8-28-2007 by Ord. No. 2355]
N. 
Consent and compliance.
(1) 
Consent to inspection. An applicant for a license under this chapter thereby consents to the entry of police or authorized representatives of the City upon licensed premises at all reasonable hours for the purposes of inspection and search and consents to removal from the premises and introduction into evidence in prosecutions for violations of this chapter all things found therein in violation of this chapter or state law.
(2) 
Compliance with building, plumbing and electrical codes. All new applications for Retail Class A and B fermented malt beverage and intoxicating liquor licenses shall be accompanied by a statement from the Chief Building Inspector that no violation of Chapter 80, Building Construction, Chapter 106, Electrical Standards, Chapter 110, Erosion Control, Chapter 124, Fire Prevention, Chapter 141, Historic Preservation, Chapter 193, Plumbing Standards, and Chapter 201, Property Maintenance, of this Code exists on the premises for which the license is required. If any such violation exists, it shall be cause for withholding the license until the necessary corrections have been made and certified to by the Chief Building Inspector. Upon application for the renewal of existing Class B licenses, inspections shall occur as follows: 1/3 of the renewal applications shall be inspected annually for compliance with Chapter 80, Building Construction, Chapter 110, Erosion Control, Chapter 124, Fire Prevention, Chapter 141, Historic Preservation, and Chapter 201, Property Maintenance; 1/3 for compliance with Chapter 193, Plumbing Standards; and 1/3 for compliance with Chapter 106, Electrical Standards. If any violation exists, it shall be cause for withholding the license or renewal thereof until the necessary corrections have been made and certified by the Chief Building Inspector.
O. 
Revocation of licenses. Except as provided in § 152-4H, any license issued under this chapter may be revoked for cause by the Mayor or Common Council. Any licensee whose license is so revoked may apply within 10 days of the revocation for a public hearing before the Common Council. The City Clerk may suspend any direct seller or religious and charitable solicitor permits for cause until the Common Council can meet and formally review the permit. At such hearing the licensee shall be entitled to be represented by counsel. After the evidence, the Council may confirm or reverse the revocation or modify the revocation by imposing a limited period of suspension. The determination of the Council shall be final. The Police Department shall repossess any license revoked hereunder.

§ 152-2 License fees.

Fees for licenses under this chapter shall be on file in the office of the City Clerk and may be adjusted by the Common Council over time to reflect the actual costs of administering the licenses.

§ 152-3 Cigarette and soda water licenses.

A. 
License. The statutory provisions of § 134.65, with § 66.0433, Wis Stats., describing and defining licensure with respect to cigarettes and soda water, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a term of imprisonment, are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this section in order to secure uniform statewide regulation of the licensure of cigarettes and soda water.
B. 
Penalties. The penalty for violation of any provision of Subsection A shall be in conformance with the forfeiture permitted to be imposed by the statute adopted, but said fine shall not exceed the maximum fine permitted under such statute. If the statute adopted does not set forth a forfeiture, then the penalty provisions of Chapter 1, General Provisions, § 1-18 of the Code of the City of New Berlin shall apply.

§ 152-4 Intoxicating liquor and fermented malt beverages.

A. 
State statutes adopted.
(1) 
The provisions of Ch. 125, Wis. Stats., describing and defining regulations with respect to alcohol beverages, exclusive of any provisions thereof relating to the penalty to be imposed, are hereby adopted and made a part of this section by reference. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this section to secure uniform statewide regulation of alcoholic beverages.
[Amended 8-22-2006 by Ord. No. 2328]
(2) 
The City Clerk is authorized to issue temporary Class "B" licenses, pursuant to § 125.26(6), Wis. Stats., to the Chamber of Commerce as defined under § 125.02(3u), Wis. Stats.; bona fide clubs; county or local fair associations or agricultural societies, churches, lodges or societies that have been in existence for at least six months before the date of application; and posts of veteran's organizations. The fee for such license shall be set by the Common Council. Application for temporary Class "B" shall be filed at least three days prior to issuance of the license.
[Amended 11-10-2015 by Ord. No. 2556]
B. 
License fees.
[Amended 8-27-2013 by Ord. No. 2508; 11-10-2015 by Ord. No. 2556]
(1) 
Fermented malt beverages: see § 152-2.
(2) 
Fermented fruit beverages: see § 152-2.
(3) 
Intoxicating liquor: see § 152-2.
(4) 
Late filing fee. Any renewal liquor license application which is submitted after April 30 of the licensing year shall be assessed, in addition to any other fee provided for under this section, a late fee of $100.
C. 
Election to permit volume liquor sales. The City elects to come under the provision of § 125.51(3)(b), Wis. Stats.
D. 
Premises must be business property. No license shall be issued hereunder for any premises which is not improved as business property, having a store or business front.
E. 
Disclosure of offenses required. Every applicant for a retail Class "B" license and for an operator's license shall make full disclosure to the Council of any prior conviction of any violation of any state or federal law or any municipal ordinance, and applicants may be required to submit to fingerprinting at the option of the Police Department after that Department has conducted a background check.
F. 
Closing hours.
(1) 
Sections 125-32(3) and 125.68(4), Wis. Stats., shall apply except that no premises for which a retail Class A intoxicating liquor license has been issued shall be permitted to remain open for the sale of intoxicating liquor between 9:00 p.m. and 8:00 a.m. The owner of the premises shall implement electronic cash register restrictions to preclude the sale of Class A intoxicating liquor during these hours and also shall establish procedures to require the verification of the age eligibility of each purchaser.
[Amended 4-12-2011 by Ord. No. 2450]
(2) 
Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, and bowling alleys and golf courses, may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold or consumed during prohibited hours as specified in Subsection F(1).
(3) 
Except as provided in Subsection F(2) above, no person other than employees of the licensee or persons performing business or repair services for the licensee shall remain on the licensed premises during any of the time during which the premises are required to be closed as provided in Subsection F(1). No open containers containing alcoholic beverages shall be permitted on the licensed premises during those hours the premises are required to be closed.
G. 
Regulation of underage persons.
(1) 
Definition. An underage person is a person who has not attained the legal drinking age.
[Amended 6-19-2001 by Ord. No. 2142]
(2) 
Sale of liquor or beer to underage persons prohibited. No person shall sell or give any fermented malt beverage or intoxicating liquor to any underage person unless accompanied by an adult parent, guardian or spouse of legal drinking age.
(3) 
Purchase or possession of beer or liquor by underage persons prohibited. No underage person shall purchase or receive, or have in his possession, any fermented malt beverage or intoxicating liquor unless accompanied by an adult parent, guardian or spouse of legal drinking age.
H. 
Prohibited practices and places of sale.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection H(1), regarding flashing lighting, was repealed 8-27-2013 by Ord. No. 2508.
(2) 
No retail Class A license for the sale of intoxicating liquor beverages shall be used for any premises upon which fuel for motor vehicles is sold and directly dispensed into such motor vehicle. The retail Class A license for the sale of fermented malt beverages and intoxicating liquor may be issued for such a premises, provided the license holder submits a plan of operation at the time of the initial application or renewal thereof with a diagram or photograph of the proposed display area for fermented malt beverages and intoxicating liquor on premises upon which fuel for motor vehicles is sold. Such plan of operation shall be reviewed by the Committee of the Whole, which shall approve or disapprove of the same without referral to the Common Council. In addition to the other grounds for revocation set forth in this chapter, the failure to obtain approval of the plan of operation required hereunder shall be grounds for license revocation. It shall further be grounds for revocation if the holder of the liquor license fails to implement electronic cash register restrictions to preclude the sale of intoxicating liquor beverages after 9:00 p.m. and before 8:00 a.m.
[Amended 1-23-2007 by Ord. No. 2337; 4-12-2011 by Ord. No. 2450]
(3) 
No Class "B" license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class "B" license or permit is issued is connected to premises where other business is conducted by a secondary doorway which serves as a safety exit and is not the primary entrance to the Class "B" premises. No other business may be conducted on premises operating under a Class "B" license or permit. These restrictions do not apply to any of the following:
(a) 
A hotel.
(b) 
A restaurant, whether or not it is a part of or located in any mercantile establishment.
(c) 
A combination grocery store and tavern.
(d) 
A combination sporting goods store and tavern in Towns, villages and fourth class cities.
(e) 
A combination novelty store and tavern.
(f) 
A bowling alley or recreation premises.
(g) 
A club, society or lodge that has been in existence for six months or more prior to the date of filing application for the Class "B" license or permit.
(h) 
A movie theater.
[Added 11-10-2015 by Ord. No. 2556]
(i) 
A painting studio.
[Added 11-10-2015 by Ord. No. 2556]
(j) 
Premises for which a temporary Class "B" license is issued under § 125.26(6), Wis. Stats.; if the license is one of multiple licenses issued by the municipality to the same licensee for the same date and times, the license is the sponsor of an event held at multiple locations within the municipality on this date and at these times, and an admission fee is charged for participation in the event and no additional fee is charged for service of alcohol at the event.
[Added 11-10-2015 by Ord. No. 2556]
(4) 
Restriction on sales in residential property. No license shall be issued to any person or entity for the purpose of possessing, selling or offering for sale any intoxicating liquor or fermented malt beverage in any dwelling, house, flat or residential apartment.
[Added 8-27-2013 by Ord. No. 2508]
(5) 
Abandonment of license. Any licensee granted or issued a license to sell alcohol beverages who abandons such business shall forfeit any right or preference the licensee may have to the holding or renewal of such license. Abandonment shall be sufficient grounds for revocation or nonrenewal of any alcohol beverage license. In this section, "abandon" and "abandonment" shall mean a continuing refusal or failure of the licensee to use the license for the purpose or purposes for which the license was granted by the City Council for a period of one year. The Common Council may, for good cause shown, extend the period of permitted nonuse.
[Added 8-27-2013 by Ord. No. 2508]
(6) 
Code compliance. No Class B license may be issued unless the premises in which the sale shall occur comply with and conform to all ordinances and health, sanitation and building regulations of the City, as well as the State of Wisconsin.
[Added 8-27-2013 by Ord. No. 2508]
I. 
Partnership and corporate licensees. Each application for a retail liquor license or a renewal thereof shall include, if a partnership, the names of all partners whether general or limited. Corporate applications shall include the exact name of the corporation, its principal place of business, its registered address, its registered agent, the names of its officers and all members of its board of directors. Each such partner, officer and director shall comply with the disclosure provisions of Subsection E of this section.
J. 
Compliance. Prior to acting upon any application or renewal of an intoxicating liquor or fermented malt beverage license, the applicant shall have fully paid all personal property taxes and the premises to be licensed shall fully conform to all applicable codes, ordinances, rules and regulations governing buildings and electrical and plumbing components thereof. All applicants for renewal under this section shall on or before April 30 of each year demonstrate to the City's Committee of the Whole that such premises are fully in compliance with all applicable electrical, plumbing and building codes. Should the applicant fail to bring the building into compliance or fail to schedule a code inspection on or before April 30 of each year, in addition to nonrenewal of such license, the applicant shall pay an additional applicant fee as set by the Common Council prior to applicant for renewal will be considered by the Committee of the Whole.
[Amended 8-27-2013 by Ord. No. 2508]
K. 
Certification.
[Amended 8-28-2007 by Ord. No. 2355]
(1) 
Definition. For the purpose of this section, "premises" shall mean that portion of a building with an entrance and an exit to a public walkway or parking area for all or a portion of which a "Class A" intoxicating liquor license has been granted.
(2) 
Required. All holders of “Class A” liquor licenses shall be required, upon initial application and thereafter upon application for renewal, to certify to the City Clerk that percentage of the licensee’s retail sales for the license holder which involves sales other than intoxicating liquors and fermented malt beverages.
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection K(3), which required separate display areas, was repealed 4-12-2011 by Ord. No. 2450.
(4) 
Partition and plan of operation.
(a) 
Partition. A license holder subject to the requirements of this section shall implement a crowd-control or other suitable barrier to preclude access to the merchandise area for the sale of intoxicating liquor and/or fermented malt beverage between the hours of 9:00 p.m. and 8:00 a.m. The license holder shall further be required to implement electronic cash register restrictions to preclude the sale of intoxicating liquor products during these hours, as well as procedures to require the verification of the age eligibility of the purchaser.
[Amended 4-12-2011 by Ord. No. 2450]
(b) 
Plan of operation.
[1] 
All intoxicating liquor license holders shall submit a plan of operation at the time of initial application or renewal thereof, with a diagram or photograph of the proposed display area for intoxicating liquor. Such plan of operation shall be reviewed by the Committee of the Whole, which shall approve or disapprove the same, without reference to the City Council.
[2] 
In addition to other grounds for revocation as set forth in this chapter, failure to obtain approval of the plan of operation required hereunder shall be grounds for license revocation.
L. 
Chief of Police to conduct investigation of applicants. Upon receipt of each application, the Clerk will refer it immediately to the Chief of Police, who will make and complete an investigation of the statements in such application and an investigation of each applicant within reasonable dispatch after the application has been filed with the Chief of Police. The Chief of Police shall endorse his findings upon the application and deliver the application to the City Clerk.
M. 
Temporary extension of licensed premises for special event.
[Added 5-28-2013 by Ord. No. 2502]
(1) 
The granting of a temporary extension of licensed premises for special events shall authorize the licensee to sell or serve intoxicating liquors or fermented malt beverages as permitted by the specific license held during the period of time and in the area described in the application for such temporary extension as expressly approved by the Common Council. Such authority is contingent upon and subject to the licensee obtaining any and all other special privileges and permits required for the conduct of the special event for which the temporary extension of the licensed premises is sought.
(2) 
Any person holding a valid Class "B" fermented malt beverage license, Class B tavern license or "Class C" wine license may apply for the temporary extension of such licensed premises for a special event. The area which the licensee wishes to include in a temporary extension of licensed premises must be owned by or under the control of the licensee. The signature of both the licensee and the owner of the property must both appear on the application. If the applicant seeks a temporary extension of the licensed premises such that the extended licensed premises would extend into or encroach upon any public property or public right-of-way, the applicants shall also be required to obtain the applicable special privilege for use of said public property or right-of-way for the document authorized in the temporary extension of the licensed premises to be issued by the City Clerk. The applicant shall also be required to comply with all other applicable statutes and ordinances.
(a) 
Applicant’s responsibility. Application for the temporary extension of licensed premises for special events shall be made by an individual, or an authorized agent, in the case of a corporation, partnership or limited liability company, who shall be personally responsible for compliance with all of the terms and provisions of this section.
(b) 
Application. The application for the temporary extension of licensed premises shall be filed not less than 15 days prior to the date upon which the applicant wishes the matter to be considered by the Common Council, which date shall be not less than two weeks prior to the proposed special event. Applications shall be made on forms provided by the City Clerk and must be signed and sworn to by the applicant, if an individual, one partner of a partnership or by a duly authorized agent, officer or member of a corporation or limited liability company. The application shall include the following:
[1] 
The name, business address and telephone number of the applicant.
[2] 
The address of the existing licensed premises.
[3] 
The type of license currently held.
[4] 
Specific description of the site for which the temporary extension is sought, including the dimensions of the area.
[5] 
The location of exits.
[6] 
The manner in which the licensed premises area will be restricted and screened from underage persons.
[7] 
The name of the particular event or function for which the temporary extension of the licensed premises is sought.
[8] 
The date and period of time for which the particular event or function will be operated.
[9] 
Such other reasonable and pertinent information as the Common Council may require.
(c) 
The completed application should be submitted to the Common Council, which shall consider the matter. As part of the consideration process, the Common Council will consider:
[1] 
The appropriateness of the location site for which the permit is sought; and whether the event for which the permit is sought will create undesirable neighborhood problems.
[2] 
The hours during which the event will be operated at the site and the likely effect of the event on the surrounding area.
[3] 
Whether previous permits granted to the same applicant or to other applicants for the same site have resulted in neighborhood problems, including, but not limited to, complaints of loud music, noise, litter, disorderly conduct, loitering, public urination or drunkenness, excessive refuse, parking in unpermitted locations, or such other factors as may reasonably relate to the public health, safety and welfare of the community.
(d) 
If the Common Council approves the application for the temporary extension of licensed premises, the City Clerk shall issue a permit to the applicant confirming that fact and specifying the date, period of time and specific location for which the temporary extension shall be in effect. The document may also contain any restrictions or conditions which the Council may place on such approval. The City Clerk shall not issue the permit if the applicant has not obtained all of the required permits for the premises or final inspection of the premises has not yet occurred.
(e) 
The licensee granted a temporary extension of licensed premises for special events may not sell any alcohol or non-alcohol beverages for consumption in bottles and glass containers at the location of the extension of licensed premises. Beverages may only be sold in single-service cups or cans for on-premises consumption in the location of the temporary extension of the licensed premises.
[Amended 4-12-2016 by Ord. No. 2563]
(f) 
The permit for the temporary extension of licensed premises may only be issued during the time that the applicant holds a valid liquor license otherwise from the City of New Berlin.
(g) 
Each application for extension of licensed premises will be viewed upon its own merit, and the granting of the existing alcohol beverage license or previous temporary extension to the licensed premises will not guarantee the issuance of a new temporary extension of licensed premises.
(h) 
The applicant shall obtain liability insurance coverage for the event and such coverage shall provide for the City of New Berlin to be named as an additional insured, which coverage shall be evidenced by a policy endorsement. Said endorsement shall be filed with the Municipal Clerk and shall evidence the liability insurance limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
(i) 
In such instances where the event is recurring and there has been a previous approved extension of premises permit issued, the applicant may simply provide an application noting the fact that this is a recurring, previously approved event, and giving the basic information about the event, the date, location and specifics, together with a certificate of liability insurance.
(j) 
Failure to comply with the terms of the extension of premises permit may result in revocation of the license by the Common Council and prosecution of any ordinance violations and a denial of all future applications for extension of premises. Such circumstances will be considered at the time of renewal of the existing underlying alcohol beverage permit.
(k) 
Any request for reconsideration of the denial of the extension of premises permit must be submitted to the City Clerk and be made within five days of the date of denial.
N. 
Catering services. Those alcohol beverage licensees who operate what are commonly known as catering services shall comply with the following:
[Added 8-27-2013 by Ord. No. 2508]
(1) 
The licensee shall deliver alcohol beverages to an event only when the licensee supplies full food catering service for all guests or participants in the event.
(2) 
No licensee shall deliver alcohol beverages for an event that is held upon the premises of another alcohol beverage licensee.
(3) 
No licensee shall sell, deal or traffic any alcohol beverages except face-to-face with the purchaser on the licensed premises of the licensee. This provision shall not prevent nor prohibit the licensee from delivering goods to the buyer as an accommodation.
(4) 
The licensee may supply personnel to dispense alcohol beverages at the catered event.
(5) 
No person shall engage in the individual sale of alcohol beverages to be consumed by the glass at a catered event (cash bar) when the alcohol beverages have been supplied by a retail licensee.
(6) 
The event where catering occurs shall not occur over a period exceeding three days.
(7) 
The distribution of alcohol beverages at the catered event is subject to all the provisions of this section.
O. 
Reserve licenses.
[Added 8-27-2013 by Ord. No. 2508]
(1) 
Applicants for Class B reserve liquor licenses may also apply for a grant from the City to cover part of the cost of licensure. The amount of grant money any one applicant may receive, if any, is in the discretion of the Common Council, but in no event shall exceed $9,500. Grants shall be considered a community development grant to promote businesses within the City of New Berlin that apply for and receive Class B reserve liquor licenses.
(2) 
Applicants for Class B reserve liquor licenses seeking said grant must submit a completed application to the City Clerk's Office. Said application must be signed and notarized and the application fee must be included. Notarized signatures are required of an individual applicant, a partner, a partnership or an agent or owner if it is a corporation or LLC. The applicant shall be required to explain how the grant will be used to benefit the economic climate of the City of New Berlin and to be eligible for a grant, an applicant must meet all standard requirements for liquor license approvals including obtaining an occupancy permit from the Department of Community Development.
(3) 
Payment of reserve license fees. If an applicant applies for less than a full license year or terminates their license before the end of a license year, the reserve license fee and any portions thereof will not be refunded nor will they be prorated.
P. 
Provisional retailer licenses.
[Added 1-13-2015 by Ord. No. 2535]
(1) 
The City Clerk may issue, upon application, a provisional retailer license to a person who has applied for a retailer license for the sale of fermented malt beverages, intoxicating liquor or wine, Class A, Class B or Class C. Such provisional license shall only authorize those activities that the type of retailer license applied for authorizes and shall be subject to the applicant meeting all licensing requirements set forth in this chapter and Wis. Stats. § 125.185, as amended. A provisional license shall expire 60 days after its issuance or when the alcohol beverage retailer establishment license is issued to the holder, whichever is sooner. Such provisional license may not be renewed and may be revoked by the City Clerk if the Clerk determines that a false statement was made on the application. The issuance of a provisional Class B license is subject to the availability of the license based upon the quota limitations of Wis. Stats. § 125.51.

§ 152-5 Direct sellers.

A. 
License required. No direct seller, or an employee of a direct seller, shall engage in direct sales within the City without being licensed for that purpose as provided herein.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CLERK
The City Clerk.
DIRECT SELLER
A person who sells goods or takes sales orders for the later delivery of goods at any location other than the permanent business place or residence of such person, partnership, association or corporation, and failure to obtain approval of the plan of operation required hereunder shall be grounds for license revocation.
[Amended 6-19-2001 by Ord. No. 2142]
GOODS
Personal property of any kind and provided incidental to services offered or sold.
PERMANENT MERCHANT
A direct seller who, for at least one year prior to the consideration of the application of this section to such merchant, has continuously operated an established place of business in this City or has continuously resided in this City and now does business from his residence.
C. 
Exemptions. The following shall be exempt from all provisions of this section:
(1) 
Any person delivering newspapers or selling newspaper subscriptions, fuel, dairy products or bakery goods to regular customers on established routes.
(2) 
Any person selling goods at wholesale to dealers in such goods.
(3) 
Any person selling agricultural products which such person has grown.
(4) 
Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within this county and who delivers such goods in his or her regular course of business.
(5) 
Any person who has an established place of business in the City where the goods being sold are offered for sale on a regular basis and in which the buyer has initiated contact with, and specifically requested a home visit by, such person.
(6) 
Any person who has had or represents a company which has had a prior business transaction, such as a prior sale or credit arrangements, with the prospective customer.
(7) 
Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law.
(8) 
Any person who claims to be a permanent merchant but against whom complaint has been made to the Clerk that such person is a transient merchant, provided that there is submitted to the Clerk proof that such person has leased for at least one year, or purchased, the premises from which he/she is conducting business or proof that such person has conducted such business in this City for at least one year prior to the date complaint was made.
(9) 
Any ex-soldier of the United States and any other disabled person who meets the requirements of § 440.51, Wis. Stats.
(10) 
Any person selling Christmas trees.
(11) 
Boy Scouts or Girl Scouts soliciting money or donations of money.
(12) 
Any students, up to and through the 12th grade of primary or secondary school, who reside in Milwaukee and Waukesha Counties, in connection with authorized school programs and activities.
(13) 
Any charitable organization, society, association or corporation which is recognized as a tax-exempt charitable organization by federal and state authorities. Such charitable organizations, societies, associations or corporations shall be regulated as provided in § 152-6 of this chapter.
[Amended 1-23-2007 by Ord. No. 2335]
D. 
Registration for license.
(1) 
Application. Applicants for a license shall complete and return to the Clerk a registration form furnished by the Clerk which shall require the following information:
(a) 
Name, including middle initial, permanent address and telephone number and, if any, temporary address and telephone number.
(b) 
Age, date of birth, height, weight and color of hair and eyes.
(c) 
Name, address and telephone number of the person, firm, association or corporation that the direct seller represents or is employed by or whose merchandise is being sold.
(d) 
Temporary address and telephone number from which business will be conducted, if any.
(e) 
Nature of business to be conducted and a brief description of the goods and any services offered.
(f) 
Proposed method of delivery of goods, if applicable.
(g) 
Make, model and license number of any vehicle to be used by the applicant in the conduct of his/her business.
(h) 
Last cities, villages and/or Towns, not to exceed three, where the applicant conducted similar business.
(i) 
Place where the applicant can be contacted for at least seven days after leaving this City.
(j) 
Statement as to whether the applicant has been convicted of any crime or ordinance violation related to the applicant's transient merchant business, or any crime or ordinance violation pertinent to the safety of citizens, including, or of a similar nature to, fraud, burglary, robbery, assault or sexual assault, within the last five years, and a detailed explanation of the nature of the offense and place of conviction.
(2) 
Required documents. Applicants shall present the following to the Clerk for examination:
(a) 
A driver's license, the number of which shall be recorded by the Clerk, or some other proof of identity as may be reasonably required.
(b) 
A state certificate of examination and approval from the Sealer of Weights and Measures where the applicant's business requires use of weighing and measuring devices approved by state authorities.
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(2)(c), pertaining to a state health officer's certificate, was repealed 8-28-2007 by Ord. No. 2355.
(d) 
The applicant shall be given a copy of this section and shall sign a receipt therefor.
(3) 
Fee. At the time the registration is returned, a fee to cover the cost of processing the registration, as well as the required annual license fee, shall be paid to the Clerk. Such fees are stated in § 152-2 of this chapter.
(4) 
Liability. The applicant shall sign a statement appointing the Clerk his/her agent to accept service of process in any civil action brought against the applicant arising out of any sale or service performed by the applicant in connection with the direct sales activities in the event the applicant cannot, after reasonable effort, be served personally.
E. 
Investigation.
(1) 
Chief of Police to conduct. Upon receipt of each application, the Clerk will refer it immediately to the Chief of Police, who will make and complete an investigation of the statements in such application within one week after the application has been filed with the Chief of Police. The Chief of Police shall endorse his findings upon the application and deliver the application to the City Clerk, who shall issue or deny the license in accordance with such findings. When the license is issued, the applicant shall pay an annual license fee as set by the Common Council, and the license shall be valid for one year from the date of issue.
(2) 
Denial of license. The Clerk shall refuse to issue a license to the applicant if it is determined, pursuant to the investigation above, that:
(a) 
The application contains any material omission or materially inaccurate statement.
(b) 
Complaints of a material nature have been received against the applicant by authorities in the last cities, villages and Towns, not exceeding three, in which the applicant conducted similar business.
(c) 
The applicant was convicted of a crime, statutory or ordinance violation within the last five years, the nature of which is directly related to the applicant's fitness to engage in direct selling or is a violation pertinent to the safety of citizens, including, or of a similar nature to, fraud, burglary, robbery, theft, assault and sexual assault.
(d) 
The applicant failed to comply with any applicable provision of Subsection D(2) above.
F. 
Appeals. Any person denied a license may appeal the denial to the City Council.
G. 
Regulation of direct sellers.
(1) 
Prohibited practices.
(a) 
A direct seller shall be prohibited from calling at any dwelling or other place between 8:00 p.m. and 9:00 a.m., except by appointment.
[Amended 8-12-2008 by Ord. No. 2384]
(b) 
A direct seller shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, the purpose of his/her visit, his/her identity or the identity of the organization he/she represents.
(c) 
No direct seller shall impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.
(d) 
No direct seller shall make any loud noises or use any sound-amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one-hundred-foot radius of the source.
(e) 
No direct seller shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business.
(f) 
No permit holder under this section shall call at any dwelling or in any way solicit at a dwelling where a sign has been posted indicating that solicitation is generally not permitted or is restricted to particular hours. Such sign shall be placed either below the house street number or attached to or suspended from the mail box.
(2) 
Disclosure requirements.
(a) 
After the initial greeting and before any other statement is made to a prospective customer, a direct seller shall expressly disclose his/her name, the name of the company or organization he/she is affiliated with, if any, and the identity of goods or services he/she offers to sell.
(b) 
If any sale of goods is made by a direct seller, or any sales order for the later delivery of goods is taken by the seller, the buyer shall have the right to cancel the transaction if it involves the extension of credit or is a cash transaction of more than $25; in accordance with the procedure as set forth in § 423.203, Wis. Stats., the seller shall give the buyer two copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of § 423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.
(c) 
If the direct seller takes a sales order for the later delivery of goods, he/she shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement; the amount paid in advance, whether full, partial or no advance payment is made; the name, address and telephone number of the seller; the delivery or performance date; and whether a guaranty or warranty is provided and, if so, the terms thereof.
(d) 
Any person licensed under this section shall carry his license with him while engaged in licensed activities and shall display such license to any police officer or citizen upon request.
H. 
Records. The Chief of Police shall report to the Clerk all convictions for violation of provisions of this section and the Clerk shall note any such violation on the record of the registrant convicted.
I. 
Revocation of license.
(1) 
Registration may be revoked by the City Council, after notice and hearing, if the registrant made any material omission or materially inaccurate statement in the application for registration; made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in direct sales; violated any provisions of this section; or was convicted of any crime or ordinance or statutory violation which is directly related to the registrant's fitness to engage in direct selling or is a violation pertinent to the safety of citizens, including, or of a similar nature to, fraud, burglary, robbery, theft, assault and sexual assault.
(2) 
Written notice of the hearing shall be served personally on the registrant at least 72 hours prior to the time set for the hearing; such notice shall contain the time and place of hearing and a statement of the acts upon which the hearing will be based.
J. 
Minor employment laws adopted. Except as otherwise specifically provided in this chapter, the statutory provisions in §§ 103.21, 103.23 and 103.25, Wis. Stats., describing and defining regulations with respect to the employment of minors are hereby adopted and by reference made a part of this chapter as if fully set forth herein.
K. 
Use and occupancy. If a direct seller shall occupy or use vacant land or a building, use and occupancy permits shall be obtained pursuant to the provisions of Chapter 275, Zoning, of this Code.
L. 
Term. The term of the direct seller license shall be one year from the date of its issuance. Any renewal of the license shall require reapplication and review as provided for hereunder.
[Added 8-28-2007 by Ord. No. 2355]
M. 
Suspensions of license. Registration may be suspended by the City Clerk pending the determination by the Common Council of the revocation of a license where the City Clerk has credible evidence that the registrant is engaged in conduct which has or may jeopardize the safety of citizens such as perpetrating a fraud or commitment of a burglary, robbery, theft, assault or sexual assault. Written notice of the suspension shall be served personally upon the registrant or, if the registrant cannot be found despite reasonable attempts to serve him/her, the notice may be tendered the registrant at the address given in its application for the direct seller license.
[Added 9-27-2016 by Ord. No. 2574]

§ 152-6 Charitable solicitors.

[Amended 1-23-2007 by Ord. No. 2335]
A. 
Permit required. Any charitable organization, society, association or corporation may solicit upon obtaining a permit subject to the regulations and conditions herein provided. Such solicitation may be for money, donations of money or property, in public places, or in private places that are not posted against such solicitation. The applicant shall furnish the City Clerk a sworn application which shall give the following information:
(1) 
Name of the organization.
(2) 
Proof that the applicant is recognized as a tax-exempt charitable organization by federal and state authorities.
(3) 
The name and address of the officers of the organization.
(4) 
The dates during which the solicitation is to be conducted.
(5) 
If an organization, a copy of the resolution authorizing the solicitation.
(6) 
Total amount of funds proposed to be raised and the use and disposition thereof.
(7) 
Identity and address of person in charge.
(8) 
Name and address of person who will disburse receipts.
(9) 
Outline of method of solicitation.
(10) 
Estimated cost of solicitation in dollars and percentage of amount collected.
(11) 
(Reserved)[1]
[1]
Editor's Note: Subsection A(11), amount of wages and fees, was repealed 1-23-2007 by Ord. No. 2335.
(12) 
Financial statement for last preceding fiscal year.
(13) 
Documents showing the amounts distributed in the last fiscal year by the organization for its charitable purposes as well as the percentage that amount represents of the total amounts collected. If the organization has been in operation less than one year, a statement of the preceding operating month may be substituted in its place.
(14) 
A statement that the license will not be used or in any way represented as an endorsement by the City.
B. 
Processing procedure.
(1) 
At the time the application is submitted to the City Clerk, a fee shall be paid to the Clerk to cover the cost of processing the application. Such fee may be waived by the City Council.
(2) 
The applicant shall be given a copy of this section and shall sign a receipt therefor.
(3) 
Chief of Police to conduct investigation of solicitors. Upon receipt of each application, the Clerk will refer it immediately to the Chief of Police, who will make and complete an investigation of the statements in such application and an investigation of each representative of the organization and each solicitor within one week after the application has been filed with the Chief of Police. The Chief of Police shall endorse his findings upon the application and deliver the application to the City Clerk.
C. 
Issuance of permit. Upon being satisfied that the applicant is a qualified charitable organization, that the costs of solicitation do not exceed 50% of the total collected and that none of the solicitors have been convicted of a felony, misdemeanor or other offense, the circumstances of which substantially relate to the activity of engaging in charitable solicitations, the City Clerk shall issue a license without charge except for the application fee. If not so satisfied, the City Clerk shall, within 10 days of filing, refer the application to the Common Council. Upon being satisfied that the applicant is a qualified charitable organization, that the costs of solicitation do not exceed 50% of the total collected and that none of the solicitors have been convicted of a felony, misdemeanor or other offense, the circumstances of which substantially relate to the activity of engaging in charitable solicitations, the Common Council shall order the City Clerk to issue the license. If not so satisfied, the Common Council shall deny the application.
D. 
Regulations for charitable solicitors. No charitable solicitor shall solicit:
(1) 
In groups of more than two persons for each residence called upon.
(2) 
By holding out that the City permit is an endorsement of the solicitation in any way.
(3) 
On the traveled portion of any public street.
(4) 
Before 9:00 a.m. or after 9:00 p.m., but in no situation shall a charitable solicitor solicit for more than 14 nonconsecutive days in a calendar year.
(5) 
On any premises, whether residential, commercial or industrial, that is posted in such a manner as to prohibit solicitation. Any sign or poster that contains the words "No Soliciting," "No Peddlers" or "No Peddlers or Solicitors," or a combination thereof, shall constitute a prohibition under this section.
(6) 
By remaining on premises after being requested to leave by the owner or occupant, or any member of his family. The solicitor shall leave immediately and without protest.
(7) 
On the grounds or in the buildings of any private or public school without the prior consent of the school authorities.
(8) 
Outside of the authorized solicitation period, nor within 12 months thereafter.
(9) 
By affixing a flower, pin or medallion, or similar device, to the person of another without the prior consent of such person.
(10) 
By refusing to make change for a bill or coin of a larger denomination than the donor wishes to contribute, or by keeping more than the donor wishes to contribute.
(11) 
Inside the public library, police station or fire station.
(12) 
Inside the City Hall, in City parks or in or upon any other City-owned or -operated property, without the permission of the Mayor and City Council, who shall designate the areas, times and duration of solicitation, which shall not exceed two weeks for any one organization in a calendar year.
(13) 
At a dwelling where a sign has been posted indicating that solicitation is generally not permitted or is restricted to particular hours. Such sign shall be placed either below the house street number or attached to or suspended from the mail box.

§ 152-7 Drive-in theaters.

A. 
License fee. See § 152-2.
B. 
Application. The application shall show the location and capacity of the drive-in theater and the names of the owner and manager of the same, shall contain evidence that the theater premises are constructed and maintained in compliance with all safety and building regulations pertaining to the premises and shall set forth in detail a plan for policing the premises and regulating the flow of traffic in and out of the theater premises, which plan shall meet the minimum requirements of this section. The application shall be accompanied by the required fee and a certificate from an insurance company showing compliance with the insurance requirements of this section.
C. 
Police supervision and traffic regulations. At all times when a drive-in theater is presenting any movie or other entertainment open to the public, and for 1/2 hour after such entertainment is concluded, the drive-in theater shall adequately police the premises and direct traffic to and from the premises and shall have a minimum of two employees for each movie screen policing the premises. The employees performing such policing duty shall be persons approved by the Council and, if possible, shall be special deputies or constables having the authority of duly constituted peace officers, but shall be paid by the applicant.
D. 
Cleaning premises. The licensee shall keep the premises clean of waste paper, boxes and debris by picking up all such material each day following a public opening and shall enclose the licensed premises with a tight fence sufficient to keep such waste paper, etc., from blowing on adjoining premises.
E. 
Liability insurance. The licensee shall, at all times, take out and keep in full force and effect adequate public liability insurance, which insurance shall indemnify the City from any liability arising from the operation and maintenance of overhead lights or other objects obstructing or overhanging the public highway, located on the licensee's premises or the highway in front of such premises, including lights or objects maintained or operated in connection with the drive-in theater, by or with the consent of the City.

§ 152-8 Shooting galleries and ranges; archery ranges.

A. 
Exceptions to license requirement.
(1) 
No license shall be required for a practice target shooting gallery installed in the basement of a one-family residential dwelling, provided such shooting gallery is limited to the use of air rifles, CO-2 or spring-type air guns, rim-fire- or centre-fire-type firearms utilizing lead alloy bullets or steel shot fired at a velocity not in excess of 750 feet per second. Metal-piercing-type bullets and jacketed-type bullets are prohibited. Such range may be used for archery.
(2) 
No license shall be required for an outdoor archery range on private premises consisting of at least one acre in size when the following conditions of safety are complied with:
(a) 
Distance between firing point and target butt shall not exceed 75 feet.
(b) 
The target butt shall be constructed of straw or other suitable fiber material sufficiently thick to completely retain any type of arrow loosed against it. Minimum size of archery target butt shall be not less than 48 inches in diameter if circular shape and not less than 48 inches along each side if square shape.
(c) 
A warning safety line consisting of at least one strand of rope or wire suitably suspended tautly from posts and mounted not less than two feet nor more than 2 1/2 feet above ground level shall completely enclose the range area, extending not less than 10 feet to either side of a line projected from the target face to the loosing point and enclosing the area from target butt to loosing point to warn a person from moving into the path of the arrow.
(3) 
No license shall be required for a portable archery target butt range set, when such is temporarily installed on any public recreation premises, when such archery program is under the immediate and direct supervision of a qualified instructor and is being operated by such instructor as a part of a recognized and organized recreation program. Such archery target butts installed shall be completely dismantled and removed from the premises when the instruction period has ended. The warning safety line is not required for such supervised instruction range.
(4) 
No license shall be required for premises utilized by a bona fide law enforcement agency for training in the use of firearms and discharge thereof. Prior to the use of such premises for such purpose, the owner thereof or law enforcement agency intending to utilize the premises shall deposit with the City Clerk's office either insurance as required for a premises utilized for target shooting as required by Subsection H of this section or other releases of liability or hold harmless agreement as required by the City Clerk's office.
[Amended 8-28-2007 by Ord. No. 2356]
B. 
Exemption from license fee. The Council may waive the payment of the required license fee for premises to be licensed for the exclusive use of an organized youth organization.
C. 
Licenses for corporation, etc. No corporation, firm, association or club shall be granted a license hereunder except to an agent thereof first duly appointed by it who is, at the time of filing said application, an officer, manager or member thereof, a citizen of the United States, a resident of the City continuously for at least two years prior to the date of said application and who shall have vested in him by properly authorized and executed written delegation full authority and control of the premises described in his license and of the conduct of all business and acts thereon and who shall with respect to his qualifications be satisfactory to the Chief of Police and the Council. Such agent shall be personally responsible for compliance with all the terms and provisions of this section. If such appointed agent shall during any license year cease to be an officer, manager or member of any corporation, firm, association or club on whose behalf said license was issued, a new license shall be required and application therefor shall be forthwith made pursuant to the terms and provisions of this section.
D. 
Licenses for individuals. No individual shall be granted a license hereunder unless he shall have been, at the time of filing said application, a citizen of the United States and a resident of the City continuously for at least two years prior to the date of said application, nor unless said individual is with respect to his qualifications satisfactory to the Chief of Police and the Council.
E. 
Application. Application for a license for any premises required to be licensed hereunder shall be made in writing and be accompanied by the license fee. Said application shall contain the following information:
(1) 
Name of applicant (state whether a firm, association, corporation, club or individual).
(2) 
Address of applicant.
(3) 
If applicant is an individual, state age.
(4) 
If applicant is not an individual, state the name and addresses of all officers of the club or organization.
(5) 
Location and description of the premises to be licensed.
(6) 
Statement as to whether said premises are owned or leased by applicant.
(7) 
Qualifications of applicant.
(8) 
Name of agent or applicant to whom license shall be issued.
(9) 
Furnish proof of appointment of agent.
(10) 
Qualifications of agent.
(11) 
Statement to describe the safety features of the premises.
F. 
Approval of Chief of Police required. No application shall be submitted to the Council unless said application shall have been approved by the Chief of Police.
G. 
One or more officers of the corporation, firm, association or club shall provide to the Chief of Police documentation certifying that the firearms range meets the safety specifications set forth in the preceding subsections and a copy of the range site plans. The Chief of Police shall review the report and submit a recommendation with the application to the Council.
[Amended 8-28-2007 by Ord. No. 2356]
(1) 
Premises to be licensed as an archery range shall meet the safety specifications to the standard set forth for indoor and outdoor ranges by the National Field Archery Association (NFAA). One or more officers of the corporation, firm, association or club shall provide to the Chief of Police documentation certifying that the range meets the safety specifications set forth by the NFAA and a copy of the range site plans. The Chief of Police shall review the report and submit a recommendation with the application to the Council.
H. 
Insurance requirements for shooting galleries, archery ranges and other licensed shooting premises. No license will be issued hereunder until the applicant shall have filed with the City Clerk a policy of liability insurance, or evidence of the issuance thereof, or evidence showing that insurance coverage to the extent set forth hereafter is presently in existence, that would cover the operation of each place of business or premises operated or maintained under this section, said policy of insurance to insure the City and the applicant, together with all licensees, invitees and the members of any applicant, against liability for damages growing or arising out of the operation of such shooting gallery, shooting range or archery range.
[Amended 8-28-2007 by Ord. No. 2356]
(1) 
Upon all premises used as an archery range, said policy of insurance shall be in limits of $1,000,000 for injuries or death of one person and $3,000,000 for the injuries or deaths of two or more persons injured or killed in the same accident and to the extent of $50,000 for the injury or destruction of property. Upon all premises used as a shooting gallery, target shooting, trap and skeet shooting, said policy of insurance shall be in limits of $1,000,000 for injuries or death of one person and $3,000,000 for the injuries or deaths of two or more persons injured or killed in the same accident and to the extent of $50,000 for the injury or destruction of property.
(2) 
If at any time said policy of insurance is canceled or materially modified by the issuing company, or the authority of such issuing company to do business in the State of Wisconsin is revoked, the issuing company shall thereupon immediately notify the City Clerk of these facts and the party to whom any license has been issued shall immediately replace said policy with another satisfactory to the Council. The license holder shall provide a certificate of insurance documenting the aforementioned coverages as well as the requirements of this paragraph to the City Clerk. In the event the license holder defaults in the requirements of this paragraph, said license may be immediately revoked.
I. 
Notice of injury or damage. The Police Department shall be notified immediately upon the occasion of any personal injury or property damage accident on any premises licensed under this section.

§ 152-9 Loudspeakers.

A. 
No person shall operate any loudspeakers or sound-amplifying devices in open-air theaters, places of amusement, upon the public highways or elsewhere within the City without first obtaining a permit therefor from the Chief of Police.
B. 
Application for such permit shall be made in writing to the Chief of Police, and if he is satisfied that such loudspeaker and sound-amplifying device will be operated at such volume and be so located as not to constitute a public nuisance, he may issue a permit therefor.
C. 
This section does not apply to public address systems and sound amplifiers operated within buildings which are completely enclosed so that the sound amplification does not cause disturbance outside of the building.[1]
[1]
Editor's Note: Former § 12.09, Junk Yards, which immediately followed this subsection, was deleted 6-19-2001 by Ord. No. 2142. See now Ch. 275, Zoning.
D. 
Any amendment to a permit issued under this section shall require Common Council approval. In the event that any amendment to an existing permit is issued, City Clerk shall so advise the Chief of Police of that change.
[Added 8-28-2007 by Ord. No. 2355]

§ 152-10 Regulation and licensing of dogs.

[Amended 7-23-2002 by Ord. No. 2180; 3-8-2011 by Ord. No. 2413; 11-13-2012 by Ord. No. 2490]
A. 
State regulations. Chapter 174, Wis. Stats., is made a part of this section by reference.
B. 
License required. Every owner of a dog which is more than five months of age on January 1 of any year shall annually, at the time and in the manner prescribed by law for the payment of personal property taxes, obtain a license therefore. Wis. Stats. § 174.05.
C. 
Fees. The owner shall pay to the City Clerk annually a fee as provided in § 152-2 of this chapter. In lieu of any other penalty, a late fee as provided in § 152-2 shall be assessed and collected pursuant to § 174.05, Wis. Stats., to any owner of a dog five months of age or over, if the owner failed to obtain a license prior to April 1 of each year, within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age.
D. 
Issuance of license. Upon payment to the City of the required fee and certification that the dog has not been declared dangerous in another community, the City Clerk shall issue a license to keep the dog for one year. The owner shall display the license tag provided by the City Clerk upon the dog's collar. Displaying the tag on a collar does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting, herding or controlling livestock if it is under control of its owner, or a dog secured in a fenced area. Wis. Stats. § 174.07.
E. 
Definitions: As used in this section, the following terms shall have the meanings indicated:
AT LARGE
The dog is:
(1) 
On private property without consent; or
(2) 
On public property without restraint and control; or
(3) 
Not secured in a vehicle.
DANGEROUS DOG
Any dog which:
(1) 
Has without provocation or extenuating circumstances as defined in § 152-10I, inflicted severe bodily harm on a human being or domestic animal; and/or
(2) 
Has previously been classified as a potentially dangerous dog and exhibits escalating behavior which endangers the safety of a human or domestic animal.
DOG
Any domesticated canine (Canis familiaris).
OWNER
Any individual that has the right of property in an animal or who keeps, harbors, cares for, acts as its custodian or who knowingly permits an animal to remain on or about his premises and/or property.
POTENTIALLY DANGEROUS DOG
Any dog, without provocation or extenuating circumstances, that menaces, chases, or displays threatening behavior which endangers the safety of a person or domestic animal.
SEVERE BODILY HARM
Bodily injury to a person or domestic animal, including, but not limited to, a significant laceration or puncture wound, fracture of a bone, a concussion or loss of consciousness, or loss of a tooth.
F. 
Public nuisances. Owners shall exercise proper care and control of their dogs to prevent them from becoming a public nuisance. Any violation of this section shall be penalized by a fine.
(1) 
Dogs shall not be allowed to run at large;
(2) 
Unreasonable noise;
(a) 
Excessive, habitual, persistent or untimely barking which is substantiated by complaints from at least two or more separate households in the immediate neighborhood; or
(b) 
Barks, howls, yelps, or whines habitually (for example: 10 minutes or more in a fifteen-minute period).
(3) 
The owner allows a dog to defecate on public streets, walks, adjacent private property, parks, or school property without immediately picking up and properly discarding;
(4) 
The owner allows the place where the dog is kept to become unsanitary or to produce offensive odors or conditions in a habitual, consistent, or persistent manner which annoys or offends the general sensibilities of two or more households in the immediate neighborhood which is substantiated by written complaints;
(5) 
The dog shall not be tied to a leash which reaches within three feet of a public walk;
(6) 
Damages private or public property.
G. 
Dangerous dog.
(1) 
Designation of a dog as dangerous: any dog which, without provocation or extenuating circumstances as defined in § 152-10I, inflicts severe bodily harm on a person or domestic animal within the City of New Berlin, shall be considered a dangerous dog and shall be penalized by a fine. Upon an animal being declared dangerous in New Berlin or any other jurisdiction, the owner shall immediately comply with all the requirements in § 152-10G(3).
(2) 
No person shall harbor, keep or maintain within the City limits of the City of New Berlin any dangerous dog not in compliance with this Subsection G.
(3) 
The owner of a dangerous dog, as defined by this section, shall:
(a) 
Provide that the dog be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children, designed to prevent the animal from escaping, and designed so that the snout of the dog cannot protrude beyond the enclosure. The owner must provide protection from the elements for the dog. Underground fences are not sufficient to contain these dogs.
(b) 
Be permitted to take the dog off the owner's premises if restrained by a suitable lead not exceeding four feet in length and is under the control of an able-bodied adult and muzzled to prevent it from biting any person or animal.
(c) 
Provide certification to the Clerk's office of the implantation of an identification microchip and the associated number within three business days of the incident.
(d) 
Submit payment of an annual fee to the Clerk's office as provided in Chapter 152 (Licenses and Permits) to reflect the cost of administration and recordkeeping. The fee shall be valid for one calendar year, expiring on December 31 of each year.
(e) 
Persons found in violation of the regulations for keeping a dangerous dog shall be penalized by a fine.
(4) 
A dangerous dog that runs at large or commits a repeat offense, as defined in § 152-10G(1), may be fined and/or impounded. Upon judgment of conviction in court, the dog shall be removed from the City and shall be addressed in accordance with the procedure and the standards set forth in Chapter 174 of the Wisconsin Statutes, which may include impoundment or euthanization.
H. 
Potentially dangerous dog.
(1) 
Any dog which, without provocation or extenuating circumstances, menaces, chases or displays threatening behavior which endangers the safety of a person or domestic animal shall be considered potentially dangerous and shall comply with the provisions of this Subsection H.
(2) 
Said dog shall be securely confined indoors or in a securely enclosed area or supervised by an able-bodied adult on a physical leash not to exceed four feet. Underground fences are not sufficient.
(3) 
After a period of 18 months without further incidents, the owner may present proof of successful test completion of the American Kennel Club Canine Good Citizen course to the Clerk's office to have the designation removed.
(4) 
The owner of said dog shall submit payment of an annual fee to the Clerk's office as provided in Chapter 152 (Licenses and Permits) to reflect the cost of administration and recordkeeping. The fee shall be valid for one calendar year, expiring on December 31 of each year.
(5) 
Persons found in violation of the regulations for keeping a potentially dangerous dog shall be penalized by a fine.
I. 
Extenuating circumstances. Notwithstanding the other provisions of this section, a dog shall not be deemed dangerous or potentially dangerous for behavior under the following circumstances:
(1) 
A dog utilized by law enforcement in performance of duties.
(2) 
A dog defending itself, its young, its owner or any other person from an attack.
(3) 
Result of a willful trespass or attempt to commit a crime.
(4) 
Harassing or engaging in conduct reasonably calculated to provoke the dog to attack.
J. 
Animal control.
(1) 
Confinement of dogs. The Police Department or any other officer appointed by the Council shall apprehend any dog running at large within the City and confine the same in a designated facility.
(2) 
Enforcement. The Council shall contract with a qualified entity which shall apprehend and confine dogs in a designated facility and otherwise assist in the enforcement of this section.
(3) 
Disposition of unclaimed dogs. The keeper of the designated confinement facility shall keep all dogs apprehended as provided herein for a period of seven days at the designated facility, unless claimed sooner by the owner or keeper. If any dog is not reclaimed by the rightful owner within such time, the dog may be sold for the amount incurred in the apprehending, keeping and caring for the dog or may be destroyed in a proper and humane manner in accordance with the approved contract.
(4) 
Owner to pay costs. The owner of any dog so confined may reclaim the dog at any time before the same is disposed of, upon payment of all costs and charges incurred in the apprehension, keeping and care of the dog. Such fees shall be as set by the Common Council for the apprehension and care of the dog, if such dog is reclaimed within 24 hours of apprehension. If the dog is reclaimed at any time after 24 hours of apprehension, up to and including the seventh day, the fee shall be as set by the Common Council, plus any expenses for inoculations or other medical treatment of the dog.
K. 
School property. No owner, keeper or person in control of a dog shall allow the dog on lands owned or used by the City public schools. This prohibition shall not include disabled persons, as that term would be defined by applicable state or federal law or regulation, whose handicap requires the use of specially trained dogs, police K-9s, nor dogs for approved on-site educational purposes.
L. 
Penalties.
(1) 
Forfeiture. Any person who violates this section shall be subject to a penalty as provided in § 1-18 of this Municipal Code. Each day a violation exists constitutes a separate violation and is punishable as such.
(2) 
Owners who repeatedly violate the laws will be subject to increased fines with each additional violation.

§ 152-11 Gas franchise.

A. 
Granted. The City does hereby grant unto the Milwaukee Gas Light Company (Wisconsin Gas Company) of Milwaukee, Wisconsin, its successors or assigns, a franchise under and pursuant to the terms of § 66.0815, Wis. Stats., as a public utility to engage in the distribution and sale to the public of manufactured or natural gas in, upon and under the public streets and grounds within the corporate limits of the City.
B. 
Conditions.
(1) 
This franchise is granted upon the condition that the public utility shall obtain authorization from the Wisconsin Public Service Commission in accordance with § 196.49, Wis. Stats., and no privileges shall be exercised under this franchise until such authorization is obtained.
(2) 
This franchise is granted upon the further condition that the public utility company shall obtain a specific ruling from the Public Service Commission or a court of competent jurisdiction that the 1950 boundary agreement between the Wisconsin Natural Gas Company and the Milwaukee Gas Light Company does not, as between the companies, bar the Milwaukee Gas Light Company from operation in the City.
C. 
Rules and regulations. This franchise is subject to the reasonable rules and regulations as the City Council may from time to time prescribe and until otherwise changed by ordinance shall be subject to the following regulations which the public utility accepts as reasonable:
(1) 
No work shall be performed and no opening or excavation shall be made within the limits of any of the public streets, alleys or public ways in the City without prior notification in writing to the City or its designated representative before the performance of the work, and no such work shall be done without a street occupancy permit from the Board of Public Works.
(2) 
All construction work, excavations, equipment and other hazardous conditions in connection with such construction work shall be properly barricaded and protected by the public utility with suitable lights and signs so as to protect the traveling public upon the public streets and highways at all times while work is in progress, and the public utility agrees to indemnify and save harmless the City of New Berlin against any claims, demands or liabilities arising out of or caused by such construction work, excavation, equipment or hazardous conditions, including court costs and attorneys' fees incurred in the defense of such claims and including liability imposed by the law under § 81.15, Wis. Stats.,[1] caused by the failure of the public utility to repair or restore the highway to its former condition as hereinafter provided.
[1]
Editor's Note: Wis. Stats., § 81.15, was renumbered to § 893.83(1) and amended by 2003 Act 214, § 136, effective 1-1-2005.
(3) 
Traffic shall not be shut off from travel over the streets or highways of the City without express authority from the City.
(4) 
Upon completion of its work, the public utility shall restore all streets and highways to their former condition and all ditches and excavations shall be backfilled in accordance with the regulations of the City.
(5) 
Before laying any main or pipe or other installation under the provisions of this section, the utility shall furnish the City a plan showing the construction and the proposed location thereof and upon completion of the work shall furnish the City completed drawings showing the depth and location of its installations.
(6) 
All pipelines and other installations shall be laid so as to not interfere with the use of the highways by the public or the use of the adjoining land by the owners thereof, and no trees shall be cut, trimmed or removed without the consent of the owner of the tree.

§ 152-12 Public dance halls, public dances and public entertainers.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PUBLIC DANCE
Includes any dance or acts of entertainment to which admission can be had by the public generally upon payment of a fee or by the purchase, possession or presentation of a ticket or token, or in which a charge is made for caring for clothing or other property, or any other dance to which the public generally without restriction may gain admission with or without payment of a fee, or any dance operated for profit, or any dance or entertainment act offered by paid entertainers upon any premises licensed for the sale of fermented malt beverages or intoxicating liquor, whether or not any charge is made therefor.
PUBLIC DANCE HALL
Any structure, tent or outdoor area where any public dancing is conducted or permitted, or any place at which classes in dancing are held and instruction in dancing given for hire except where such instruction for hire is limited to children not over 17 years of age. "Public dance hall" shall include any premises licensed for the sale of fermented malt beverages or intoxicating liquor where dancing by the public is conducted or permitted.
PUBLIC ENTERTAINER
A person who performs in the City for the entertainment of other persons upon payment of a fee or salary for such entertainment act.
B. 
License required. No person, firm or corporation shall use any premises within the City for a public dance or entertainment act unless a license therefor shall have been granted by the Common Council as hereinafter provided.
C. 
Application for license. Application for a license for operation of a public dance hall within the City shall be filed with the City Clerk and accompanied by the fee fixed by this section for such license. Such fee will be returned to the applicant if license is denied. The application shall be in writing and set forth the following:
(1) 
Name, age, residence, occupation and citizenship of the applicant.
(2) 
Location of the premises to be licensed.
(3) 
Whether the applicant has been issued a public dance hall license in the City within the two years prior to the present application.
(4) 
Location of premises under previous license.
(5) 
Full detailed disclosure as to place, nature of the offense and penalty imposed on any conviction of a violation of any law of the United States, the State of Wisconsin or other states or ordinance of the City within the two years prior to current application date, or whether the applicant faces trial upon any such offenses at the time of application.
(6) 
Name and residence address of the person, firm or corporation owning the premises for which license is applied.
D. 
Processing of application. Upon receipt of application the City Clerk shall forward it to the Committee of the Whole of the Council within three days. The Committee of the Whole shall make such examination of the information set forth in the application as it may deem necessary to verify or confirm truthfulness. The Committee of the Whole shall report the application and the facts of its inquiry to the Council within 15 days of its receipt of the application from the City Clerk.
E. 
Classification of licenses. Licenses shall be nontransferable and prepared on a license form as prescribed by the Council. They shall be designated:
(1) 
Class "A" license, required for the premises on which a public dance is held where a charge is made for admission or where admission is by means of the purchase, possession or presentation of a ticket or token, or where the dance is advertised as a dance and where musicians are employed to provide music for such dancing.
(2) 
Class "B" license, required for the premises where dancing is incidental to other business conducted on the premises and where no charge or fee, either directly or indirectly, is made for admission, and dancing is not advertised as such, and where there are no musicians employed to furnish music for dancing.
(3) 
"Special permit" license, granted to hold not more than one public dance on a premises not licensed under a Class "A" or Class "B" license.
F. 
Expiration date and license fees.
(1) 
All licenses granted under this section shall expire on June 30 each year, except a "special permit" license which shall be valid only for the date specified on the license issued.
(2) 
Fees shall be set by the Common Council.
G. 
Exemptions from licensing requirements. Premises owned, leased or otherwise under direct control of the school districts within the City shall be exempt from the requirements of this section, provided the dances or entertainment acts offered on such premises are offered by persons who are active students within the New Berlin school system, or under the direct sponsorship of school staff as a school function. Attendance at such dances on such premises shall not be limited to enrolled students but may include the invited public, provided sponsorship is retained under control of the school boards.
H. 
Supervision of licensed premises. The Chief of Police shall supervise all licensed dance halls in such manner as he may deem necessary for their proper operation.
I. 
Rules and regulations. The following rules and regulations shall govern the conduct, operation and management of all public dances and entertainment acts:
(1) 
No license shall be issued for a premises until it shall be found that such premises is a safe and proper place to conduct a public dance and that the structure is properly ventilated and supplied with sufficient toilet conveniences.
(2) 
Licensed premises shall be kept clean and sanitary at all times and subject to municipal and state fire regulations.
(3) 
No person who is the proprietor or manager of a licensed premises, or who is in charge of any public dance, shall permit the use of intoxicating liquor in violation of the law, or the presence of intoxicated persons on such premises, or the presence of any child of 17 years of age or less who is not accompanied by his parents or legal guardian.
(4) 
No public dancing shall be permitted, nor shall any music be furnished or played, from 1:00 a.m. to 8:00 a.m. except when such times are extended for the period from 2:00 a.m. to 8:00 a.m. during daylight saving time periods and 3:00 a.m. to 8:00 a.m. on January 1 of each year.
(5) 
When a private dance is held on a licensed dance hall premises, uninvited persons shall not be permitted to loiter on the premises.
(6) 
All public dance halls shall be kept well and sufficiently lighted.
(7) 
Conduct of entertainers.
(a) 
Persons offering entertainment acts shall not be under the influence of liquor or drugs.
(b) 
Persons offering entertainment acts shall not use language or gestures tending to provoke a breach of the peace.
(c) 
Persons offering entertainment acts shall not expose breasts or private parts of the body.
(d) 
Female entertainers shall not solicit drinks from the customers, nor shall female entertainers be permitted to sit or stand at any bar where drinks are served or sold.
J. 
Authority to close premises. The Chief of Police or his representative shall order the premises closed, and all persons present to vacate and leave the premises, whenever any provision of the Code with regard to public dances is being violated, or whenever any indecent acts shall be committed or when any disorders of a gross, violent or vulgar character shall take place. Any such order given to close or vacate a licensed premises shall be considered a temporary measure for public safety and shall terminate after eight hours from the time the order is given. The Chief of Police shall cause a report to be made of each such order to vacate to the Committee of the Whole.
K. 
Revocation of license. The license of any public dance hall may be revoked or suspended by the Council for violations of the provisions of this section. The procedures for revocation of licenses shall be the procedures as detailed in § 152-1, Subsection O, of this chapter.
L. 
Reinstatement of license after revocation or suspension.
(1) 
Any public dance hall license revoked shall not be reinstated for the same premises at the same location for six months.
(2) 
Any license suspended under the provision of this section shall have effect from the date the order is signed through the consecutive number of days ordered for suspension.
(3) 
Any public dance hall license revoked or suspended shall be delivered forthwith to the City Clerk.
M. 
The Chief of Police and police officers of the City are recommended and selected as persons to supervise public dances, and the Chief of Police shall make assignments of officers for the supervision of public dances in such manner, and at such times, as he may deem necessary and proper or upon request of a licensee for the services of police officers to supervise a special event. When New Berlin police officers are assigned such special duty at any public dance as deemed necessary by the Chief of Police, or upon request of the licensee, the cost of such police officers' time shall be the rate of pay for senior patrolmen. The Chief of Police shall direct an invoice to the licensee, detailing the number of officers and the total hours of time and cost. The licensee shall make remittance directly to the City Clerk.
N. 
Nothing in this section shall be construed to prevent the attendance of children under 17 years of age upon public dance hall premises when public dances are not being held.
O. 
Any and all fees for licenses, as provided in this section, shall be paid to the City Clerk and shall accompany the application for license when it is first submitted. Such fees shall be retained by the City for the administration and enforcement of this section.[1]
[1]
Editor's Note: Former § 12.13, Swimming Pools, which immediately followed this subsection, was deleted 6-19-2001 by Ord. No. 2142. See now Ch. 238, Swimming Pools.

§ 152-13 Taxicabs and drivers.

A. 
Legislative declaration. The Common Council hereby declares it necessary to regulate the owners of taxicabs and the drivers thereof by license, under the authority of §§ 349.24 and 62.11(5), Wis. Stats.
B. 
Definitions. The following terms, as they appear in this section, shall have the following respective meanings:
TAXICAB
A motor vehicle regularly engaged in the business of carrying passengers for hire, not operated on a fixed route, and equipped with a taximeter.
TAXICAB BUSINESS LICENSE
A license issued by the Common Council to a person, firm or corporation having the ownership, control or use of one or more taxicabs, and authorizing the operation thereof within the City of New Berlin.
TAXICAB DRIVER'S LICENSE
A license issued by the Common Council to the drivers of taxicabs under the terms and provisions of this section and authorizing the holder thereof to drive taxicabs licensed by the City.
TAXIMETER
A meter instrument or mechanical device attached to a taxicab, by which the fare is mechanically calculated on the basis of distance traveled and waiting time.
C. 
Licenses required.
(1) 
No taxicab owner shall operate or permit to be operated his taxicabs within the City without first having secured a taxicab business license.
(2) 
No person shall drive a taxicab within the City without having first obtained a taxicab driver's license.
(3) 
Exception. No license shall be required under this section either as to owner or driver for the operating or driving of a cab licensed by another municipality which is only delivering a passenger to a point in the City of New Berlin.
D. 
Taxicab business license.
(1) 
A taxicab business license shall authorize the operation of taxicabs within the City under the terms and provisions of this section and under other lawful conditions imposed by the Common Council.
(2) 
Applications. Applications for taxicab business licenses shall be on forms furnished by the City Clerk. They shall set forth the name and business address of the applicant; his residence; length of time a resident in his municipality; the type of license applied for; the number of cabs to be operated in the business; a description of each cab, including the motor and serial numbers, the make or model, the year of manufacture, and such other pertinent identification information as the Clerk shall require; the name of the insurance companies furnishing the liability insurance required hereunder; if a partnership, the names and addresses of all partners; if a corporation, the name and address and place of incorporation and the name and address of all officers and the corporate agent. Applications shall be addressed to the Committee of the Whole. Applications should also show the experience of the applicant in the transportation of passengers, the location of proposed depots and terminals, the color of insignia to be used to designate the vehicles of the applicant, any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a license and the financial responsibility of the applicant, including the amounts of all unpaid judgments against the applicant.
(3) 
Qualifications. Licensees must be of good moral character, capable of meeting all the terms and requirements of this section, financially responsible and capable of providing safe, reliable taxicab transportation to serve the public convenience and necessity in the City.
(4) 
Agent required for corporation. Each corporate applicant shall first appoint an agent who shall at all times have full authority and control of that part of the taxicab business which is conducted in the City. Such agent shall meet the qualifications of this section and shall be personally responsible for any violations of this section by the corporation. Substitution of successor agent may be only upon written approval of the Mayor. Any corporate licensee which fails to comply with this section shall forfeit its license.
(5) 
Public hearing. Upon initial application being filed for a taxicab business license, the City Clerk shall publish a notice of public hearing in the official City newspaper. At least seven days shall elapse between the date of publication and the date of the hearing. The hearing shall be held before the Committee of the Whole. After the hearing, and upon a determination that the applicant meets the qualifications and other terms and provisions of this section, and upon a finding that the public convenience and necessity requires the issuance thereof, the Common Council shall issue the taxicab business license. No license shall be deemed issued until the Clerk has actually delivered the license certificate to the applicant.
(6) 
License certificate. The license certificate shall be upon forms prepared by the City Clerk. It shall contain the name and address of the licensee, the date of issuance or renewal, and the number of cabs for which issued.
(7) 
License period. All licenses shall expire on July 1 of each year.
(8) 
License fees. No license shall be granted or issued until the fees as set by the Common Council have been prepaid to the City.
(9) 
License renewals. A license may be renewed annually upon a showing by the taxicab business licensee that he continues to comply with all terms of this section. A renewal application shall be filed with the Clerk not later than May 15. Such application shall contain a statement of any information differing from that filed in any preceding application and any further information required to give the Common Council a full and complete report on the applicant.
(10) 
Common Council consent for transfer. No taxicab business license may be sold, assigned, mortgaged or otherwise transferred without the consent of the Common Council.
(11) 
Council approval required to increase number of cabs. No taxicab business licensed under this section shall increase the number of taxicabs operated by it in New Berlin without the consent of the Common Council.
(12) 
Revocation. The Common Council may revoke or suspend any license for violation of the terms of this section or for conduct by any operator or his servants, agents or employees which threatens the public safety, or which provokes or tends to provoke violence or which defrauds or endangers any person or passenger, or for failure to render adequate and timely service. Such revocation or suspension shall be after a public hearing before the Common Council, with at least 48 hours' notice thereof to be given the licensee, except that the Chief of Police shall have the power of summary suspension for 24 hours to preserve the public peace.
E. 
Equipment, maintenance and insurance of vehicles.
(1) 
Taximeter required. All taxicabs operated under this section shall be equipped with taximeters fastened in such place as to be readily visible to passengers at all times, day or night; after sundown, the face of the taximeter shall be illuminated. Said taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. It shall be sealed at all points and connections, which, if manipulated, would affect its correct reading and recording. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the taxicab driver to throw the flag of such taximeter into a nonrecording position at the termination of each trip. The taximeters shall be subject to inspection from time to time by the Police Department and by the City Sealer. Upon the discovery of any inaccuracy in any such taximeter, any police officer or the City Sealer is authorized to notify the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept out of service until the taximeter is repaired and in good working condition.
(2) 
Insurance. No taxicab owner's license shall be issued until a certificate of liability insurance is filed with the City Clerk showing insurance in force of $50,000/$100,000/$10,000 limits, written by an insurance company licensed to do business in the State of Wisconsin, and providing for 10 days' advance notice to the City in the event of cancellation. Cancellation of insurance shall be cause for immediate and summary suspension of the taxicab owner's license.
(3) 
Marking of vehicles. Each taxicab shall bear on the outside of each rear door in painted letters the name of the owner, and, in addition, may bear an identifying design approved by the Common Council.
(4) 
Inspection. No person shall operate any taxicab in the City which is mechanically unsafe, particularly in respect to brakes, steering apparatus and tires. Any officer of the New Berlin Police Department may inspect or cause to be inspected any taxicab to determine whether it is safe for public hire. Refusal to permit inspection shall be cause for suspension of the taxicab's or taxicab driver's license.
(5) 
Taxicabs must be kept clean. All taxicabs operating under this section shall be kept in reasonably clean and sanitary condition.
F. 
Taxicab driver's license.
(1) 
Application. Application for a taxicab driver's license shall be on forms supplied by the City Clerk. It shall set forth the applicant's full name, residence, places of residence for five years prior to moving to his present address, age, color, height, color of eyes and hair, place of birth, length of time a resident of the City, whether a citizen of the United States, marital status, whether ever convicted of a felony or misdemeanor and, if so, in which court, whether previously licensed as a driver or chauffeur and, if so, whether his license was revoked and for what cause. The application must be signed by the applicant and a copy thereof forwarded to the Police Department by the City Clerk.
(2) 
Qualifications. Each applicant must be over 18 years of age, of sound physique and good eyesight and not subject to epilepsy, vertigo, heart trouble or other infirmity likely to render him unfit for the safe operation of a taxicab. The applicant must be able to read and write the English language, be clean in dress and person and not addicted to the use of intoxicating liquors and drugs. The applicant must be of good moral character.
(3) 
Police investigation and report on applicant. The Police Department shall take or cause to be taken the fingerprints of the applicant and shall investigate his qualifications and fitness to hold a taxicab chauffeur's license. The Chief of Police shall make a written report on the applicant to the Committee of the Whole of the Common Council.
(4) 
Subsequent record to be kept by police. There shall be kept in the office of the Chief of Police a complete record of each license issued to a taxicab driver and of all renewals and revocations thereof. Also contained therein shall be a record of each violation of law by the licensee. Each new violation shall be reported to the Committee of the Whole.
(5) 
Photograph.
[Amended 8-28-2007 by Ord. No. 2355]
(a) 
Each applicant must file with his application two recent photographs of a size which may be readily attached to the taxicab driver’s license, one of which shall be attached to said license if issued, the other filed with the application. The license shall be exhibited or displayed by the driver.
(6) 
Fee. The fee for a taxicab driver's license, and for each renewal thereof, shall be set by the Common Council.
(7) 
Council to act on applications. The Committee of the Whole shall report on taxicab driver's license applications. The Common Council shall determine whether the applicant is qualified to hold such license and, accordingly, shall proceed to grant or deny such license.
(8) 
Renewal. The Committee of the Whole shall have the power to renew a taxicab driver's license from year to year upon receipt of a renewal application and a showing that the holder thereof remains qualified to hold said license.
(9) 
Revocation. Taxicab driver's licenses may be revoked or suspended at any time by the Committee of the Whole for violation of this section or for other adequate cause. The Police Department shall be notified of the Committee's action. Revocation shall take effect only after the licensee has been given a hearing and an opportunity to present evidence in his behalf.
G. 
Regulations to be observed by taxicab driver.
(1) 
License and badge to be exhibited. Each licensed taxicab driver shall, upon demand of a policeman or passenger, exhibit his taxicab driver's license together with the photograph attached. Further, each taxicab driver shall constantly and conspicuously display his badge on the outside of his coat or cap while he is engaged in his employment.
(2) 
Duty to render service. No person holding a taxicab owner's license or a taxicab driver's license shall fail or refuse to render service to an orderly person requesting service, provided that this requirement shall not apply when the requested service would be in violation of law, nor when mechanical failure, impassable roads or barriers, strike or act of God prevent the rendition of such service, nor when the prospective passenger is requested to tender and pay the fare in advance and fails to do so.
(3) 
Number of passengers. No person shall carry in any taxicab a passenger or passengers in excess of the seating accommodations in such cab, provided that an infant in arms shall not be deemed a passenger within the meaning of this section.
(4) 
No pickups after initial load. No taxicab driver, after a taxicab has been hired by a passenger, or passengers traveling together, shall pick up other persons along the route of destination. No such driver shall solicit the permission of the passenger or passengers first hiring the taxicab to pick up other persons.
(5) 
No cruising. No taxicab driver shall engage in the practice of cruising, i.e., repeatedly and persistently canvassing the streets, or loitering upon said streets in such manner as to interfere with the orderly movement of traffic or orderly ingress and egress to public and private buildings. It is the purpose of this section to prevent taxicab drivers from pursuing their business in such a manner as to be a nuisance and from obstructing the orderly movement of vehicular and pedestrian traffic.
(6) 
Not to charge in excess of approved rates of fare. It shall be unlawful to charge taxicab fares in excess of the fares approved by the Common Council. Taxicab business licensees shall submit fare schedules to the Council for approval.
(7) 
Must comply with City and state laws. Each taxicab driver licensed under this section must comply with all City, state and federal laws. Failure to do so shall be cause for suspension or revocation of license.
H. 
Taxicab "wars" prohibited. No taxicab owner and no taxicab driver shall engage in a taxicab "war" with competitors. Damage to a competing taxicab or injury to a competing taxicab driver while engaged in such practice shall be cause for suspension or revocation of license. The Common Council shall determine violations of this section. Any person obtaining or holding a license under this section is deemed to have consented to the exercise of such power by the Common Council and that the determination of the Council hereunder shall be final and conclusive.
I. 
Taxicab stands. Taxicab stands shall be established at such place or places upon the streets of the City as determined by the Common Council by appropriate ordinance or resolution. No vehicles other than taxicabs shall occupy said stands.
J. 
Passenger must pay fare. No person shall refuse to pay the legal fare of any taxicab licensed under this section after having hired the same, and no person shall hire any such taxicab with intent to defraud the person from whom it is hired of the value of such service.
K. 
Police Department to enforce section. The Police Department shall watch and observe the conduct of licensees under this section. All violations shall be reported to the Committee of the Whole, which Committee will order or take appropriate action.

§ 152-14 Regulation and licensing of cats.

A. 
License required. Every person residing in the City who owns, harbors or keeps a cat which is more than five months of age on January 1 of any year shall annually, at the time and in the manner prescribed by law for the payment of personal property taxes, obtain a license therefor.
B. 
Fees. The owner shall pay to the Director of Finance and Administration annually a fee as provided in § 152-2 of this chapter.
[Amended 7-23-2002 by Ord. No. 2180]
C. 
Issuance of license. The application for such license shall be made to the Director of Finance and Administration, who shall execute and issue to the owner or keeper of the cat a license and a durable tag with an identifying number, county in which issued and the license year. The license year shall commence on January 1 and end the following December 31. The owner or keeper of the cat shall, upon procuring the license, place upon the cat a collar with the tag furnished to him by the Director of Finance and Administration indicating that the cat has been licensed as provided in this section.
[Amended 7-23-2002 by Ord. No. 2180]
D. 
Regulation of cats. Any person who owns, harbors or keeps any cat over the age of five months within the City shall:
(1) 
Have a cat vaccinated against rabies and continue with the vaccination as necessary to ensure that the cat is effectively immunized against rabies at all times. At the time any owner or keeper applies for a license for any cat provided in this section, the owner or keeper shall exhibit a certificate from a veterinarian showing that the cat in question is currently immunized against rabies.
[Amended 7-12-2011 by Ord. No. 2461]
(2) 
Not permit any cat to be at large. Any police officer or health officer may seize and cause to be impounded any cat found at large.
(3) 
Comply with Ch. 174, Wis. Stats., as though such statutes were equally applicable to cats, except as the versions of Ch. 174 are modified or amended by this section.

§ 152-15 Alarm systems and false alarms.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALARM SYSTEM
Any device designed for the detection of an unauthorized entry on the premises, prohibited act or any emergency that alerts a municipal organization of its commission or occurrence and when actuated gives a signal, either visual, audible or both, or transmits or causes to be transmitted a signal. This shall not include a device designed solely to alert the occupants of a building of fire or smoke on the premises or illegal entry.
FALSE ALARM
A signal from an alarm system that alerts any municipal organization of the City that results in an emergency response from that group when a situation of emergency does not exist.
LOCAL ALARM
A system that gives a signal, either visual, audible or both, on the exterior portion of the property, but does not leave that structure by wire or radio wave to a control receiving location. This shall not include a device designed solely to alert the occupants of a building of fire or smoke on the premises or illegal entry.
PERSON
Any individual, partnership, corporation or other entity.
B. 
Permits.
(1) 
Required. A permit shall be required for each alarm system or local alarm on premises within the City on the effective date of this section or installed after this effective date.
(2) 
Fee. The fee for residential alarm systems shall be established from time to time by the Council, and said fees shall be on record in the City Clerk’s office. All other systems shall have a one-time permit fee as set by the Common Council. Separate fees shall be required for each system or function.
[Amended 1-17-2006 by Ord. No. 2291]
(3) 
Time to acquire. Systems now on premises within the City shall obtain a permit within 90 days after the effective date of this section. Any alarm system installed after the effective date of this section must have a permit before the system is installed.
C. 
Requirements.
(1) 
All installation and inspection maintenance fees shall be paid by the permit holder.
(2) 
All alarm system permit holders in the City shall assure that a key holder will be notified and arrive at the scene of the alarm within 30 minutes after the Police or Fire Department has been notified that the alarm has been activated. This response is necessary in order to reset or gain entrance to the building.
(3) 
All local alarms within the City must have some type of device attached to the alarm that will automatically shut the alarm off after 15 minutes or have some other means of turning the alarm off.
(4) 
All alarm systems shall be equipped with functional batteries in case of power failure.
D. 
Prohibitions.
(1) 
No person shall install an alarm system or local alarm or use an operative alarm system or local alarm without having a permit in accordance with the provisions of this section.
(2) 
No person owning, using or possessing an alarm system or local alarm shall cause or permit the giving off of repeated false alarms, whether intentional, accidental or otherwise.
(3) 
Certain alarm systems include a dialer so that when the system is activated the dialer automatically dials the fire, police or emergency services and repeatedly gives a recorded message. No person shall have installed or operate such an automatic dialer that selects a municipal emergency service trunk line going into a municipal building. Any system in operation on the effective date of this section shall be modified so that it is no longer in violation, or be disconnected not later than 90 days after the effective date of this section.
E. 
Revocation.
(1) 
Hearing required. Before a permit issued pursuant to this section may be revoked, a hearing must be held before the Committee of the Whole of the City Council. Notice setting forth the time, place and nature of the hearing shall be sent by mail, or delivered to the permit holder at the address shown on the permit application, not less than seven days prior to the hearing.
(2) 
Grounds for revocation.
(a) 
The application for a permit contains a statement of material fact which is false.
(b) 
The permit holder has repeatedly failed to comply with the provisions of this section, whether caused by faulty equipment or otherwise.
(c) 
An alarm system, or local alarm, that repeatedly actuates false alarms.
F. 
Application, issuance of permit and appeal.
(1) 
Issuing authority. The issuing authority shall be the City Council of the City.
(2) 
Application. Application for all permits required under this section shall be filed in writing with the City Clerk. The City Clerk shall prescribe the form of the application and request any information that is necessary to evaluate and act upon the permit application. The City Clerk shall deny a permit if the alarm system, for which the permit is sought, does not comply with this section.
(3) 
Information required. The permit shall contain the following information: permit holder's name and home address, address where alarm is installed, type of building and use, type of system (silent, visual, audible or fire), manufacturer's name and service company, and name, address and telephone number of individual to be notified in case of emergencies. Upon issuance of each permit, the City Clerk's office shall forward all records relating to such permit to the Police Department. The Police Department shall annually review the permit records to determine whether validly issued permits have been obtained by persons who have alarm systems.
(4) 
Appeal. Any person required by this section to have a permit who has been denied such permit by the City Clerk shall have the right to appeal that decision to the City Council.
G. 
Miscellaneous provisions.
(1) 
Limitations of liability. The City shall be under no duty or obligation to a permit holder or to any other person of any provision of this section. This liability includes, but is not limited to, any defects in an alarm system or any delay in transmissions or responses to any alarms.
(2) 
Motor vehicles. The provisions of this section shall not be applicable to audible alarms affixed to motor vehicles.
(3) 
Nonapplication to municipal corporations. Subsections B, C and D of this section shall have no application to municipal corporations. All other provisions of this section shall apply to municipal corporations except those which have no application by virtue of the nonapplication of the above-named subsections.[1]
[1]
Editor's Note: Former § 12.17, Day Care Employees, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 238, Swimming Pools.

§ 152-16 Licensing and regulation of pigeons.

A. 
Applicability. This section shall apply to the keeping and harboring of pigeons for any purpose.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LOFT
Includes any and all quarters in which pigeons are housed.
PIGEON
Includes any and all varieties and breeds of pigeons, having official seamless identification or national bands, and the pigeons are not to be identified or classified as fowl when raised or used in the sport.
C. 
Licensing and keeping of pigeons.
(1) 
License required. No person shall harbor or keep any live pigeon or pigeons within the City unless a license therefor has been first obtained from the City Clerk. Such license shall entitle the licensee thereof to keep pigeons under the terms and conditions of this section.
(2) 
Application for license. The City Clerk shall prescribe the form of application which shall include the name of the applicant, location and type of structure wherein such pigeons are to be kept and any other information which may be necessary for the enforcement of this section. Along with the request for such license, the applicant shall provide a plan showing the construction and relevant location of the loft on his property. The loft location shall conform to Chapter 80, Building Construction, Chapter 110, Erosion Control, Chapter 124, Fire Prevention, Chapter 141, Historic Preservation, Chapter 201, Property Maintenance, and Chapter 275, Zoning, of this Code regarding setbacks from lot lines and other zoning and building requirements. Upon approval by the Chief Building Inspector of the submitted loft plan, the City Clerk shall issue the license.
(3) 
Term of license. Licenses issued under this section shall be valid for the period of one year and may be renewed annually upon payment of the fees herein set forth; provided, however, that a license shall not be renewed or a new license issued to any licensee or applicant whose license under this section has been revoked until he has complied with all the provisions of this section and has given the City Council satisfactory assurance of future compliance.
(4) 
License fees. The fee for the license and renewal of the license herein provided shall be as provided in § 152-2 of this chapter, which amount shall be tendered with the application for the license.
(5) 
Revocation of license. Pigeon lofts shall be subject to periodic inspection by the City officials. If any licensee violates any provisions of this section, the City may revoke the license.
(6) 
Appeal. A person feeling aggrieved by any order under this section may, within 20 days of the issuance of the order, appeal to the Board of Appeals by serving a notice of appeal upon the City Clerk and the Chief Building Inspector. The appeal shall be heard and a time shall be set by the Board of Appeals not more than 30 days nor less than five days after serving of the notice of appeal. The City Clerk or the Board of Appeals shall notify all interested parties of the time and place of the hearing at least 48 hours before the time set for the hearing. The Board of Appeals may affirm, alter or set aside any portion of the order appealed.
(7) 
Conditions for keeping and maintaining pigeons. It shall be deemed a violation of this section for any person to harbor, keep or maintain pigeons upon other than the following conditions:
(a) 
All premises on which such pigeons are kept and maintained shall at all times be kept clean, free from filth, garbage and such substances which attract rodents.
(b) 
All pigeons shall be fed within the confines of the loft or premises in which such pigeons are housed.
(c) 
All grains and food stored for the use of such pigeons shall be kept in rodent-proof containers.
(d) 
All aviaries shall be completely enclosed with wire netting or equivalent material that will prevent pigeons from escaping the confines of the loft.
(e) 
The outline of the loft to house such pigeons shall be of such design to conform with the symmetry of existing buildings.
(f) 
Housing of pigeons shall be permitted in the second story of detached garages per plans approved by the Chief Building Inspector.
(g) 
Any loft housing pigeons shall be elevated a minimum of six inches and a maximum of 12 inches above grade to ensure freeway beneath the loft. Further, the loft shall rest upon concrete piers, cement blocks or other suitable foundation material. Any loft built expressly to house pigeons shall have a maximum height of nine feet.

§ 152-17 Adult-oriented establishments.

A. 
Definitions. For the purpose of this section, the following words and phrases shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having as its stock in trade for sale, rent, lease, inspection or viewing books, films, video cassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas as defined herein and, in conjunction therewith, have facilities for the presentation of adult entertainment as herein defined, including adult-oriented films, movies or live performances, for observation by patrons therein.
ADULT CABARET
A cabaret which features topless dancers, strippers, male or female impersonators or similar entertainers.
ADULT ENTERTAINMENT
Any exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme or is distinguished or characterized by an emphasis on any actual or simulated specified sexual activities or specified anatomical areas as herein defined or the removal of articles of clothing or appearing partially or totally nude.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of fewer than 50 persons used for presenting material having as its dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as herein defined for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons used for presenting material having as its dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENT
Includes, but is not limited to, adult bookstores, adult motion-picture theaters, adult mini motion-picture establishments or adult cabaret, and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purposes of viewing adult-oriented motion pictures or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.
COUNCIL
The City Council for the City of New Berlin, Wisconsin.
OPERATORS
Any person, partnership or corporation operating, conducting, maintaining or owning any adult-oriented establishment.
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola.
(2) 
Human male genitals in a discernibly turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Simulated or actual:
(1) 
Showing of human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
(3) 
Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
B. 
License.
(1) 
Except as provided in Subsection B(4) below, from and after the effective date of this section, no adult-oriented establishment shall be operated or maintained in the city without first obtaining a license to operate issued by the City.
(2) 
A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person who desires to operate more than one adult-oriented establishment must have a license for each.
(3) 
No license or interest in a license may be transferred to any person.
(4) 
All adult-oriented establishments existing at the time of the passage of this section must submit an application for a license within 90 days of the passage of this section. If an application is not received within such ninety-day period, then such existing adult-oriented establishment shall cease operations.
C. 
Application for license.
(1) 
Any person desiring to secure a license shall make application to the City Clerk. The application shall be filed in triplicate with and dated by the City Clerk. A copy of the application shall be distributed promptly by the City Clerk to the City Police Department and to the applicant.
(a) 
Chief of Police to conduct investigation of applicants. Upon receipt of each application, the Clerk will refer it immediately to the Chief of Police who will make and complete an investigation of the statements in such application and an investigation of each representative of the organization and each applicant within reasonable dispatch after the application has been filed with the Chief of Police. The Chief of Police shall endorse his findings upon the application and deliver the application to the City Clerk.
(2) 
The application for a license shall be upon a sworn or affirmed application provided by the City Clerk. Each application for a license shall identify all partners or limited partners of a partnership applicant, all officers or directors of a corporate applicant and all stockholders holding more than 5% of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business and for each shall include the following information:
(a) 
Name and address.
(b) 
Written proof that the individual is at least 18 years of age.
(c) 
The address of the adult-oriented establishment to be operated by the applicant.
(d) 
An accurate and detailed plan or drawing depicting interior walls, partitions and rooms, including rest rooms, and the proposed use of each room.
(e) 
If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent, the name and address of all shareholders owning more than 5% of the stock in such corporation and all officers and directors of the corporation and provide written proof that each individual listed is at least 18 years of age.
(f) 
If the applicant is a partnership, the application shall specify the name and address of all partners or limited partners and provide written proof that each individual listed is at least 18 years of age.
(3) 
Within 21 days of receiving an application for a license, the City Clerk shall notify the applicant whether the application is granted or denied.
(4) 
Whenever an application is denied, the City Clerk shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within 10 days of receipt of notification of denial, a public hearing shall be held within 10 days thereafter before the Council as hereinafter provided.
(5) 
Failure or refusal of the applicant to give any information relevant to the investigation of the application or his refusal or failure to appear at any reasonable time and place for examination under oath regarding such application or his refusal to submit to or cooperate with any investigation required by this section shall constitute an admission by the applicant that he is ineligible for such license and shall be grounds for denial thereof by the City Clerk.
D. 
Standards for issuance of license. To receive a license to operate an adult-oriented establishment, an applicant must meet the following standards:
(1) 
If the applicant is an individual:
(a) 
The applicant shall be at least 18 years of age.
(b) 
The applicant shall not have been found to have previously violated this section within five years immediately preceding the date of the application.
(2) 
If the applicant is a corporation:
(a) 
All officers, directors and stockholders required to be named under Subsection C(2) shall be at least 18 years of age.
(b) 
No officer, director or holder of 5% or more of stock of the corporation shall have been found to have previously violated this section within five years immediately preceding the date of the application.
(3) 
If the applicant is a partnership, joint venture or any other type of organization where two or more persons have a financial interest:
(a) 
All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age.
(b) 
No person having a financial interest in the partnership, joint venture or other type of organization shall have been found to have violated any provision of this section within five years immediately preceding the date of the application.
E. 
Fees. A license fee as provided in § 152-2 of this chapter shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned.
F. 
Display of license or permit. The license shall be displayed in a conspicuous public place in the adult-oriented establishment.
G. 
Renewal of license or permit.
(1) 
Every license issued pursuant to this section will terminate at the expiration of one year from the date of issuance unless sooner revoked and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the City Clerk. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the City Clerk. A copy of the application for renewal shall be distributed promptly by the City Clerk to the City Police Department and to the operator. The application for renewal shall be upon a form provided by the City Clerk and shall contain such information and data given under oath or affirmation as is required for an application for a new license.
(2) 
A license renewal fee as provided in § 152-2 of this chapter shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty as provided in § 152-2 shall be paid by an applicant who files for a renewal less than 60 days before the license expires. If the application is denied, 1/2 of the total fees collected shall be returned.
(3) 
If the City Police Department is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the City Clerk.
H. 
Revocation of license.
(1) 
The Council shall refuse to issue or revoke a license or permit for any of the following reasons:
(a) 
Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
(b) 
The operator or any employee of the operator violates any provision of this section or any rule or regulation adopted by the Council pursuant to this section; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Council shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.
(c) 
The operator becomes ineligible to obtain a license or permit.
(d) 
Any cost or fee required to be paid by this section is not paid.
(e) 
Any intoxicating liquor or fermented malt beverage is served or consumed on the premises of the adult-oriented establishment.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The Council before revoking or suspending any license or permit shall give the operator at least 10 days' written notice of the charges against him and the opportunity for a public hearing before the Council as hereinafter provided.
(3) 
The transfer of a license or any interest in a license or the transfer of controlling interest in a partnership or corporation shall automatically and immediately revoke the license.
(4) 
Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. If an operator's license is revoked, such revocation shall apply to all of the operator's locations. No location or premises for which a license has been issued shall be used as an adult-oriented establishment for six months from the date of revocation of the license.
I. 
Physical layout of adult-oriented establishment. Any adult-oriented establishment having available for customers, patrons or members any booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements:
(1) 
Access. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult-oriented establishment and shall be unobstructed by any door, lock or other control-type devices.
(2) 
Construction. Every booth, room or cubicle shall meet the following construction requirements:
(a) 
Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any nonpublic areas by a wall.
(b) 
Have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same.
(c) 
All walls shall be solid and without any openings, extended from the floor to a height of not less than six feet and be light colored, nonabsorbent, smooth textured and easily cleanable.
(d) 
The floor must be light colored, nonabsorbent, smooth textured and easily cleanable.
(e) 
The lighting level of each booth, room or cubicle, when not in use, shall be a minimum of 10 footcandles at all times as measured from the floor.
(3) 
Occupants. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of same shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.
J. 
Responsibilities of the operator.
(1) 
Every act or omission by an employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(2) 
Any act or omission of any employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.
(3) 
No employee of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or to allow any minor to view adult entertainment as defined herein.
(4) 
The operator shall maintain the premises in a clean and sanitary manner at all times.
(5) 
The operator shall maintain at least 10 footcandles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles; provided, however, at no time shall there be less than one footcandle of illumination in such aisles as measured from the floor.
(6) 
The operator shall ensure compliance of the establishment and its patrons with the provisions of this section.
K. 
Administrative procedure and review. Chapter 227, Wis. Stats., concerning contested cases, shall govern the administrative procedure and review regarding the granting, denial, renewal, nonrenewal, revocation or suspension of a license.
L. 
Exclusions. All private and public schools as defined in Ch. 115, Wis. Stats., located within the City are exempt from obtaining a license hereunder when instructing pupils in sex education as part of their curriculum.
M. 
Penalties and prosecution.
(1) 
Any person who is found to have violated this section shall be fined a definite sum not exceeding $1,000 and the operator's license shall be subject to revocation.
(2) 
Each violation of this section shall be considered a separate offense and any violation continuing more than one day shall be considered a separate offense.
N. 
Enforcement. The City Police Department or any of its inspectors shall have the authority to enter any adult-oriented establishment at all reasonable times to inspect the premises and enforce this section.

§ 152-18 Massage establishments.

A. 
Purpose. This section is intended to regulate massage therapists and massage therapy businesses in a manner which ensures that only approved procedures of body massage are performed.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BODYWORKER
Any person who engages in massage therapy or bodywork.
LICENSEE
The owner or operator of a massage business.
MASSAGE
Holding, positioning, rocking, kneading, compressing, decompressing, gliding or percussing the soft tissue of the human body and applying friction to soft tissue.
MASSAGE BUSINESS
Any business having a permanent location where any person, firm, association or corporation engages in the practice of massage as that term is defined herein.
MASSAGE THERAPISTS
Persons who have completed at least 100 classroom hours of instruction in the practice of massage therapy or bodywork or have practiced massage therapy or bodywork for compensation for at least two years during the five-year period immediately preceding the date of application. Evidence of completion of hours of instruction shall be satisfied upon receipt by the City Clerk of a certified copy of the applicant's academic transcript directly from the educational institution.
(1) 
The science and healing art that uses manual actions to palpate and manipulate the soft tissue of the human body and includes determining whether massage therapy or bodywork is appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate.
(2) 
Does not include any of the following:
(a) 
Making a medical diagnosis.
(b) 
Instructing in or prescribing rehabilitative strengthening or conditioning exercises that are within the practice of physical therapy, as defined in § 448.50(4), Wis. Stats.
PERSON
Any individual, partnership, firm, association, joint-stock company, corporation or combination of individuals who have formed a business relationship for the purpose of operating a massage business.
C. 
Exemptions. This section shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions:
(1) 
Medical doctors, doctors of chiropractic medicine, doctors of osteopathy, physical therapists, physicians' assistants or nurses who are duly licensed to practice their respective professions in the State of Wisconsin.
(2) 
Barbers and beauticians who are duly licensed under the laws of this state, except that this exemption shall apply solely to the massage of the neck, face, scalp, hair, hands and feet of their clients.
(3) 
Coaches and trainers employed by accredited high schools, colleges, or amateur, semiprofessional or professional athletic teams and acting within the scope of their employment.
(4) 
Hospitals or licensed nursing homes or persons working within hospitals or licensed nursing homes who administer massage therapy under the direct supervision and control of the hospital or licensed nursing home administration, as the case may be.
D. 
Preemption by state law. This section is not intended to preempt state statutes which license and regulate the services offered by massage therapists or bodyworkers. More specifically, local ordinances found in this section will not apply where registration and licensing has been obtained by massage therapists or bodyworkers pursuant to the provisions of Wisconsin Statute §§ 146.81(1)(hp), 180.1901(1m)(ag) and Chapter 460 of the Wisconsin Statutes.
[Amended 6-27-2006 by Ord. No. 2312]
E. 
License required for massage businesses. It shall be unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises in the City, the operating of a massage business as herein defined, without first having obtained an occupancy permit or any other permit required under the Code and a license for a massage business from the City as provided under this section.
F. 
License and filing fee for massage businesses.
(1) 
Every applicant for a license to maintain, operate, or conduct a massage business shall file an application with the City Clerk. The nonrefundable fee for the initial license shall be adopted by the Common Council and is on file in the office of the City Clerk. The initial fee is for an individual applicant or an applicant corporation with no more than three shareholders or an applicant with no more than three named lessees. An additional fee shall be assessed for each additional shareholder and lessee.
(2) 
Within 10 days from the filing of an application, the City Clerk shall refer copies of such application to the Building, Inspection and Zoning Department and Police Department. The appropriate departments shall, within 30 days of referral by the City Clerk, inspect the premises proposed to be operated as a massage business, investigate the information contained in the application and make written recommendations to the City Clerk concerning compliance with City codes and federal or state law, as may be applicable.
(3) 
Within 14 days of receipt of the recommendation from the aforesaid departments, the City Clerk shall notify the applicant in writing that the application has been granted, denied, or held for further review. The period of such additional review shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon the conclusion of such additional review, the City Clerk shall notify the applicant in writing whether the application is granted or denied.
(4) 
Whenever an application is denied or held for further review, the City Clerk shall advise the applicant of the reasons for such action. An application may be denied by the City Clerk if it is found that:
(a) 
The operation of the massage business, as proposed by the applicant, if permitted, would not comply with the applicable federal, state or local ordinances, rules or regulations, including but not limited to, the building, fire or zoning code of the City; or
(b) 
The applicant and/or any other person who will be directly or indirectly engaged in the management and operation of a massage business has been convicted of:
[1] 
A felony or misdemeanor conviction for bodily harm; or any offense involving sexual misconduct including, but not limited to, prostitution, soliciting for a prostitute, keeping a place of prostitution or other offenses involving moral turpitude, provided that such conviction substantially relates to the licensed activity.
[Amended 6-27-2006 by Ord. No. 2312]
[2] 
A misdemeanor or ordinance violation based upon conduct or involvement in the massage business or similar or related business activity within the City or any other City, village or Town, or had a massage business license denied, revoked or suspended by the City, or any other jurisdiction; or
(c) 
The applicant has made any material misstatement in the application for a license.
(5) 
The City Clerk, at his or her discretion, may issue a massage business license to any person convicted of any of the crimes enumerated in Subsection F(4)(b)[1] and of this section if he or she finds that such conviction occurred at least 10 years prior to the date of application, the applicant has had no subsequent convictions, and the applicant has shown evidence of rehabilitation sufficient to warrant the public trust.
(6) 
The failure or refusal of the applicant to promptly give any information relevant to the investigation of the application, or the applicant's refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, or the applicant's refusal to submit to or cooperate with any inspection required by this section shall constitute an admission by the applicant that the applicant is ineligible for such license and shall be grounds for denial thereof.
G. 
Appeal process. The denial of the City Clerk with regard to the issuance or renewal of any license under this section shall be reviewable by the Common Council upon the written request of the applicant filed with the Clerk within 10 days of such denial. The Common Council shall conduct a hearing to review the material provided the City Clerk, or any other City department or employees or witnesses. The applicant may present any evidence relevant to the denial. The decision of the Common Council shall be provided in writing to the applicant not more than 15 days after conclusion of the hearing.
H. 
Massage business license application.
(1) 
The application for a license to operate a massage business shall state the proposed number of employees, hours of operation, the business, name, address and telephone number of the business, and other relevant matters to the operation of business.
(2) 
In addition to the foregoing, all applicants for a license, including any individual person, any partner of a partnership applicant, or any officer or director of a corporate applicant and any stockholder holding more than 7% of the shares of stock of a corporate applicant, shall furnish, under oath as may be applicable, the following information:
(a) 
Full name and any other names used by the applicant, current residential address, and current telephone number;
(b) 
Written proof that the person making application and all other persons involved, directly or indirectly, in the massage business are at least 18 years of age;
(c) 
Date of birth;
(d) 
Social Security number;
(e) 
Driver's license number;
(f) 
The business, occupation, or employment of the applicant for the three years immediately preceding the date of application;
(g) 
The massage or similar business license history of the applicant; whether such person, in previously operating in this or another village, City or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;
(h) 
All criminal or ordinance violation convictions in any state or federal court, or municipal court, except minor traffic violations;
(i) 
If the applicant is a corporation, or limited liability company, a copy of its articles of incorporation and/or authorization to do business in the State of Wisconsin, issued not less than 30 days prior to the date of application and which by the State of Wisconsin shall be attached to the application;
(j) 
The applicant's tax identification number;
(k) 
The current street and mailing address and current telephone number of the corporation, limited liability company or partnership;
(l) 
Evidence of malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year;
(m) 
The current name, current street and mailing address, and current telephone number of the landlord or property owner of the property from which the massage business will be conducted;
(n) 
A copy of the list of the board of directors of the corporate applicant;
(o) 
Authorization by the applicant that the City, its agents and employees may seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license; and
(p) 
Written declaration by the applicant or its authorized agent, under penalty of perjury, that the information contained in the application is true and correct, said declaration being duly dated, signed and notarized.
(3) 
The application for a license to operate a massage business shall state the current name(s), current street address(es), and current telephone number(s) of the individual(s) who will be the business' massage therapist(s) or who are sublessees of the applicant.
I. 
Massage therapist license. Any person, including an applicant for a massage business license who engages in the practice of massage as herein defined, shall file an application for a massage therapist license with the City Clerk unless said person is exempt from these license requirements as otherwise provided for hereunder. The fee for the initial license shall be adopted by the Common Council and on file in the office of the City Clerk. A sole proprietor with no employees who sublets space from a licensed massage business does not need a separate massage business license. The City Clerk shall have 30 days to investigate the information contained in the application and the background of the applicant. Upon completion of the investigation, the City Clerk shall grant the license, if, in addition to the finding that the applicant will work in any business which has been granted a license under this section, the following requirements have been met:
[Amended 6-27-2006 by Ord. No. 2312]
(1) 
The application contains the following information:
(a) 
Full name and any other name used by the applicant;
(b) 
Current residential street and mailing address;
(c) 
Date of birth;
(d) 
Social Security number;
(e) 
Driver's license number;
(f) 
Previous employment history as a massage therapist during the last five years;
(g) 
A complete statement of all convictions of the applicant for any criminal violation, or violation of a local ordinance within 10 years of the application, except minor traffic violations; and
(h) 
Telephone number.
(2) 
Written evidence that the applicant is at least 18 years of age.
(3) 
Two current photographs of the applicant measuring two inches by two inches.
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection I(4), concerning the taking of fingerprints, was repealed 1-13-2015 by Ord. No. 2536.
(5) 
The educational and/or work experience requirements enumerated in the definition of "massage therapists" in Subsection B of this section.
(6) 
Evidence of malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year or, in the alternative, evidence that the applicant is listed as an insured party under the liability policy of the licensed massage business by whom the applicant will be employed.
(7) 
Attestation that the applicant has not been convicted of an offense which substantially relates to the licensed activity involving the use of force and violence upon the person of another that amounts to a felony, an offense involving sexual misconduct, or an offense involving narcotics, drugs, controlled substances or weapons.
[Amended 6-27-2006 by Ord. No. 2312]
(8) 
Authorization by the applicant that the City, its agents and employees may conduct an investigation into the truth of statements set forth in the application for a license.
(9) 
Written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, said declaration being duly dated, signed and notarized.
J. 
Renewal of license. Application to renew a license to operate a massage therapy business or massage therapist's license shall be filed at least 45 days prior to the date of expiration. Such renewal shall be made annually for the business and for the therapist, and shall be accompanied by the annual license renewal fee, which shall be adopted by the Common Council and on file in the office of the City Clerk.
(1) 
The applicant shall present the following information to the City Clerk's office: a sworn affidavit by the applicant stating that the matters contained in the original application have not changed, or, if they have changed, specifically stating changes which have occurred.
(2) 
The application shall be referred to the departments listed in Subsection F(2) of this section.
(3) 
The granting or denial of applications for renewal shall be handled in accordance with Subsection F, G and I of this section.
K. 
Revocation or suspension of license. Any license issued for a massage business or for a massage therapist may be revoked or suspended by the City of New Berlin after notice and a hearing before the Common Council, for good cause, including but not limited to any case where any of the provisions of this section are violated or where any employee of the licensee, including a massage therapist, engages in any conduct which violates any of the state or local laws or ordinances at the licensee's place of business and the licensee has actual knowledge, constructive knowledge or should have had such knowledge by due diligence.
L. 
Operating requirements.
(1) 
Massage therapists shall refrain from sexual conduct with a patron regardless of whether the patron initiates the action.
(2) 
The licensee or person designated by the licensee of a massage business shall maintain a register of all persons employed at any time as massage therapists. Said register shall be available at the massage business to representatives of the City of New Berlin during regular business hours.
(3) 
No operator of a massage business may employ or allow to operate in his premises any person as a massage therapist or bodyworker unless said employee has obtained and has in effect a massage therapist license issued by the City or who is exempted from said licensing requirements by the terms of this section.
(4) 
No massage business shall be kept open for any purpose between the hours of 10:00 p.m. and 6:00 a.m.
(5) 
The doors to the business and to the individual massage therapy rooms shall not be locked or blocked or obstructed from either side during business hours.
(6) 
As a condition of the license, the licensee must permit City employees, without notice, to inspect the premises at any time during business hours.
(7) 
Every massage therapist performing off-site massage therapy shall carry his or her license with him or her.
M. 
Display and transfer of license. Every licensee shall display a valid license in a conspicuous place within the massage business so that the same may be readily seen by persons entering the premises. No license for the operation of a massage business issued pursuant to the provisions of this section shall be transferable from one person or entity to another person or entity. The sale or transfer via one or more transactions of an interest of 50% or greater from the date of application in a massage therapy business shall cause a license to become null and void. A new application shall be made by any person desiring to operate or maintain a massage therapy business.
N. 
Public nuisance. Any building used as a massage therapy business in violation of this section with the intentional, knowing, reckless or negligent permission of the owner of the business or building where said business is located is hereby declared to be a nuisance, together with all fixtures and other property used in violation of this section.
O. 
Penalty. Any person violating this section, or the conditions of a permit issued hereunder, shall be fined in accordance with the penalty provision of § 152-19. The City also reserves the right to bring any and all injunctive and other relief in the Circuit Court of Waukesha County.

§ 152-19 Violations and penalties.

In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by Chapter 1, General Provisions, § 1-18 of this Code.

§ 152-20 Amusement devices; coin machines and amusement distributors/vendors.

[Added 7-25-2006 by Ord. No. 2315]
A. 
Amusement license. Any nonresidential premises in which amusement devices are offered for use by patrons shall obtain an amusement license for said devices. For purposes of this section, amusement devices shall include but not be limited to: electronic games, pool tables and jukeboxes. The fee for each amusement device shall be established from time to time by the Common Council by resolution. Any premises with 11 or more amusement devices shall provide evidence of a use approval having been given by the City of New Berlin Plan Commission for an arcade before such license shall be issued.
B. 
Coin machine license. No one may operate a coin machine in the City of New Berlin unless they obtain an annual license to permit that activity. The cost of the license shall be established by action of the Common Council by resolution from time to time.
C. 
Amusement distributor/vendor license. No one may distribute, lease and/or sell amusement devices within the City of New Berlin without an annual license to do so. The cost of said license shall be established from time to time by action of the Common Council by resolution.

§ 152-21 Weights and measures permit.

[Added 12-11-2007 by Ord. No. 2369]
A. 
Purpose. This section adopts the State of Wisconsin Weights and Measures Regulations and establishes a Weights and Measures Program wherein any person or entity subject to said regulations must obtain a license in order for the City to comply with and recoup the costs of enforcing said regulations. This section is adopted pursuant to the provisions of Chapter 98, Wis. Stats.
B. 
Application of state codes. Except as otherwise specifically provided in this section, the provisions of Chapter 98, Wis. Stats., Weights and Measures, and Chapters ATCP 90, 91 and 92 of the Wisconsin Administrative Code are hereby adopted and by reference made a part of this section as though fully set forth herein. Any act required to be performed or prohibited by any statute or code incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes and codes incorporated herein are intended to be made a part of this section.
C. 
State contract; appointment of inspectors; compliance required.
(1) 
State contract. In order to assure compliance with the requirements of the State of Wisconsin related to the inspection and certification of weights and measures, the City shall contract with the State of Wisconsin Department of Agriculture, Trade and Consumer Protection, pursuant to § 98.04(2), Wis. Stats., in lieu of the establishment of a department of weights and measures.
(2) 
Appointment of inspectors. The provisions of the contract set forth in Subsection C(1) shall provide for the enforcement of the statutes and regulations set forth herein, and the City hereby grants the authority and duties of sealers and inspectors required by this section to the State of Wisconsin Department of Agriculture, Trade and Consumer Protection.
(3) 
Compliance required. All persons and entities required to be licensed hereunder shall comply with the enforcement of the statutes and regulations set forth herein, shall comply with the orders and inspections of the inspectors appointed herein, and shall comply with the licensing requirements set forth herein.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
WEIGHTS AND MEASURES
Weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories used with any or all such instruments and devices, except meters for the measurement of electricity, gas (natural and manufactured) or water when the same are operated in a public utility system. Weights and measures shall include devices used or employed in establishing the size, quantity, extent, area or measurement of quantities, things, produce or articles for sale, hire or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure and shall include, but not be limited to, commodities, liquid measuring devices, scales, weighing, measuring and price verification systems, timing devices and linear measuring devices.
WEIGHTS AND MEASURES PROGRAM
The program that includes administration and enforcement of this section; Chapter 98, Wis. Stats.; applicable Wisconsin Administrative Code provisions; and any related actions.
E. 
Weights and measures license required.
(1) 
License requirements. Except as provided in Subsection E(2), no person or entity shall use, operate or maintain any commercial weights and measures as defined in this section unless the person or entity is licensed by a weights and measures license issued pursuant to the provisions of this section.
(2) 
Exemptions. Sales by a person registered as a direct seller or by a holder of a farmer's market, vendor vehicle or special event permit are exempt from licensing under this section, but if any person exempted herein is required by the state to hold a state certificate of examination by the Sealer of Weights and Measures, a copy of said certificate shall be provided to the City with his or her application for direct seller registration or a farmer's market, vendor vehicle or special events permit.
F. 
Application for license. An application for a weights and measures license shall be made in writing on a form provided by the City Clerk and shall be signed by the owner of the commercial business or by its authorized agent. Such application shall state the type of the business, the type and number of weighing, measuring and scanning devices used by the business, the location of the devices, the number of check-out lanes present on the premises, the applicant's full name, post office address and telephone, and whether such applicant is an individual, partnership, limited liability company, corporation or other entity. If the applicant is a partnership, the application shall state the names and addresses of each partner. If the applicant is a corporation or limited liability company, the application shall state the names and addresses of all members, officers and agents of the applicant, including the registered agent thereof.
G. 
Issuance of licenses and fees. Upon compliance with this section, the City Clerk shall issue a license to the applicant upon payment of the annual license fee set by the Common Council. Each store or other business shall require a separate license.
H. 
License term.
(1) 
A license issued under this section shall expire on June 30 of each year. Except as provided in Subsection H(2), the license fee shall not be prorated for a partial year.
(2) 
The initial license issued to businesses existing on the effective date of this section shall be for six months, effective on January 1, 2008, and expiring on June 30, 2008, and the license fee shall be prorated.
I. 
Enforcement for nonrenewal. It shall be the duty of the City Clerk to notify appropriate City officials and to order the immediate enforcement of the provisions of this section in cases involving a failure to renew a weights and measures license. A licensee shall be prohibited from engaging in any business involved in weights and measures until such time as a valid license has been obtained under the provisions of this section.
J. 
Fees assessment.
(1) 
Annual assessment. The Common Council shall annually assess fees to each licensee based on the number and type of weights and measures devices it operates as of the date of licensure or the date of renewal. The total of the fees assessed and collected under this subsection shall not exceed the actual costs of the weights and measures contract between the City and the state.
(2) 
Clerk to prepare assessment schedule. The City Clerk shall at least annually prepare a proposed schedule of assessments which shall be based upon the state contract charges and the number of weights and measures devices being operated, which schedule shall be submitted to the Common Council. A copy of the proposed schedule, together with notice of the date and time at which the Common Council will consider the assessments, shall be mailed to each licensee.
(3) 
Common Council to determine assessment. Not less than 10 days after the mailing set forth in Subsection J(2), the Common Council shall consider the Clerk's proposed schedule of assessments and determine the schedule of assessments on a reasonable basis. The City Clerk shall mail to each licensee an invoice for the amount of the fee assessment to the licensee as determined by the Common Council, and each licensee shall pay the fee assessed within 30 days after the date the notice is mailed.
(4) 
Failure to pay assessment. If the assessed fee is not paid within 30 days of the date of the mailing of the invoice, an additional administrative collection charge of 10% of the total assessment shall be added to the amount due, plus interest shall accrue on the assessment at the rate of 1.5% per month or fraction thereof until paid. To the extent permitted by law, if the licensee is the owner of the real estate where the licensed business is located, any delinquent assessment shall be extended upon the current or the next tax bill as a special charge against the real estate premises for current services. No license shall be issued or renewed under this section if the licensee is delinquent in the payment of a fee assessed under this section.
(5) 
Mailing of notices. Schedules, notices and invoices shall be considered mailed to a licensee when mailed by first class mail, postage prepaid, to the licensee at the licensee's address as shown on the application form.
(6) 
Change of ownership. If the ownership of a commercial business licensed under this section is transferred during a license year, the owner of the business as of July 1 of the license year shall be liable and responsible for the payment of the fees assessed under this section.
K. 
Violations. In addition to any other remedy, any person who fails to comply with the provisions of this section shall, upon conviction thereof, be subject to the penalties as set forth in § 1-18 of this Code. Each day a violation exists or continues shall constitute a separate offense.

§ 152-22 Secondhand article dealers.

[Added 1-8-2013 by Ord. No. 2498]
A. 
State statutes adopted; exceptions.
(1) 
State statutes adopted. The provisions of § 134.71, Wis Stats., relating to secondhand dealers, are hereby adopted and made a part of this section by reference, with the exceptions set forth in Subsection A(2) and (3). Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this section in order to secure uniform regulation. A violation of such provision shall be a violation of this section.
(2) 
As part of the license application procedure required under § 134.71, Wis Stats., anyone making application shall also furnish to the City the name, age, race, date of birth and address of all employees.
(3) 
Each license for a secondhand article dealer shall be valid from January 1 to the following December 31.
B. 
Definitions.
(1) 
When used in this section, the following definitions shall apply:
ARTICLE
Any of the following objects:
(a) 
Jewelry.
(b) 
Firearms, knives, and ammunition.
(c) 
Paper money and coins.
(d) 
Musical instruments.
(e) 
Silverware and flatware.
(f) 
Gold and silver bullion; platinum and palladium.
(g) 
Computers and electronic equipment.
BILLABLE TRANSACTION
Every reportable transaction conducted by a person or entity who purchases secondhand articles for resale.
CHARITABLE ORGANIZATION
Has the meaning specified in § 134.71(1)(am) of the Wisconsin Statutes.
CUSTOMER
A person with whom a transaction is conducted by a secondhand article dealer for the purchase, sale, consignment, receipt or exchange of any secondhand article.
GOLD AND SILVER BULLION
Gold or silver in the form of bars, ingots, or plates.
NORTHEASTERN WISCONSIN PROPERTY REPORTING SYSTEM (NEWPRS)
The Northeast Wisconsin Property Reporting System (NEWPRS) is a secure Web-based database to electronically manage and store purchases of secondhand articles.
REPORTABLE TRANSACTION
Every transaction conducted by a secondhand article dealer in which an article or articles are received by a secondhand article dealer through purchase, consignment, or trade, or in which a previous agreement is renewed, extended, voided, or redeemed, or for which a unique transaction number or identifier is generated by their point-of-sale software, or an item is confiscated by law enforcement, except: the bulk purchase or consignment of new or used articles from a merchant, manufacturer, or wholesaler having an established permanent place of business, and the subsequent retail sale of said articles, provided that the secondhand article dealer must maintain a record of such purchase or consignment that describes each item, and must mark each item in a manner that relates it to that transaction.
SECONDHAND
Property owned by any person except a wholesaler, retailer, or licensed secondhand article dealer immediately before the transaction at hand.
SECONDHAND ARTICLE DEALER
A person or entity who purchases or receives on consignment any secondhand article for the purpose of resale.
(2) 
A person is not acting as a secondhand article dealer when engaging in any of the following:
(a) 
Any transaction at an occasional garage or yard sale, or an estate sale.
(b) 
Any transaction entered into by a person engaged in the business of junk collector, dealer, or scrap processor, as described in § 70.995(2), Wis Stats.
(c) 
Any transaction while operating as a charitable organization or conducting a sale, the proceeds of which are donated by a charitable organization.
(d) 
Any transaction between a buyer of a new article and the person who sold the article when new that involves any of the following:
[1] 
The return of the article.
[2] 
The exchange of the article for a different, new article.
(e) 
Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization, or as a seller of a secondhand article that the person bought from a charitable organization if the secondhand article was a gift to the charitable organization.
(f) 
Any transaction as a seller of a secondhand article made or conducted by a public officer, receiver, trustee, personal representative or a private auctioneer or estate seller pursuant to a judicial sale or a court-ordered or authorized liquidation sale, or of a secondhand article that the person bought from public officer, receiver, trustee, personal representative or a private auctioneer or estate seller pursuant to a judicial sale or a court ordered or authorized liquidation sale.
C. 
License required.
(1) 
A person wishing to operate as secondhand article dealer shall apply for a license to the City Clerk. The license will be filled out properly and in compliance with the Wisconsin license application. The license fee shall be $50 per year. The Clerk shall furnish application forms approved by the Police Department that shall require all of the following:
(a) 
The applicant's name, place of birth, date of birth, and residence address.
(b) 
The name and address of the business and the owner of the business premise.
(c) 
Whether the applicant is a natural person, corporation, limited liability company, or partnership, and:
[1] 
If the applicant is a corporation, the state where incorporated and the names and addresses of all officers and directors.
[2] 
If the applicant is a partnership, the names and addresses of all members and partners.
[3] 
If the applicant is a limited liability company, the names and addresses of all members.
[4] 
The name, place and date of birth, residence address, and driver's license number of the manager or proprietor of the business.
[5] 
The name, address and date of birth of all employees of the business.
[6] 
Any other information that the Clerk may reasonably require.
(d) 
A statement as to whether the applicant, including an individual, agent, officer, director, member, partner, manager, or proprietor, has been convicted of any crime, statutory violation punishable by forfeiture, or county or municipal ordinance violation. If so, the applicant must furnish information as to the time, place and nature of the offense of all such violations.
(e) 
Whether the applicant or any other person listed in § 152-22 has ever used or been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places used.
(f) 
Whether the applicant or any other person listed in § 152-22 has previously been denied or had revoked or suspended a pawnbroker, secondhand article dealer or secondhand jewelry dealer license from any other governmental unit. If so, the applicant must furnish information as to the date, location, and reason for the action.
(2) 
Investigation of license applicant. The Police Department shall investigate each applicant and any other person identified pursuant to § 152-22C. The Police Department shall furnish its recommendation derived from the investigation to the City Clerk. The investigation shall include each agent, officer, member, partner, manager, proprietor or employee. The City shall receive from the applicant an appropriate fee as shall have been established by the Common Council from time to time, to defray such investigative costs.
(3) 
License issuance. The City may grant the license if all of the following apply:
(a) 
The applicant, including an individual, a partner, a member of a limited liability company, a manager, a proprietor, or an officer, director, or agent of any corporation applicant, does not have an arrest or conviction record, subject to §§ 111.321, 111.322 and 111.335 of the Wisconsin Statutes or has not been involved in any crimes, misdemeanors or offenses involving dishonesty or otherwise reasonably related to the sale of property within 10 years.
(b) 
Violation of the City ordinance will result in revocation of the license and/or the denial of any future licenses.
(c) 
No license issued under this subsection may be transferred and is specific to the location for which the license has been issued.
(d) 
Each license is valid for one year.
(4) 
Display of license. Each license issued under this section shall be displayed in a conspicuous place visible to anyone entering a licensed premises.
(5) 
License fee. The annual license fees for licenses issued under this section shall be established by the Common Council from time to time, and shall be received by the City prior to issuance of the license. The license fee shall be $50 per year at this time.
(6) 
License denial, suspension, or revocation. The City may deny, suspend, or revoke any license issued by it under this section for fraud, misrepresentation or false statement contained in the application for a license, or for any violation of this section or Wisconsin Statutes §§ 134.71, 943.34, 948.62 or 948.63 or for any other violation of local, state or federal law substantially related to businesses licensed under this section.
(7) 
Place of business. A license under this section authorizes the licensee to carry on its business only at the permanent place of business and one or more off-site locked and secured storage facility each of which shall be designated in the license. The licensee shall permit inspection of either facility in accordance with this section. All provisions of this section regarding recordkeeping and reporting apply to any facility and their contents.
D. 
Records required.
(1) 
At the time of any reportable transaction other than renewals, extensions, redemptions or confiscations, every licensee must record in English the following information by using, as provided in 152-22D(3), a computerized record approved by the Police Department:
(a) 
A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item.
(b) 
The purchase price paid for the item.
(c) 
Date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records.
(d) 
Full name, current residence address, current telephone number, date of birth and accurate description of the person from whom the item of the property was received, including sex, height, weight, race, color of eyes and color of hair.
(e) 
The identification number and state of issue from any of the following forms of identification of the seller:
[1] 
Current valid driver's license.
[2] 
Current valid passport.
[3] 
Any other valid photo identification card issued by a United States government agency.
(f) 
The signature of the person identified in the transaction.
(g) 
The licensee must take a color photograph of:
[1] 
Every item a secondhand article dealer or secondhand jewelry dealer has purchased. All unique serial or identification number permanently engraved or affixed on an item shall also be photographed.
[2] 
All photographs must be available to the Chief of Police, or the Chief's designee, upon request. Items photographed must be accurately depicted.
[3] 
The licensee must keep the photographs for 90 days or until retrieved by the Police Department.
(h) 
Digitalized photographs. The licensee must fulfill the color photograph requirements by submitting them as digital images, in a format specified by the issuing authority, electronically cross-referenced to the reportable transaction they are associated with.
(2) 
Inspection of records. Records must at all reasonable times be open to inspection by the Police Department. Data entries shall be retained for at least three years from the date of transaction. Entries of required digital images shall be retained a minimum of 90 days.
(3) 
Reports to police. The Police Department will provide licensees with a user name and password for the current version of NEWPRS. Licensees must submit every reportable transaction to the NEWPRS system daily. All records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority.
(a) 
If a licensee is unable to successfully transfer the required reports via the Internet for the day, the licensee must provide the Police Department, upon request, printed copies of all reportable transactions along with the video recordings for that date by noon the next business day.
(b) 
If the problem is determined to be outside the licensee's system, the licensee must continue to provide the required reports, and resubmit all such transactions via the Internet when the error is corrected.
(c) 
Regardless of the cause or origin of the technical problems that prevent the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed.
(4) 
Receipt required. Every licensee must tender a receipt to the party identified in every reportable transaction and must maintain a duplicate of the receipt of three years. The receipt must include at least the following information:
(a) 
The name, address and telephone number of the licensed business.
(b) 
The date and time the item was received by the licensee.
(c) 
Whether the item was consigned or sold.
(d) 
An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identification number, serial number, model number, brand name, or other identifying mark on such an item.
(e) 
The signature or unique identifier of the licensee or employee that conducted the transaction.
(f) 
The amount paid.
(g) 
The full name, current residence address, current residence telephone number; and date of birth of the consignor or seller.
(h) 
The identification number and state of issue from any of the following forms of identification of the seller:
[1] 
Current valid driver's license.
[2] 
Current valid passport.
[3] 
Current valid photo identification card issued by a United States governmental agency.
(i) 
Description of the consignor or seller including sex, approximate height, weight, race, color of eyes, and color of hair.
(j) 
The signature of the consignor or seller.
(k) 
A representative of the Police Department will pick up the previous month's original transaction reports from the businesses. If a representative from the Police Department is unable to pick up the transaction reports, a representative from the business may drop off the transaction reports at the City of New Berlin Police Department.
E. 
Holding period.
(1) 
Any item purchased or received by a secondhand article dealer shall be kept on the premises or other place of safe keeping for not less than 15 days after the date of purchase or receipt.
(2) 
During the period set forth in Subsection E(1) above, the article shall be held separate from saleable inventory and may not be altered in any matter. The secondhand article dealer shall permit any law enforcement officer to inspect the article during this period.
(3) 
Within 24 hours after a request from a law enforcement officer, the secondhand article dealer shall make the item available for inspection any article which is kept off the premises for safekeeping.
(4) 
Items such as gold and silver bullion that are bought by the licensee shall be held on the premises for 48 hours after the date of purchase or receipt before the licensee can melt the items or transfer to any other person or entity for the purpose of melting down. The secondhand dealer is required to take detailed photographs and make a detail description of the bullion prior to being sold or melted down.
(5) 
Police order to hold property.
(a) 
Investigative hold. Whenever a law enforcement official from any law enforcement agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises until notified by the investigating agency to do so. The order to hold shall expire 90 days from the date it is placed unless the law enforcement official determines the hold is still necessary and notifies the licensee in writing.
(b) 
Order to hold.
[1] 
Whenever the Chief of Police, or the Chief's designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorization to be released by the Chief or the Chief's designee. The order to hold shall expire 90 days from the date it is placed unless the Chief of Police or the Chief's designee determines the hold is still necessary and notifies the licensee in writing.
[2] 
If an item is identified as stolen or evidence in a criminal case, the Chief or the Chief's designee may take physical custody of the item and remove it from the shop, pursuant to a written order from the Chief or the Chief's designee, or place the item on hold or extend the hold as provided in § 152-22E(5)(b), and leave it in the shop.
[3] 
When an item is taken into physical custody by a law enforcement official, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and phone number of the agency and investigator, and the case number if any, related to the matter under investigation or prosecution.
[4] 
When an order to hold is no longer necessary, the Chief of Police or Chief's designee shall so notify the licensee, and the licensee may reclaim the item, and may thereafter dispose of the item in accordance with the terms of this section.
F. 
Inspection of items. At all reasonable times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located, including all off-site storage facilities, during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, wares and merchandise and records therein to verify compliance with this section or other applicable laws.
G. 
Prohibited acts.
(1) 
No person under the age of 18 years may sell or attempt to sell goods with any secondhand article dealer, nor may any secondhand article dealer purchase any goods from a person under the age of 18 years.
(2) 
A secondhand article dealer may engage in a transaction with a minor if the minor is accompanied by his or her parent or guardian at the time of the transaction and the parent or guardian signs the transaction form and provides identification as required by this section.
(3) 
No licensee may receive any goods from an intoxicated person.
(4) 
No licensee may receive any goods, unless the seller presents identification in the form of a valid driver's license, a valid State of Wisconsin identification card or current valid photo driver's license, a valid passport, or identification card issued by the state or province of residency of the person from whom the item was received.
(5) 
No person may sell, consign, leave or deposit any article of property not their own; nor shall any person sell, consign, leave, or deposit the property of another, whether with permission or without; nor shall any person sell, consign, leave, or deposit any article of property in which another has a security interest with any licensee.
(6) 
No person seeking to sell, consign, leave, or deposit any article of property with any licensee shall give a false or fictitious name; nor give a false date of birth; nor give a false or out-of-date address of residence or telephone number; nor present a false or altered identification, or the identification of another, to any licensee.