City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 12.07, 12.08, 12.085, 12.13 and 12.30 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Intoxicating liquor and fermented malt beverages — See Ch. 187.
Parks and public areas — See Ch. 234.
Peace and good order — See Ch. 238.

§ 100-1 Public amusements and shows.

A. 
License required. No person shall conduct, exhibit, operate or maintain within the City any circus, caravan, carnival, play, game, contest, theatrical performance, theater, concert, carousel, athletic event, shooting gallery of any kind or any other public amusement or show or any other exhibition to which admission may be had by the payment of a fee or by the purchase, possession or presentation of a ticket or token obtained for money or other valuable consideration, or in which a charge is made indirectly for admittance, unless a license therefor shall be obtained as hereinafter provided and prescribed.
[Amended 11-18-2003 by Ord. No. 1740(20)]
B. 
Exemptions. This section shall not be deemed to require a license for permanent theater establishments and shall not apply to events conducted under the sole control and supervision of educational, veterans', charitable or local amateur little theater organizations, community or service organizations or religious organizations where the entire proceeds of such show or amusement shall be devoted to the purposes of said organization.
[Amended 11-18-2003 by Ord. No. 1740(20)]
C. 
Application. Written application shall be filed with the City Clerk setting forth, in addition to such other information as the Common Council may require, the following information:
[Amended 11-18-2003 by Ord. No. 1740(20)]
(1) 
Name, age, residence or permanent address of the applicant or of the principal officers of any firm, partnership, corporation, organization or association which the applicant represents and of the person whom the applicant shall designate as manager.
(2) 
Places of employment for two years previous.
(3) 
Place or places where amusement, show or exhibition is to be located or conducted, total area to be used and the name and residence of the owner thereof.
(4) 
Specific nature of amusement, show or exhibition for which license is sought.
(5) 
A copy of the applicant's current Wisconsin Seller's Permit.
D. 
Inspection. The City Clerk shall refer any application filed under this section to the Chief of Police, Chief of the Fire Department, Building Inspector and Health Officer, and these officials shall inspect or cause to be inspected each application and the premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances, and laws applicable thereto and the premises is a proper place for the purpose for which it is to be used.
E. 
Restrictions on granting licenses.
(1) 
No license shall be issued under this section unless and until it shall be found that all of the persons named in the application are of good moral character and that the proposed location complies with and conforms to all ordinances and health and fire regulations applicable thereto and is a safe and proper place for the purpose for which it shall be used, and the license shall be delivered upon payment of the required license fee.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(2) 
A license shall be refused to any applicant or applicants who shall have had a license issued under this section revoked within two years of the date of application. A license shall be refused to any person who has, within five years of the date of application, been convicted of a felony, subject to Subchapter II of Ch. 111, Wis. Stats. No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can show that the reason for such objection no longer exists.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(3) 
No license shall be granted to a person under 21 years of age, no license shall be issued for any public amusement place within a residential district, and no license shall be renewed without reinspection of the premises.
F. 
Fees. The fee for license issued under this section shall be as set by the Common Council[1] for any circus or caravan and for any show, event or amusement not regularly conducted within the City at least 60 days in each year.
[1]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
G. 
Suspension and revocation. The Mayor or Chief of Police may at any time suspend for not more than 10 days any license granted under the provisions of this section for disorderly or immoral conduct on the premises or may at any time revoke any license for the violation by the licensee, his agents or employees of any of the rules, regulations, ordinances or laws of the City or state governing or applying to public peace, safety, morals or general welfare. Notice of such suspension or revocation and the reasons therefor, in writing, shall be served personally upon the person named in the application or by mailing the same to the latest address given in the application. Such a suspension or revocation may be appealed to the Common Council if notice thereof is given to the City Clerk within 10 days of such suspension or revocation. No refund of any unearned portion of the license fee shall be made in any case.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 100-2 Public dances and dance halls.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PUBLIC DANCE
Includes any dance or ball to which admission may be had by payment of a fee or by purchase, possession or presentation of a ticket or token obtained for money or other valuable consideration or in which a charge is made for caring of clothing or other property, or any other dance, or any party where dancing is held before or after a program of some other nature than dancing to which any of the public generally may gain admission with or without payment of a fee.
PUBLIC DANCE HALL
Includes any room, enclosure, place or space at which a public dance or public ball may be held or any academy, hall or studio in which classes in dancing are conducted or instructions in dancing are given for hire.
B. 
Public dance hall license.
(1) 
Required. No person shall use any premises for purposes of conducting any public dance, public ball or classes in dancing within the City unless a license shall have been first obtained for such premises as hereinafter prescribed.
(2) 
Application. Written application for a public dance hall license shall be filed with the City Clerk setting forth the following information:
(a) 
Name, age, and residence or permanent address of the applicant or of the principal officers of the firm, partnership, corporation or association which the applicant represents and of the person to be designated as manager by such applicant.
(b) 
Legal and physical description of the premises sought to be licensed and the name and permanent residence of the owner thereof.
(c) 
Statement as to violation or conviction of violation of any rule, regulation, ordinance or law relating to the subject matter of the application.
(d) 
A copy of the applicant's current Wisconsin Seller's Permit.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Inspection of premises. Section 100-1D shall govern.
(4) 
Granting of license. Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon the approval of the application and the granting of the license by the Common Council, the City Clerk shall, upon payment of the license fee herein provided, issue to the applicant a public dance hall license.
(5) 
Fee; expiration. The annual license fee in amount as set by the Common Council[2] shall be charged for the whole or fractional part of any year, and each license granted hereunder shall expire on June 30 thereafter.
[2]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
C. 
Dance permit.
(1) 
Required. No person shall hold or conduct a public dance within the City without first obtaining a permit therefor.
(2) 
Application. Written application for a public dance permit accompanied by the permit fee herein provided shall be made to and filed with the City Clerk at least one week prior to the holding of such public dance setting forth the name of the applicant, the date, the premises where the public dance is to be held and the owner thereof, and such other information pertaining to the subject of the application as the Common Council may require. If required by the state, a copy of the applicant's current Wisconsin Seller's Permit shall be provided.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Granting of permit. The City Clerk shall issue a written permit to the applicant upon satisfaction that the premises where such dance is to be conducted conforms to the provisions of this section. Upon issuing such permit and approval by the Mayor, the City Clerk shall forthwith notify the Chief of Police of the time and place of said public dance.
(4) 
Fee. A permit fee in amount as set by the Common Council shall be charged for each dance event.[4]
[4]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
(5) 
Exclusion. Nothing herein shall be construed as requiring the holder of a dance hall license to secure a public dance permit where the dance is conducted in the hall under the direct personal supervision of such dance hall licensee.
D. 
Exemption. "Public dance hall" and "public dance" shall not apply to a dance conducted in a church, fraternal society, veterans' organization, or parochial or public school hall under the auspices of the proper church authorities, a parent-teacher or kindred association in conformity with law or a recognized fraternal society or veterans' organization when conducted in conformity with the rules of such association, organization or society.
E. 
Rules and regulations. The following rules and regulations shall govern the conduct, management and operation of all public dances within the City, whether or not such permit is required for such dance:
(1) 
Attendance of minors. No person 16 years of age or younger shall be permitted to attend a public dance unless accompanied by a parent, lawful guardian or adult spouse.
(2) 
Health condition of premises. The premises where any public dance is conducted shall be kept well and safely lighted and ventilated and in a safe, sanitary condition at all times. The floor space provided for any dance event shall be not less than 200 square feet, and all stairways, outer passages and connecting rooms shall be kept open and well lighted.
(3) 
Closing hours. All public dances shall be discontinued on or before 1:00 a.m. and all public dance halls shall be closed on or before 1:30 a.m. and shall remain closed until 9:00 a.m.
(4) 
Supervision. When the Police Chief shall determine that supervision is required, no person required to have a license or permit shall conduct a dance unless in the presence and under the supervision of a City dance supervisor, except that where the dance is conducted in a licensed hall under the direct personal supervision of the dance hall licensee and is sponsored by such licensee with no charge or donation received for admission, then no supervisor shall be required.
[Amended 11-18-2003 by Ord. No. 1740(20)]
F. 
Dance supervisors.
(1) 
Designation. Each member of the Police Department is a City dance supervisor.
(2) 
Duties. The dance supervisor shall be present at all dances to which he is assigned and enforce all laws of the state and ordinances, rules and regulations of the City. A dance supervisor shall cause the dance to be discontinued and the premises where such dance is being conducted to be vacated whenever any rule, regulation, law or ordinance is not complied with or is being violated or whenever any disorderly conduct shall take place therein.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(3) 
Compensation.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(a) 
The dance supervisor shall receive the hourly rate of pay at time and one-half as compensation for services for each public dance at which he shall act as supervisor, provided no compensation shall be paid to any supervisor for any dance unless he shall file a written report as required. Such compensation shall be paid by the licensee of any public dance hall or holder of a public dance permit in addition to the license fee or permit fee hereinbefore required, and all fees collected hereunder shall be paid to the City Treasurer and the compensation of supervisors paid by the City Treasurer as other monies are paid.
(b) 
When the dance or gathering of persons is such as weddings, benefits or other private purposes and a dance supervisor is requested at such function, the manner of compensation will be as prescribed in Subsection F(3)(a).
G. 
Revocation. The license for any public dance hall shall be forfeited or revoked by the Council if disorderly or immoral conduct is allowed in such public dance hall or on the premises or for the violation of any of the provisions of this section. If at any time the license of a public dance hall shall be forfeited or revoked, at least six months shall elapse before another license shall be granted or a public dance permit shall be given to the same premises, licensee or permittee.

§ 100-3 (Reserved) [1]

[1]
Editor's Note: Former § 100-3, Block parties, as amended, was repealed 7-7-2009 by Ord. No. 1883(4).

§ 100-4 Music devices.

A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
MUSIC MACHINE or MUSIC DEVICE
Includes any mechanical device, operated by the insertion of currency, coin, slug, token, bar-coded voucher or similar means, dispensing music and used for that purpose in the City.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
License required. No person shall operate a music machine or permit the same to be operated in any restaurant, tavern, store or other public place under the control of such person without a license first being obtained for such machine.
C. 
Application. Application for a license to own or operate a music machine in the City shall be made to the City Clerk upon a form furnished by him for that purpose. The application form shall contain a statement of the applicant's name and residence, the type of music device for which the license is desired, together with the full description of such device, definitely identifying it by number and other marks, the location of the machine, the name of the owner, and other material facts and a statement as to whether or not the applicant is a citizen of the United States. A copy of the applicant's current Wisconsin Seller's Permit shall be provided.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Expiration of licenses. The license granted hereunder shall expire on June 30.
E. 
Issuance and fee. The fee to be paid for each license granted hereunder shall be as set by the Common Council.[3] The license shall be issued by the City Clerk upon the presentation to him of a duly prepared application showing that the applicant is entitled to a license under this section and upon the presentation of the license fee. The City Clerk shall deliver to each licensee hereunder, as evidence of his license, a small card or tag containing the words "Music Device License Issued by City of Burlington," together with the number of the license and the date of the expiration of the same. Such license card or tag shall be placed in a conspicuous place on or near the machine for which the license is issued. The license may be transferred from one mechanical device to another to be placed in the same location.
[3]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
F. 
Hours of operation. No music device for which a license has been issued shall be operated in the City from 1:00 a.m. to 8:00 a.m., and a violation of this subsection may constitute grounds for revocation of the license.

§ 100-5 Special events.

[Added 1-8-1994 by Ord. No. 1460(29)]
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
SPECIAL EVENT
Any planned extraordinary occurrence on the public right-of-way or public premises, including but not limited to parades, processions, bicycle or foot races, and festivals.
B. 
Application. No person may hold a special event on the public right-of-way or public premises without obtaining a special event permit. Application forms and general information shall be available from the City Clerk's office. The applicant must contact the Police Department and the Department of Public Works to review and approve an event and to determine related costs prior to submitting a special event application to the City Clerk's office for Council approval as described in Subsection B(2). If required by the state, a copy of the applicant's current Wisconsin Seller's Permit shall be provided.[1]
(1) 
Mapped routes. All permit applications for special events featuring foot or bicycle races, runs, rides or parades shall include a detailed map of the proposed route for approval by the Police Department and the Department of Public Works. Routes for annual special events must be submitted with the application regardless of the historical precedent. Proposed routes may be altered at the discretion of the Police Department and the Department of Public Works. In the event the organizers or sponsors of any special event deviate from the route submitted without the approval of the City, the organizers or sponsors of such special event shall be denied a permit for any special event for the following calendar year.
(2) 
Approval by Council members. After approval by the Police Department and the Department of Public Works, applications for special event permits shall be submitted to the Common Council for approval.
(3) 
Exemption. A permit fee is not required for:
(a) 
Special events not requiring the services of the Police Department or the Department of Public Works.
(b) 
Special events sponsored by the City or otherwise exempted by the Common Council.
(c) 
Special events sponsored by veterans organizations.
(d) 
Public and parochial elementary and secondary school civic-oriented events.
(e) 
Demonstrations as public displays of sentiment for or against a person or cause.
(4) 
Fees. After the application has been approved by the Police Department, the Department of Public Works and the Common Council, the applicant for a special event permit shall pay a fee based on a rate as set by the Common Council per man-hour for City services as determined in the application review and approval process.[2] No special event permit requiring a fee is valid until the fee has been paid. The Public Works Director may establish fees for provision of additional City services not set forth herein.
[2]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
(5) 
Refunds. Permit fee payments may be refunded if notification of cancellation of a permitted special event is received by the City Clerk at least 10 working days prior to the special event.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Permit regulations.
(1) 
City not liable. The special event permit application shall contain a statement that: "The applicant agrees to indemnify and save harmless the City from and against all liabilities, claims, demands, judgments, losses, and all suits at law or in equity, costs and expenses, including reasonable attorney fees, for injury or death of any person or loss or damage to the property of any person, firm, organization or corporation, including both parties hereto and their employees, arising from the holding of such special event." No permit may be issued unless the applicant has agreed to the terms of this statement on the written application.
(2) 
Insurance.
(a) 
Each applicant for an event requiring City services shall furnish with the application fee submitted to the City Clerk a certificate of insurance showing insurance written by a company licensed in the State of Wisconsin, approved by the City and covering any and all liability or obligations which may result from the operations by the applicant's employees, agents, contractors or subcontractors, and including workers' compensation coverage in accordance with Ch. 102, Wis. Stats. The certificate shall provide that the company will furnish the City with a ten-day written notice of cancellation, nonrenewal or material change. The insurance shall be written in comprehensive form and shall protect the applicant and City against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the applicant, its employees, agents, contractors or subcontractors.
(b) 
The policy of insurance shall provide minimum combined single limits for bodily injury and property damage of $1,000,000 or such other insurance as deemed adequate by the City Attorney.
D. 
Permit restrictions. Scheduling of special events shall be subject to approval by the City.

§ 100-6 Violations and penalties.

In addition to the suspension or revocation of any license or permit issued under this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.