[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.]
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, and Building Inspector, 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.
[Amended 12-7-2021 by Ord. No. 2074(10)]
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.
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]
[1]
Editor’s Note: Former § 100-2, Public dances and
dance halls, as amended, was repealed 3-21-2017 by Ord. No. 2021(17).
[1]
Editor's Note: Former § 100-3, Block parties, as
amended, was repealed 7-7-2009 by Ord. No. 1883(4).
[1]
Editor’s Note: Former § 100-2, Music devices, as
amended, was repealed 4-5-2017 by Ord. No. 2023(19).
[Added 1-8-1994 by Ord. No. 1460(29)]
A.
SPECIAL EVENT
Definition. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
