[HISTORY: Adopted by the Village Board of
the Village of Greendale as Ch. 12 of the Code of Ordinances. Amendments
noted where applicable.]
[Amended by Ord. No. 577; Ord.
No. 624; Ord. No.
675; Ord. No. 735; Ord. No. 739; 1-6-1998 byOrd.
No. 752; 8-4-1998 by Ord. No. 758; 6-1-1999 by Ord. No. 766; 2-1-2000 by Ord. No. 770; 12-18-2001 by Ord. No. 786; 4-4-2006 by Ord. No. 829; 5-20-2008 by Ord. No. 840; 12-16-2008 by Ord. No. 846; 6-1-2010 by Ord. No.
851; 2-2-2016 by Ord. No. 878; 1-15-2019 by Ord. No. 903; 5-19-2020 by Ord. No. 921; 12-5-2022 by Ord. No. 944; 1-17-2023 by Ord. No. 945]
A license shall be required for each of the
following businesses or activities at the indicated license fee, which
shall be for one year unless otherwise indicated. All license classifications
which have an asterisk (*) after the fee shall require a criminal
history check with an additional cost established from time to time
by separate resolution of the Village Board. All licenses noted below
shall have the required fee established from time to time by separate
resolution of the Village Board.[1]
(2)
Kennels.
(3)
Pet shops.
(4)
Grooming establishments.
(7)
(Reserved)
(8)
Taxicab cabs and drivers.
(9)
Laundromats.
(10)
Transient merchants, processing fee.
(11)
Arts and crafts. The permit fee
shall not apply to an organization that meets one of the following
requirements:
1)
An organization specified in § 70.11(12)(a), Wis. Stats.,
that is located within the Village.
2)
An educational, religious, community service, or benevolent institution
that is located within the Village of Greendale and is specifically
dedicated to public services and/or activities within the Village
of Greendale as demonstrated by its articles of incorporation, bylaws,
or other similar organizational documents to satisfy the Village Manager.
3)
This exception shall not apply to the required criminal history check.
(13)
(Reserved)
(14)
Sale of Christmas trees.
(15)
Rummage and garage sales.
(16)
Exhibitions and carnivals.
(17)
(Reserved)
(18)
Parade permit.
(19)
(Reserved)
(20)
(Reserved)
(21)
Cigarette license.
(22)
Food establishments.
(c)
Preinspection fee. The preinspection fee is to be
paid at the time of license application. This fee is for preinspection
of new or currently licensed/changing owner food establishments.
(d)
Reinspection fee. The reinspection fee is for inspection
after a citation is issued or a license is suspended or revoked.
(e)
Temporary food permit.
(23)
Pawnbroker.
(24)
Secondhand article dealer.
(25)
Secondhand jewelry dealer.
(26)
Secondhand article dealer, mall or flea market.
(29)
Amusement arcade.
(30)
Grand opening event.
(31)
Duplicate license or permit.
[1]
Editor's Note: The Fee Schedule is on file in the Village
offices.
(1)
Terms interchangeable. The words "license" and "permit"
as used throughout this chapter shall be interchangeable.
(2)
License required. No person shall engage in any business or activity enumerated in § 12.01 without a license therefor as provided by this chapter.
(3)
Application. Unless otherwise designated, application
for a license required by this chapter shall be made to the Village
Clerk-Treasurer on a form furnished by the Village and shall contain
such information as may be required by the provisions of this chapter
or as may be otherwise required by the Village Board.
(4)
License fees.
(a)
Fees to accompany application. License fees imposed under § 12.01 shall accompany the license application. If a license is granted, the Village Clerk-Treasurer shall issue the applicant a receipt for his license fee.
(b)
Refunds. No fee paid shall be refunded unless the
license is denied. The refund shall be less the costs required by
the Crime Information Bureau (CIB) for state criminal history checks.
[Amended by Ord. No. 739]
(5)
Granting of licenses. Unless otherwise designated,
licenses required by this chapter shall be issued by the Village Clerk-Treasurer.
(6)
Term of license. All licenses issued hereunder shall
be for one year unless issued for a shorter term, when they shall
expire at 12:00 midnight of the last effective day of the license,
or unless otherwise provided by this Code or state law.
(7)
Form of license. All licenses issued hereunder shall
show the dates of issue and expiration and the activity licensed and
shall be signed by the Village Clerk-Treasurer, unless otherwise provided
by this Code or state law.
(8)
Display of license. All licenses 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 Village upon request. Whenever a license or permit is lost or destroyed without fault on the part of the holder, his agent or employee, a duplicate license shall be issued by the Clerk-Treasurer upon satisfying himself of the facts and payment of a fee as provided in § 12.01.[2]
[2]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(9)
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 Village. Failure to do so shall
be cause for suspension or revocation of the license.
(10)
Transfer of license. All licenses issued hereunder
shall be personal to whom issued, and no license shall be transferred
without the consent of the Board.
(11)
Consent to inspection. An applicant for a license
under this chapter thereby consents to the entry of police or authorized
representatives of the Village upon the 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.
(12)
Revocation and suspension of licenses.
(a)
Except as otherwise provided, any license issued under
this chapter may be revoked for cause by the Village Board. No license
shall be revoked except upon written verified complaint filed with
the Village Board by the Village President, a member of the Village
Board, the Chief of Police, the Public Health Administrator/Health
Officer or a resident of the Village. The licensee shall be served
with a written copy of the charges and shall be given an opportunity
to be heard before the Village Board. The licensee shall be given
notice of such hearing, which shall be not more than 20 nor less than
five days after notice, except as otherwise agreed between the parties.
[Amended by Ord. No. 628]
(b)
At such hearing, the licensee shall be entitled to
be represented by counsel, shall have the right to present and cross-examine
witnesses and, upon request, may have subpoenas issued by the Village
President or presiding officer of the Village Board to compel the
attendance of witnesses.
(c)
After hearing the evidence, the Village Board may revoke such license or impose a limited period of suspension. The determination of the Board shall be final, subject to review under § 1.44 of this Code, provided that the licensee shall not be entitled to a further hearing unless granted by the Village Board.
(d)
The Police Department shall repossess any license
revoked hereunder.
(e)
If the licensee does not apply for a hearing within
the time provided, the license may be revoked by the Village Board.
(f)
The Village President or Village Board may suspend
the license of a licensee hereunder without hearing for not to exceed
10 days.
(13)
Refusal to issue license. No license or permit, other
than a dog license, shall be issued to any person who has not paid
an overdue forfeiture resulting from a violation of a Village ordinance,
unless the forfeiture is being appealed.
(14)
Licensee to pay taxes. No license shall be issued under this chapter to any premises or licensee where there are outstanding municipal taxes, including but not limited to real estate taxes and assessments and personal property taxes. Any licensee denied a license hereunder shall be entitled to a hearing under § 1.44 of this Code.
[Amended by Ord. No. 688]
(15)
Police record checks required. The Police Department
may require a criminal history background check of any license applicant
or persons that may not be required to be licensed but work for private
employers and who have contact with children or handicapped persons
who may not be able to care for themselves.
[Added by Ord. No. 739]
[Amended by Ord. No. 569]
(1)
State statutes adopted. The provisions of Ch. 125,
Wis. Stats., defining and regulating the sale, procurement, dispensing
and transfer of beverages, inclusive of any provisions relating to
the penalty to be imposed or the punishment for violation of such
statutes, are adopted and made a part of this section by reference.
A violation of any of such provisions shall constitute a violation
of this section.
(2)
License required.
(a)
When required. No person except as provided by § 125.06,
Wis. Stats., shall within the Village serve, sell, manufacture, rectify,
brew or engage in any other activity for which this chapter or Ch.
125, Wis. Stats., requires a license, permit or other authorization
without holding the appropriate license, permit or other authorization
as provided in this chapter. See § 125.04(1), Wis. Stats.
(b)
Separate license required for each place of sale.
Except for licensed public warehouses, a license shall be required
for each location or premises which is in direct connection or communication
with each other where intoxicating liquor or fermented malt beverages
are stored, sold or offered for sale. See § 125.04(9), Wis.
Stats.
(3)
Classes of licenses and fees. The following classes and denominations of licenses may be issued by the Village Clerk-Treasurer under the authority of the Village Board, after payment of the fee specified in § 12.01, which, when so issued, shall permit the holder to sell, deal or traffic in alcohol beverages as provided in §§ 125.17, 125.25, 125.26, 125.28 and 125.51, Wis. Stats. The full license fee shall be charged for the whole or fraction of any year, except that fees for "Class A," Class "A," "Class B" and Class "B" licenses shall be prorated in accordance with §§ 125.25(4), 125.26(4) and 125.51(9)(a), Wis. Stats., and only 50% of the regular license fee shall be charged for a six-month Class "B" license.
[Amended 6-1-1999 by Ord. No. 766; 5-20-2008 by Ord. No. 840]
(a)
Class "A" fermented malt beverage retailer's license.
(b)
Class "B" fermented malt beverage retailer's license.
(c)
Wholesaler's fermented malt beverage license.
(d)
Retail "Class A" license.
(e)
Retail "Class B" license.
(f)
Reserve "Class B" license.
(g)
Retail "Class C" license.
(h)
Temporary Class "B" license.
(i)
Operator's license.
[Amended by Ord. No. 598; Ord. No. 622; 5-3-2022 by Ord. No. 938]
1.
An operator's license may be granted to individuals
by the Village Clerk or their designee for the purpose of complying
with §§ 125.32(2) and 125.68(2), Wis. Stats.
2.
The
Village Clerk may grant operator's licenses pursuant to guidelines
set forth in the operator license policy.
3.
An operator's license may be issued only on written
application on forms provided by the Village Clerk.
4.
An operator's license shall be valid for one year
and shall expire on June 30 of each year.
5.
A provisional operator's license may be issued by
the Village Clerk under the authority provided under § 125.17(5),
Wis. Stats., which license shall expire 60 days after its issuance
or when an operator's license is issued to the holder, whichever is
sooner. The Village Clerk may revoke the license if the Clerk discovers
that the holder of the license made a false statement on the application.
6.
A temporary operator's license may be issued by the
Village Clerk under the authority provided by § 125.17(4),
Wis. Stats., which license may be valid for any period from one day
to 14 days.
(4)
License application.
(a)
Form. Application for a license to sell or deal in
intoxicating liquor or fermented malt beverages shall be made in writing
on forms prescribed by the State Department of Revenue, or Village
Board for operators' licenses, and filed with the Village Clerk-Treasurer
at least 15 days prior to the granting of the license. The premises
shall be physically described, including every room and storage space
to be covered by the license and including all rooms joined by connecting
entrances or not separated by a solid wall.
[Amended 7-2-2018 by Ord.
No. 893; 7-17-2018 by Ord. No. 894]
(b)
Application to be notarized. Applications shall be
signed and sworn to by the applicant as provided by § 887.01,
Wis. Stats.
(c)
List of licensees. By July 15 of each year, the Clerk-Treasurer
shall forward to the State Department of Revenue a list containing
the name, address and trade name of each person holding a license
issued under this section, except a picnic, manager's or operator's
license.
(5)
License restrictions.
(a)
Statutory requirements. Licenses shall be issued only
to persons eligible therefor under § 125.04, Wis. Stats.
(b)
Location.
1.
No "Class A" or "Class B" liquor license shall be
issued for premises the main entrance of which is less than 300 feet
from the main entrance of any established public school, parochial
school, hospital or church. Such distance shall be measured by the
shortest route along the highway from the closest point of entrance
to the premises covered by the license.
2.
This subsection shall not apply to premises licensed
as such on June 30, 1947, nor shall it apply to any premises licensed
as such prior to the occupation of real property within 300 feet thereof
by any school, hospital or church building.
(c)
Violators of liquor or beer laws or ordinances. No
Class A or B license shall be issued to any person who has been convicted
of a violation of any federal or state liquor or fermented malt beverage
law or the provisions of this section during one year prior to such
application. A conviction of a member of a partnership or the partnership
itself shall make the partnership or any member thereof ineligible
for such license for one year.
(d)
Health and sanitation requirements. No retail Class
"B" license shall be issued for any premises which does not conform
to the sanitary, safety and health requirements of the State Department
of Commerce pertaining to buildings and plumbing, to the rules and
regulations of the State Department of Health and Family Services
applicable to restaurants and to all such ordinances and regulations
adopted by the Village.
(e)
License quota. The number of persons and places that
may be granted a "Class B" liquor license under this section is limited
as provided in § 125.51(4), Wis. Stats.
(f)
Corporations.
1.
No corporation organized under the laws of this state
or of any other state or foreign country may be issued any alcohol
beverage license or permit unless such corporation meets the requirements
of § 125.04(6), Wis. Stats.
2.
Each corporation applicant shall file with its application
for such license a statement by its officer showing the names and
addresses of the persons who are stockholders together with the amount
of stock held by such person or persons. Such corporation applicant
shall file with the Village Clerk-Treasurer a statement of transfer
of stock within 48 hours after such transfer.
3.
Whenever a corporation licensed to sell intoxicating
liquor changes one or more of its corporate officers or directors,
such corporation shall file a new application and pay the required
fee as if making an original application. This provision shall not
apply when a change in a corporate setup is necessitated because of
the death of such officers or directors.
(g)
Age requirement. No license hereunder, except an operator's
license, shall be granted to any person who has not attained the legal
drinking age. Operators' licenses may be issued only to applicants
who have attained the age of 18.
(h)
Effect of revocation of license. Whenever any license
has been revoked, at least six months from the time of such revocation
shall elapse before another license shall be granted for the same
premises and 12 months shall elapse before another license shall be
granted to the person whose license was revoked.
(i)
Delinquent taxes, assessments and claims.
[Amended by Ord. No. 572]
1.
Premises. No initial or renewal licenses shall be
granted for any premises for which taxes (excluding real estate taxes),
assessments or other claims of the Village are delinquent and unpaid.
(j)
Issuance for sales in dwellings prohibited. No license
shall be issued to any person for the purpose of possessing, selling
or offering for sale any alcohol beverages in any dwelling house,
flat or residential apartment.
(6)
Form and expiration of licenses. All licenses shall
be numbered in the order in which they are issued and shall state
clearly the specific premises for which granted, the date of issuance,
the fee paid and the name of the licensee and, unless sooner revoked,
shall expire on June 30 thereafter except as otherwise provided.[2]
[2]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(7)
Transfer of licenses.
(a)
As to person. No license shall be transferable as
to licensee except as provided by § 125.04(12), Wis. Stats.
(b)
As to place. Licenses issued pursuant to this section
may be transferred as provided in § 125.04(12), Wis. Stats.
Application for such transfer shall be made on blanks furnished by
the State Department of Revenue. Proceedings for transfer shall be
had in the same manner and form as the original application.
(8)
Posting and care of licenses. Every license or permit
required under this section shall be framed and posted and at all
times displayed as provided in § 125.04(10), Wis. Stats.
No person shall post such license or permit any other person to post
it upon premises other than those mentioned in the application or
knowingly deface or destroy such license.
(9)
Regulation of licensed premises and licensees.
(a)
Gambling and disorderly conduct prohibited. Each licensed
and permitted premises shall at all times be conducted in an orderly
manner, and no disorderly, riotous or indecent conduct or gambling
shall be allowed at any time on any licensed premises.
(b)
Employment of underage persons. No licensee shall
employ any underage person who does not have a valid operator's license
to serve, sell, dispense or give away any alcohol beverage, except
that an underage person may serve alcohol beverages provided that
he or she is at least 18 years of age and is under the immediate supervision
of the licensee, permittee, agent or a person holding an operator's
license who is on the premises at the time of the service.
[Amended by Ord. No. 601[3]]
[3]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(c)
Sales by clubs. No club shall sell intoxicating liquors
or fermented malt beverages except to members and guests invited by
members.
(d)
Safety and sanitation requirements. Each licensed
premises shall be maintained and conducted in a sanitary manner and
shall be a safe and proper place for the purpose for which used.
(10)
Closing hours. Premises for which an alcohol beverage
license has been issued shall remain open for the sale of alcohol
beverages as provided for in §§ 125.32 and 125.68,
Wis. Stats.
[Amended by Ord. No. 608]
(11)
Revocation and suspension of licenses.
(a)
Procedure. Whenever the holder of any license under
this section violates any portion of this section, proceedings for
revocation or suspension of such license may be instituted in the
manner and under the procedure established by § 125.12,
Wis. Stats., and the provisions therein relating to granting a new
license shall likewise be applicable.
(12)
Nonrenewal of licenses. Before renewal of any license
issued under this section is refused, the licensee shall be given
written notice of any charges or violations against him or the reasons
proposed for nonrenewal and a copy of any proposed motion for nonrenewal
and shall have an opportunity to be heard before the Village Board.
(13)
Violations by agents and employees. A violation of
this section by an authorized agent or employee of a licensee shall
constitute a violation by the licensee.
(14)
Temporary extension of licensed premises for special events.
[Added 2-2-2016 by Ord.
No. 878[4]]
(a)
Extension of a licensed premises has been found to be within
the authority of the municipal governing body, in the case of Alberti
v. City of Whitewater, 109 Wis. 2d 592 (1982), and subject to the
discretion of the governing body. The Village hereby establishes the
following procedures to exercise this discretion, on a limited basis.
(b)
Eligibility. Any person holding a valid "Class B" liquor license,
Class "B" fermented malt beverage retailer's license or "Class C"
wine license may apply for temporary extension of such licensed premises
for a special event. The area which the licensee wishes to include
in any temporary extension of the licensed premises, such that the
extended license premises would extend into or encroach upon public
property or public thoroughfares, then the applicant shall also be
required to obtain the applicable special privilege or special event
permit before the document authorizing the temporary extension of
the licensed premises is issued by the Village Clerk. The applicant
shall also comply with all other applicable statutes, ordinances and
resolutions.
(c)
Applicant's responsibility. Application for the temporary extension
of licensed premises for special events shall be made by an individual,
or authorized agent in the case of a corporation, a limited liability
company or other entity or association, who shall be personally responsible
for compliance with all of the terms and provisions of this chapter.
(d)
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 Village Board. Applications shall be made on forms provided by
the Village 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:
[Amended 9-4-2018 by Ord.
No. 896]
1.
The name, business address and telephone number of the applicant
and the address of the existing licensed premises.
2.
The type of license currently held.
3.
Specific description of the site for which the temporary extension
is sought, including the dimensions of the area.
4.
The location of exits.
5.
The manner in which the licensed premises will be restricted
and screened from underage persons.
6.
The name of the particular event or function for which the temporary
extension of the licensed premises is sought.
7.
The date and period of time for which the particular event or
function will be operated.
8.
Such other reasonable and pertinent information the Village
Board may require.
(e)
The completed application shall be submitted to the Village
Board, which shall consider the matter. As part of the consideration
process, the Village Board will consider:
1.
The appropriateness of the location 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 be related to the public health, safety and welfare
of the community.
(f)
If the Village Board approves the application for the temporary
extension of licensed premises, the Village Clerk shall amend the
license to describe: (a) the original licensed premises; (b) the extended
licensed premises; (c) the specified dates for the extended licensed
premises. The amended license must be posted on the premises. The
document may also contain any restrictions or conditions which the
Board may place on such approval. The Village Clerk shall not issue
the amended license if the applicant has not obtained all of the required
permits for the premises or final inspection of the premises has not
yet occurred.
(g)
The permit for the temporary extension of licensed premises
may only be issued during the time that the applicant holds a valid
"Class B", "Class C" or Class "B" alcohol beverage license for the
area adjoining the proposed special event.
(h)
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 temporary extension of licensed
premises.
(i)
The applicant shall obtain liability insurance coverage for
the event, and such coverage shall provide for the Village of Greendale
to be named as an additional insured, which coverage shall be evidenced
by a policy endorsement. Said endorsement shall be filed with the
Clerk and shall evidence the liability insurance limits of not less
than $1,000,000 per occurrence and $2,000,000 in the aggregate.
(j)
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.
(k)
Failure to comply with the terms of the extension of premises
permit may result in revocation of the license by the Village Board
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.
(l)
Any request for reconsideration of the denial of the extension
of premises permit must be submitted to the Clerk and be made within
five days of the date of denial. The request for reconsideration would
go back to the Village Board for review at the next regularly scheduled
meeting.
[4]
Editor's Note: This ordinance provided an effective date of
2-3-2017.
(1)
APPROVED
AT LARGE
(a)
(b)
CAT
DOG
DOMESTICATED
GROOMING
GROOMING ESTABLISHMENT
KENNEL
OWNER
PERSON
PET SHOP
PUBLIC HEALTH ADMINISTRATOR/HEALTH OFFICER
Definitions. As used in §§ 12.04 through 12.08, certain words and phrases shall be defined as follows:
[Amended 5-20-2008 by Ord. No. 840]
Approval by the Public Health Administrator/Health Officer.
When an animal is off the premises of its owner and upon
any public street or alley, school grounds, public park or other public
grounds or upon private property without the permission of the owner
of the property; provided, however, that an animal shall not be deemed
to be at large if:
It is attached to a leash not more than 10 feet
long, of sufficient strength to restrain the animal, and the leash
is held by a person competent to control the animal and prevent it
from annoying or worrying pedestrians or trespassing on private property
or public property where such animals are forbidden; or
It is properly restrained within a motor vehicle.
All domesticated members of Felis domestica.
All domesticated members of Canis familiaris.
Any bird or animal of any species which usually lives in
or about the habitation of man or which is usually raised and tended
by man in order to contribute to the support of a family or the wealth
of a community.
Care or service provided to the exterior of an animal to
change its looks or improve its comfort, but not the treatment of
physical disease or deformities.
A business establishment wherein any domesticated bird or
animal is received for grooming.
A business establishment wherein more than two dogs or two
cats over the age of five months may be kept for boarding, breeding,
sale or sporting purposes.
Any person, firm or corporation or his or its agent owning,
harboring, sheltering or keeping a dog, cat or any other domesticated
bird or animal. The occupant of any premises on which a dog, cat or
any other domesticated bird or animal remains or to which it customarily
returns daily for a period of 10 days shall be presumed to be harboring,
sheltering or keeping the dog, cat or other domesticated bird or animal
within this definition.
Any individual, firm or corporation.
A business establishment where domesticated mammals, birds
or reptiles are kept for sale, provided that a kennel shall not be
included within this definition.
The legally designated health authority of the Village or
his authorized representative.
(2)
License.
[Amended by Ord. No. 673]
(a)
Required. Except as provided in § 174.05,
Wis. Stats., a license is necessary for the keeping of any dog or
cat over five months of age. The owner of a dog or cat shall present
evidence that the dog or cat is currently immunized against rabies
before a license may be issued.
(b)
Term. A license year commences on January 1 and ends
the following December 31. The owner of a dog or cat more than five
months of age on January 1 of any year or five months of age within
the license year shall annually or on or before the date the dog or
cat becomes five months of age pay the license tax and obtain a license.
[Amended 2-1-2000 by Ord. No. 770; 5-20-2008 by Ord. No.
840]
(c)
Late fees. The Village Clerk-Treasurer shall assess and collect a late fee of 1 1/2 the fee listed in § 12.01 for every owner of a dog or cat five months of age or over if the owner failed to obtain a license prior to April 1 of each year or within 30 days of acquiring ownership of a licensable dog or cat or if the owner failed to obtain a license on or before the dog or cat reached licensable age. The Village Board may from time to time declare periods of amnesty in which the penalties imposed may be waived. Such periods of amnesty and the terms thereof may be established upon a finding that they are likely to have the effect of increasing compliance with one or more provisions of § 12.04(2). The Village may promulgate rules and procedures to implement the provisions of this section.
[Amended 2-1-2000 by Ord. No. 770; 5-20-2008 by Ord. No.
840; 12-16-2008 by Ord. No. 846; 7-1-2014 by Ord. No. 869]
(d)
Owner to attach license. The licensee shall, upon
procuring such license, attach the license tag to the animal's collar
or harness. Such tag shall be on the animal whenever it is outside
the licensee's dwelling. Any dog or cat without such tag shall be
deemed unlicensed.
(3)
State regulations. Ch. 174, Wis. Stats., shall apply
so far as applicable.
(1)
Permit required. No person shall operate a kennel unless he holds a valid permit issued by the Village Clerk-Treasurer. When all applicable provisions of this section have been complied with by the applicant and a valid occupancy permit for this type of business has been issued by the Director of Inspection Services, the Village Clerk-Treasurer shall issue a permit to operate upon the payment of a fee as provided in § 12.01. Such permit shall expire December 31.
[Amended 5-20-2008 by Ord. No. 840]
(2)
Operation. Kennels shall be operated in accordance
with the following requirements:
(a)
All animals shall be maintained in a healthy condition
or if ill shall be given appropriate treatment immediately.
(b)
The quarters in which the animals are kept shall be
maintained in a clean condition and good state of repair.
(c)
Animal pens or enclosures shall be large enough to
provide freedom of movement to the animals contained therein.
(d)
Food supplies shall be stored in rodentproof containers,
and food and water containers shall be kept clean.
(e)
Litter and bedding material shall be changed as often
as necessary to prevent an odor nuisance.
(f)
Feces shall be removed from yards, pens and enclosures
daily and stored in tightly covered metal containers until final disposal.
(g)
Yards, pens, premises and animals shall be kept free
of insect infestations.
(h)
No odor nuisances shall be permitted.
(1)
Permit required. No person shall operate a pet shop unless he holds a valid permit issued by the Village. When all applicable provisions of this section have been complied with by the applicant and a valid occupancy permit for this type of business has been issued by the Director of Inspection Services, the Village Clerk-Treasurer shall issue a permit to operate, upon the payment of a fee as provided in § 12.01. Such permit shall expire on the last day of December.
[Amended 5-20-2008 by Ord. No. 840]
(2)
Operation. Pet shops shall be operated in accordance with the requirements set forth in § 12.05(2).
(3)
Dogs to be immunized against rabies. No pet shop operator
shall sell or offer for sale any dog five months of age or older unless
the dog has been vaccinated against rabies by use of an approved live,
attenuated rabies virus vaccine administered by a licensed veterinarian.
A certificate of vaccination identifying the dog, including its approximate
age and date of vaccination, and signed by the vaccinating veterinarian
shall be given the purchaser at the time the sale is made.
[Amended 5-20-2008 by Ord. No. 840]
(4)
Record of sale. Every pet shop operator shall keep
a record of each dog and cat sold by his establishment setting forth
the date and source of acquisition, date of rabies vaccination, the
date of sale and the name and address of the purchaser. Such records
shall be maintained on the pet shop premises for at least one year
following the date of sale of each dog and cat, and such records shall
be open to inspection by the Public Health Administrator/Health Officer
at all times during which the pet shop is open to the public.
(5)
Sale of bats, foxes, raccoons and skunks prohibited.
No pet shop shall engage in the purchase, keeping or sale of any species
of bats, foxes, raccoons or skunks.
(1)
Permit required. No person shall operate a animal grooming establishment unless he holds a valid permit issued by the Village. When all applicable provisions of this section have been complied with by the applicant and a valid occupancy permit for this type of business has been issued by the Director of Inspection Services, the Village Clerk-Treasurer shall issue a permit to operate, upon payment of a fee as provided in § 12.01. Each such permit issued shall expire on the last day of December.
[Amended 5-20-2008 by Ord. No. 840]
(2)
Operation. Animal grooming establishments shall be
operated in accordance with the following requirements:
(a)
The floor or any room in which grooming operations
are conducted or in which animals are kept shall be covered with an
impervious, smooth, cleanable surface. The floors shall be cleaned
and sanitized (disinfected) daily.
(b)
All animal hair and manure shall be removed from the
floors daily and shall be stored in tightly covered, waterproof containers
in such a manner as to prevent a nuisance until final disposal.
(c)
No dogs or other animals shall be kept in any grooming
establishment between 9:00 p.m. and 7:00 a.m. Nothing in this subsection
shall apply to an establishment where grooming is incidental to the
operation of a veterinary hospital or a licensed pet shop or a licensed
kennel.
(d)
Premises shall be kept free of insect infestations.
(e)
Premises shall be maintained and operated in a nuisance-free
manner.
[1]
Editor's Note: Former § 12.08, Pigeons, as amended,
was repealed 12-5-2022 by Ord. No. 944.
(1)
Defined. "Taxicab" shall include all vehicles transporting
passengers for remuneration for which patronage is solicited publicly.
This section shall not be applicable to vehicles operating on established
routes which are regulated by the Wisconsin Public Service Commission,
vehicles rented to be driven by the renter or his agent, commonly
known as "rent-a-cars," or vehicles operated solely as funeral cars
or ambulances.
(2)
Taxicab license required. No person shall for remuneration
transport passengers in a taxicab within the Village without having
a license therefor.
(3)
License application.
(a)
To be made to Clerk-Treasurer. Application for a taxicab
license to operate one or more taxicabs or an application to operate
additional taxicabs under an existing license shall be made in writing
to the Clerk-Treasurer upon forms furnished by him, giving the address
from which the business is to be conducted and signed by the owner
of the business or his duly authorized agent. The application shall
also state for each vehicle to be operated the make, model and year
of manufacture, the engine number, serial number and capacity for
passengers and the Wisconsin state certificate of title number and
license number.
(b)
Public hearing. The application shall be submitted
by the Clerk-Treasurer to the Village Board which shall set a date
for a public hearing before the Village Board to examine the public
convenience and necessity of granting such license. The Clerk-Treasurer
shall notify the applicant of the time and place set for hearing.
(c)
Determination of hearing. No later than 30 days after
the date of the hearing, the Village Board shall by official action
determine whether public convenience and necessity shall be served
by the granting of the application. No license shall be granted until
the Village Board shall by resolution have determined that the public
convenience and necessity shall be served by the service proposed
in the application for license. The Village Board may hold such further
hearings and procure such additional information as it may deem necessary
or advisable in making its determination.
(4)
License fees. The taxicab license fee shall be as provided in § 12.01. The license year shall commence January 1 and end December 31. If less than six months remain of the license year, the license fee for the first taxicab shall be reduced by half.[1]
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(5)
Insurance.
(a)
Required. No taxicab license shall be issued until
the applicant deposits with the Clerk-Treasurer a policy of liability
insurance covering all vehicles to be included under the license.
Such policy shall describe each vehicle by make, model and serial
number, number of passengers capable of being accommodated therein
at one time and the number of the state motor vehicle license. Such
insurance policy shall be issued by a company licensed to do business
in the state and shall insure the licensee against loss from liability
to the amount of $500,000 for the injury or death of one person in
any one accident, and in the amount of $1,000,000 for the injury or
death of more than one person in any one accident, and in the amount
of $500,000 for damage to property of others for any one accident
due to the negligent operation of such vehicle.
(b)
Approval. The policy of insurance shall be approved
by the Village Attorney as to legal form before it is filed and shall
contain a provision that the same may not be cancelled before the
expiration of its term, except upon 10 days' written notice to the
Village.
(c)
Cancellation of policy. The cancellation or other
termination of any insurance policy issued in compliance with this
section shall automatically revoke and terminate all licenses issued
for the vehicles covered by such insurance policy, unless another
policy shall have been filed and approved pursuant to this section
and shall be in effect at the time of such cancellation or termination.
(6)
Issuance of taxicab license and license plates.
(a)
Duty of Clerk-Treasurer. After passage of the resolution
of convenience and necessity and upon payment of the required license
fees and filing of the policy of insurance as hereinafter provided,
the Clerk-Treasurer shall issue to the applicant a taxicab license
that shall expire December 31 of the year in which granted or renewed.
Each license granted shall be numbered and shall show the owner's
name and place of business and the number of vehicles which may be
operated thereunder. Each license may be renewed annually upon filing
a schedule of rates which the Village Board, after a public hearing
if requested, shall approve and upon complying with the other terms
of this section.
(b)
License plates. The Clerk-Treasurer shall issue to
each licensee a license plate for each vehicle licensed. The license
plates shall be of such size, form and material as the Clerk-Treasurer
may deem proper and shall have printed or stamped thereon the words
"Village of Greendale Taxicab License" to be followed by the appropriate
serial number of the license and the period for which the license
is issued. No vehicle shall operate as a taxicab unless such plate
is securely fastened in a conspicuous place on the front of the vehicle.
(7)
Transfer of taxicab licenses. No taxicab license shall
be transferable, either from the vehicle described in the original
application to another vehicle or from the original licensee to another
person, without permission from the Village Board.
(8)
Renewal. Taxicab licenses may be renewed by the Clerk-Treasurer
upon the payment of the fees and filing of policies of insurance as
required for the original license.
(9)
Revocation. A taxicab license may be revoked at any
time by the Village Board for violation of any provisions of this
section or violation of any provisions of Chs. 340 through 349, Wis.
Stats., or of any such statutory provisions incorporated in a Village
ordinance. Such revocation may be for all vehicles or any vehicle
included under a license or when the public safety requires revocation.
When any taxicab license is revoked the Clerk-Treasurer shall immediately
notify the licensee to cease immediately to operate the taxicab for
which the license has been revoked.
(10)
Condition of vehicles. The licensee shall keep each
taxicab in a clean and sanitary condition, well painted and equipped
and maintained as required by the Wisconsin Statutes.
(11)
Taxi driver's license.
(b)
Application for license. Each applicant shall submit
in writing to the Chief of Police on forms furnished by the Police
Department a statement of the applicant's full name, his present residence,
his residence for the previous three years, his age, height, weight,
color of eyes and hair, citizenship, place of last previous employment,
marital status, Wisconsin state motor vehicle operator's license number,
whether he has ever been convicted of a felony or a misdemeanor, whether
he has ever been previously licensed as a driver or chauffeur and,
if so, when and by what authority, whether his license has ever been
revoked or suspended and, if so, for what cause, and the name of the
prospective employer. Applications shall be retained as Police Department
records.
(c)
License restrictions. No license shall be granted
to any person who:
1.
Is under 18 years of age.
2.
Does not possess a valid Wisconsin state motor vehicle
operator's license.
3.
Has been convicted of a felony or who has been convicted
of driving a vehicle upon the highway while under the influence of
intoxicating liquor or narcotics, unless two years have elapsed since
his date of conviction or discharge from a penal institution, whichever
is later, subject to the provisions of § 111.321, Wis. Stats.
4.
Is not of good moral character.
(d)
Expiration. A taxi driver's license shall expire on
December 31 following its issuance. It may be renewed upon application
to the Chief of Police on a form furnished by him titled "Application
for Renewal of Taxi Driver's License," which shall show the full name
and address of the applicant and the date upon which his original
license was granted and the number thereof.
(e)
License to be conspicuously displayed. Upon presentation
of the Clerk-Treasurer's receipt for payment of the license fee, the
Chief of Police shall deliver to each licensed taxi driver a license,
of such form and style as the Chief of Police may prescribe, with
the license number thereon, which shall be at all times conspicuously
displayed on his person when he is engaged in his employment. Each
licensee shall affix to the face of the license, in the space provided,
a photograph of himself, not less than 1 1/2 square inches, which
shall provide an accurate likeness of his face. No driver shall loan
his license or permit another person to use it.
(f)
Records of licenses. The Chief of Police shall maintain
a complete record of each license issued to a driver and of all renewals,
suspensions and revocations thereof, which shall be filed with the
original application.
(12)
Revocation of taxi driver's license.
(a)
Chief of Police to revoke. The Chief of Police shall
revoke a taxicab driver's license if the licensee has, since the granting
of the permit:
1.
Been convicted of a felony, subject to the provisions
of § 111.321, Wis. Stats.
2.
Had his state motor vehicle operator's license revoked
or suspended.
3.
Been convicted of driving while under the influence
of intoxicating liquor or narcotics.
4.
During any continuous six-month period has had three
or more convictions of any of the offenses set forth in Ch. 346, Wis.
Stats., or of any such statutory provision incorporated in a Village
ordinance.
5.
The Chief of Police may also revoke a taxicab driver's
license when for the preservation of the public safety, welfare, morals
or good order the Chief of Police finds the licensee is unfit to drive
a taxicab.
(c)
Repossession of revoked license. The Chief of Police
shall repossess each license which is revoked.
(13)
Transfer of drivers. A taxi driver shall not transfer
from one taxicab licensee to another licensee until such transfer
has been recorded in writing with the Chief of Police.
(14)
Taxicabs to be marked. Every taxicab shall be conspicuously
marked on the right and left side with the name of the licensee and
the serial number designated in the taxicab license, such letters
and numbers not to be less than 1 1/2 inches in height and of
a light color on a dark background or dark color on a light background.
A card containing the names of the licensee, taxicab license number
and rates of fares printed thereon shall be kept in a conspicuous
place inside of such vehicles.
(15)
Rates of fare. At the time of making application for
a taxicab license, the applicant shall file with the Clerk-Treasurer
a schedule of rates to be charged the users of such taxicab or taxicabs.
If the applicant is granted a taxicab license he shall not charge
any passenger a higher or lower rate of fare than those contained
in the schedule of rates. Such schedule of rates shall not be changed
without approval of the Village Board.
(1)
License required. No person shall operate a laundromat in the Village without a license therefor. Application to operate a laundromat shall be made annually to the Clerk-Treasurer on a form provided by the Village. A license shall be granted if the business is to be operated in a location zoned for that purpose and the applicant pays a fee as provided in § 12.01 and agrees to be bound by the provisions of this section.[1]
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(2)
Water supply emergencies. If a danger exists that
the sanitary sewer system cannot carry the water and wastes infiltrating
or discharging into the system, the Village Manager may order the
licensee or the person in charge to cease operations until the emergency
has passed and may cut off the licensee's water supply if he or the
person in charge fails to comply.
[Amended by Ord. No. 665]
(1)
Registration required. No transient merchant shall
engage in sales within the Village without being registered for that
purpose as provided herein.
(2)
CHARITABLE ORGANIZATION
CLERK-TREASURER
MERCHANDISE
PERMANENT MERCHANT
TRANSIENT MERCHANT
Definitions. In this section the following words have
the meaning indicated:
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation or one purporting
to be such.
The Village Clerk-Treasurer.
Includes personal property of any kind and shall include
merchandise, goods or materials provided incidental to services offered
or sold. The sale of merchandise includes donations required by the
seller for the retention of goods by a donor or prospective customer.
Any person 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 the local trade area
among the communities bordering the place of sale or has continuously
resided in the local trade area among the communities bordering the
place of sale and now does business from his residence.
Any individual who engages in the retail sale of merchandise
at any place in this state temporarily and who does not intend to
become and does not become a permanent merchant of such place. For
purposes of this section, "sale of merchandise" includes a sale in
which the personal services rendered upon or in connection with the
merchandise constitute the greatest part of value for the price received
but does not include a farm auction sale conducted by or for a resident
farmer or personal property used on the farm or the sale of produce
or other perishable products at retail or wholesale by a resident
of this state.
(3)
Exemptions. The following shall be exempt from all
provisions of this section:
(a)
Any person delivering newspapers, fuel, dairy products
or bakery goods to regular customers on established routes.
(b)
Any person selling merchandise at wholesale to dealers
in such merchandise.
(c)
Any person selling agricultural products which the
person has grown.
(d)
Any permanent merchant or employee thereof who takes
orders at the home of the buyer for merchandise regularly offered
for sale by the merchant within this county and who delivers the merchandise
in the regular course of business.
(e)
Any person who has an established place of business
where the merchandise being sold is 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.
(f)
Any person who has had or one who represents a company
which has had a prior business transaction, such as a prior sale or
credit arrangement, with the prospective customer.
(g)
Any person selling or offering for sale a service
unconnected with the sale or offering for sale of merchandise.
(h)
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.
(i)
Any employee, officer or agent of a charitable organization
who engages in direct sales for or on behalf of such organization,
provided that there is submitted to the Clerk-Treasurer proof that
such charitable organization is registered under § 440.42,
Wis. Stats. Any charitable organization engaging in the sale of merchandise
and not registered under § 440.42, Wis. Stats., or which
is exempt from that statute's registration requirements shall be required
to register under this section.
(j)
Any person who claims to be a permanent merchant but
against whom complaint has been made to the Clerk-Treasurer that such
person is a transient merchant, provided that there is submitted to
the Clerk-Treasurer proof that such person has leased for at least
one year or purchased the premises from which he has conducted business
in the market area for at least one year prior to the date the complaint
was made.
(k)
Any individual licensed by an examining board as defined
in § 15.01(7), Wis. Stats.
(l)
Transient merchants while doing business at special
events authorized by the Village Board.
(4)
Registration.
(a)
Applicants for registration must complete and return
to the Clerk-Treasurer a registration form furnished by the Clerk-Treasurer
which shall require the following information:
1.
Name, permanent address and telephone number and temporary
address, if any.
2.
Age, height, weight, and color of hair and eyes.
3.
Name, address and telephone number of the person,
firm, association or corporation that the transient merchant represents
or is employed by or whose merchandise is being sold.
4.
Temporary address and telephone number from which
business will be conducted, if any.
5.
Nature of business to be conducted and a brief description
of the merchandise and any services offered.
6.
Proposed method of delivery of merchandise, if applicable.
7.
Make, model and license number of any vehicle to be
used by the applicant in the conduct of his business.
8.
Most recent cities, villages, and towns, not to exceed
three, where the applicant conducted his business.
9.
Place where the applicant can be contacted for at
least seven days after leaving the Village.
10.
Statement as to whether the applicant has been
convicted of any crime or ordinance violation related to the applicant's
transient merchant business within the last five years and the nature
of the offense and the place of conviction.
(b)
Applicants shall present to the Clerk-Treasurer for
examination:
1.
A driver's license or some other proof of identity
as may be reasonably required.
2.
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.
3.
A State Health Officer's certificate where the applicant's
business involves the handling of food or clothing and is required
to be certified under state law. Such certificate shall state that
the applicant is apparently free from any contagious of infectious
disease, dated not more than 90 days prior to the date the application
for license is made.
(c)
At the time the registration is returned, the fee in § 12.01 shall be paid to the Clerk-Treasurer to cover the cost of processing such registration.
(d)
The applicant shall sign a statement appointing the
Clerk-Treasurer his 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
of the applicant, in the event the applicant cannot, after reasonable
effort, be served personally.
(e)
Upon payment of the fee and the signing of the statement, the Clerk-Treasurer shall register the applicant as a transient merchant and date the entry. Such registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in Subsection (5)(b) below.
(f)
Persons operating an arts and crafts show may register on behalf of all sellers involved with the show. The application with the list of sellers in the show shall be filed not later than five days prior to the event. The operator of the event shall provide the complete name, including middle initial, date of birth, address, telephone number and business name of each seller. Instead of the payment as required under Subsection (4)(c), the operator shall pay a fee for each event as provided in § 12.01 to cover the costs of processing the group registration. Applications filed within five days prior to the event shall require double fees.
(5)
Investigation.
(a)
Upon receipt of each application the Clerk-Treasurer
may refer it immediately to the Chief of Police who may make and complete
an investigation of the statements made in such registration.
(b)
The Clerk-Treasurer shall refuse to register the applicant if it is determined, pursuant to the investigation above, that the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received against the applicant by authorities in the most recent cities, villages and towns, not exceeding three, in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation 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 the applicant failed to comply with any applicable provision of Subsection (4)(b) above.
(6)
Appeal. Any person refused or denied registration
may appeal the denial through the appeal procedure provided by ordinance
or resolution of the Village Board or, if none has been adopted, under
the provisions of §§ 68.07 through 68.16, Wis. Stats.
(7)
Regulation of transient merchants.
(a)
Prohibited practices.
1.
A transient merchant shall be prohibited from calling
at any dwelling or other place between the hours of 9:00 p.m. and
9:00 a.m., except by appointment; calling at any dwelling or other
place where a sign is displayed bearing the words "No Peddlers," "No
Solicitors" or words of similar meaning; calling at the rear door
of any dwelling place; or remaining on any premises after being asked
to leave by the owner, occupant or other person having authority over
such premises.
2.
A transient merchant shall not misrepresent or make
false, deceptive or misleading statements concerning the quality,
quantity or characteristics of any merchandise offered for sale, the
purpose of his visit, his identity or the identity of the organization
he represents. A charitable organization transient merchant shall
specifically disclose what portion of the sale price of the merchandise
being offered shall actually be used for the charitable purpose for
which the organization is soliciting. Such portion shall be expressed
as a percentage of the sale price of the merchandise.
3.
No transient merchant 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.
4.
A transient merchant shall not make any loud noises and shall comply with § 9.06(2)(c) of this Code.
5.
No transient merchant shall allow rubbish or litter
to accumulate in or around the area in which he is conducting business.
(b)
Disclosure requirements.
1.
After the initial greeting and before any other statement
is made to a prospective customer, a transient merchant shall expressly
disclose his name, the name of the company or organization he is affiliated
with, if any, and the identity of the merchandise or services he offers
to sell.
2.
If any sale of merchandise is made by a transient
merchant or any offer for the later delivery of merchandise 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., and 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.
3.
If the transient merchant takes a sales order for
the later delivery of merchandise, he 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 guarantee or warranty is provided and, if so, the terms thereof.
(8)
Records. The Chief of Police shall report to the Clerk-Treasurer
all convictions for violation of this section, and the Clerk-Treasurer
shall note any such violation on the record of the registrant convicted.
(9)
Revocation of registration.
(a)
Registration may be revoked by the Village Board,
after notice and hearing, if the registrant made any material omission
or materially inaccurate statements in the application for registration,
made any fraudulent, false, deceptive or misleading statement or representation
in the course of engaging in transient sales, violated any provision
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 selling.
(b)
Written notice of the hearing shall be served personally or pursuant to Subsection (4)(d) above on the registrant at least 72 hours prior to the time set for the hearing. Such notice shall contain the time and place of the hearing and a statement of the acts upon which the hearing will be based.
(1)
License required. No person, either as owner, lessee,
manager, officer or agent, shall keep, maintain, conduct or operate
any theater or moving picture show house in the Village without first
obtaining a license as required herein.
(2)
Definition. "Theater" or "moving picture show house"
as used in this section is any edifice, hall, building or part of
a building regularly or generally used or wholly devoted to the purposes
of dramatic, operatic, vaudeville or other exhibition plays or performances
for admission to which an entrance fee is paid, charged or received,
or regularly or generally used or wholly devoted to the purpose of
exhibiting moving pictures of any kind for admission to which an entrance
fee is paid, charged or received. It shall exclude churches, schools
and other halls used only occasionally for moving picture exhibitions,
illustrated or other lectures, concerts or amateur theatricals or
exhibitions.
(3)
Application requirements. Application for a license
stating the location and the seating capacity of the premises shall
be made to the Village Board, which may grant any such license as
in its judgment shall promote the good order and welfare of the Village,
but no such license shall be granted for any edifice which does not
conform in all respects to the laws of this state and the ordinances
of the Village applying to such edifice and unless the same shall
be safe and proper for the purposes for which it is to be used. Licenses
granted shall be signed by the Village Clerk-Treasurer.
(4)
Revocation of license. The Village Board shall revoke
or annul for cause or refuse to renew any license granted according
to the provisions of this section whenever in its judgment the good
order and welfare of the Village shall be promoted thereby and whenever
the licensed building or the manner of conducting business therein
does not conform in all respects to the laws of this state and the
ordinances of the Village applying to such edifice and to its maintenance,
use or operation of business therein or whenever the same is deemed
unsafe and improper for the purpose for which it is used.
(6)
Posting of license. Each such license shall be posted
in a conspicuous place at or near the principal entrance to the premises
for which it is issued so that the same may be easily seen and read
by any person passing in or out of such entrance.
(8)
Term of license. The license term shall be from July
1 to June 30, inclusive.
(1)
License required. No person shall sell, expose for
sale, possess with intent to sell, exchange, barter, dispose of or
give away any cigarettes or tobacco products to any person not holding
a license as herein provided without first obtaining a license from
the Clerk-Treasurer.[1]
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(2)
Application. Upon filing of a proper written application, such license shall be issued on July 1 of each year or when applied for and continued in force until the following June 30, unless sooner revoked. The fee for such license shall be as provided in § 12.01 of this chapter, which shall be paid to the Clerk-Treasurer before the license is issued.
(3)
Information required. Each such license shall name
the licensee and specifically describe the premises where such business
is to be conducted. Such license shall not be transferable from one
person to another nor from one premises to another.
(4)
Records. Each licensed retailer shall keep complete
and accurate records of all purchases and receipts of cigarettes and
tobacco products. Such records shall be preserved on the licensed
premises for two years in such manner as to ensure permanency and
accessibility for inspection and shall be subject to inspection at
all reasonable hours by authorized state and local law enforcement
officials.[2]
[2]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(5)
Restrictions on sale or gift of cigarettes or tobacco
products. Section 134.66, Wis. Stats., placing restrictions on sale
or gift of cigarettes or tobacco products is adopted by reference
and made a part of this section as though set forth in full.
[Added by Ord. No. 674]
(1)
PERSONAL PROPERTY
RUMMAGE SALE
Definitions. The following words have the meaning
indicated:
Property which is owned, utilized, maintained and acquired
in the normal course of living in or maintaining a residence. It shall
not include merchandise purchased for resale or obtained on consignment.
All general sales, open to the public, conducted from or on a residential premises, as defined in Chapter 17 of this Code, for the purpose of disposing of personal property, including but not limited to all sales titled rummage, lawn, yard, attic, porch, room, backyard, patio, flea market or garage sale.
(2)
License required. All persons or organizations wishing to hold a rummage sale shall first obtain a license from the Village Clerk-Treasurer. The license shall be obtained at least three working days before the sale and shall be prominently displayed during the sale. The fee for such a license shall be as provided in § 12.01 of this chapter.
[Amended by Ord. No. 675]
(3)
Property permitted to be sold. No person shall sell
or offer for sale at a rummage sale property other than personal property.
(4)
Hours and place of operation. Rummage sales shall
be conducted between the hours of 9:00 a.m. and 8:00 p.m. No more
than two rummage sales in one calendar year may be conducted from
any one premises. Each sale shall last no longer than three consecutive
days.
[Amended 3-7-2023 by Ord. No. 947]
(5)
Advertising signs. "Rummage Sale" signs shall be permitted to advertise the rummage sale. No more than one rummage sale sign may be located at the sale site, except that on a corner lot two signs, one facing each street, shall be permitted. No more than three rummage sale signs may be located off the site, and only with the permission of the property owner whose land is being used. Rummage sale signs may not have an area more than 12 square feet with a maximum of two faces. Rummage sale signs shall identify the location of the sale and must be located at least five feet from the street line. No rummage sale sign may be located on utility poles, traffic control devices or on property the owner of which has not given explicit permission for its location. No rummage sale sign shall be located in the road right-of-way, per § 17.09(4) of the Village Code. No rummage sale sign shall be displayed more than one day before the sale, and signs must be removed within 24 hours of the end of the rummage sale.
[Amended 3-7-2023 by Ord. No. 947]
(1)
PARADE
PERSON
Definitions. As used in this section, the following
terms shall have the meaning indicated:
Any parade, march, ceremony, show, exhibition, pageant, motorcade
or procession of any kind or any similar display in or upon any street,
sidewalk or other public place in the Village.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
(2)
Permit required. No person shall engage in, participate
in, aid, form or start any parade unless a permit has been obtained
from the Village Board.
(3)
Application. Written application for parade permits
shall be filed with the Village Clerk-Treasurer.
(a)
Filing date. The written application for a parade
permit shall be filed not less than 30 days before the date on which
it is proposed to conduct the parade.
(b)
Contents. The application for a parade permit shall
include the following information:
1.
The true and correct name, address and telephone number
of the person seeking to conduct the parade.
2.
If the parade is to be conducted for, on behalf of
or by an organization, the name, address and telephone number of the
headquarters of the organization and of the authorized and responsible
heads of such organization.
3.
The true and correct name, address and telephone number
of the person who shall be the parade chairman and of all persons
who shall be in charge of and responsible for its conduct.
4.
The date when the parade is to be conducted.
5.
The route to be traveled, the starting point and the
termination point.
6.
The approximate number of persons, animals and vehicles
and signs, banners and flags which shall be in the parade, the type
of animals and descriptions of the vehicles and the signs, banners
and flags.
7.
The hours when the parade shall start and terminate.
8.
A statement as to whether the parade shall occupy
all or only a portion of the width of the streets proposed to be traversed.
9.
The location by streets of any assembly areas for
the parade.
10.
The time at which units of the parade shall
begin to assemble at any such assembly area or areas.
11.
The interval of space to be maintained between
units of the parade.
12.
If the parade is designed to be held by and
on behalf of or for any person other than the applicant, the applicant
for such permit shall file with the Village Clerk-Treasurer a communication
in writing from the person proposing to hold the parade authorizing
the applicant to apply for the permit on his behalf.
13.
Any additional information which the Village
Board finds reasonably necessary to a fair determination as to whether
a permit shall be issued.
(4)
Standards for issuance. The Village Board shall direct
the Village Clerk-Treasurer to issue a permit when, from a consideration
of the application and from such other information as may otherwise
be obtained, the Board finds that:
(a)
The conduct of the parade shall not substantially
interrupt the safe and orderly movement of other traffic contiguous
to its route.
(b)
The conduct of the parade shall not require the diversion
of so great a number of police officers of the Village to properly
police the line of movement and the areas contiguous thereto as to
prevent normal police protection to the Village.
(c)
The concentration of persons, animals and vehicles
at assembly points of the parade shall not unduly interfere with proper
fire and police protection of or ambulance service to areas contiguous
to such assembly area.
(d)
The conduct of such parade shall not interfere with
the movement of fire-fighting equipment en route to a fire or with
fire rescue equipment.
(e)
The conduct of the parade is not reasonably likely
to cause injury to persons or property, to provoke disorderly conduct
or create disturbances or incite a riot.
(f)
The parade is scheduled to move from its point of
origin to its point of termination expeditiously and without unreasonable
delays en route.
(g)
The parade is not to be held for the sole purpose
of advertising any product, goods or event and is not designed to
be held purely for private profit.
(h)
No other parade permit has been issued for conducting
any other parade at the same time within the Village.
(5)
Notice of rejection. The Village Board shall act upon
the application for a parade permit within 30 days after the filing
thereof. If the Village Board disapproves the application, it shall
direct the Village Clerk-Treasurer to mail to the applicant within
three days after the date upon which the application was disapproved
a notice of its action stating the reasons for its denial of the permit.
(6)
Alternative permit. The Village Board, in denying
an application for a parade permit, may authorize the conduct of the
parade on a date, at a time or over a route different from that named
by the applicant. An applicant desiring to accept an alternate permit
shall, within two days after notice of the action of the Village Board,
file a written notice of acceptance with the Village Clerk-Treasurer.
An alternate parade permit shall conform to the requirements of and
shall have the same effect as a parade permit under this section.
(7)
Notice to Village and other officials. Immediately
upon the issuance of a parade permit, the Village Clerk-Treasurer
shall send a copy thereof to the Village Manager, Police Chief and
the Fire Chief.
(8)
Contents of permit. Each parade permit shall include
the following information:
(a)
Starting time.
(b)
Minimum speed.
(c)
Maximum speed.
(d)
Maximum interval of space to be maintained between
the units of the parade.
(e)
The portions of the streets to be traversed that may
be occupied by the parade.
(f)
The maximum length of the parade in blocks or fractions
thereof.
(g)
The route of the parade.
(h)
Terminating time.
(i)
The date of the parade.
(j)
Such other information as the Village Board shall
find necessary to the enforcement of this section.
(9)
Duties of permittee.
[Amended by Ord. No. 680]
(a)
A permittee shall comply with all permit directions
and conditions and with all applicable laws and ordinances of the
Village.
(b)
A permittee shall also be responsible for gathering
and removing all litter and refuse resulting from the parade and discarded
along the route of the parade within 24 hours after its termination.
(c)
The parade chairman or other person heading or leading
such activity shall carry the parade permit upon his person during
the conduct of the parade.
(d)
The permittee shall not allow objects to be thrown
or distributed from motor vehicles or any other vehicles in the parade.
(10)
Public conduct during parades.
(a)
Interference. No person shall unreasonably hamper,
obstruct, impede or interfere with any parade or parade assembly or
with any person, vehicle or animal participating or used in the parade,
nor shall any other organization or group of persons not mentioned
in the application for a parade permit participate in the parade.
(b)
Driving through parades. No driver of a vehicle shall
drive between the vehicles or persons comprising a parade when such
vehicles or persons are in motion and are conspicuously designated
as a parade unless directed by a police officer. However, the parade
shall permit passage of authorized emergency vehicles.
(11)
Revocation of permit. The Village Board may revoke a parade permit issued under this chapter, subject to appeal under § 1.44 of this Code, upon application of the standards for issuance of this chapter.
(12)
Insurance. No permit for a parade shall be issued
until the applicant has placed on file with the Village Clerk-Treasurer
a certificate of insurance indicating that there is in effect public
liability insurance covering such an event. Such insurance shall be
in the minimum amount of $500,000 per person, $1,000,000 for each
accident and $100,000 property damage. Such insurance shall name the
Village as a named insured.
[Added by Ord. No. 594]
(1)
License required. No person shall operate an amusement
arcade without receiving an amusement arcade license from the Village
upon payment of a license fee.
(2)
AMUSEMENT ARCADE
MECHANICAL AMUSEMENT DEVICE
Definitions. As used in this section, the following
terms shall have the meaning indicated:
A place where more than four mechanical amusement devices
are operated within one premises.
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
The term shall not include a jukebox.
(3)
Granting of licenses.
(a)
Applications for an amusement arcade license shall
be submitted to the Village Board for its approval. Opportunity shall
be given by the Board to any person to be heard for or against granting
of any license.
(b)
Upon approval of the application by the Village Board,
the Village Clerk-Treasurer shall, upon payment of the required fees,
issue the license to the applicant. Licenses shall be for not longer
than one year, and all licenses shall expire on June 30 of each year.
(4)
Prohibitions and restrictions.
(a)
No person shall permit the operation of an amusement
arcade within 800 feet of any public or private school.
(b)
Operators shall comply with all applicable state,
county and Village laws, ordinances, rules and regulations.
(c)
Operators shall employ a sufficient number of personnel
to ensure the orderly operation of such establishment at all times.
(d)
Operators shall not allow any person under the influence
of an intoxicant or a controlled substance as defined in the Wisconsin
Statutes to remain in the establishment.
(e)
Establishments shall not be operated later than 11:00
p.m.
(5)
Exemption. The provisions of this section shall not
be applicable to any civic, nonprofit or religious organization.
(1)
License required. Any person displaying for public
patronage or keeping for any operation any jukebox or mechanical amusement
device as herein defined shall be required to obtain a license from
the Village upon payment of a license fee. Application for such license
shall be made to the Village Clerk-Treasurer.
(2)
JUKEBOX
MECHANICAL AMUSEMENT DEVICE
Definitions. As used in this section, the following
terms shall have the meaning indicated:
Any musical vending machine, contrivance or device which,
upon the insertion of a coin, slug, token, plate, disc or key into
any slot, crevasse or other opening, or by the payment of any price,
operates or may be operated for the emission of songs, music or similar
amusements.
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
(3)
Application. The application for such license shall
contain the following information:
(4)
License fee and term.
(a)
Every applicant, before being granted a license, shall pay the annual license fee as provided in § 12.01 of this chapter for the privilege of operating and retaining for operation each jukebox or mechanical amusement device as defined herein.
(b)
A license shall be for not longer than one year, and
all licenses shall expire on June 30 of each year.
(5)
Seizure of machine. If the Chief of Police shall have
reason to believe any mechanical amusement device is used as a gambling
device, such machine may be seized by the police and impounded and
only released upon an order of the court.
(6)
Revocation of license. Every license issued under
this section is subject to revocation should the licensee, directly
or indirectly, permit the operation of any jukebox or any mechanical
amusement device contrary to the provisions of this section, the ordinances
of the Village or the laws of the state.
[Amended by Ord. No. 738; 11-7-2006 by Ord. No. 834]
(1)
Purpose.
(a)
The purpose of this section is to encourage alarm
users to properly use and maintain the operational effectiveness of
alarm systems in order to improve the reliability of alarm systems
and reduce or eliminate false alarms.
(b)
This section governs alarm systems intended to summon
law enforcement and Fire Department response and requires registration,
establishes fees, provides for penalties for violations, establishes
a system of administration, and sets conditions for suspension of
police response or revocation of registration.
(2)
Registration required; application; fee.
(a)
No alarm user shall operate, or cause to be operated,
an alarm system at its alarm site without a valid alarm registration.
A separate alarm registration is required for each alarm site.
(b)
The fee for an alarm registration or alarm registration
renewal is set forth below and shall be paid by the alarm user. No
refund of a registration or registration renewal fee will be made.
The initial alarm registration fee must be submitted to the alarm
administrator within five days after the alarm system installation
or alarm system takeover.
2.
The Chief of Police or his designee shall be the alarm
administrator and shall develop and administer the alarm registration
form accordingly. The registration form will include such information
as the applicant's name, complete address (including apartment/suite
number), and telephone numbers of the person who will be the registration
holder and be responsible for the proper maintenance and operation
of the alarm system and payment of fees assessed under this article,
etc.
3.
Each alarm site shall be classified as either residential
(includes apartments, condos and mobile homes), commercial businesses
or financial institutions.
4.
Each alarm system located at the alarm site shall
also be classified to inform the Village about the purpose of the
system (i.e., burglary, holdup, duress, panic, intrusion, fire or
other) and classified as to whether such alarm is silent or audible.
5.
The registrant shall also provide the mailing address,
if different from the address of the alarm site.
6.
The registrant shall also identify any dangerous or
special conditions present at the alarm site.
7.
The registrant shall also provide the names and telephone
numbers of at least two individuals who are able to and have agreed
to receive notification of the alarm system activation at any time
and respond to the alarm site within 30 minutes and upon request can
grant access to the alarm site if necessary.[2]
(c)
All fees owed by an applicant must be paid before
an alarm registration may be issued or renewed.
(3)
Alarm registration duration and renewal. An alarm
registration shall expire December 31 from the date of issuance and
must be renewed annually for businesses and financial institutions
by submitting an updated application and a registration renewal fee
to the alarm administrator. Residential alarm systems do not need
to be annually renewed unless there is a new property owner, who is
then subject to a new registration fee. The alarm administrator shall
notify each alarm user of the need for renewal 30 days prior to the
expiration of the registration. It is the responsibility of the alarm
user to submit an application prior to the registration expiration
date. Failure to renew will be classified as a use of a nonregistered
alarm system and fees and penalties will be assessed without waiver.
A late fee established from time to time by separate resolution of
the Village Board may be assessed if the renewal is more than 30 days
late.[3]
[Amended 5-20-2008 by Ord. No. 840; 1-17-2023 by Ord. No. 945]
[3]
Editor's Note: The Fee Schedule is on file in the Village
offices.
(4)
Duties of alarm user.
(a)
An alarm user shall:
1.
Maintain the alarm site and alarm system in a manner
that will minimize or eliminate false alarms.
(b)
An alarm user shall not use automatic voice dialers.
(c)
The alarm administrator shall establish a procedure
for the notification to the alarm user of the false alarm. The notice
shall include the following information.
(d)
The alarm administrator will make a copy of this section
and/or an ordinance summary sheet available to alarm users.
(5)
Fees.
[Amended 1-17-2023 by Ord. No. 945]
(b)
In addition, any person operating a nonregistered
alarm system will be subject to a fine established from time to time
by separate resolution of the Village Board for each false alarm in
addition to any other fees. The alarm administrator may waive the
additional fees for a nonregistered system if the alarm user submits
an application for alarm registration within 10 days after the notification
of such violation.
(6)
Notification.
(a)
The alarm administrator shall notify the alarm user
in writing after each false alarm. The notification shall include
the amount of the fee for false alarms.
(b)
The alarm administrator may adjust the count of false
alarms based on evidence that:
1.
A false alarm was caused by an act of God.
2.
A false alarm was caused by action of a telephone
company.
3.
A false alarm was caused by a power outage lasting
longer than four hours.
4.
The alarm dispatch request was not a false alarm.
5.
The law enforcement response was not completed in
a timely fashion.
6.
In determining the number of false alarms, multiple
alarms occurring in any twenty-four-hour period shall be counted each
time as a false alarm.
(7)
Enforcement and penalties. Enforcement will be handled
by the Police Department based on the penalty stipulation for false
alarms. If the billing is not paid the assessment shall be placed
on the alarm user's taxes. The alarm user may also have his or its
permit suspended until paid.
(8)
Confidentiality. In the interest of public safety,
all information contained in and gathered through the alarm registration
applications shall be held in confidence by all employees or representatives
of the municipality and by any third party administrator or employee
of the third party administrator with access to such information.
(9)
Government immunity. Alarm registration is not intended
to, nor will it, create a contract, duty, or obligation, either expressed
or implied, of response. Any and all liability and consequential damage
resulting from the failure to respond to a notification is hereby
disclaimed and governmental immunity as provided by law is retained.
By applying for an alarm registration, the alarm user acknowledges
that law enforcement response may be influenced by factors such as
the availability of police units, priority of calls, weather conditions,
traffic conditions, emergency conditions, staffing levels and prior
response history.
(10)
False fire alarms; fees for fire response.
(a)
For the purpose of this Subsection (10), the term "false alarm" shall mean the activation of a fire alarm by other than a fire, smoke condition, proper use of a manual pull station or other situation which would activate a fire alarm.
(b)
For a Fire Department response to a nonvalid alarm
as a result of negligence or improper maintenance of the alarm system,
the Village shall charge and collect from the owner or occupant having
the responsibility to monitor and/or maintain the system within or
for the building fees as follows:
1.
For a response to a premises from which an invalid
alarm has not occurred within a preceding six-month period, hereinafter
referred to as the "first response," no fee shall be charged. The
person having or maintaining such alarm system shall, within three
working days after notice to do so, make a report to the Fire Department
for a fire alarm setting forth the cause of such an alarm, the corrective
action taken, whether the alarm has been inspected by an authorized
serviceman, and such other information as the Fire Chief may reasonably
require to determine the cause of such false alarm and corrective
action necessary.
2.
For a second response to a premises within six months
after a first response, no fee shall be charged, but a written report
shall be required as for a first response and the Fire Chief shall
be authorized and may cause to be inspected the alarm system at such
premises, prescribe necessary action and give notice to the person
having or maintaining such alarm system of the conditions and requirements
of this section.
3.
For a third response to a premises within six months
after a second response, and for all succeeding responses within six
months of the last response, a progression fee established from time
to time by separate resolution of the Village Board shall be charged.[5]
[Amended 5-20-2008 by Ord. No. 840; 1-17-2023 by Ord. No. 945]
[5]
Editor's Note: The Fee Schedule is on file in the Village
offices.
(c)
Outside monitoring. Fire alarms installed in any privately owned property, business, firm or corporation which are monitored by any entity are subject to the same false alarm penalties set forth in Subsection (10)(b) of this section.
(d)
Where a required fire alarm system is out of service
for more than four hours in a twenty-four-hour period, the Fire Department
shall be notified and the building shall be evacuated or an approved
fire watch shall be provided for all parties left unprotected by the
shutdown until the fire alarm system has been returned to service.
See § 11.12 of this Code.
[Added by Ord. No. 653]
Section 134.71, Wis. Stats., is hereby adopted by reference to define pawnbrokers and secondhand article and jewelry dealers and to provide licensing and other requirements as provided for in such statute, provided that penalties for violations thereunder shall be limited to a forfeiture imposed under § 25.04 of this Code.
[Added by Ord. No. 692]
(1)
An annual fire prevention fee shall be charged to
the property owner for the required inspection of each building, structure
and premises in the Village. This fee shall apply to taxable property
and tax-exempt property alike.
(3)
The annual fee shall constitute a special charge against
the property inspected pursuant to § 66.0627, Wis. Stats.
The annual fee shall be extended upon each year's tax roll for collection.
If not paid on or before July 31 of each year, the fee shall become
a lien on the property inspected and shall automatically be extended
upon the current tax roll as a delinquent tax against the property.
All proceedings for delinquent real estate taxes shall apply to such
special charge. The annual fee represents payment for fire inspections
for the year in which payment is due.
(4)
All buildings owned by the United States government,
the State of Wisconsin, Milwaukee County, the Village of Greendale
and the Greendale School District shall be exempt from this fire inspection
fee.
(1)
BRANDING
IMPLANTATION
SCARIFICATION
Definitions. As used in this section, the following
terms shall have the meaning indicated:
The burning of the skin with a hot tool, cauterizing laser
or dry ice so that a mark is embedded in the deep tissue.
The insertion of an object under the skin, so that it remains
under the skin, in whole or in part, after the procedure. This definition
does not apply to the post used in body piercing to keep the perforation
from closing.
The cutting of the skin so that when it heals scar tissue
will remain.
(2)
Prohibition. No person shall intentionally engage
in the practice of implanting, branding, or scarification in the Village
of Greendale except as set forth herein. This prohibition shall not
apply to Wisconsin licensed physicians or procedures or orders delegated
by a licensed Wisconsin physician.
(3)
Regulated.
(a)
Sections 252.23, 252.24, and 252.245, Wis. Stats.,
and Ch. HFS 173, Wis. Adm. Code, are hereby adopted by reference,
as they may be amended from time to time, in full as though fully
set forth herein.
(b)
No tattooing or body piercing establishment shall
be open between the hours of 9:00 p.m. and 9:00 a.m. on Monday through
Sunday.
(c)
No tattooing or body piercing establishment shall
be located within 800 feet of any church, school or day care measured
from the property line of the church, school or day care to the nearest
entrance of the tattooing or body piercing establishment.
(d)
Any person desiring a tattoo or body pierce shall
first sign a consent form with the proprietor of the business. No
such procedure shall be performed until 24 hours after the time such
consent form has been signed, with the time and date recorded.
(e)
The tattooing or body piercing establishment must
be licensed by the State of Wisconsin in addition to obtaining a Village
of Greendale license, and each and every practitioner must be individually
licensed by the State of Wisconsin per Ch. HFS 173, Wis. Adm. Code.
(4)
Enforcement. The Public Health Administrator/Health
Officer, with the assistance of all other Village personnel, shall
enforce this section.
[Added 6-18-2002 by Ord. No. 794; amended 5-20-2008 by Ord. No.
840; 10-20-2009 by Ord. No. 849]
(1)
Permit required; payment of fee. No person or business shall conduct
a grand opening event or going-out-of-business sale without properly
receiving a grand opening event or going-out-of business sale permit
from the Village upon payment of a permit fee.
(2)
GOING-OUT-OF-BUSINESS SALE
GRAND OPENING EVENTS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A sale, other than a bankruptcy sale regulated under federal
court, held out in such a manner as to reasonably cause the public
to believe that upon disposal of the stock of goods on hand the business
will cease and be discontinued, such sale including but not limited
to the following kinds of sales: adjustor's; adjustment; alteration;
administrator's; assignee's; bankruptcy; benefit of administrator
or executor; benefit of creditors; benefit of trustees; building coming
down; closing; creditor's committee; creditors; end; executor; final
days; force out; forced out of business; insolvency; insurance; last
days; lease expires; liquidation; loss of lease; mortgage; receivers;
trustees; and quitting business.
Includes grand opening events and other similar special or
unique events, including grand reopenings, special open houses for
milestone events, etc. Business sales, except those in conjunction
with grand opening events, and other routine annual events shall not
qualify.
(3)
Duration. Grand opening events shall be limited to a two-consecutive-day
period and shall be conducted in conjunction with and coincide with
normal business/operating hours. Businesses/applicants are limited
to one grand opening event per calendar year. A going-out-of-business
sale shall be limited to 21 consecutive days.
(4)
Location. Grand opening events and going-out-of-business sales shall
be conducted solely on the business'/applicant's property. Businesses/applicants
leasing parking space or sharing a general parking area may conduct
such events within leased or shared parking areas upon written authorization
from the property owner(s). All outdoor activities must be identified
on a site plan and approved by the Village for location, type and
operation; outdoor activities shall not be located in areas that impede
traffic or pedestrian ingress or egress, including but not limited
to traffic or firesafety aisles and sidewalks. Outdoor activities
may be located in parking spaces, provided that the number of parking
spaces utilized shall not exceed 10% of the business'/applicant's
available parking spaces. All outdoor activities shall be conducted
within a clearly delineated and secured area. No stakes or poles shall
be used in parking lot areas. Going-out-of-business sales and any
related activities shall only be conducted on the interior of the
building.
(5)
Outdoor activities. Outdoor activities associated with grand opening
events shall not include outdoor sales, except for food/beverage sales.
No alcohol may be sold or served. Outdoor storage of materials, produce
or products is prohibited. Any and all outdoor fireplaces or grills
shall comply with the regulations and restrictions imposed by the
Village Fire Chief, including that they not be located on Village
property. Any and all outdoor food or vending shall be approved by
the Village and shall require separate food and vendor permits approved
by the Village and payment of the proper fees.
(6)
Nuisance prevention. Businesses/applicants shall make every effort
to minimize disruption and the creation of a nuisance to surrounding
properties. Outdoor music or band performances shall be permitted
with the use of minimal sound amplification. Additional refuse containers
shall be provided, and any garbage overflow shall be monitored and
removed within 24 hours. The business/applicant shall also be responsible
for full and proper cleanup and restoration of the site following
the event to the Village's satisfaction, including but not limited
to the proper cleanup and restoration of parking areas and disturbed
Village rights-of-way and cleanup and restoration of surrounding properties
from damages resulting from the event.
(7)
Signage. All signage shall be according to the Village of Greendale
sign regulations and shall be approved by the Village and shall require
a separate sign permit approved by the Village and payment of the
proper fees. Temporary banners or signage may be permitted, limited
in number and area to the business/applicant's existing or permissible
signage. Temporary banners or signage shall not exceed 24 square feet
in area. The Director of Inspection Services may approve a larger
sign based upon the size of the building upon which the sign is to
be displayed and the building setback from the abutting street right-of-way
line which the sign faces. Temporary banners or signage shall be permitted
for a period not to exceed 21 consecutive days. The following signs
are hereby prohibited:
(a)
Any sign which, or any part of which, is in motion by any means,
including fluttering or rotating, or other signs set in motion by
movement of the atmosphere. This includes all flags (except those
of the United States of America, State of Wisconsin, and Village of
Greendale), pennants, whirling objects, banners, or other entities
attached to strings or lines.
(b)
Inflatable advertising devices or signs.
(c)
Changeable copy and portable trailer signs, either fixed or moveable.
(d)
Statutes and stuffed animals.
(e)
Floodlights or flashing light signs.
(f)
A sign on a motor vehicle or trailer parked on public or private
property so as to be seen from the public right-of-way which has attached
thereto or located thereon any sign for the purpose of advertising
a product or directing people to a business activity.
(8)
Certificate(s) of insurance required. The Village may require the
applicant therefor to place on file with the Village a certificate
or certificates of insurance indicating that there is in effect public
liability insurance covering any damages arising out of the use or
operation of any devices and facilities operated in connection with
such grand opening event. The Village shall be named on such insurance
policy certificate as an additional insured. Such insurance shall
be in the minimal amount of $500,000 per person, $1,000,000 for each
accident and $100,000 property damage.
(9)
Village coordination/approval. Applications for grand opening events
and going-out-of-business sales shall be made to the Clerk-Treasurer's
office in a manner determined by the Village. The Village Manager,
or his designee, shall issue grand opening event and going-out-of-business
sale permits administratively upon his satisfaction that the business/applicant
has satisfied the requirements and intent of this section and has
taken the necessary measures to conduct the event in the best public
health, welfare and safety interest of the Village, any and all other
required permits have been obtained and all proper fees have been
paid. The business/applicant shall be required to comply with any
and all conditions imposed by the Village Manager, including the full
and proper coordination of all activities and events with the Village
staff, including but not limited to the Chief of Police, Fire Chief,
Public Health Administrator/Health Officer, and Director of Inspection
Services.
[Amended by Ord. No. 692]
(1)
Violations. Whenever, upon inspection of any establishment or place regulated under §§ 12.05 to 12.07, the Public Health Administrator/Health Officer finds that conditions or practices exist which are in violation of such provisions, he shall issue a written order setting forth the character of the violation. This order, which may be served personally or by certified or registered mail to the operator of such establishment or place, shall direct him to correct such practices or conditions within a reasonable period of time, to be determined by the Public Health Administrator/Health Officer. Such order shall also contain the notification that if such practices or conditions have not been corrected within such period, the permit to operate such establishment shall be suspended.
(2)
Suspension of permit. If, at the end of such period of time, a reinspection by the Public Health Administrator/Health Officer reveals that such practices or conditions have not been corrected, he shall suspend the permit and give notice in writing to the operator that his permit has been suspended under §§ 12.05 to 12.07 of this chapter.
(3)
Hearing; permit revocation. Any person whose permit to operate an establishment or place regulated under §§ 12.05 to 12.07 has been suspended or who has received notice from the Public Health Administrator/Health Officer that his permit is to be suspended unless existing conditions or practices at his establishment are corrected may request and shall be granted a hearing on the matter before the Public Health Administrator/Health Officer. If no written petition for such hearing is filed in the office of the Public Health Administrator/Health Officer within 20 days following the day on which such permit was suspended and the violations have not been corrected, such permit shall be deemed to have been automatically revoked. Upon receipt of notice of permit revocation, the operator shall cease to operate the establishment. Upon receipt of a petition for a hearing, the Public Health Administrator/Health Officer shall, within 10 days, notify the petitioner of the date, time and place of the hearing. Following the hearing the Public Health Administrator/Health Officer shall sustain, modify or withdraw the notice of permit suspension or shall revoke the permit, as in his judgment is necessary to protect the public health, safety and welfare of the citizens of the Village, and shall notify the petitioner in writing of his decision.
[Amended by Ord. No. 692]
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 § 25.04 of this Code.
