Village of Greendale, WI Chapter 12 Licenses and Permits

[HISTORY: Adopted by the Village Board of the Village of Greendale as Ch. 12 of the Code of Ordinances. Amendments noted where applicable.]

12.01 License required; fee.

[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]

(1) Dog and cat licenses.

(a) Unaltered dogs and cats.

(b) Neutered male and spayed female dogs and cats.

(c) If five months of age after July 1 of license year and unaltered.

(d) If five months of age after July 1 of license year and altered.

(2) Kennels.

(3) Pet shops.

(4) Grooming establishments.

(5) Intoxicating liquor licenses.

(a) Retail "Class A."

(b) Retail "Class B."

(c) Reserve "Class B."

(d) Retail "Class C."

(6) Malt beverage licenses.

(a) Retail Class "A."

(b) Retail Class "B."

(c) Wholesaler.

(d) Agent's fee.

(e) Operator's license.

(f) Provisional operator's license.

(g) Temporary Class "B."

(h) Temporary operator's license.

(i) Temporary extension of licensed premises.

(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.

(12) Theaters and movies.

(a) Structures with seating capacity of fewer than 501 persons.

(b) Structures with seating capacity from 501 to 800 persons.

(c) Structures with seating capacity of more than 800 persons.

(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.

(a) Retail stores.

1. Gross food sales under $7,500.

2. Gross food sales $7,501 to $20,000.

3. Gross food sales $20,001 to $150,000.

4. Gross food sales over $150,000.

(b) Restaurants (full service).

1. Gross food sales under $20,000.

2. Gross food sales $20,001 to $150,000.

3. Gross food sales $150,001 to $250,000.

4. Gross food sales over $250,000.

(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.

(27) In use with mechanical devices:

(a) Jukebox.

(b) Mechanical amusement device.

(28) Tattoo and body piercing establishments.

(a) A nonrefundable license fee, plus the State of Wisconsin administrative fee, shall be submitted with the application.

(b) A one-time preinspection fee for each original tattoo or body piercing establishment license.

(29) Amusement arcade.

(30) Grand opening event.

(31) Duplicate license or permit.

(32) Electronic vaping devices: fee to be set by the Village Board by resolution and listed in the Village Fee Schedule.

[Added 8-1-2023 by Ord. No. 952; amended 3-19-2024 by Ord. No. 957]

[1] Editor's Note: The Fee Schedule is on file in the Village offices.

12.02 General provisions.

(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.

(a) Kennels.

(b) Pet shops.

(c) Grooming establishments.

(d) Laundromats.

(e) Transient merchants.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(f) Cigarette retailer license.

(g) Christmas tree license.

(h) Rummage and garage sales.

(i) Pigeons.

(j) Closing-out sale.

[Added by Ord. No. 577]

(k) Food establishments.

[Added by Ord. No. 628]

(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]

12.03 Intoxicating liquor and fermented malt beverages. [1]

[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) (Reserved)[2]

[2] Editor's Note: Former Subsection (5)(i), regarding delinquent taxes, assessments and claims, as amended, was repealed 5-7-2024 by Ord. No. 958.

(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.

[Amended 5-20-2008 by Ord. No. 840]

(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.

(b) Effect of revocation. See Subsection (5)(h) of this section.

(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] Editor's Note: See also Ch. 9, § 9.22, Regulation of intoxicants.

12.04 Animals. [1]

(1) 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]

APPROVED

Approval by the Public Health Administrator/Health Officer.

AT LARGE

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:

(a) 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

(b) It is properly restrained within a motor vehicle.

CAT

All domesticated members of Felis domestica.

DOG

All domesticated members of Canis familiaris.

DOMESTICATED

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.

GROOMING

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.

GROOMING ESTABLISHMENT

A business establishment wherein any domesticated bird or animal is received for grooming.

KENNEL

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.

OWNER

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.

PERSON

Any individual, firm or corporation.

PET SHOP

A business establishment where domesticated mammals, birds or reptiles are kept for sale, provided that a kennel shall not be included within this definition.

PUBLIC HEALTH ADMINISTRATOR/HEALTH OFFICER

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] Editor's Note: See also Ch. 9, § 9.08, Animals and fowl.

12.05 Kennels.

(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.

(i) Kennels shall be operated in accordance with the requirements set forth in § 12.06(3) and (4).

12.06 Pet shops.

(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.

12.07 Animal grooming establishments.

(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.

12.08 (Reserved) [1]

[1] Editor's Note: Former § 12.08, Pigeons, as amended, was repealed 12-5-2022 by Ord. No. 944.

12.09 Taxicabs and taxicab drivers.

(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.

(c) Duplicate plates. If a taxicab license plate is lost, the licensee shall secure a duplicate thereof by applying to the Clerk-Treasurer and paying the sum as provided in § 12.01.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(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.

(a) Required; fee. No person shall operate a taxicab unless he shall possess a taxi driver's license. The fee for such license shall be as provided in § 12.01.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(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.

(b) Appeals on revocation. See § 1.44 of this Code for procedure.

(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.

12.10 Laundromats.

(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.

12.11 Transient merchants.

[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) Definitions. In this section the following words have the meaning indicated:

CHARITABLE ORGANIZATION

Includes any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation or one purporting to be such.

CLERK-TREASURER

The Village Clerk-Treasurer.

MERCHANDISE

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.

PERMANENT MERCHANT

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.

TRANSIENT MERCHANT

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.

12.12 Theaters and movies.

(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.

(5) Hearing. See § 1.44 of this Code for procedures.

(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.

(7) License fee. The schedule of annual license fees under this section shall be as provided in § 12.01.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(8) Term of license. The license term shall be from July 1 to June 30, inclusive.

12.13 (Reserved) [1]

[1] Editor's Note: Original § 12.13 was repealed by Ord. No. 736.

12.14 (Reserved) [1]

[1] Editor's Note: Original § 12.14 was repealed 7-23-1999 by Ord. No. 768.

12.15 Cigarette retailers.

(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]

12.16 Rummage and garage sales.

(1) Definitions. The following words have the meaning indicated:

PERSONAL PROPERTY

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.

RUMMAGE SALE

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]

12.17 (Reserved) [1]

[1] Editor's Note: Original § 12.17 was repealed 7-23-1999 by Ord. No. 768.

12.18 Parades.

(1) Definitions. As used in this section, the following terms shall have the meaning indicated:

PARADE

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.

PERSON

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.

(c) Fee. A fee as provided in § 12.01 shall be paid at the time of filing the application for a parade permit. The Village Board may waive the fee for a parade permit.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(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]

12.19 Amusement arcades.

(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) Definitions. As used in this section, the following terms shall have the meaning indicated:

AMUSEMENT ARCADE

A place where more than four mechanical amusement devices are operated within one premises.

MECHANICAL AMUSEMENT DEVICE

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.

(c) The fee required to be paid in order to obtain a license for an amusement arcade shall be as provided in § 12.01.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(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.

12.20 Mechanical amusement devices.

(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) Definitions. As used in this section, the following terms shall have the meaning indicated:

JUKEBOX

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.

MECHANICAL AMUSEMENT DEVICE

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:

(a) Name and address of the applicant, age, date and place of birth.

(b) Place where machine or device is to be displayed or operated and the business conducted at that place.

(c) Description of the machine to be covered by the license, mechanical features, name of manufacturer and serial number.

(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.

12.21 Private alarm systems.

[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.

1. Registration fee: The fee shall be established from time to time by separate resolution of the Village Board.[1]

[Amended 1-17-2023 by Ord. No. 945]

[1] Editor's Note: The Fee Schedule is on file in the Village offices.

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]

[2] Editor's Note: Original § 12.21(2)(b)8, which immediately followed this subsection, was deleted at time of adoption of Code (see Code Adoption Ordinance). See Subsection (9), Government immunity, of this section.

(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.

2. Make every reasonable effort to have a responder to the alarm system's location within 30 minutes when requested by the law enforcement agency in order to:

a. Deactivate the alarm system.

b. Provide access to the alarm site; and/or

c. Provide alternative security for the alarm site.

(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.

1. The date and time law enforcement officers responded to the false alarm.

2. A statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid false alarms and resulting fees.

(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]

(a) An alarm user shall be subject to fees depending on the number of false alarms within a twelve-month period upon a schedule approved from time to time by separate resolution of the Village Board.[4]

[4] Editor's Note: The Fee Schedule is on file in the Village offices.

(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.

12.22 (Reserved) [1]

[1] Editor's Note: Original § 12.22, Closing out sales, which was added by Ord. No. 577, was deleted at time of adoption of Code (see Code Adoption Ordinance).

12.23 Food establishments.

See § 11.12 of this Code.

12.24 Pawnbrokers and secondhand article and jewelry dealers.

[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.

12.25 Annual fire prevention inspection fee.

[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.

(2) The annual fire prevention inspection fee shall be as set by the Village Board in the fee schedule on file at the office of the Village Clerk-Treasurer.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(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.

12.26 Tattooing and body piercing.

(1) Definitions. As used in this section, the following terms shall have the meaning indicated:

BRANDING

The burning of the skin with a hot tool, cauterizing laser or dry ice so that a mark is embedded in the deep tissue.

IMPLANTATION

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.

SCARIFICATION

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.

12.27 Grand opening events and going-out-of-business sales.

[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) Definitions. As used in this section, the following terms shall have the meanings indicated:

GOING-OUT-OF-BUSINESS SALE

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.

GRAND OPENING EVENTS

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.

(10) Fee. The business/applicant shall pay a grand opening event or going-out-of-business permit fee as provided in § 12.01 to offset Village costs incurred, including staff review time. This fee may be amended from time to time by the Board of Trustees by the passage of a resolution.

12.28 Electronic vaping devices.

[Added 8-1-2023 by Ord. No. 952; amended 3-19-2024 by Ord. No. 957; 9-3-2024 by Ord. No. 962; 12-3-2024 by Ord. No. 965; 7-15-2025 by Ord. No. 978]

(1) License required. No person shall sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any electronic vaping devices to any person without first obtaining a license from the Clerk. No business or retail entity shall store, keep, or maintain any electronic vaping devices on the premises of a business without first obtaining a license from the Clerk. No new license shall be issued to any business engaged in the sale of electronic vaping devices if it is located within 1,000 feet of a school. Any new license for a vape store, as defined in Section 17.03(2), must be within the M-1 Zoning District and first obtain a conditional use permit as outlined in Section 17.27(2).

(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 before the license is issued.

(3) Information required.

(a) The following information shall be provided with an application:

1. The applicant's history relevant to the applicant's fitness to hold a license.

2. The kind of license for which the applicant is applying.

3. The premises where electronic vaping devices will be sold or stored.

4. If the applicant is a corporation, the identity of the corporate officers and agent.

5. If the applicant is a limited-liability company, the identity of the company members or managers and agent.

6. The applicant's trade name, if any.

7. Whether the applicant will sell, exchange, barter, dispose of, or give away the electronic vaping devices over the counter or in a vending machine, or both.

8. Any other information required by the Department of Revenue.

(b) A license shall not be issued unless the applicant meets the following requirements:

1. Subject to §§ 111.321, 111.322, and 111.335, Wis. Stats., the applicant has not habitually been a law offender or been convicted of a felony unless pardoned.

2. The applicant has submitted the proof required under § 77.61(11), Wis. Stats.

(4) Records. Each licensed retailer shall keep complete and accurate records of all purchases and receipts of electronic vaping devices. 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.

(5) Restrictions on sale or gift of electronic vaping devices. 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 and shall apply to the sale of electronic vaping devices, as though set forth in full.

(6) Revocation. An electronic vaping devices license issued pursuant to this section shall be revoked if the licensed business or employee is convicted of sales to persons under the age established by the laws of the State of Wisconsin allowed to purchase electronic vaping devices three times within a two-year period. The date of conviction shall be used as the date for calculating the convictions within the two-year period. Revocation can also occur for violations of § 134.65(5), Wis. Stats., which is incorporated herein by reference.

(7) (Reserved)

(8) Display of license. An electronic vaping devices license shall be enclosed in a frame that has a transparent front that allows the license to be read clearly. The licensee shall conspicuously display the license for public inspection at all times in the room or place where the activity subject to licensure is carried out.

12.29 Special events.

[Added 1-21-2025 by Ord. No. 966]

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

SPECIAL COMMUNITY EVENT

Any planned event open to the public on public highways or streets in the Village, on public property, or property owned by the Village, including, but not limited to, processions, parades, runs, walks, marathons, bicycle races, block parties, transient or temporary public entertainment, festivals or celebrations, neighborhood events, and any event on public property that includes the issuance of a temporary alcohol license. Events held on public or private school grounds that are for normal school purposes are excluded from the definition of a "special community event." Use of Village-owned facilities or grounds for private purposes that is not open to the general public is not a special community event and is not regulated as such, though separate rental and use policies may apply and a permit may be required per § 19.01 of this Code.

SPECIAL GOVERNMENTAL EVENT

Any planned event organized by the Public Celebrations Committee or the Greendale School District that is open to the public, including, but not limited to, processions, parades, runs, walks, marathons, bicycle races, block parties, transient or temporary public entertainment, festivals or celebrations, neighborhood events, and any event that includes the issuance of a temporary alcohol license. Family Fourth Fest and Village Days, where the Village of Greendale serves as the primary applicant, shall be considered special governmental events. Events held on public or private school grounds that are for normal school purposes are excluded from the definition of a "special governmental event."

SPECIAL PRIVATE EVENT

Any planned event held solely on private property that involves one or more of the following: may require services by any Village department, includes the issuance of a temporary alcohol license; offers food to the public from a licensed vendor with a temporary setup; or includes the temporary installation or construction of structures such as tents, stages, or amusement rides. Events held on public or private school grounds that are for normal school purposes and events which are held on church or other religious institution grounds that are for normal religious purposes are not considered "special private events" unless they involve one or more of the following: services by any Village department, include the issuance of a temporary alcohol license; offer food to the public from a licensed vendor with a temporary setup; or include the temporary installation or construction of structures such as tents, stages, or amusement rides.

(2) Applications for a special governmental event, special community event or special private event. Applications for a special governmental event, special community event or special private event shall be made to the Village Clerk. If the application is complete with all required information, the Village Clerk shall then transmit the application for a special governmental event, special community event or special private event to the Public Celebrations Committee. The Public Celebrations Committee shall then review the application and make a recommendation to the Village Board concerning the intended special governmental event, special community event or special private event. The Village Clerk may require some or all of the following information to be included with an application for a special governmental event, special community event or special private event:

(a) Name and address. The name, address, and phone number of the applicant or agent to be contacted with regard to the application.

(b) Description of the property. Description of the property by:

1. Lot, block, and recorded subdivision or by metes and bounds.

2. Address of the subject site.

3. The zoning district within which the subject site lies.

4. Type of structure.

5. Type of special event proposed.

6. A word description of the existing and proposed operation and use of the structure or site, including any storage needs.

7. Proposed hours of operation.

8. Number of employees.

9. Proposed temporary signage.

10. A site plan (drawn to scale and dimensioned) indicating the type, size, and location of all existing structures, existing site features (including off-street parking and drives), location and extent of the proposed special governmental event, special community event or special private event, and signs (type, location, size, and height).

11. For nonresidential and multiple-family residential special governmental event, special community event or special private event, any other information pertinent to an adequate understanding of the intended special governmental event, special community event or special private event.

12. Any other information deemed appropriate by the Village Board, Village Manager, Zoning Administrator, or Village Clerk.

(3) Village staff review of application. The Village Clerk shall refer the application and related data to appropriate Village departments for their study and/or comment prior to the applicable meetings.

(4) General standards for special governmental events, special community events or special private events. No special governmental event, special community event or special private event permit shall be issued by the Village Board unless the following standards are met:

(a) Purposes and intent. The proposed special governmental event, special community event or special private event will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established.

(b) Adverse impact. The proposed special governmental event, special community event or special private event will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.

(c) Interference with surrounding development. The proposed special governmental event, special community event or special private event and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property according to the applicable zoning district regulations.

(d) Adequate facilities. The proposed special governmental event, special community event or special private event will be served adequately by streets, off-street or on-street parking, police and fire protection, refuse disposal, and other public facilities or the applicant will provide adequately for such facilities as well as provide for safe vehicular and pedestrian access and egress to the site.

(e) Traffic congestion. The proposed special governmental event, special community event or special private event will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets or upon residential property. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.

(f) Destruction of significant features. The proposed special governmental event, special community event or special private event will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

(g) Compliance with standards. The special governmental event, special community event or special private event shall, in all other respects, conform to the applicable dimensional regulations of the district in which it is located. The proposed special governmental event, special community event or special private event shall comply with all additional standards imposed on it.

(h) Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board upon due consideration of all recommendations received in the matter.

(5) Special governmental events. Special governmental events shall be required to receive a special governmental events permit and are subject to the approval of the Village Board. Where special governmental events may be permitted, the following specific standards apply:

(a) Access. The special governmental event use shall be located along and have direct vehicular access to a public street. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority, including the Wisconsin Department of Transportation, Milwaukee County, and/or the Village of Greendale.

(b) Location. The special governmental event shall be restricted to a clearly defined area as approved by the Village Board. Material for sale shall not be displayed, stored, sold, or located in any public street right-of-way (except as may be permitted by the Village Board). All materials for sale shall be stored and displayed in such a manner that they shall not fall upon a public sidewalk or public street. No Christmas trees shall be stored or displayed inside any building or within 15 feet of any building, gasoline pump, or motor vehicle.

(c) Hazardous and chemical materials. No hazardous and chemical materials that include explosives and blasting agents, flammable and combustible liquids, liquefied petroleum gas, and chemicals (including fertilizers) shall be located outdoors.

(d) Visibility. The location of the special governmental event on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard or obscure the public view of a neighboring business.

(e) Trash and debris. All trash and debris shall be removed or contained daily.

(f) Written consent required. Written consent from the owner, or authorized agent, of the property shall be provided.

(g) Signage. All signage shall be according to the Village of Greendale sign regulations and shall be approved by the Village Board. The following signs are hereby prohibited:

1. 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 that 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.

2. Inflatable advertising devices or signs (except as may be permitted by the Village Board).

3. Changeable copy and portable trailer signs, either fixed or moveable.

4. Banners which are temporary signs or devices of paper, fabric, plastic, or other flexible materials and are suspended by wires or poles to advertise a special event (except as may be permitted by the Village Board).

5. Statues and stuffed animals.

6. 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.

(h) Removal of materials. All materials shall be removed within 72 hours of the end of the operation.

(i) Blocking of ingress/egress routes prohibited. No such special governmental event shall block any permanent vehicular and/or pedestrian ingress and egress route or access aisle or drive (including entrances and/or exits to a site or building).

(j) Securing of sale items during hours of nonoperation. All items for sale shall be moved to an indoor secured location during hours of nonoperation.

(k) Duration. The duration of the permit for a special governmental event shall be determined by the Village Board.

(l) Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.

(m) Certificate(s) of insurance required. The applicant shall place on file with the Village Clerk, at least 10 days prior to the special governmental event, 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 special governmental event. Such insurance shall be in the minimal amount of $500,000 per person, $1,000,000 for each accident and $100,000 property damage.

(n) Hours of operation. Hours of operation are to be established by the Village Board.

(o) Fire hazards. All temporary sales areas shall be maintained in such a manner so as to eliminate insofar as possible any fire hazard.

(p) Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board, Plan Commission, Police Chief, Fire Chief, Health Department, and/or Zoning Administrator.

(q) Timing of decision and judicial review. All permit applications for special governmental events must be received at least 60 working days before the special governmental event is scheduled to begin, unless waived by the Village Manager due to exigent circumstances. All permits denied by the Village Board may be appealed to the Milwaukee County Circuit Court for review. If a special governmental event permit is not acted upon prior to the scheduled day of the event, the permit is deemed to be granted.

(r) Vendors. Event organizers must submit the proper paperwork for all vendors at events, ensure successful background checks for all vendors, and verify the necessary state documentation, including Wisconsin temporary event operator and seller information.

(s) Additional permits. The provisions of this Chapter 12 of the Village Code are not to the exclusion or prejudice of such other state, federal or local laws that may apply. The applicant is required to apply for and receive all other applicable permits required by law.

(6) Special community events. Special community events shall be required to receive a special community events permit and are subject to the approval of the Village Board. Where special community events may be permitted, the following specific standards apply:

(a) Access. The special community event use shall be located along and have direct vehicular access to a public street. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority, including the Wisconsin Department of Transportation, Milwaukee County, and/or the Village of Greendale.

(b) Location. The special community event shall be restricted to a clearly defined area as approved by the Village Board. Material for sale shall not be displayed, stored, sold, or located in any public street right-of-way (except as may be permitted by the Village Board). All materials for sale shall be stored and displayed in such a manner that they shall not fall upon a public sidewalk or public street. No Christmas trees shall be stored or displayed inside any building or within 15 feet of any building, gasoline pump, or motor vehicle.

(c) Hazardous and chemical materials. No hazardous and chemical materials that include explosives and blasting agents, flammable and combustible liquids, liquefied petroleum gas, and chemicals (including fertilizers) shall be located outdoors.

(d) Visibility. The location of the special community event on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard or obscure the public view of a neighboring business.

(e) Trash and debris. All trash and debris shall be removed or contained daily.

(f) Written consent required. Written consent from the owner, or authorized agent, of the property shall be provided.

(g) Signage. All signage shall be according to the Village of Greendale sign regulations and shall be approved by the Village Board. The following signs are hereby prohibited:

1. 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 that 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.

2. Inflatable advertising devices or signs (except as may be permitted by the Village Board).

3. Changeable copy and portable trailer signs, either fixed or moveable.

4. Banners which are temporary signs or devices of paper, fabric, plastic, or other flexible materials and are suspended by wires or poles to advertise a special event (except as may be permitted by the Village Board).

5. Statues and stuffed animals.

6. 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.

(h) Removal of materials. All materials shall be removed within 24 hours of the end of the operation.

(i) Blocking of ingress/egress routes prohibited. No such special community event shall block any permanent vehicular and/or pedestrian ingress and egress route or access aisle or drive (including entrances and/or exits to a site or building).

(j) Securing of sale items during hours of nonoperation. All items for sale shall be moved to an indoor secured location during hours of nonoperation.

(k) Duration. The duration of the permit for a special community event shall be determined by the Village Board.

(l) Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.

(m) Certificate(s) of insurance required. The applicant shall place on file with the Village Clerk, at least 10 days prior to the special community event, 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 special community event. Such insurance shall be in the minimal amount of $500,000 per person, $1,000,000 for each accident and $100,000 property damage.

(n) Hours of operation. Hours of operation are to be established by the Village Board.

(o) Fire hazards. All temporary sales areas shall be maintained in such a manner so as to eliminate insofar as possible any fire hazard.

(p) Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board, Plan Commission, Police Chief, Fire Chief, Health Department, and/or Zoning Administrator.

(q) Permit fee. The applicant shall pay a special community event permit fee prior to any permit being effective, in the amount specified in the Village Fee Schedule, except as described herein. In addition, the recipient of a special community event permit shall be required to reimburse the Village for any Village services for actual costs incurred related to the special community event, including, but not limited to, Village staff time (inclusive of wages and benefits) related to the event and replacement or repair costs related to use of Village-owned equipment or materials as listed in the Village Fee Schedule.

(r) Timing of decision and judicial review. All permit applications for special community events must be received at least 60 working days before the special community event is scheduled to begin, unless waived by the Village Manager due to exigent circumstances. All permits denied by the Village Board may be appealed to the Milwaukee County Circuit Court for review. If a special community event permit, properly and timely applied for, is not acted upon prior to the scheduled day of the event, the permit is deemed to be granted.

(s) Vendors. Event organizers must submit the proper paperwork for all vendors at events, ensure successful background checks for all vendors, and verify the necessary state documentation, including Wisconsin temporary event operator and seller information.

(t) Additional permits. The provisions of this Chapter 12 of the Village Code are not to the exclusion or prejudice of such other state, federal or local laws that may apply. The applicant is required to apply for and receive all other applicable permits required by law.

(7) Special private events. Special private events as defined herein shall be required to receive a special private event permit and are subject to the approval of the Village Board. Where special private events may be permitted, the following specific standards apply:

(a) Hazardous and chemical materials. No hazardous and chemical materials that include explosives and blasting agents, flammable and combustible liquids, liquefied petroleum gas, and chemicals (including fertilizers) shall be located outdoors.

(b) Visibility. The location of the special private event on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard or obscure the public view of a neighboring business.

(c) Trash and debris. All trash and debris shall be removed or contained daily.

(d) Written consent required. Written consent from the owner, or authorized agent, of the property shall be provided.

(e) Securing of sale items during hours of nonoperation. All items for sale shall be moved to an indoor secured location during hours of nonoperation.

(f) Duration. The duration of the permit for a special private event shall be determined by the Village Board.

(g) Hours of operation. Hours of operation are to be established by the Village Board.

(h) Permit fee. The applicant shall pay a special private event permit fee prior to any permit being effective, in the amount specified in the Village Fee Schedule, except as described herein. In addition, the recipient of a special private event permit shall be required to reimburse the Village for any Village services for actual costs incurred related to the special private event, including, but not limited to, Village staff time (inclusive of wages and benefits) related to the event and replacement or repair costs related to use of Village-owned equipment or materials as listed in the Village Fee Schedule.

(i) Timing of decision and judicial review. All permit applications for special private events must be received at least 60 working days before the special private event is scheduled to begin. All permits denied by the Village Board may be appealed to the Milwaukee County Circuit Court for review. If a special private event permit, properly and timely applied for, is not acted upon prior to the scheduled day of the event, the permit is deemed to be granted.

(j) Vendors. Event organizers must submit the proper paperwork for all vendors at events, ensure successful background checks for all vendors, and verify the necessary state documentation, including Wisconsin temporary event operator and seller information.

(k) Additional permits. The provisions of this Chapter 12 of the Village Code are not to the exclusion or prejudice of such other state, federal or local laws that may apply. The applicant is required to apply for and receive all other applicable permits required by law.

(8) Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Public Celebrations Committee and Village Board shall consider the following:

(a) Public benefit. Whether and to what extent the proposed special governmental event, special community event or special private event at the particular location requested is necessary or desirable to provide a service that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.

(b) Alternative locations. Whether and to what extent such public benefit goals can be met by the location of the proposed special governmental event, special community event or special private event at another site or in another area that may be more appropriate than the proposed site.

(c) Mitigation of adverse impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed event on the immediate vicinity through site design and screening.

(9) Conditions on permits for a special governmental event, special community event or special private event. The Village Board may impose upon the premises benefited such conditions and limitations concerning use, location, maintenance, screening, operation, hours of operation (except as may be allowed by other federal, state, or county requirements) and other matters relating to the purposes and objectives of this section. The conditions and/or limitations imposed shall be as the Village Board deems may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property or upon such public facilities and services, to protect the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the special governmental event, special community event or special private event permits. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the certificate of occupancy for a special governmental event, special community event or special private event.

(10) Effect of issuance of a permit for a special governmental event, special community event or special private event. The granting of a permit for a special governmental event, special community event or special private event shall not authorize the establishment or extension of any such special governmental event, special community event or special private event as a permanent use nor the development, construction, reconstruction, alteration, or moving of any building or structure but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the ordinances of the Village of Greendale, including but not limited to building permit, zoning certificate, certificate of occupancy, land division approval, site plan approval, or other type of permit or approval. The granting of a permit for a special governmental event, special community event or special private event shall not be deemed as precedent setting.

(11) Limitations on permits for a special governmental event, special community event or special private event.

(a) Time limitations. Subject to an extension of time granted by the Village Board.

(b) Special governmental event, special community event or special private event discontinuance. A permit for a special governmental event, special community event or special private event shall be deemed to authorize only the particular special governmental event, special community event or special private event for which it was issued. Such a permit for a special governmental event, special community event or special private event shall automatically expire and cease to be of any force or effect if such event shall be discontinued.

(12) Amendments to permit for a special governmental event, special community event or special private event. A permit for a special governmental event, special community event or special private event may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for the original approval of a special governmental event, special community event or special private event.

(13) Review of permit for a special governmental event, special community event or special private event. An existing permit for a special governmental event, special community event or special private event may be reviewed by the Village as follows:

(a) The Village Manager may review and revise or revoke a permit for a special governmental event, special community event or special private event if any of the following determinations are made by the Village Manager:

1. The special governmental event, special community event or special private event has not continued in conformity with the Village's conditions of approval of the permit for a special governmental event, special community event or special private event or with any subsequent amendments to the permit for a special governmental event, special community event or special private event.

2. Violations of other statutes, ordinances, or laws.

3. A change in the character of the surrounding area or in the special governmental event, special community event or special private event itself which has caused the special governmental event, special community event or special private event to become incompatible with the surrounding uses.

(b) The determination of a review for revocation of a granted permit for a special governmental event, special community event or special private event shall be made by the Village Manager after due notice to the applicant, property owner, occupant, or agent as indicated on the application for a special governmental event. Special community event or special private event as to the reason(s) for the review and an opportunity to be heard.

(c) Upon review for revocation of the permit for a special governmental event, special community event or special private event, the Village Manager may take no action, revise the permit for a special governmental event, special community event or special private event, specify additional conditions to be added to the permit for a special governmental event, special community event or special private event, or may terminate the permit for a special governmental event, special community event or special private event.

(d) All permits revoked or revised by the Village Manager may be appealed to the Village Board for review.

12.99 Enforcement.

[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.

12.100 Violations and penalties.

[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.