(1)
Licenses or permits required. No person shall engage in any trade,
profession, business or privilege in the Village for which a license
or permit is required by any provision of this Code without first
obtaining such license or permit from the Village in the manner provided
in this chapter, unless otherwise specifically provided.
(2)
Application. Unless otherwise provided, application for a license
or permit shall be made in writing to the Clerk-Treasurer upon forms
provided by the Clerk-Treasurer and the applicant shall state the
location of the proposed activity and such other facts as may be required
for or be applicable to the granting of such license or permit.
(3)
Payment of fee. The fees for any license or permit shall be paid
at the office of the Clerk-Treasurer with the application for such
license or permit.
(4)
Proration or refund of license fee. Except as otherwise prohibited
by law, initial license fees shall be prorated, but no fee shall be
refunded unless the license is denied.
(5)
Form. Licenses and permits shall show the name of the licensee or
permittee, the date of issue, the activity licensed and the term of
the license or permit, and shall be signed in the name of the Village
by the Clerk-Treasurer. The Clerk-Treasurer shall keep a record of
all licenses and permits issued.
(6)
License and permit term.
(a)
Unless otherwise provided, the term of the license year shall
end on June 30 of each year.
(b)
When the issuance of a license for a period of less than one
year is permitted, the effective date of such license shall commence
with the date of issuance.
(c)
Permits shall be issued for the term set forth in the permit.
(d)
The issuance of any license described in this chapter, whether
subsequent to an initial grant or any license renewal application
process, shall be subject to the payment in full of all current and
outstanding Village taxes, utility charges, assessments and forfeitures.
An applicant who disputes any such tax, charge, assessment or forfeiture
payment shall notify the Clerk-Treasurer of such objection. The Clerk-Treasurer
shall then provide the person with reasonable notice and an opportunity
to be heard by the Village Board acting as a committee of the whole
why such license should be issued.
[Added by Ord. No. 232]
(7)
Exhibition of licenses or permits. Every licensee or permittee shall
carry his license or permit upon his person at all times when engaged
in the activity for which the license or permit was granted, except
that where such activity is conducted at a fixed place or establishment,
the license or permit shall be exhibited at all times in some conspicuous
place in his place of business. The licensee or permittee shall exhibit
the license or permit when applying for a renewal and upon demand
of any police officer or person representing the issuing authority.
(8)
Transfer. Unless otherwise provided, no license or permit shall be
transferable or assignable.
(9)
Renewal. Unless otherwise provided, license or permit renewals shall
be issued in the same manner and be subject to the same conditions
as the original license or permit.
(10)
Suspension and revocation of licenses and permits. Except as otherwise
specifically provided, any license or permit granted under this chapter
may be suspended or revoked by the Village Board for cause after giving
the licensee or permittee an opportunity to be heard, as provided
by law. Cause may include the following:
(a)
Fraud, misrepresentation or incorrect statement contained in
the application or made in carrying on the licensed or permitted activity.
(b)
Conviction of any crime or misdemeanor, subject to § 111.32(5)(a)
and (h), Wis. Stats.
(c)
Conducting such activity in such manner as to constitute a breach
of the peace or a menace to the health, safety or welfare of the public,
or a disturbance of the peace or comfort of residents of the Village
upon recommendation of the appropriate Village official.
(d)
Expiration or cancellation of any required bond or insurance.
(e)
Actions unauthorized or beyond the scope of the license or permit
granted.
(f)
Violation of any regulation or provision of this Code applicable
to the activity for which the license or permit has been granted,
or any regulation or law of the State so applicable.
(g)
Failure to continuously comply with all conditions required
as precedent to the approval or issuance of the license or permit.
[Amended by Ord. No. 232]
(1)
State statutes adopted. The provisions of Ch. 125, Wis. Stats., relating
to the sale of intoxicating liquor and fermented malt beverages, except
§§ 125.03, 125.14(4), 125.15, 125.16, 125.19, 125.20,
125.29, 125.30, 125.33, 125.52, 125.53, 125.54, 125.55, 125.56, 125.58,
125.59, 125.60, 125.61, 125.62, 125.65, 125.67 and 125.69, exclusive
of any provisions thereof relating to the penalty to be imposed or
the punishment for violation of said Statutes, are hereby adopted
and made a part of this section by reference. A violation of any such
provision, or future amendments thereto, shall constitute a violation
of this section.
(3)
License application. Application for a license to sell or deal in
alcohol beverages shall be made in writing on the form prescribed
by § 125.04(3), Wis. Stats., and shall be filed together
with the cost of publication as provided by § 125.04(3)(g)6.,
Wis. Stats., with the Clerk-Treasurer not less than 15 days prior
to the granting of the license. However, applications for licenses
to be issued under §§ 125.26(6) and 125.51(4m), Wis.
Stats., shall be filed with the Clerk-Treasurer not less than three
days prior to the granting of the license. Further, as a condition
of granting an operator's license, the applicant shall permit the
Village to secure from the Federal Bureau of Investigation and the
Wisconsin Crime Information Bureau a record check of the applicant.
No license shall be issued until the fee has been paid.
(4)
Application investigation. The Clerk-Treasurer shall notify the Chief
of Police and the Fire Chief of each new license and permit application
and these officials shall review such application and inspect, or
cause to be inspected, the premises to determine whether the applicant
and the premises sought to be licensed comply with the regulations,
ordinances and laws applicable thereto. These officials shall furnish
to the Village Board, in writing, the information derived from such
investigation. No license or permit provided for in this section shall
be issued without the approval of a majority of the Village Board,
and no license shall be renewed without a report from the Chief of
Police.
(5)
License fees. The fees for issuance of fermented malt beverage and
intoxicating liquor licenses shall be as follows:
(a)
Class "A" fermented malt beverage license: $50 per year. See
§ 125.25, Wis. Stats.
[Amended 8-5-2013 by Ord. No. 240-2013]
(b)
Class "B" fermented malt beverage license: $100 per year or
$75 for six months; a six-month license may not be renewed in the
same calendar year. See § 125.26, Wis. Stats.
(c)
Temporary Class "B" licenses.
1.
Picnic license, beer: $10 per occasion. Issued to organizations
enumerated in § 125.32(4)(a)7., Wis. Stats., to sell or
serve fermented malt beverages at a picnic, meeting or gathering.
See also § 125.26(6), Wis. Stats.
2.
Picnic license, wine: $10 per day, except that no fee shall
be charged in the event a license under subpar. 1. above is simultaneously
issued. Issued to organizations enumerated in § 125.32(4)(a)7.,
Wis. Stats., to sell or serve wine at a picnic, meeting or gathering.
See § 125.51(10), Wis. Stats.
[Amended by Ord. No. 157]
3.
Annual quota. No more than two licenses may be issued to any
one organization in any twelve-month period.
[Amended by Ord. No. 157]
(d)
"Class A" intoxicating liquor license: $250 per year. See § 125.51(2),
Wis. Stats.
[Amended 8-5-2013 by Ord. No. 240-2013]
(e)
"Class B" intoxicating liquor license: $500 per year, except
the license fee for bona fide clubs and lodges situated and incorporated
or chartered in the State for at least six years shall be $50 per
year, as provided in § 125.51(3)(e), Wis. Stats.
1.
A license may be issued after July 1 in any license year. The
license shall expire on the following June 30. The fee for the license
shall be prorated according to the number of months or fraction thereof
remaining until the following June 30.
2.
Licenses valid for six months may be issued at any time. The
fee for the license shall be 50% of the annual license fee. The license
may not be renewed during the calendar year in which issued.
(f)
Wholesalers fermented malt beverage license: $25 per year or
fraction thereof. See § 125.51(2), Wis. Stats.
(f1)
"Class C" wine license: $100 per year. Issued to
restaurants for the sale of wine by the glass. Sale of alcohol beverages
must account for less than 50% of gross receipts and no bar room is
permitted if Village's "Class B" quota prohibits the issuance of a
"Class B" license. See § 125.51(3m), Wis. Stats.
[Added by Ord. No. 126]
(g)
Operator's license: $20 per year or fraction thereof. See § 125.17(3),
Wis. Stats. Effective July 1, 1991, no new operator's license shall
be granted unless the applicant has successfully completed a VTAE
responsible beverage server training course or is otherwise exempt
from such requirement under § 125.17(6)(a), Wis. Stats.
The Clerk-Treasurer may issue a provisional operator's license to
a person who is enrolled in said training course and shall revoke
such license if the applicant fails to successfully complete the course.
Operators' licenses shall be issued to any applicant qualified under
§ 125.04(5), Wis. Stats.
[Amended by Ord. No. 157; 8-5-2013 by Ord. No. 240-2013]
(h)
Provisional operator's license: $15 for up to 60 days, as provided
in § 125.17(5)(c) and (d)(1), Wis. Stats.
[Amended 8-5-2013 by Ord. No. 240-2013]
(i)
Temporary operator's license: $15 for up to 14 days, as provided
in § 125.17(4)(a) and (c), Wis. Stats.
[Amended 8-5-2013 by Ord. No. 240-2013]
(j)
Transfer of license to another premises: $10.
(6)
Operator's license. All applications for an annual operator's license
shall be filed in the office of the Clerk-Treasurer on or before May
31 of each year, provided that nothing shall prevent the Village Board
from granting any license which is applied for at least five working
days before a Village Board meeting at any other time for a fraction
of the year for the annual fee.
(7)
License required. No person shall vend, sell, deal or traffic in,
or, for the purpose of evading any law or ordinance, give away any
liquor or fermented malt beverages, or cause the same to be done,
without having procured a license as provided in this section nor
without complying with all provisions of this section, and all Statutes,
ordinances and regulations applicable thereto. A license shall be
required for each stand, place, room or enclosure or for each suite
of rooms or enclosures which are in direct connection or communication
to each other where liquor and fermented malt beverages are kept,
sold or offered for sale.
(8)
Qualifications for licenses and permits.
(a)
Natural persons. Licenses related to alcohol beverages, issued
to natural person under this section, may be issued only to persons
who:
1.
Do not have an arrest or conviction record, subject to §§ 111.321,
111.322 and 111.335, Wis. Stats.
2.
Have been residents of this State continuously for at least
one year prior to the date of filing the application for license,
except that Class B licenses may be issued to a person who has been
a resident of the State continuously for 90 days prior to the date
of the application.
3.
Have attained the legal drinking age, except that operators'
licenses may be issued to any person who has attained the age of 18.
(b)
Criminal offenders. No license or permit related to alcohol
beverages may, subject to §§ 111.321, 111.322 and 111.335,
Wis. Stats., be issued under this section to any natural person who
has been convicted of a felony unless the person has been duly pardoned.
(c)
Corporations. No license or permit may be issued to any corporation
unless the agent of the corporation appointed under § 125.04(6),
Wis. Stats., and the officers and directors of the corporation meet
the qualifications of pars. (a)1. and 3. and (b) above, except that
par. (a)2. does not apply to agents.
(9)
"Class B" liquor license quota. The number of "Class B" liquor licenses
to be issued hereunder is limited to the number permitted under § 125.51(4),
Wis. Stats.
(10)
License conditions and restrictions. In addition to the conditions
and restrictions imposed by State law on the granting of Class B fermented
malt beverage licenses and intoxicating liquor licenses hereunder,
the following conditions and restrictions shall apply:
(a)
Consent to inspection of premises. It shall be a condition of
any license issued hereunder that the licensed premises may be entered
and inspected at any reasonable hour by any police officer of the
Village without any warrant, and the application for a license hereunder
shall be deemed a consent to this provision. If such inspection is
denied, such denial shall be deemed a violation of this section.
(b)
Violation by agents or employees. A violation of this section
by a duly authorized agent or employee of a licensee shall constitute
a violation of the licensee.
(c)
Sales to underage persons restricted. No alcohol beverage shall
be sold, dispensed, given away or furnished to any underage person
unless accompanied by a parent, guardian or spouse who has attained
the legal drinking age.
(d)
Sales by clubs. No club shall sell intoxicating liquors or fermented
malt beverages except to members and guests invited by members.
(e)
Commencement of operations. Within 90 days after the issuance
of a "Class B" intoxicating liquor license or a Class "B" fermented
malt beverage license, the licensee shall be open for business with
adequate stock and equipment. Upon his failure to do business within
such time, his license shall be subject to revocation by the Village
Board after a public hearing. The Village Board may, for a good cause
shown, extend such 90 day period.
(f)
Cessation of operations. If any licensee shall suspend or cease
doing business for 90 consecutive days or more, his Class B intoxicating
liquor license and fermented malt beverage license shall be subject
to revocation by the Village Board after a public hearing. The Village
Board may, for a good cause shown, extend such ninety-day period.
(g)
Transfer of license. No license shall be transferable from person
to person except as provided in § 125.04(12)(b), Wis. Stats.,
or from place to place, except as provided in § 125.04(12)(a),
Wis. Stats.
(h)
Location of premises restricted. No retail Class B 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 the main
entrance of such school, church or hospital to the main entrance to
such premises. This paragraph shall not apply to premises so licensed
on June 30, 1947.
(i)
Safety and health requirements. No retail Class B license shall
be issued unless the premises to be licensed conform to the sanitary,
safety and health requirements of the State Building Code, the State
Plumbing Code and the rules and regulations of the State Department
of Health and Social Services applicable to restaurants, and also
shall conform to all ordinances and regulations of the Village.
(j)
Operator on duty required. The licensee, a member of his immediate
family or a licensed operator must be present at all times in the
immediate area open to the public where alcohol beverages are being
served.
(k)
Village taxes and claims. No license shall be granted for operation
on any premises upon which any outstanding Village taxes, utility
charges, assessments and forfeitures are delinquent and unpaid.
[Amended by Ord. No. 232]
(l)
Disorderly conduct and gambling prohibited. Each licensed 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.
(m)
Posting of licenses required. Licenses or permits issued under
this section shall be posted and displayed as provided in § 125.04(10),
Wis. Stats., and any licensee or permittee who shall fail to post
his license or permit as therein required shall be presumed to be
operating without a license.
(11)
Closing hours. No premises for which an alcohol beverage license
has been issued shall remain open for the sale of alcohol beverages,
as follows:
(a)
Wholesale license: between 5:00 p.m. and 8:00 a.m., except Saturdays
when the closing hour shall be 9:00 p.m.
(b)
Retail Class "A" license: between 12:00 midnight and 6:00 a.m.
[Amended 7-2-2012 by Ord. No. 235-2012]
(c)
Retail "Class A" license: between 9:00 p.m. and 6:00 a.m.
[Amended 7-2-2012 by Ord. No. 235-2012]
(d)
Retail Class B license: no premises shall be open for the sale
of intoxicating liquor or fermented malt beverage between the hours
of 2:00 a.m. to 6:00 a.m., except on Saturday and Sunday the closing
hour shall be 2:30 a.m.; on January 1 there are no closing hours.
(e)
Hotels and restaurants: hotels and restaurants, the principal
business of which is the furnishing of food and/or lodging to patrons,
shall be permitted to remain open after closing hours for the conduct
of regular business, but shall not sell intoxicating liquors or malt
beverages during the closing hours stated in par. (d) above.
(f)
Presence on premises after closing hour restricted.
1.
Any person who is not an employee of the licensee who remains
on the premises after the designated closing hour is subject to the
penalties as provided in this chapter.
2.
Any person, while on the premises after closing hours, must
be actively engaged in bona fide business activities and may not consume
alcohol beverages.
(12)
Nude dancing in licensed establishments.
[Amended by Ord. No. 159]
(a)
Intent. The Village Board recognizes it lacks authority to regulate
obscenity in light of § 66.0107(3), Wis. Stats., and does
not intend by adopting this subsection to regulate obscenity; since
nudity in and of itself is not obscene, it declares its intent to
enact this subsection addressing the secondary effects of live, totally
nude, non-obscene erotic dancing in bars and taverns.
(b)
Prohibited. It is unlawful for any person to perform or engage
in or for any licensee or manager or agent of the licensee to permit
any person, employee, entertainer or patron to perform or engage in
any live act, demonstration, dance or exhibition on the premises of
a licensed establishment which:
(c)
Exemptions. The provisions of this subsection do not apply to
licensed establishments such as theaters, performing arts center,
civic centers and dinner theaters where live dance, ballet, music
and dramatic performances of serious artistic merit are offered on
a regular basis and in which the predominant business or attraction
is not the offering to customers of entertainment which is intended
to provide sexual stimulation or sexual gratification to such customers
and where the establishment is not distinguished by an emphasis on,
or the advertising or promotion of, employees engaging in nude erotic
dancing.
(d)
Definitions. The terms used herein are defined as follows:
(e)
Penalties. Any person, partnership or corporation who violates
any of the provisions of this subsection shall be subject to a forfeiture
as provided in sec. 25.04 of this Code. A separate offense and violation
shall be deemed committed on each day on which a violation occurs
or continues. In addition, violation of this subsection constitutes
sufficient grounds for suspending, revoking or nonrenewing an alcohol
beverage license under § 125.12, Wis. Stats.
(13)
Possession and consumption of alcohol beverages restricted.
(a)
Possession outside taverns or picnic areas prohibited. No person
shall consume alcohol beverages or carry about an open container of
alcohol beverages on public or private property held out for use of
the public outside a licensed tavern or off the premises of an established
picnic area where such possession and consumption is permitted. This
section shall not be construed so as to prevent consumption of alcohol
beverages outside private residences on private property in such a
manner as is normally associated with use at a private home or residence.
(b)
Special events. The Village Board may grant permits for consumption
in designated areas during special occasions in connection with picnic
beer licenses.
(c)
Special permits. Special permits for consumption of alcohol
beverages in designated areas on tavern premises may be granted, i.e.,
horseshoe pits with direct access to and from the designated area
(to/from tavern) without infringing on neighboring property or public
property.
(d)
Parked vehicles. No person shall consume any alcohol beverages
while in a vehicle parked on a public thoroughfare or any public parking
lot.
(e)
Open containers in vehicles prohibited. No person shall possess
or permit to be possessed in any moving or parked vehicle under his
control any open container of alcohol beverages.
(14)
Sale of Class B packaged goods.
(a)
Sale restrictions. Pursuant to § 125.51(3)(b), Wis.
Stats., no person may sell intoxicating liquor in an original unopened
package, container or bottle for consumption away from the premises
in excess of four liters at any one time on any premises for which
any "Class B" intoxicating liquor license or combination Class B alcohol
beverage license has been issued. However, packaged goods sales of
fermented malt beverages and wine from such premises may be made in
any quantity.
(b)
Hours of sale. Between the hours of 12:00 midnight and 8:00
a.m., no person may sell any packaged goods from any Class B licensed
premises.
(15)
Underage person; presence in places of sale.
(a)
Restrictions. Pursuant to § 125.07(3), Wis. Stats.,
an underage person not accompanied by his parent, guardian or spouse
who has attained the legal drinking age may not enter or be on any
premises for which a license or permit for the retail sale of alcohol
beverages has been issued, for any purpose except the transaction
of business pertaining to the licensed premises with or for the licensee
or his employee. The business may not be amusement or the purchase,
receiving or consumption of edibles or beverages or similar activities
which normally constitute activities of a customer of the premises.
(b)
Exceptions. Paragraph (a) above shall not apply to:
1.
An underage person who is a resident, employee, lodger or boarder
on the licensed premises.
2.
Licensed restaurants where the principal business is that of
a restaurant.
3.
A person who is at least 18 years of age and who is working
under a contract with the licensee to provide entertainment for customers
on the premises.
4.
An underage person who enters on Class "B" or "Class B" premises
on dates specified by the licensee when no alcohol beverages will
be consumed, sold or given away. The licensee shall notify the Police
Department of such specified dates; unless all alcohol beverages are
stored in a locked portion of the premises, the licensee or a licensed
operator must be on the premises at all times.
(16)
Underage person; consumption and possession of alcohol beverages.
(a)
Restrictions. Pursuant to § 125.07(4)(b) and (bm),
Wis. Stats., no underage person not accompanied by a parent, guardian
or spouse who has attained the legal drinking age may knowingly possess
or consume alcohol beverages.
(b)
Exceptions. An underage person may possess alcohol beverages
if employed by any of the following:
1.
A brewer.
2.
A fermented malt beverages wholesaler.
3.
A permittee other than a Class "B" or "Class B" permittee.
4.
A facility for the production of alcohol fuel.
5.
A retail licensee or permittee under the conditions specified
in §§ 125.32(2) or 125.68(2), Wis. Stats., or for delivery
of unopened containers to the home or vehicle of a customer.
(c)
Selling or serving alcohol beverages. Pursuant to §§ 125.32(2)
and 125.68(2), Wis. Stats., any underage person who is at least 18
years of age may sell or serve alcohol beverages on any Class B premises,
provided that such underage person is under the immediate supervision
of the licensee, agent or manager, or a licensed operator, who is
on the premises at the time of such sale or service.
(17)
Revocation and suspension of licenses.
[Amended by Ord. No. 157]
(a)
Procedure. Except as hereinafter provided in subpars. 1. and
2. below, the provisions of § 125.12(2) and (3), Wis. Stats.,
shall be applicable to proceedings for revocation or suspension of
licenses or permits granted under this section. Revocation or suspension
proceedings may be initiated upon written complaint by the Village
President or the Police Department or by the Village Board upon its
own motion.
[Amended by Ord. No. 176]
1.
No license shall be suspended, revoked or nonrenewed for a single
violation of serving an underage person in a one-year period and no
more than one citation may be issued for a single violation.
2.
Pursuant to §§ 945.03(2m), 945.04(2m) and 945.04(11),
Wis. Stats., no Class "B" license or "Class B" license shall be suspended,
revoked or nonrenewed for possession of up to five video gambling
machines on such premises.
(b)
Repossession of license or permit. Whenever any license or permit
shall be revoked or suspended pursuant to this subsection, the Clerk-Treasurer
shall notify the licensee or permittee and the Chief of Police of
such revocation or suspension and the Chief of Police or his designee
shall take physical possession of the license or permit wherever it
may be found and file it in the office of the Clerk-Treasurer.
(c)
Effect of revocation of license. No license shall be issued
for any premises if a license covering such premises has been revoked
within six months prior to application. No license shall be issued
to any person who has had a license issued pursuant to this section
revoked within 12 months prior to application.
(1)
Required. No person shall sell cigarettes in the Village without
first obtaining a license from the Clerk-Treasurer. The provisions
of § 134.65, Wis. Stats., are hereby adopted and made a
part of this section by reference.
(2)
License fee. The license fee shall be $50 per year. See § 134.65(2)(a),
Wis Stats.
[Amended by Ord. No. 158; 8-5-2013 by Ord. No. 240-2013]
(1)
Definitions.
(a)
PEDDLER — A person who goes from place to place within
the Village offering for sale property which he carries with him.
It includes vendors who distribute their products to regular customers
on established routes.
(b)
CANVASSER or SOLICITOR — A person who goes from place
to place within the Village soliciting orders for the future delivery
of property or for services to be performed in the future. It does
not include any person who occupies any place within the Village for
the purpose of exhibiting samples and taking orders for future delivery.
(c)
TRANSIENT MERCHANT — A person who engages, at a fixed
location in the Village, in the temporary business of selling property
at such location. It does not include a person who does not sell from
stock, but exhibits samples for the purpose of securing orders for
future delivery only. It includes a person who associates temporarily
with any local business or conducts business in the name of a local
merchant, dealer or auctioneer.
(2)
License required. Except as provided by sub. (3) below, no person
shall conduct any of the activities enumerated in sub. (1) above without
a license therefor, as provided by this section.
(3)
Exemptions. No license shall be required hereunder of the following:
(a)
Persons selling personal property at wholesale to dealers in
such articles.
(b)
Newsboys.
(c)
Children under 18 years of age who are residents of the Village.
(d)
Merchants or their employees delivering goods in the regular
course of business.
(e)
Farmers or truck gardeners offering to sell the products of
the farm or garden occupied and cultivated by them.
(f)
A veteran holding a special State license under § 440.51,
Wis. Stats., but he shall comply with subs. (7) through (11) below.
(g)
Any person soliciting for charitable, religious, patriotic or
philanthropic purposes where the proceeds thereof are devoted solely
to the purposes of the organization, but shall comply with subs. (8),
(10) and (11) below.
(h)
Sales required by statutes or order of a court.
(i)
Bona fide auction sales conducted pursuant to law.
(4)
Investigation fee. At the time of filing the application, the applicant
shall pay to the Clerk-Treasurer $25 to cover the cost of investigation
of the facts stated in the application.
[Amended 8-5-2013 by Ord. No. 240-2013]
(5)
Investigation. The Chief of Police shall cause the applicant and
the facts stated in the application to be investigated and shall,
within five days, return the application to the Clerk-Treasurer with
his endorsement approving or disapproving the application.
(6)
Bond.
(a)
When required. Every applicant who is not a resident of Polk
County or who represents a firm whose principal place of business
is located outside of the State shall file with the Clerk-Treasurer
a surety bond in the amount of $500, approved by the Village President,
conditioned that the applicant will comply with all provisions of
the ordinances of the Village and State laws regulating peddlers,
canvassers, solicitors and transient merchants, and guaranteeing to
any person doing business with the licensee that all money paid as
a down payment will be accounted for and applied according to the
representations of the licensee; and further guaranteeing that property
purchased for future delivery will be delivered according to the representations
of the licensee.
(b)
Action on bond. Action on such bond may be brought by any person
aggrieved.
(7)
Excessive noise prohibited. No person licensed hereunder shall, in
hawking his wares, create any noise annoying to a person of ordinary
sensibilities.
(8)
Use of streets. No licensee shall use the public streets or sidewalks
for purposes of sales in such a manner as to impede or inconvenience
the public use of the streets or sidewalks.
(9)
Display of license. Any person licensed hereunder shall carry his
license with him while engaged in licensed activities and shall, upon
request, display such license to any officer of the Village or any
person with whom he seeks to do business.
(10)
Hours restricted. No person licensed hereunder shall call at any
residence or other place between 9:00 p.m. and 9:00 a.m., except by
appointment.
(1)
License required. No person shall engage in the business of buying,
selling, gathering, delivering or storing old iron, brass, copper
or other base metals, paper, rags or glass, any recyclable material
unless no value is given therefor, and all articles and things discarded
as manufactured articles commonly referred to as "junk," without first
obtaining a license from the Village Board.
(2)
Exception. No license shall be required for the storage of wrecked
motor vehicles stored within service garages and filling stations
or on any service garage or filling station site, as provided in sec.
10.06 of this Code.
(3)
Application. Applications for such license shall be made on forms
supplied by the Clerk-Treasurer and filed with the Clerk-Treasurer.
(4)
License fee. The license fee shall be $25 per year. The license year
shall commence on July 1 of each year.
(5)
Referral to Village Board. The application shall be referred to the
Village Board which may grant, grant with conditions, or deny the
license.
(6)
Restrictions applicable to junk dealers.
(a)
No junk shall be displayed or stored outside the fenced area
of the premises.
(b)
No licensee hereunder shall conduct his business or any operation
pertaining to such occupation on Sundays.
(c)
No licensee shall conduct his business in such manner as to
disturb unduly the peace and quiet of the neighborhood. The premises
shall at all times be kept in a clean and wholesome condition and
in full compliance with this section and in accordance with the reasonable
rules, regulations and directions of the Village Board.
(d)
Effective means for the elimination of the rodents and vermin
commonly infesting junk yards shall be administered by all licensees
hereunder.
(e)
Every junk dealer shall keep a record of all copper, brass,
guns, watches and other valuable materials purchased with the name
and address of the person from whom purchased, the kind and quantity
purchased, the serial number of the item purchased, and the date of
the transaction. Such record shall be entered in a book which shall
be open to inspection by police officers at any time.
(f)
No junk shall be purchased from any person under 16 years of
age without the written consent of the parent or guardian of such
person.
(7)
Revocation and suspension of license.
(a)
Upon complaint being made in writing by any official of the
Village to the Village Board that any licensee hereunder has violated
any of the provisions of this section, the Village Board shall cause
a summons and complaint to be served upon the licensee to appear before
it at the time specified in the summons, which shall be not less than
10 days after the date of the service thereof, to show cause why his
license shall not be revoked or suspended. The Village Board shall
thereupon proceed to hear the matter and, if it finds that the allegations
of such complaint are true, may revoke or suspend the license of such
person. The provisions hereunder shall not be effective unless the
licensee has received a copy of the complaint from the Building Inspector
and such licensee has been given a reasonable time to correct the
condition complained of or to otherwise satisfy such complaint.
(b)
Whenever a license is revoked, the licensee shall have a period
of 45 days from the date of such revocation to liquidate his business,
during which time he shall be required to comply with all the terms
and conditions of this section.
(1)
State statutes adopted by reference. The provisions of § 66.0435,
Wis. Stats., and the definitions therein are hereby adopted by reference.
(2)
Parking outside licensed mobile home parks.
(a)
Restricted. No occupied mobile home shall be permitted to be
located in the Village unless the same is in a licensed mobile home
park, except those mobile homes occupied outside of a mobile home
park on the effective date of this section.
(3)
Park license required. No person shall establish or operate upon
property owned or controlled by him within the Village a mobile home
park without having first secured a license therefor from the Clerk-Treasurer.
The application for such license shall be accompanied by a fee of
$2 for each space in the existing or proposed park, but not less than
$25. Such parks shall comply with Wis. Adm. Code HSS 177, which is
hereby adopted by reference. The license transfer fee is $10.
(4)
Additions to parks. Licensees of mobile home parks shall furnish
information to the Clerk-Treasurer and Assessor on such homes added
to their parks within five days after their arrival on forms furnished
by the Clerk-Treasurer.
(5)
Parking permit fees. There is imposed on each mobile home located
in the Village a parking permit fee, such amount to be determined
in accordance with § 66.0435, Wis. Stats. The fees shall
be paid to the Clerk-Treasurer, monthly, on or before the 10th day
of the month for which they are due. It shall be the full and complete
responsibility of the licensee of a mobile home park, and the owners
of the land on which mobile homes outside of mobile home parks are
located, to collect such fees from each mobile home therein and to
remit such fees to the Clerk-Treasurer. Failure to do so is to be
treated like a default in payment of personal property taxes and subject
to all procedures and penalties applicable under Chs. 70 and 74, Wis.
Stats.
(6)
Payment of fees for homes outside mobile home parks. The owner of
the land on which a mobile home is located outside of a mobile home
park may collect the fee from the owner of the mobile home and, on
or before January 10 and on or before July 10, shall transmit to the
Clerk-Treasurer all fees owed for the six months ending on the last
day of the month preceding the month when the transmission is required.
(1)
License required. No person shall conduct a rummage or garage sale within the Village without having obtained a license from the Clerk-Treasurer, except as provided in sub. (2) below. Before issuing the license, the Clerk-Treasurer shall refer the application to the Zoning Administrator for verification as to whether or not such sale at the proposed location is compatible with ch. 17 of this Code.
(2)
Exceptions to license requirement. No person shall be required to
obtain a license if:
(a)
The sale is conducted in a business district and is a permitted
use in such district.
(b)
The person conducts, on his own residential premises, no more
than three sales in any one year. Each sale may be held for no more
than three consecutive days and shall not be conducted between the
hours of 8:00 p.m. and 8:00 a.m.
(c)
The sale is conducted by religious, educational, charitable
or civic organizations on premises located in a residential district
no more than three times in any one year. Each such sale may be held
for no more than three consecutive days and shall not be conducted
between the hours of 8:00 p.m. and 8:00 a.m.
(3)
License fee. The license fee shall be $10 per sale, such sale not
to exceed three days.
(1)
Dog license required. It shall be unlawful for any person in the
Village to own, harbor or keep any dog more than five months of age
without complying with the provisions of this section and §§ 174.05
through 174.10, Wis. Stats., relating to the listing, licensing and
tagging of same.
(2)
License fee. The license fee for a dog shall be as follows:
[Amended by Ord. No. 133]
(a)
Unneutered male dog: $12. See § 174.05, Wis. Stats.
[Amended 8-5-2013 by Ord. No. 240-2013]
(b)
Unspayed female dog: $12. See § 174.05, Wis. Stats.
[Amended 8-5-2013 by Ord. No. 240-2013]
(c)
Neutered male dog: $7. See § 174.05, Wis. Stats.
[Amended 8-5-2013 by Ord. No. 240-2013]
(d)
Spayed female dog: $7. See § 174.05, Wis. Stats.
[Amended 8-5-2013 by Ord. No. 240-2013]
(e)
Duplicate license: $5.
|
In the event a dog becomes five months of age after July 1,
1/2 of the appropriate fee shall be charged for that calendar year.
The Village Board may increase the dog license fee on dogs within
its jurisdiction by resolution. The additional dog license fee may
not exceed the total cost of all dog licensing, regulating and impounding
activities for the previous year, less any refund which may be received
from the County, and shall be levied and collected in the same manner
as other dog license fees.
|
(3)
Late fees. The Clerk-Treasurer shall assess and collect a late fee
of $5 from every owner of a dog five months of age or older 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 if the
owner failed to obtain a license before the dog reached licensable
age.
(4)
Kennel license option. The owners of kennels may opt to pay a kennel
license fee of $35 for a kennel of 12 dogs or less plus $3 for each
dog in excess of 12 in lieu of the fees provided in sub. (2) above
and the Clerk-Treasurer shall issue tags for each dog owned by the
kennel owners. No kennel may be located in a residential district.
[Amended by Ord. No. 133]
(5)
Rabies vaccination required. It shall be unlawful for any person
to keep a dog in the Village which is over five months of age and
has not received a rabies vaccination as required by § 95.21(2),
Wis. Stats. If the owner brings a dog which has reached the age of
five months into the State, the owner shall have the dog vaccinated
against rabies within 30 days unless the dog has a current certificate
of rabies vaccination. No dog license shall be issued until a certificate
of rabies vaccination issued by a veterinarian has been presented.
A rabies vaccination tag shall be attached to the collar of all licensed
dogs at all times, except as provided in § 95.21(2)(f),
Wis. Stats.
[Amended by Ord. No. 161]
(6)
Definitions. In this section, unless the context of subject matter
otherwise require, the terms used shall be defined as follows:
(a)
OWNER — Any person owning, harboring or keeping a dog
and the occupant of any premises on which the dog remains or to which
it customarily returns daily for a period of 10 days is presumed to
be harboring or keeping the dog within the meaning of this section.
(b)
AT LARGE — A dog which is off the premises of the owner
and not under the control of some person either by leash or otherwise,
but an animal within an automobile of any other person with the consent
of the animal's owner shall be deemed to be upon the owner's premises.
(c)
KENNEL — Any establishment wherein dogs are kept for the
purpose of breeding, sale or sporting purposes.
(7)
Restrictions on keeping of dogs. It shall be unlawful for any person
within the Village to own, harbor or keep any dog which:
(a)
Habitually pursues vehicles upon any street, alley or highway.
(b)
Molests passersby or assaults or attacks any person without
provocation.
(c)
Is at large within the limits of the Village.
(d)
Habitually barks or howls, which shall greatly annoy or disturb
a neighborhood or any considerable number of persons within the Village.
This paragraph shall not apply to hospitals conducted for the treatment
of small animals or to the premises occupied or used by the Village
Pound.
[Amended 7-10-2017 by Ord. No. 251-2017]
(e)
Kills, wounds or worries any domestic animal.
(8)
Dogs running at large and untagged dogs.
(a)
Dogs running at large. A dog is considered to be running at
large if it is off the premises of its owner and not under the control
of the owner or some other person, as defined in sub. (6)(b) above.
(b)
Untagged dogs. A dog is considered to be untagged if a valid
license tag is not attached to a collar which is kept on the dog whenever
the dog is outdoors unless the dog is securely confined in a fenced
area.
(c)
Dogs subject to impoundment. Police officers or other officers
appointed by the Village Board shall attempt to capture and restrain
any dog running at large and any untagged dog.
(d)
Penalties. If the owner of a dog, negligently or otherwise,
permits the dog to run at large, or permits a dog to be untagged,
the owner shall forfeit $50 for the first offense, $100 for the second
offense and $200 for subsequent offenses.
[Amended by Ord. No. 133]
(9)
Duty to report animal bite. Every person, including the owner or
person harboring or keeping a dog or other animal, who knows that
such animal has bitten any person shall immediately report such fact
to the Police Department.
(10)
Quarantine or sacrifice of animals suspected of biting a person or
being infected with rabies.
(a)
Quarantine or sacrifice of animal. The Health Officer or a police
officer may order a dog or other animal quarantined if he has reason
to believe that the animal bit a person, is infected with rabies or
has been in contact with a rabid animal. If a quarantine cannot be
imposed because the animal cannot be captured, the officer may kill
the animal. The officer may kill an animal only as a last resort or
if the owner agrees. The officer shall attempt to kill the animal
in a humane manner and in a manner which avoids damage to the animal's
head.
(b)
Quarantine order. If a quarantine is ordered, the owner of the
dog shall be subject to the provisions of § 95.21(5), (6)
and (8), Wis. Stats.
(11)
Setting dogs at large prohibited. No person shall open any door or
gate of any private premises for the purpose of setting any dog at
large nor shall any person permit a dog owned by that person or under
that person's charge or control, negligently or otherwise, to be off
a leash or in any manner to run at large. Any person who releases
or permits a dog owned or under that person's charge or control to
run at large shall be subject to the penalty provisions of this section.
[Amended by Ord. No. 133]
(12)
Impounding and disposition of dogs.
(a)
Impounding of dogs. A police officer or other person restraining
a dog running at large shall take such animal to a pound designated
by the Village Board. The keeper of the Pound shall attempt to identify
the dog and notify the owner and shall keep a public record of all
such dogs impounded.
(b)
Release of dog to owner or representative. The keeper of the
Pound may release the dog to the owner or his representative if the
owner or representative:
(c)
Release of dog to person other than owner. If the owner of the
dog is unknown or does not reclaim the dog within seven days, the
keeper of the Pound may release the dog to a person other than the
owner if such person:
(13)
Penalties. In addition to other penalties provided in this section,
the following penalties are imposed:
(a)
Failure to obtain rabies vaccination. A dog owner who fails
to have a dog vaccinated against rabies, as provided in this section,
shall, upon conviction, forfeit not less than $50 nor more than $100.
(b)
Refusal to comply with quarantine order. An owner of a dog or
other animal who refuses to comply with an order issued under this
section to deliver the animal to a police officer, the pound designated
by the Village Board, or veterinarian, or who does not comply with
the conditions of an order that the animal be quarantined, shall,
upon conviction, forfeit not less than $100 nor more than $500.
(1)
Definitions. The terms used in this section are defined as follows:
(a)
VICIOUS DOG —
1.
Any dog with a propensity, tendency or disposition to attack,
cause injury or otherwise endanger the safety of human beings or other
domestic animals as evidenced by its habitual or repeated chasing
or snapping, or barking and/or snarling in a threatening manner.
2.
Any dog which attacks a human being or another domestic animal
without provocation.
3.
Any dog owned or harbored primarily or in part for the purpose
of dog-fighting, or any dog trained for dog-fighting.
4.
Any pit bull dog.
(b)
PIT BULL DOG —
1.
The pit bull terrier breed of dog.
2.
The Staffordshire bull terrier breed of dog.
3.
The American pit bull terrier breed of dog.
4.
The American Staffordshire terrier breed of dog.
5.
Dogs of mixed breed or of other breeds than listed under subpars.
1. to 4. above whose breed or mixed breed is commonly known as pit
bull, pit bull dog or pit bull terrier.
(2)
Requirements and prohibitions.
(a)
Leash and muzzle. No person owning, harboring or having the
care of a vicious dog may suffer or permit such dog to go outside
its kennel or pen unless the dog is securely leashed with a leash
no longer than four feet in length. No person may permit a vicious
dog to be kept on a chain, rope or other type of leash outside its
kennel or pen unless a person is in physical control of the leash.
The dog may not be leashed to inanimate objects such as trees, posts
and buildings. A vicious dog on a leash outside the dog's kennel shall
be muzzled by a muzzling device sufficient to prevent the dog from
biting persons or other animals. A vicious dog shall not be required
to be muzzled when shown either in a sanctioned American Kennel Club
show or upon prior approval of the Police Chief.
(b)
Confinement. All vicious dogs shall be securely confined indoors
or in a securely enclosed and locked pen or kennel, except when leashed
and muzzled as provided in par. (a) above. The pen, kennel or structure
shall have secure sides and a secure top attached to all sides. A
structure used to confine a vicious dog shall be locked with a key
or combination lock when the dog is within the structure. The structure
shall have a secure bottom or floor attached to the sides of the pen,
or the sides of the pen must be embedded in the ground no less than
two feet. All structures erected to house vicious dogs shall comply
with all zoning and building regulations of the Village. All structures
shall be adequately lighted and ventilated and kept in a clean and
sanitary condition.
(c)
Confinement indoors. No vicious dog may be kept on a porch,
patio or in any part of a house or structure that would allow the
dog to exit the building on its volition. No vicious dog may be kept
in a house or structure when the windows are open or when screen windows
or screen doors are the only obstacle preventing the dog from exiting
the structure.
(d)
Prohibited in multiple dwellings. No vicious dog may be kept
within any portion of any multiple dwelling.
(e)
Signs. All owners, keepers or harborers of vicious dogs shall,
within 15 days of the effective date of this section, display in a
prominent place on their premises a sign easily readable by the public
using the words "Beware of Dog." A similar sign is required to be
posted on the kennel or pen of the dog.
(f)
Insurance. All owners, keepers or harborers of vicious dogs
shall, within 30 days of the effective date of this section, provide
proof to the Police Chief of public liability insurance in a single
incident amount of $50,000 for bodily injury to or death of any person
or for the damage to property owned by any person which may result
from the ownership, keeping or maintenance of vicious dogs. The insurance
policy shall provide that no cancellation of the policy will be made
unless a ten-day written notice is first given to the Police Chief.
The owner or custodian of the dog shall produce evidence of the required
insurance upon request of a law enforcement officer. This paragraph
does not apply to dogs kept by law enforcement agencies.
(3)
Vicious dog determination. The Police Chief shall investigate every
dog complaint and make a determination as to whether or not such dog
is "vicious," as defined in sub. (1) above. In the event the Police
Chief makes a determination that a dog is "vicious," he shall so inform
the owner, keeper or harborer of such dog and provide such person
with a copy of this section.
(4)
Appeal of vicious dog determination. Any person aggrieved by the determination of the Police Chief, as provided in sub. (3) above, may appeal such determination, as provided in ch. 6 of this Code.
(5)
Compliance. Within 10 days of the determination that a dog is vicious,
as provided in sub. (3) above, or 10 days after an unsuccessful appeal
under sub. (4) above, the owner of a vicious dog shall either comply
with all provisions of this section or dispose of such dog.
(6)
Disposition of vicious dogs. Any vicious dog which attacks a human
being or domestic animal may be ordered destroyed by a police officer
or humane officer when, in the judgment of a court of competent jurisdiction,
the dog represents a continuing threat of serious harm to human beings
or domestic animals.
(7)
Penalty. Any person who violates any provision of this section shall,
upon conviction, be subject to the payment of a forfeiture, as provided
in sec. 25.04 of this Code. A separate offense shall be deemed committed
on each day on which a violation of this section occurs or continues.
[Added by Ord. No. 167]
(1)
Intent. The Village Board intends that the enforcement of this section
shall be used primarily to combat the obscenity industry and shall
never be used for harassment or censorship purposes against materials
or performances having serious artistic, literary, political, educational
or scientific value. The Village Board further intends that the enforcement
of this section shall be consistent with the first amendment to the
United States Constitution; Article I, Section 3 of the Wisconsin
Constitution; and the compelling State interest in protection of the
free flow of ideas.
(2)
Definitions. The terms used herein shall be defined as follows:
(a)
ADULT-ORIENTED ESTABLISHMENT — This term includes, but
is not limited to, adult entertainment stores, adult theaters, adult
mini-theaters, adult cabarets and any premises to which public patrons
or members are invited or admitted and which are physically arranged
so as to provide booths, cubicles, rooms, compartments or stalls separate
from the common areas of the premises for the purposes of viewing
adult entertainment, whether or not such adult entertainment is held,
conducted, operated or maintained for commercial gain.
(b)
ADULT ENTERTAINMENT STORE — An establishment, including
in its stock in trade for sale, rent, lease, inspection or viewing,
books, films, video cassettes, novelties, magazines or other periodicals
which have as their dominant theme or are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas."
(c)
ADULT THEATER — An enclosed building with a capacity of
50 or more persons used for presenting adult entertainment having
as its dominant theme or distinguished or characterized by an emphasis
on matters depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" for observation by patrons.
(d)
ADULT MINI-THEATER — An enclosed building with a capacity
of less than 50 persons, used for presenting adult entertainment having
as its dominant theme or distinguished or characterized by an emphasis
on matters depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" for observation by patrons.
(e)
ADULT CABARET — An establishment which features topless
dancers, strippers or similar entertainers.
(f)
ADULT ENTERTAINMENT — Any exhibition of any motion picture,
video cassette, live performance, display or dance of any type which
has as its dominant theme or is distinguished or characterized by
an emphasis on any actual or simulated "specified sexual activities,"
"specified anatomical areas," the removal of articles of clothing
or partial or total nude appearance.
(g)
OPERATOR — Any person, partnership, corporation or other
organization operating, conducting, maintaining or owning any adult-oriented
establishment.
(i)
SPECIFIED SEXUAL ACTIVITIES — Simulated or actual:
(3)
Adult-oriented establishment license required.
(a)
No person may engage in, conduct or carry on the operation or
maintenance of an adult-oriented establishment without first obtaining
a valid adult-oriented establishment license issued under this section.
(b)
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place. Any person desiring to operate
more than one adult-oriented establishment must have a license for
each adult-oriented establishment.
(c)
Any adult-oriented establishment existing at the time of the
passage of this section must submit an application for a license within
60 days of the passage of this section.
(3a)
Exemptions. The provisions of this section relating
to the licensing of adult-oriented establishments shall not apply
to establishments such as theaters, performing arts centers, civic
centers and dinner theaters where live dance, ballet, music and dramatic
performances of serious artistic merit are offered on a regular basis
and in which the predominant business or attraction is not the offering
to customers of entertainment which is intended to provide sexual
stimulation or sexual gratification to such customers and where the
establishment is not distinguished by an emphasis on, or the advertising
or promotion of, employees engaging in nude erotic dancing.
(4)
Application for adult-oriented establishment license.
(a)
Any person desiring to obtain an adult-oriented establishment
license shall pay the required fee of $2,000 to defray the costs of
administration and investigation of the application.
[Amended 8-5-2013 by Ord. No. 240-2013]
(b)
Any person desiring an adult-oriented establishment license
shall file a written application with the Clerk-Treasurer on a form
provided in the Clerk-Treasurer's office. The information provided
to the Clerk-Treasurer shall be given under oath.
1.
Corporation. If the applicant is a corporation, the name of
the corporation shall be set forth exactly as set forth in its articles
of incorporation together with the date and state of incorporation
and the names and residence addresses of each of its officers, directors
and each stockholder holding 5% or more of the stock or beneficial
ownership of the corporation. The application shall also be verified
by an officer of the corporation.
2.
Partnership. If the applicant is a partnership, the application
shall set forth the name of the partnership and the name and residence
address of each of the partners, including limited partners, and be
verified by each partner. If one or more of the partners is a corporation,
the provisions of this section pertaining to a corporate applicant
shall apply to the corporate partner.
3.
Others. If the applicant is neither a corporation nor a partnership,
the application shall set forth the true full name and residence address
of the applicant and be verified by the applicant. The application
shall also include any other name by which the applicant has been
known during the previous five years.
(c)
The application also shall set forth the proposed place of business
of the adult-oriented establishment by business address, including
suite number, and not by post office box and shall contain a description
of the nature and scope of the proposed business operation. In addition,
the following information shall be furnished concerning the applicant
if an individual; each officer and director and all stockholders who
own 5% or more of the stock or beneficial ownership if the applicant
is a corporation; and each partner, including limited partners, if
the applicant is a partnership:
1.
The previous residence address, if any, for a period of three
years immediately prior to the date of application and the dates of
such residence.
2.
Written proof that the individual is at least 18 years of age.
3.
A complete set of fingerprints.
4.
The business, occupation or employment history for three years
immediately preceding the date of application, including, but not
limited to, whether such person previously operated under any permit
or license in another municipality in this or another state and whether
any such permit or license had ever been suspended or revoked.
5.
All convictions in any state or Federal court within the past
five years, including municipal ordinance violations, exclusive of
traffic violations, with a brief statement of the nature of the convictions
and the jurisdiction in which the convictions occurred.
6.
All pending criminal charges in any state or Federal court,
with a brief statement of the nature of the pending charges and the
jurisdiction in which the charges are pending.
7.
The names of persons who will have custody of the business records
at the business location.
8.
The name and address of the person who will be the agent for
service of process.
9.
Such other information relating to the application as may be
required by the Public Safety Committee.
(d)
The application shall include the proposed hours of operation
and a detailed floor plan.
(e)
The Clerk-Treasurer shall notify the Chief of Police, the Chief
of the Fire Department, and the Building Inspector of any adult-oriented
establishment license application and these officials shall inspect
or cause to be inspected each such application and the premises to
determine whether the applicant and the premises sought to be licensed
comply with the regulations, ordinances and laws applicable thereto.
These officials shall furnish to the Public Safety Committee, in writing,
the information derived from such investigation and a statement as
to whether the applicant and the premises meet the requirements of
the department for whom the officer is certifying within five business
days of receipt of notice from the Clerk-Treasurer. Upon receiving
the information from said officials, the Public Safety Committee shall,
within 10 days, file its written recommendation with the Village Board.
(f)
Upon receiving a recommendation of the Public Safety Committee,
within 30 days of receiving an application for license, the Village
Board shall grant, with conditions, or deny a license to the applicant.
The Clerk-Treasurer shall notify the applicant whether the application
is granted or denied.
(g)
Whenever an application is denied, the Clerk-Treasurer shall
advise the applicant, in writing, of the reasons for such action.
If the applicant requests a hearing within 10 days of receipt of notification
of denial, a public hearing shall be held within 10 days thereafter
before the Village Board.
(h)
Failure or refusal of the applicant to give any information
relevant to the application, failure or refusal to appear at any reasonable
time and place for examination under oath regarding said application
or refusal to submit to or cooperate with regard to any information
required by this section shall constitute an admission by the applicant
that he is ineligible for such license and shall be grounds for denial.
(5)
Standards for issuance of an adult-oriented establishment license.
The Village Board shall issue an adult-oriented establishment license
if, upon recommendation by the Public Safety Committee, it finds that:
(a)
The required fee has been paid.
(b)
The application conforms in all respects to this section.
(c)
The location of the adult-oriented establishment is not within
1,000 feet of any church or synagogue building, school building or
park nor within 200 feet of any residential district.
(d)
The applicant has not knowingly made a material misstatement
in the application.
(e)
The applicant has supplied all the information required under
sub. (3) above and the information requested by the Public Safety
Committee regarding the investigation of his application.
(g)
The applicant has not had an adult-oriented establishment license
or permit or other similar license or permit revoked or suspended
in this State or any other state within three years prior to the date
of application.
(h)
The applicant, if an individual; any of the stockholders holding
5% or more of the stock or beneficial ownership of the corporation,
and any officers, agents or directors, if the applicant is a corporation;
or any of the partners, including limited partners, if the applicant
is a partnership, does not, at the time of application, have pending
any criminal charge for or within five years prior to the date of
application, has not been convicted of any offense involving dishonesty,
fraud, deceit, robbery, the use or threatened use of force or violence
upon the person of another, or sexual immorality under Chs. 944 or
948, Wis. Stats., as amended, or the laws of another state similar
in nature to said Chs. 944 or 948, Wis. Stats., or other offense,
subject to § 111.335, Wis. Stats., as amended.
(i)
The applicant, if a corporation, is licensed to do business
and is in good standing in the State.
(j)
All individual applicants; all stockholders holding 5% or more
of the stock or beneficial ownership, directors and officers if the
applicant is a corporation; and all partners, including limited partners,
if the applicant is a partnership, are at least 18 years of age.
(6)
Display of adult-oriented establishment license. The adult-oriented
establishment license shall be displayed in a conspicuous public place
in the adult-oriented establishment.
(7)
Restrictions on corporate licenses. Any corporation holding an adult-oriented
establishment license under this section shall report to the Clerk-Treasurer,
in writing, within 15 days of the event described herein, any of the
following:
(8)
Sale or transfer. Upon the sale or transfer of any interest in an
adult-oriented establishment, the license shall be void. Any person
desiring to continue to operate an adult-oriented establishment following
sale or transfer shall apply for a license.
(9)
Responsibilities of the operator of an adult-oriented establishment.
(a)
Any act or omission of any employee constituting a violation
of the provisions of this section shall be deemed the act or omission
of the operator for purposes of determining whether the operator's
license shall be revoked, suspended or renewed.
(b)
No employees of an adult-oriented establishment shall allow
any minor to loiter around or to frequent an adult-oriented establishment
or to allow any minor to view adult entertainment.
(c)
The operator shall maintain the adult-oriented establishment
in a clean and sanitary manner at all times.
(d)
The operator shall maintain at least ten foot candles of light
in the public portions of the adult-oriented establishment, including
aisles, at all times. However, if a lesser level of illumination in
the aisles shall be necessary to enable a patron to view the adult
entertainment in a booth, room or cubicle adjoining an aisle, a lesser
amount of illumination may be maintained in such aisles, provided,
however, at no time shall there be less than one-foot candle of illumination
in said aisles, as measured from the floor.
(e)
No alcohol beverage may be served or permitted on the premises.
(f)
No sexual activity of any kind shall be permitted on the premises.
(g)
The operator shall insure compliance of the adult-oriented establishment
and its patrons with the provisions of this section.
(h)
No person licensed as an adult-oriented establishment may, in
any manner, advertise its establishment as licensed by the Village.
(10)
Physical layout of adult-oriented establishment. Any adult-oriented
establishment having available for customers, patrons or members any
booth, room or cubicle for the private viewing of any adult entertainment
must comply with the following requirements:
(a)
Each booth, room or cubicle shall be totally accessible to and
from aisles and public areas of the adult-oriented establishment and
shall be unobstructed by any door, lock or other control-type devices.
(b)
Every booth, room or cubicle shall meet the following construction
requirements:
1.
Each booth, room or cubicle shall be separated from adjacent
booths, rooms or cubicles and any nonpublic areas by a wall.
2.
Each booth shall have at least one side totally open to a lighted
public aisle so that there is an unobstructed view at all times of
anyone occupying the same.
3.
All walls shall be solid and without any openings, extended
from the floor to a height of not less than six feet and be light
colored, nonabsorbent, smooth textured and easily cleanable.
4.
The floor must be light colored, nonabsorbent, smooth textured
and easily cleanable.
5.
The lighting level of each booth, room or cubicle, when not
in use, shall be a minimum of ten foot candles at all times, as measured
from the floor.
(c)
Only one individual shall occupy a booth, room or cubicle at
any time. No occupant shall engage in any type of sexual activity.
(11)
Renewal.
(a)
Every license issued pursuant to this section will terminate
at the expiration of one year from date of issuance unless sooner
revoked and must be renewed before operation is allowed in the following
year. All applications for the renewal of adult-oriented establishment
licenses issued by the Village shall be filed with the Clerk-Treasurer's
office on forms to be provided by the Clerk-Treasurer no later than
60 days prior to the expiration of the licenses. The renewal application
shall contain such information and data, given under oath or affirmation,
as is required for an application for a new license. Applications
to renew licenses shall be processed by the Village in the same fashion
as new applications. No license shall be renewed without a reinspection
of the premises as required under sub. (3)(e) above.
(b)
A license renewal fee of $250 shall be submitted with the renewal
application. In addition to the renewal fee, a late penalty of $100
shall be assessed against any applicant who files for renewal less
than 60 days before the license expires. If the application is denied,
1/2 of the total fees collected shall be returned.
(12)
Suspension or revocation.
(a)
Any adult-oriented establishment license may be suspended for
not more than 90 days or revoked by the Village Board for any of the
following reasons:
1.
Any of the grounds that would warrant the denial of the original
application for the license.
2.
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application.
3.
The operator or any employee of the operator violates any provision
of this section or any rules or regulations adopted by the Village
Board pursuant to this section, provided, however, that in the case
of a first offense by an operator where the conduct was solely that
of an employee, the penalty shall not exceed a suspension of 30 days
if the Board shall find that the operator had no actual or constructive
knowledge of such violation and could not, by the exercise of due
diligence, have had such actual or constructive knowledge.
4.
The operator becomes ineligible to obtain a license or permit.
5.
Any cost or fee required to be paid by this section is not paid.
6.
Any intoxicating liquor or fermented malt beverage is served
or consumed on the premises of the adult-oriented establishment.
7.
The establishment is operated outside of operation hours established
by the Village Board.
8.
There is any substantial change in the floor plan approved by
the Village Board without the approval of the Board.
(b)
An adult-oriented establishment license may be suspended or
revoked after notice and hearing before the Village Board to determine
if grounds for such suspension or revocation exist. Notice of the
hearing shall be in writing and may be served by certified mail addressed
to the licensee at the current address of the licensee on file with
the Clerk-Treasurer's office. The notice shall state the grounds of
the complaint against the licensee and shall designate the time and
place where the hearing will be held.
(c)
Any operator whose license is revoked shall not be eligible
to receive a license for one year from the date of revocation. No
location or premises for which a license has been issued shall be
used as an adult-oriented establishment for six months from the date
of revocation of the license.
(13)
Penalty. Any person violating this section shall, upon conviction,
be subject to a forfeiture not to exceed $500.
[Added 8-7-2017 by Ord.
No. 252-2017]
(1)
Purpose. The purpose of this section is to establish conditions under
which Village residents on certain residential properties may safely
keep and maintain a limited number of chickens to provide eggs for
household use only; to assure appropriate chicken coops or structures
in which to house chickens; and to protect the health, safety, and
welfare of the general population of the Village of Dresser.
(2)
Definitions.
(a)
ABUTTING PROPERTY — All lots that the applicant's
property comes into contact with at one or more points, except for
lots that are separated from the applicant's property by a public
or private street or public alley.
(b)
CHICKEN — A female gallinaceous bird or hen
of any age, including chicks. This definition does not include other
kinds of fowl, including guinea hens, ducks, quail, pheasant, geese,
turkeys, peacocks, emus or ostriches.
(c)
COOP — An enclosed structure, building or pen
within which chickens roost or are housed.
(d)
DWELLING, SINGLE-FAMILY — A building designed
exclusively for occupancy by one family living independently as defined
in Village of Dresser Code Section 17.28(9).
(3)
LICENSE REQUIRED —
(a)
No person shall own, harbor, keep or maintain chickens within
the Village without first obtaining a license approved by the Village
Board.
(b)
The license year shall commence on January 1 and shall end on
December 31 and must be renewed annually if chickens continue to be
kept on the property.
(c)
Applications shall be made to the Village Clerk's Office.
(d)
Applicants shall provide the following information on the license
applications:
(e)
No license shall be issued until the Village reviews the application
and inspects the property and determines that the applicant has complied
with the requirements of this section.
(f)
The applicant shall be the property owner or tenant with written
consent of property owner.
(g)
The license shall not be transferable.
(h)
No license shall be issued if the applicant is delinquent in
paying of any taxes, assessments, forfeitures, or fines for violations
of Village Ordinances, utility bills, or other claims owed to the
Village.
(i)
For the first year this ordinance is in effect, no more than
10 licenses shall be issued. The Village Board shall review after
one year to evaluate how the chicken licensing program is working
in the Village and whether to continue and/or make any changes in
the regulations.
(j)
Renewal of license will follow the same requirements annually
with the exception of providing initial plans. Renewals will be required
to provide the Wisconsin Department of Agriculture, Trade, and Consumer
Protection registration number.
(5)
Property requirements and coop/run design.
(a)
Property requirement:
1.
Chickens regulated by this chapter shall only be permitted on
property upon which a single-family dwelling is located and occupied
in any residential zoning district.
2.
Chickens shall not be harbored, kept or maintained on a vacant
lot.
3.
All coops shall be located in a rear yard.
4.
A coop and any attached enclosure shall be located a minimum
of 25 feet from adjacent residential structures, decks or patios on
an abutting property and a minimum of 10 feet from the licensee's
property line.
(b)
Coop/run design.
1.
All chickens shall be kept and maintained within a cross-ventilated
and roofed coop in compliance with the section.
2.
The coop structural floor area shall not exceed 30 square feet
and the height of the coop shall not exceed eight feet, as measured
vertically from the ground to the outside highest point of the coop.
3.
The coop shall be:
a.
Elevated with a clear open space of 24 inches between the ground
surface and the floor of the coop; or the coop's foundation shall
be constructed of concrete or naturally decay-resistant or pressure-treated
wood with preservative on the ground surface.
b.
All coops, including an attached yard or run, shall be enclosed
with one-quarter-inch galvanized hardware cloth or equivalent material,
including a protective overhead that will prevent chickens from escaping
the coop or the attached enclosure.
c.
All coops shall provide a minimum of three square feet per chicken.
d.
All coop floors shall be composed of a smooth, hard, nonabsorbent
surface.
e.
There must be at least one nesting box per two chickens.
f.
Exterior finish materials shall be typical residential-type
construction materials.
g.
There must be a minimum of one square foot of window for each
10 square feet of wall space.
h.
Coops shall provide elevated perches to ensure chickens are
able to rest in their natural roosting position.
4.
There shall be a run area maximum of 50 square feet enclosed/screened
with one-quarter-inch galvanized hardware cloth, maximum height of
six feet six inches.
(c)
Coops must be deconstructed/removed from property within 90
days of nonrenewal or revocation of license.
(6)
Conditions for keeping and sanitation.
(a)
Conditions for keeping.
1.
A person owning, harboring, keeping or maintaining chickens
pursuant to this section:
a.
Shall keep, harbor or maintain not more than five chickens.
b.
Shall keep, harbor or maintain chickens within a coop or attached
run enclosure at all times.
c.
Shall not keep, harbor or maintain any roosters or male chickens.
d.
Shall not sell any eggs on site.
e.
Shall not slaughter any chickens within the Village.
f.
Shall not use any chickens for fighting.
g.
Shall not engage in chicken breeding or fertilizer production
for commercial purposes.
h.
Shall provide all chickens access to food and clean water at
all times.
2.
Chickens ill with an infectious disease capable of being transmitted
from bird to bird or from birds to humans, including, but not limited
to, salmonella and avian influenza, are prohibited and shall be immediately
killed at a veterinarian's office or removed from the Village and
humanely killed outside of the Village.
3.
Deceased chickens should be disposed of immediately in a safe
manner by placing the deceased chicken in a sealed bag and placing
it in a trash receptacle with a lid.
(b)
Sanitation.
1.
Chickens and their coops shall be kept and maintained at all
times in outdoor areas and shall not be permitted inside a residential
premises or dwelling.
2.
Chicken feed shall be stored and kept in containers which make
the feed not accessible to rodents, vermin, wild birds and predators.
3.
All coops and rear yards where chickens are kept, harbored or
maintained shall be reasonably free from substances, including, but
not limited to, chicken manure, such that it does not cause the air
or environment to become noxious or offensive or to be in such condition
as to promote the breeding of flies, mosquitoes, or other insects,
or to provide habitat, breeding or feeding place for rodents or other
animals, or otherwise be injurious to public health.
4.
Provision must be made for the storage and removal of chicken
manure. All stored manure shall be covered by a fully enclosed structure
with a roof or lid over the entire structure. All other manure not
used for composting or fertilizing shall be removed. In addition,
the henhouse, chicken pen and surrounding area must be kept free from
trash and accumulated droppings. Uneaten feed shall be removed in
a timely manner.
(7)
Inspection and enforcement.
(a)
The Dresser Police Department or their designees shall have
the power, whenever they may deem reasonably necessary, and consistent
with the requirements of statutory and constitutional law, to enter
a building, structure, or property related to a license under this
chapter to ascertain whether the license holder is in compliance with
this chapter. The above-listed departments may issue compliance orders
and citations pursuant to the provisions of this chapter, this code
and state law.
(b)
Violations of this chapter may constitute a public nuisance under Chapter 10 of this Code, or under Ch. 823, Wis. Stats.
(c)
The Village may revoke a license at any time if the licensee
does not follow the terms of the license or this section, or if the
Village finds that the permit holder had not maintained the chickens,
coops, or outdoor enclosures in a clean and sanitary condition.
(8)
Other methods not excluded. The requirements and remedies provided
under this section are not exclusive and may be used in combination
with each other or with any other section of this Code or applicable
state statute.
(9)
Severability. If any provision in this section, or portion thereof,
is found to be unconstitutional or otherwise invalid, the validity
of the remaining sections shall not be affected.
(10)
Violation and penalty. Any person who violates any provision of this
section shall, upon conviction, be subject to the payment of a forfeiture,
as provided in Sec. 25.04 of this Code. A separate offense shall be
deemed committed on each day on which a violation of this section
occurs or continues.
[Added 12-7-2020 by Ord. No. 257-2020]
(1)
License. No natural person or business entity shall engage in the
business of collecting, conveying, or disposing of refuse and recycling
within the Village of Dresser without first having obtained a license
to do so granted and issued by the Village Clerk.
(2)
Fee. No license under this section shall be issued unless the applicant
shall first have remitted cash or a check to the Village Clerk in
the amount of $25.
(3)
Term. The term of a Village of Dresser refuse and recycling hauler
license shall be for one year from January 1 through December 31 annually.
(4)
Application. Any natural person or business entity seeking to engage
in the business of collecting, conveying, and disposing of refuse
and recycling in the Village shall first submit an application to
engage in such activity on a form supplied by the Village Clerk.
(5)
Attachments. The application shall be accompanied by the following
as attachments:
(6)
Enforcement. The violation of any law or ordinance relating to the
refuse and recycling hauler's license or the activity permitted
by it may result in the immediate revocation of the license without
the Village having waived the right to invoke any other available
recourse or remedy at law or in equity.
Except as otherwise specifically provided in this chapter, any
person who shall violate any provision of this chapter or any order,
rule or regulation made hereunder shall be subject to a penalty as
provided in sec. 25.04 of this Code.
