[HISTORY: Adopted by the Village Board of the Village of
Mount Horeb. Amendments noted where applicable.]
[Amended 1-3-2001 by Ord. No. 2000-24; 5-4-2001 by Ord. No.
2001-04; 7-6-2005 by Ord. No. 2005-15; 10-5-2005 by Ord. No.
2005-18; 2-1-2006 by Ord. No. 2006-07; 7-5-2006 by Ord. No.
2006-17; 10-4-2006 by Ord. No. 2006-21; 3-1-2017 by Ord. No. 2017-02; 9-2-2020 by Ord. No. 2020-13; at time of adoption of Code (see Ch. 1, General Government,
Art. V)]
A license or permit shall be required for each of the following
businesses or activities, as provided in the Village Fee Schedule.
Licenses shall be for one year, unless otherwise indicated:
Unless otherwise specifically provided by the state laws or
ordinances of the Village, the following shall apply to the issuance,
transfer and revocation of all licenses and permits issued under the
provisions of this chapter:
(1)
The Village Clerk provides and issues all applications for licenses
or permits.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(2)
Fees. The amount of the license or permit fee shall be paid in advance
to the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(4)
Consideration and hearing. If required, the Village Clerk shall present
the application to the Village Board at its next meeting, after appropriate
staff completes their review of the application. The Village Board
will allow all persons the opportunity to be heard either for or against
the granting of any license or permit.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(5)
Issuance. The Village Clerk shall issue a license or permit only
after it has been authorized by the Village Board or proper authority.
(6)
Issuance by administrative authorities. When administrative authority
to issue any license or permit is delegated to any Village officer,
board or commission under the terms of this chapter, the officer,
board or commission shall grant the license or permit unless the granting
of the license or permit appears to be contrary to the health, safety,
morals or general welfare of the public. Under this situation the
reasons for denial shall be put in writing and delivered or mailed
to the applicant. Within 30 days, the applicant may appeal that decision
to the Village Board. The Village Board shall render a decision on
the matter at its next regularly scheduled meeting. The decision of
the Village Board is final.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(7)
Conditions of issuance. Before any license or permit shall be issued
under the provisions of this chapter, the Village Clerk shall check
all Village records to determine if the applicant is in arrears for
taxes or any other obligation to the Village. If the Clerk finds any
applicant is in arrears for taxes or any other obligation owed the
Village, the issuing officer or department may withhold all licenses
and permits until the taxes or obligations have been paid in full.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(8)
Transfer of license or permit. Licenses or permits shall not be transferable
from one person to another but may be transferred from one location
to another by approval of the Village Board. The fee provided in the
Village Fee Schedule shall be charged for the transfer.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(9)
Replacement of lost or destroyed license or permit. If a license
or permit is lost or destroyed, a duplicate may be issued by the Village
Clerk. Duplicate license or permit fees are provided in the Village
Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(10)
Revocation of licenses or permits. Any license or permit issued by
the Village may be revoked by the Village Board. Prior to revocation,
the license or permit holder shall be given an opportunity to be heard
by the Village Board. Notice of the hearing shall be given to the
permit or license holder either personally or by registered mail by
the Village Clerk. Any license or permit issued by the Village shall
remain the property of the Village, and upon revocation thereof the
license or permit shall be returned to the Clerk's office. Any person
failing to return any license or permit after revocation shall be
deemed in violation of the provisions of this chapter. Whenever any
license or permit is revoked, no refund of any unearned portion of
the fee paid will be made.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(1)
State statutes adopted. The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, dispensing and transfer of alcohol
beverages, including provisions relating to underage persons, are
adopted and made a part of this section by reference. A violation
of any provisions shall constitute a violation of this section.
(2)
Licenses, permits, authorization required.
(a)
When required. Except as provided by § 125.06, Wis.
Stats., no person 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 where alcohol beverages are stored, sold or offered for
sale. See § 125.04(9), Wis. Stats.
(3)
Classes of licenses and fees. The following classes of licenses which,
when issued by the Clerk under the authority of the Village Board,
shall permit the holders to sell, deal or traffic in intoxicating
liquor or fermented malt beverages as provided in the referenced state
statute.
(a)
Class "A" fermented malt beverage retailer's license. See § 125.25,
Wis. Stats.
(b)
Class "B" fermented malt beverage retailer's license. See § 125.26,
Wis. Stats.
(d)
Retail "Class A" liquor license. See § 125.51(2),
Wis. Stats.
(e)
Retail "Class B" liquor license. See § 125.51(3) and
§ 125.51(3)(b), Wis. Stats.
[Amended 10-6-2010 by Ord. No. 2010-18]
(f)
Retail "Class C" wine license. See § 125.51(3m), Wis.
Stats.
(g)
Operators. See § 125.17, Wis. Stats.
(h)
Clubs. See § 125.27(1), Wis. Stats.
(4)
License application.
(a)
Form. Application for a license to sell or deal in alcohol beverages
shall be made in writing on forms required by the State Department
of Revenue and filed with the Clerk. The premises shall be physically
described, including every room and storage space to be covered by
the license and all rooms joined by connecting entrances or not separated
by a solid wall.
(b)
Application to be notarized. Applications prepared by the Village
shall be signed and sworn by the applicant as provided by § 887.01,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(c)
Time of filing.
1.
Except as provided in Subsection (4)(c)2, all applications for licenses to sell alcohol beverages shall be filed with the Clerk at least 15 days prior to granting of the license.
2.
For licenses issued under § 125.26(6), Wis. Stats.,
for a picnic or other gathering lasting less than four days, the application
shall be filed with the Clerk at least 48 hours prior to granting
of such license.
(d)
Issuance.
[Amended 7-5-2000 by Ord. No. 2000-12]
2.
The Clerk is authorized to grant and issue temporary Class "B"
licenses under §§ 125.26(6) and 125.51(10), Wis. Stats.,
and operators' licenses under § 125.17, Wis. Stats.
3.
The Clerk is authorized to grant and issue provisional retail
licenses for Class "A" beer, Class "B" beer, "Class A" liquor, "Class
B" liquor or "Class C" wine licenses under § 125.185, Wis.
Stats., and provisional operator's licenses under § 125.17,
Wis. Stats., following the standards shown below:
[Added 7-6-2005 by Ord. No. 2005-15; amended at time of
adoption of Code (see Ch. 1, General Government, Art. V)]
a.
The applicant must meet all the qualifications for issuance
of the license except for the completion of the responsible beverage
server training course. The applicant must show proof that he or she
has enrolled in the course.
b.
The licensed premises on the application must meet all requirements
of the Municipal Code, including zoning, and Ch. 125, Wis. Stats.
(e)
List of licensees. By July 15 of each year, the Clerk 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 for picnic, manager's or operator's licenses.
(5)
License restrictions.
(a)
Statutory requirements. Class A and B licenses shall be issued
only to persons eligible under § 125.04, Wis. Stats.
(b)
Location.
1.
No retail "Class A" or "Class B" intoxicating liquor license
shall be issued for premises if the main entrance is less than 300
feet from the main entrance of any established public or parochial
school, hospital or church. Distance shall be measured by the shortest
route along the highway from the closest point of the main entrance
of any school, church or hospital to the main entrance of such premises.
2.
This subsection shall not apply to premises licensed prior to
June 30, 1974, or any premises licensed as such prior to the occupation
of real property within 300 feet of any school, hospital or church
building.
(c)
Violators of liquor or beer laws or ordinances. No retail 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, the provisions of this section or whose license has been revoked
under § 125.12, Wis. Stats., during one year prior to application.
A conviction of a member of a partnership or the partnership itself
shall make the partnership or any member thereof ineligible for a
license for one year.
(d)
Health and sanitation requirements. No retail "Class B" intoxicating
liquor license shall be issued for any premises which does not conform
to the sanitary, safety and health requirements of the State Department
of Safety and Professional Services pertaining to buildings and plumbing,
to the rules and regulations of the State Department of Agriculture,
Trade and Consumer Protection applicable to restaurants and to all
ordinances and regulations adopted by the Village.
(e)
License quota. The number of persons and places that may be
granted a retail "Class B" intoxicating liquor license under this
section is limited as provided in § 125.51(4), Wis. Stats.
(f)
Corporations. 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 the corporation meets the requirements
of § 125.04(6), Wis. Stats.
(g)
Age requirement. No license, except an operator's license, shall
be granted to any person who has not attained the legal drinking age.
Operator's licenses may be issued only to applicants who have attained
the age of 18.
(h)
Effect of revocation of license. When a license has been revoked,
at least 12 months shall elapse before another license shall be granted.
(i)
Delinquent taxes, assessments and claims.
1.
Premises. No initial or renewal intoxicating liquor or fermented
malt beverage license shall be granted for any premises for which
taxes, assessments or other claims of the Village are delinquent.
3.
Hearing. Prior to denying any license application, an aggrieved
party is entitled to notice and a hearing before the Village Board.
(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 intoxicating liquor or fermented malt 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 state clearly the specific
premises for which granted, the date of issuance, fee paid and the
name of the licensee and shall expire on June 30 each year except
as otherwise provided. The Clerk shall submit a list of licensees
to the Department of Revenue as required by § 125.04(4),
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(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 to another premises once during any license year as provided
in § 125.04(12), Wis. Stats. Application for such transfer
shall be made on forms furnished by the State Department of Revenue.
Proceedings for transfer shall be made in the same manner 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 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.
(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.
(e)
Underage persons on premises.
[Added 8-1-2001 by Ord. No. 2001-12]
1.
Subject to prior authorization under Subsection (9)(e)2, an underage person may enter and remain in a room on Class "B" (fermented malt beverage) licensed premises or "Class B" (intoxicating liquor) licensed premises separate from any room where alcohol beverages are sold or served, if no alcohol beverages are furnished or consumed by any person in the room where the underage person is present.
2.
Underage persons may be present on licensed premises under this
subsection only after the licensee receives written authorization
from the Mount Horeb Police Department permitting underage persons
to enter and remain on said premises on the date specified in such
authorization. Before issuing the authorization, the Police Department
shall make a determination that the presence of underage persons on
the licensed premises will not endanger their health, welfare or safety
or that of other members of the community. The licensee shall obtain
a separate authorization for each date on which underage persons will
be present on the premises.
(10)
Closing hours. No premises for which a wholesale or retail liquor
or fermented malt beverage license has been issued shall remain open
for the sale of liquor:
[Amended 10-5-1998 by Ord. No. 98-17; at time of adoption
of Code (see Ch. 1, General Government, Art. V)]
(a)
If a retail Class A fermented malt beverage or intoxicating
liquor license, between 12:00 midnight and 6:00 a.m.
(b)
If a retail Class B license (on-/off-premises or carryout),
between 2:00 a.m. and 6:00 a.m. on weekdays and between 2:30 a.m.
and 6:00 a.m. on Saturdays and Sundays. On January 1, premises operating
under a Class B license are not required to close, but the prohibition
on sales for off-premises consumption between 12:00 midnight and 6:00
a.m. remains in effect.
(c)
Hotels and restaurants, the principal business of which is the
furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe
pitching facilities, curling clubs, golf courses, golf clubhouses,
movie theaters, grocery stores and convenience stores, painting studios
and premises for which a temporary Class "B" license is issued under
§ 125.56(6), Wis. Stats., may remain open for the conduct of
their regular business, but no intoxicating liquors or fermented malt
beverages may be sold during prohibited hours.
(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 the 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 relating to granting a new license shall likewise
be applicable.
(12)
Nonrenewal of licenses. Before renewal of any license issued under
this section is refused, the licensee shall be given written notice
of any charges or violations against him or the reasons proposed for
nonrenewal and a copy of any proposed motion for nonrenewal and shall
have an opportunity to be heard before the Village Board.
(13)
Violations by agents and employees. A violation of this section by
an authorized agent or employee of a licensee shall constitute a violation
by the licensee.
(14)
Revocation for nonuse.
(a)
Within 90 days from the issuance of a Class A retail liquor
license, 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. If the licensee fails to do business
within 90 days, the license shall be subject to revocation by the
Village Board after a public hearing. For good cause shown, he Board
may extend the ninety-day period.
(b)
If any business operating under a Class A retail liquor license,
a "Class B" intoxicating liquor license, or a Class "B" fermented
malt beverage license suspends or ceases doing business for a period
of 90 or more consecutive days, the Class A retail liquor license,
"Class B" intoxicating liquor license, or Class "B" fermented malt
beverage license issued for that business may be revoked by the Village
Board after notice to the licensee and a public hearing.
[Amended 12-5-2001 by Ord. No. 2001-18]
(15)
Issuance or denial of operator's license.
[Added 10-5-2016 by Ord.
No. 2016-04]
(a)
The Village Clerk may issue an operator's license, which license
shall be granted only upon application in writing on forms submitted
to the Village Clerk from persons 18 years of age or older. Operator's
licenses shall be operative only within the Village limits. Consideration
for the granting or denial of an operator's license shall be based
on the qualifications for a license set forth in the Wisconsin Statutes.
[Amended 5-5-2021 by Ord.
No. 2021-07]
(b)
All applications are subject to a background check by the Mount
Horeb Police Department.
1.
If the background check reveals that the applicant:
a.
Has less than two nonfelony convictions, the circumstances of
which are substantially related to the licensed activity;
b.
Has no pending arrest, the circumstances of which are substantially
related to the licensed activity; and
c.
Has identified on the application all pending arrests and convictions:
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The Police Department shall recommend, in writing, that the
Village Board approve the application, subject to the satisfaction
of other qualifications related to the license.
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2.
If the background check reveals that the applicant:
a.
Has an unpardoned felony conviction, the circumstances of which
are substantially related to the licensed activity;
b.
Has a conviction for any of the violations identified in Wis.
Stat. § 125.12(2)(ag)5 through 6m (e.g., conviction for
manufacturing, distributing, or delivering a controlled substance);
or
c.
Has a pending arrest for a felony, the circumstances of which
are substantially related to the licensed activity, or a pending arrest
for any of the violations identified in Wis. Stat. § 125.12(2)(ag)5
through 6m:
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The Police Department shall recommend, in writing, that the
Village Board deny the application.
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(c)
When an application is forwarded to the Public Safety Committee,
the applicant shall be allowed to appear before the committee and
present information supporting the application, including information
relating to any pending arrests or convictions, the circumstances
of which are substantially related to the licensed activity. Following
review and discussion, the Public Safety Committee shall make a recommendation
to the Village Board in regard to whether the application should be
granted or denied.
(d)
When the Village Board denies an application for an operator's
license, the Village Board, or its designee, shall inform the applicant,
in writing, of the reason or reasons for the denial.
[Amended 4-4-2001 by Ord. No. 2000-17]
(1)
License required. No person shall conduct, exhibit, operate or maintain
within the Village any circus, menagerie, carnival, play, game, contest,
theatrical performance, theater, concert (whether live or prerecorded
music), dance, athletic event of any kind or any other public amusement
or show, regardless of whether a charge is made, directly or indirectly,
for admittance, without first obtaining a license.
[Amended 7-5-2006 by Ord. No. 2006-15]
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This section shall not apply to events which take place entirely
indoors or those events conducted under the sole control and supervision
of educational, charitable, or religious organizations where the entire
proceeds of such show or amusement shall be devoted to the purposes
of such organization or to events sponsored by the Village of Mount
Horeb or any of its agencies, committees, or subcommittees.
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There shall be an annual permit required for business establishments
that offer outdoor musical entertainment on the permit's designated
premises, as provided in the Village Fee Schedule, provided no prerecorded
music or musical instrument is connected to a microphone or other
amplifying device. The musical entertainment shall be allowed with
the granting of an entertainment permit and shall be limited to the
hours of 10:00 a.m. to 9:00 p.m., Sunday through Thursday, and 10:00
a.m. to 11:00 p.m., Friday and Saturday.
[Amended 8-5-2009 by Ord. No. 2009-24; at time of adoption
of Code (see Ch. 1, General Government, Art. V)] |
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The Village Clerk shall approve the annual permit with the assistance
of any Village department. The Police Chief shall have the right to
set further restrictions on the issuance of any permit, as well as
the right to restrict any musical entertainment or performance at
any time. The Village Board reserves the right to nullify any entertainment
permits for any reason.
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(2)
Application.
(a)
Forms. Application forms are available from the Village Clerk's
office.
(b)
Filing deadline. A completed application, accompanied by the
license fee, must be filed with the Village Clerk at least two weeks
prior to a regular Village Board meeting.
(c)
Inspection. The Village Clerk shall notify the Village Chief
of Police and Building Inspector, who may each conduct an inspection,
to determine whether the place and application complies with the applicable
regulations, ordinances, and laws.
[Amended 8-5-2009 by Ord. No. 2009-24; at time of adoption
of Code (see Ch. 1, General Government, Art. V)]
(d)
Consideration and action. The Village Clerk shall consider all
license applications and may grant, grant with conditions or deny
the application. Application exceptions require Village Board approval.
[Amended 8-5-2009 by Ord. No. 2009-24; at time of adoption
of Code (see Ch. 1, General Government, Art. V)]
(3)
Restrictions on granting licenses.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(a)
No license shall be issued under this section unless that the
proposed location complies to all ordinances, health and fire regulations.
A license shall be refused to any applicant or applicants who shall
have had a license issued under this section revoked within two years
of the date of application, or to any person who has been convicted
of a felony.
(b)
No license shall be issued for any public amusement or show
to take place within a residential district. No license will be granted
to a person under 21 years of age or renewed without reinspection
of the premises. If an application is denied there is a minimum six-month
waiting period until applicant can reapply unless the applicant can
show the reason for the objection no longer exists.
(4)
Abatement of nuisances. All activities conducted hereunder are subject to Chapter 10 relating to public nuisances. If such activities are found by the Police Department to constitute a public nuisance, the activity shall be discontinued immediately upon the permit holder being ordered to do so by the Police Department pursuant to § 10.10(2) of this Municipal Code.
[Amended 8-5-2009 by Ord. No. 2009-24]
(5)
Suspension of license. The Village President or designee may, at
any time, suspend for not more than 10 days any license granted under
the provisions of this section for disorderly or immoral conduct on
the premises, or for the violation by the licensee, his agents or
employees of any of the rules, regulations, ordinances or laws of
the state or Village governing or applying to public peace, safety,
morals or general welfare.
[Amended 9-2-2020 by Ord.
No. 2020-13]
(1)
Registration required. No direct seller shall engage in direct sales
within the Village without being registered for that purpose.
(2)
CHARITABLE ORGANIZATION
CLERK
DIRECT SELLER
GOODS
PERMANENT MERCHANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
The Village Clerk or any authorized deputy of the Clerk.
Any individual who, for themselves or for another person,
or a firm, association, partnership, or corporation, solicits or offers
for sale, or sells or attempts to sell, goods, or takes sales orders
for the later delivery of goods, or offers to schedule or solicits
any appointment or follow-up visit, telephone call, or electronic
communication of any nature, with the intent of said appointment,
follow-up visit, telephone call, or electronic communication to include
a solicitation or offering of goods for sale, or to sell or attempt
to sell goods, or take a sales order for the later deliver of goods,
at any location other than the permanent business place or residence
of such person, firm, association, partnership or corporation, and
shall include, but not be limited to, peddlers, solicitors and transient
merchants.
Includes personal property of any kind and shall include
goods provided incidental to services offered or sold.
A direct seller who, for at least one year prior to the consideration
of the application has continuously:
(3)
Exemptions. The following shall be exempt from all provisions of
this chapter:
(a)
Any person delivering newspapers, fuel, dairy products or bakery
goods to customers on established routes.
(b)
Any person selling goods at wholesale to dealers.
(c)
Any person selling home-grown agricultural products.
(d)
Any permanent merchant or employee who takes orders for goods
regularly offered for sale by such merchant and who delivers such
goods in their regular course of business.
(e)
Any person who has an established place of business where the
goods being sold are 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 had, or represents a company which had, a prior
business transaction, such as a prior sale or credit arrangement,
with the prospective customer.
(g)
Any person offering for sale a service unconnected with the
sale of goods.
(h)
Any person holding a sale required by statute or order of any
court and any person conducting a bona fide auction sale pursuant
to law.
(i)
Any student enrolled in the Mount Horeb Area School District,
or enrolled in a private school or licensed child care, day care,
or early learning facility located within the boundaries of the Mount
Horeb Area School District, who engages in direct sales for or on
behalf of the school or facility or any organization, group, or team
organized by, recognized by, or operated by the school or facility.
(j)
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 proof that such charitable
organization is registered under § 440.41, Wis. Stats. Any
charitable organization not registered under § 440.41, Wis.
Stats., or which is exempt from that statute's registration requirements,
shall be required to register under this chapter.
(4)
Registration.
(a)
Applicants for registration complete and return to the Clerk
a form furnished by the Clerk which requires the following information:
1.
Name, permanent address and telephone number, and temporary
address, if any.
2.
Age, height, weight, color of hair and eyes.
3.
Name, address and telephone number of the person, firm, association,
partnership or corporation that the direct seller represents or is
employed by whose merchandise is being sold.
4.
Nature of business to be conducted and a brief description of
the goods and any services offered.
5.
Proposed method of delivery of goods, if applicable.
6.
Name, model and license number of any vehicle to be used by
applicant in the conduct of his business.
7.
Last three cities, villages or towns where applicant conducted
similar business.
8.
Address and telephone number where applicant can be contacted
while conducting business in the Village and for at least seven days
after cessation of business activities in the Village.
9.
Statement as to whether applicant has been convicted of any
crime or ordinance violation related to applicant's transient
merchant business within the last five years, including the nature
of the offense and the place of conviction.
(b)
Applicants shall present to the Clerk:
1.
A driver's license or some other proof of identity.
2.
A state certificate of examination and approval from the sealer
of weights and measures when applicant's business requires use
of weighing and measuring devices approved by state authorities.
3.
A state health officer's certificate when applicant's
business involves the handling of food or clothing and is required
to be certified under state law; such certificate to state that applicant
is apparently free from any contagious or infectious disease, dated
not more than 90 days prior to the date the application for license
is made.
(c)
At the time the application is submitted to the Clerk, the fee established in § 12.01 of this chapter shall be paid to the Clerk to cover the cost of processing such application. The applicant shall sign a statement appointing the Clerk as an agent to accept service of process in any civil action brought against the applicant or the person, firm, association, partnership or corporation that the applicant represents, is employed by, or whose merchandise is being sold, arising out of any sale or service performed by the applicant in connection with the direct sales activities of the applicant, if the applicant or the person, firm, association, partnership or corporation that the applicant represents, is employed by, or whose merchandise is being sold cannot, after reasonable effort, be served personally.
(d)
Upon payment of the fee, signing of the statement, and satisfactory completion of the investigation specified in Subsection (5), the Clerk shall register the applicant as a direct seller and date the entry, and shall provide to the direct seller proof of registration with the Clerk containing the following information:
1.
Full legal name of the registered direct seller.
2.
Name, address and telephone number of the person, firm, association,
partnership or corporation that the direct seller represents or is
employed by, or whose merchandise is being sold.
3.
The date that the registration of the direct seller is effective,
and the date that the registration of the direct seller expires.
4.
The seal of the Village and the signature of the Clerk.
(e)
Registration will be valid for the time period the permit was
purchased for.
(5)
Investigation.
(a)
Upon receipt of each application, the Clerk will refer it to
the Chief of Police who will complete an investigation of the statements
made in the application within 72 hours.
(b)
The Clerk may refuse to register the applicant if it is determined
by the Clerk or the Chief of Police that:
1.
The application contains any material omission or materially
inaccurate statement;
2.
Complaints of a material nature have been received against the applicant, or the person, firm, association, partnership or corporation represented by the applicant, by authorities in the last cities, villages and towns, not exceeding three, in which the applicant conducted similar business; or, in the case of an application submitted by a direct seller previously registered by the Clerk in the past two years, or another direct seller on behalf of a person, firm, association, partnership, or corporation with a previous direct seller registered by the Clerk in the past two years, said complaints, or complaints of violations of Subsection (7), have been received by the Clerk or the Chief of Police during any prior period of registration;
3.
The direct seller, or another direct seller on behalf of the person, firm, association, partnership, or corporation represented by the direct seller has previously been convicted of violations of § 12.05;
4.
The applicant was convicted of a crime, statutory violation,
or ordinance violation within the last five years, the nature of which
directly relates to the applicant's fitness to engage in direct
selling; or
(c)
If registration is refused, the Clerk shall provide notice of
refusal in writing to the applicant and shall state the specific grounds
for refusal.
(6)
Appeal. Any person denied registration may appeal to the Village
Board by filing a written statement within 14 days after the date
registration was refused setting forth the grounds for appeal. The
Village Board will notify the applicant, at least 48 hours prior to
the hearing date of the time and place set for the hearing. The notice
will be sent to the address given by the petitioner in his statement
of appeal or served personally on the petitioner.
(7)
Regulation of direct sellers.
(a)
Prohibited practices.
1.
A direct seller shall be prohibited from:
a.
Calling at any dwelling or other place between the hours of
5:00 p.m. and 9:00 a.m. except by prior appointment requested by the
usual occupant of the dwelling or place;
b.
Calling on Sundays and legal holidays;
c.
Calling at any dwelling or other place where a sign is displayed
bearing the words "no peddlers," "no solicitors," or words of similar
meaning;
d.
Calling at the rear door of any dwelling place;
e.
Refusing to display or provide for inspection upon request by any police officer or citizen the proof of registration of the direct seller provided by the Clerk pursuant to Subsection (4); or
f.
Remaining on any premises after being asked to leave by the
owner, occupant or other person having authority over such premises.
2.
A direct seller shall not misrepresent or make false, deceptive
or misleading statements for the purpose of his visit, his identity
or the identity of the organization he represents concerning the quality
or quantity of goods offered for sale.
3.
A direct seller on behalf of a charitable organization shall
specifically disclose what portion of the sale price of goods being
offered will 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 goods.
4.
No direct seller shall impede the use of sidewalks and streets
by pedestrians and vehicles. When sales are made from vehicles, all
traffic and parking regulations shall be observed.
5.
No direct seller shall make any loud noises or use any sound
amplifying device to attract customers if the noise produced is capable
of being plainly heard outside a 100 feet radius of the source.
6.
No direct seller 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-a direct seller will disclose his name, the name of the company or organization he represents, and the identity of goods or services for sale. Upon request by any police officer or citizen, the direct seller shall provide for inspection the proof of registration of the direct seller provided by the Clerk pursuant to Subsection (4).
2.
If any sale of goods is made by a direct seller, or any sales
order for the later delivery of goods 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(1)(a),
(b), (c), (2) and (3), Wis. Stats.
3.
If the direct seller takes a sales order for the later delivery
of goods, he will 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.
(8)
Records. The Chief of Police shall report all convictions for violation of this provision to the Clerk who will note any violation on the record of the registrant. Convictions of violations of this § 12.05 shall bar the direct seller, or the person, firm, association, partnership, or corporation represented by the direct seller, from registration in the Village as a direct seller for a period of two years, and may be used by the Clerk to determine fitness for registration in any subsequent application for registration received after said two-year period.
(9)
Revocation of registration.
(a)
Registration applications may be revoked by the Clerk if the
registrant made any material omission, or materially inaccurate or
fraudulent statement. The Clerk may revoke all registrations of direct
sellers operating on behalf of a person, firm, association, partnership
or corporation based upon the actions of any direct seller operating
on behalf of said person, firm, association, partnership or corporation.
(b)
Notice of revocation shall be in writing and shall state the specific grounds for revocation. The revocation shall be effective once notice is personally served on a direct seller by the Clerk or the Chief of Police or designee. If the direct seller cannot be located for personal service, the Clerk shall deliver the notice by first-class U.S. mail, postage prepaid, to the addresses listed by the direct seller in the application submitted pursuant to Subsection (4) and the Clerk shall affirm, in writing, that the notice was duly mailed.
(c)
Any direct seller whose registration has been revoked by the
Clerk may appeal to the Village Board by filing a written statement
within 14 days after the date registration was revoked setting forth
the grounds for appeal. The Village Board shall notify the appellant
at least 48 hours prior to the hearing date of the time and place
set for the hearing, such notice to be sent to the address given by
the appellant in the statement of appeal, or served personally on
appellant.
[Added 7-1-2020 by Ord.
No. 2020-08]
Definitions. As used in this section, the following terms shall
have meanings indicated:
A motorized vehicle (hereinafter referred to as a "food truck"
and/or "mobile food vehicle") which may temporarily park in an area
designated by this chapter and engage in the service, sale, or distribution
of ready-to-eat food for individual portion service to the general
public directly from the vehicle upon issuance of a vendor vehicle
permit by the Village Clerk and conformance with the regulations established
by this chapter.
The registered owner of a mobile food vehicle or the owner's
agent or employee are referred to in this article as "vendor."
A wheeled cart, specifically designed and used for keeping,
storing, or warming food or beverage for sale by a mobile food vehicle
vendor, which may be moved by one person without the assistance of
a motor.
(1)
Permit required.
(a)
It shall be unlawful for any person to do any of the following
within a public right-of-way or on public property in the Village
of Mount Horeb without a valid vendor vehicle permit as prescribed
in this section:
(2)
Permit application; regulation.
(a)
Any person desiring to operate a mobile food vehicle or pushcart
will make written application for a vendor vehicle permit to the Village
Clerk's office. The application provided by the Village Clerk's
office will include all of the following:
1.
The name, signature, and address of each applicant and of each
member or officer of a corporate applicant.
2.
Current vehicle registration and a description, including make,
model, vehicle identification number (VIN), and license plate, of
the mobile food vehicle.
3.
A valid copy of all necessary licenses, permits or certificates
required by the County of Dane, the State of Wisconsin, or any subsidiary
enforcement agencies or departments thereof, including but not limited
to valid proof of registration for the vehicle and driver's licenses
for all operators.
4.
Any additional information deemed necessary by the Village Clerk
to determine if issuance of a mobile food vending permit to a particular
applicant would be in the best interest of the public.
(b)
Upon receipt of a vendor vehicle permit application the Village
Clerk may conduct a background check and may refer to the Chief of
Police or his or her designee who may complete an investigation of
the statements made in the application. Any investigation will be
completed as soon as practicable. The Village Clerk may refuse to
register the applicant if any of the following is determined:
(c)
A permit issued under this section shall be valid for a period
of one year, unless suspended or revoked for cause, and shall not
be assignable or transferable.
1.
Each vendor vehicle permit will expire on January 1 of each
year.
2.
A vendor vehicle permit is not transferable from person to person.
3.
A vendor vehicle permit is valid for one vehicle only and is
not transferable. A separate permit shall be obtained for each vehicle
used by the mobile food vehicle vendor.
4.
The vendor vehicle permit will be prominently affixed to the
mobile food vehicle.
5.
Permit fee shall be paid in accordance with the fee schedule
set by resolution of the Village Board.
(3)
Regulations.
(a)
Mobile food establishments shall comply with all state and county
food and health code requirements applicable to the unit and related
food and beverage license.
(b)
All state, county, and Village of Mount Horeb permits shall
be conspicuously displayed on the establishment while in operation.
(c)
No person shall park, stop, or operate a mobile food vehicle
or pushcart, nor shall any vendor vehicle permit any person to park,
stop or operate a mobile food vehicle or pushcart in a location adjacent
to or within a 300-foot radius of the nearest edge of any building
or section of a building comprising a licensed food establishment,
excluding any patio, awning, or temporary enclosure attached thereto,
the kitchen of which is open for serving food to patrons. This requirement
may be waived if the most recent application for a vendor vehicle
permit was submitted together with the written consent of the proprietor
of the adjacent licensed food establishment.
(d)
The customer service area for mobile food vehicles shall be
on the side of the truck that faces a curb, lawn or sidewalk when
parked. No food service shall be provided on the driving lane side
of the truck. No food shall be prepared, sold or displayed outside
of a mobile food vehicle.
(e)
All vendors will abide by all parking and traffic laws, ordinances,
statutes, rules, and regulations at all times, except that a mobile
food vehicle that is of such a length that it occupies all or a portion
of two marked parking spaces may park in said spaces so long as it
abides by all other parking restrictions.
(f)
All mobile food vehicle units must maintain a distance of 10
feet from the nearest edge of any building, vehicle and combustible
materials and two feet from the curbs. All vendors will maintain any
legally required distances from crosswalks, curb cuts, sidewalk benches,
bike racks, bus shelters and stops and other obstructions. The vendor
is required to set up the mobile food vehicle, arrange for waiting
on customers and have customers line up in a way that avoids conflict
between customers and the traveling public, including pedestrians,
and parked and moving vehicles. A clearance of not less than five
feet wide will be maintained on any public sidewalk upon which a pushcart
is located. Mobile food vehicles are not permitted on public sidewalks.
(g)
Mobile food vendors are allowed in Village parking lots only
as part of an approved special event or upon approval by the Village
Board. Mobile food vendors are allowed adjacent to or within Village
parks with Village Board approval, but shall not park, stop, or operate
a mobile food vehicle or pushcart, nor permit any person to park,
stop, or operate a mobile food vehicle or pushcart, in a location
adjacent to or within a 300-foot radius of the nearest edge of any
building or section of a building located in a Village park that sells
food or beverages.
(h)
Anyone, other than the mobile food vendor vehicle permit holder,
running the establishment without the permit holder present will need
a current mobile food establishment operator license approved by the
Village. The mobile food establishment operator will be required to
hold a valid driver's license with classification to allow operation
of the mobile food vehicle and shall be with the vehicle at all times
that any activity is taking place in the mobile food vehicle. The
vendor is liable for any violation of this subsection.
(i)
All mobile food vehicle vendors shall provide a waste container
for public use which the vendor shall empty at its own expense. All
trash and garbage originating from the operation of mobile food vehicles
shall be collected and disposed of off-site by the operators at least
each day and as often as is reasonable to protect the public health,
safety, and welfare. Spills of food or food by-products shall be cleaned
up by the vendor, and no dumping of gray water within the Village
shall be permitted.
(j)
A valid food establishment permit issued by the State of Wisconsin/Dane
County Health Department will be required. The mobile food establishment
will be required to be inspected by the health department and to satisfy
the relevant provisions of Chapter ATCP 75, Wis. Adm. Code. In addition,
the mobile food establishment shall pay an inspection fee for this
inspection.
(k)
The mobile food establishment may be required to be inspected
by the Mount Horeb Area Fire Department for the purpose of ascertaining
and causing to be corrected any conditions or any violations of any
law or ordinance relating to fire and life safety hazards. The mobile
food establishment shall pay any applicable inspection fee for this
inspection. The Mount Horeb Area Fire Department shall also have the
right to conduct on-site inspections when the mobile food vehicle
is operational. A certificate of compliance shall be permanently and
prominently affixed to the mobile food vehicle.
(l)
Any power or fuel required for the mobile food vehicle shall
be self-contained, and a mobile food vehicle shall not use utilities
drawn from the public right- of-way. Mobile food vehicles on private
property may use electrical power from the property being occupied
or an adjacent property, but only when the property owner provides
written consent to do so. All power sources must be self-contained.
No power cable or equipment shall be extended at or across any Village
street, alley or sidewalk.
(m)
Mobile food vehicle or pushcart vending hours on public property
and public right-of-way are from 8:00 a.m. to 9:00 p.m. (Sunday through
Thursday) and from 8:00 a.m. to 10:00 p.m. (Friday and Saturday).
Mobile food vehicle must be closed, the area cleaned, and the mobile
food vehicle removed by the time specified. Mobile food vehicle vending
hours are not restricted on private property locations.
(n)
Nothing in this article shall be deemed to supersede or repeal
any ordinance relating to noise, park closing hours, or parking, except
as specifically provided in the article. Vendors will take every precaution
to ensure that their operations do not materially affect the peace
and welfare of the general public or cause any unreasonably loud,
disturbing, and unnecessary noise or any noise of such character,
intensity, or duration as to be detrimental to the life or health
of any individual, or which is in the disturbance of public peace
and welfare, and/or which creates a nuisance.
(4)
Suspension and revocation.
(a)
A vendor vehicle permit or mobile food establishment operator
license may be suspended or revoked by the Village Clerk or the Chief
of Police if the permit holder or operator license holder made any
material omission or materially inaccurate statements in the permit
application, or if the permit holder violates any provision of this
article, or if there are noise complaints related to the mobile food
vehicle or the operation thereof, or if the permit holder becomes
ineligible to hold the permit under the provisions of § 111.321
of the Wisconsin Statutes, or any other applicable statute(s). Notice
of suspension or revocation will be personally served on the applicant
and will include a statement of the act(s) upon which the suspension,
revocation, or denial is based.
(5)
Violations and penalties.
(a)
Any person violating any provision of this article shall be subject to the forfeitures and penalties contained in § 25.04 of the Municipal Code. Each day of violation shall constitute a separate offense.
(b)
The Police Department and/or the Public Services Department
shall have concurrent authority to remove or cause the removal of
any vending equipment or merchandise found on the street, sidewalk,
terrace, or other vending location in violation of any regulations
established within this ordinance. In addition to any forfeiture,
the violator shall be liable for any removal, towing, and storage
charges incurred by either department.
(c)
The Village of Mount Horeb shall have the right to seek any
remedies available to it under the law, or in equity with respect
to any violation(s) of this chapter.
[Added 7-5-2006 by Ord. No. 2006-17]
(1)
Purpose. Under special circumstances, street use may be permitted,
subject to reasonable municipal regulation and control. This section
is to regulate and control the use of streets for purposes other than
ordinary uses, pursuant to a street use permit to protect and maintain
the health, safety and general welfare of the public .
(2)
PERSON
STREET
VILLAGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any public way, street, highway, sidewalk, terrace, alley,
or public square. For purposes of this section, a bicycle path or
bicycle way shall also be considered a street.
The Village of Mount Horeb.
(3)
Application.
(a)
An application for a street use permit must be filed with the
Village Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(4)
Application deadline and review.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(a)
An application to close three or more blocks; or to close a
street or streets which requires substantial rerouting of vehicular
traffic; or which shall be longer than one day, must be submitted
not less than 60 days prior to the beginning date of the proposed
event. Applications will be reviewed at the next regular Village Board
meeting. The Village Clerk shall issue the permit after approval of
the Village Board.
(b)
An application to close less than three blocks shall be submitted
not less than 14 days prior to the beginning date of the proposed
event. The application will be reviewed by the Chief of Police prior
to final approval by the Village Administrator. The Village Clerk
will issue the permit after approval of the Village Administrator.
(c)
Alcohol beverage permit. If the applicant requests permission
to sell beer or wine on a public street, the applicant shall submit
an application for temporary Class "B"/"Class B" retailer's license
to the Village Clerk and follow the requirements under §§ 125.26(6)
or 125.51(10), Wis. Stats.
(d)
Sound amplification. The use of sound amplification equipment
may be approved as part of the street use permit, except that the
use of sound amplification equipment may only be approved between
10:00 a.m. and 9:00 p.m.
(e)
Notification. Applicant must make a reasonable attempt to notify
all residences and businesses that may be impacted in the area included
in the street use permit. Evidence of this notification may be required
by the Village Administrator or Village Board.
(f)
Permit fee. A nonrefundable permit fee as established in the
Village Fee Schedule shall be paid with the street use permit application.
If the application is for more than one event, a permit fee is due
for each event. Any additional costs for the use of Village equipment
or staff time will be estimated at the time of approval of the permit
and must be paid prior to the issuance of the permit. Any additional
actual costs incurred by the Village for the event must be paid by
the applicant within 20 days of billing. The Village may waive the
permit fee for charitable organizations.
(5)
Regulations for issuance. The following regulations, in addition
to any other mandatory requirements, shall govern the issuance of
street use permits. In the case of a street use permit requested solely
to facilitate access to an event occurring off the street, the "event"
for purposes of these standards shall be those activities reasonably
expected to take place within the street(s) to be closed. A street
use permit shall be issued to an applicant unless:
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(a)
The time and size of the event would substantially interrupt
the safe and orderly movement of pedestrian and vehicular traffic
in the vicinity of the event's location;
(b)
The number of participants at the event would interfere with
fire and police protection or other emergency service to the event
or to areas adjacent to the event location;
(c)
The estimated number of participants or the size or type of
event equipment is not sufficient to close a street and there is an
alternative available;
(d)
Another street use permit has already been granted for substantially
the same time and location;
(e)
The size or time of the event would require a diversion of Village
police, fire and other emergency staff as to prevent normal protection
of the Village or to prevent adequate protection at another previously
scheduled event;
(f)
The event is reasonably likely to cause injury to persons or
property and there is inadequate planning for crowd control of participants;
(g)
Adequate sanitation or other necessary health facilities will
not be available at the event;
(h)
There is an insufficient number of parking places within a reasonable
distance or inadequate alternative parking or transportation options
to accommodate the number of vehicles expected;
(i)
The time, size or nature of the event is incompatible with the
normal activity at that location intrudes on the comfort and convenience
of the residents;
(j)
The proposed use or event will have a significantly adverse
environmental impact;
(k)
The applicant has provided fraudulent information on the application;
(l)
The applicant has a balance owed to the Village for unpaid fees
related to a previous street use permit;
(m)
The proposed street use does not comply with the following minimum
safety restrictions:
(6)
Insurance.
(a)
The requirement of insurance shall be determined according to
objective standards including, but not limited to, the size and nature
of the event, the number of expected participants, the potential for
physical injury or property damage caused by participants.
(b)
If insurance has been determined to be required for an event
under Subsection (7)(a) above, the applicant shall furnish a certificate
of commercial general liability insurance to the Village Administrator
with the Village, its employees and agents as additional insureds.
The insurance shall include coverage for contractual liability with
minimum limits of $1,000,000 in the aggregate. The certificate of
insurance shall provide 30 days' written notice to the Village upon
cancellation, nonrenewal, or material change in the policy. If insurance
is required for the event, the applicant shall provide the certificate
of insurance no less than five days prior to the event.
(7)
Termination of a street use permit. A street use permit for an event
in progress may be terminated by the Chief of Police, Fire Chief,
or designees if termination is a reasonable and necessary response
in the face of imminent danger or threat to public safety or if there
is a violation of any condition of the permit.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(8)
Cleanup requirements. Before the street use permit expires, the applicant
shall be responsible to return the street to the condition that existed
prior to the event or activity. In the event the applicant fails to
restore the area to good condition, the Village shall perform the
work and bill to the applicant for the cost of the work.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(9)
Penalty. Any person in violation of the following may be subject
to a forfeiture of not less than $50 nor more than $500 for each violation:
(a)
Hold, sponsor, initiate, commence, or be in charge of any activity
for which a street use permit is required without having been issued
a valid street use permit for said activity.
(b)
Violate any condition in a street use permit; encourage others
to do the same; or, as the applicant or sponsor of an event for which
a street use permit has been issued, permit or allow a violation of
a condition of the permit. The applicant or sponsor is considered
to have permitted or allowed a violation of a condition if the applicant
or sponsor was issued a permit with the conditions listed, and a violation
of any listed condition occurs during the event.
(c)
Provide false or inaccurate information on a written application
for a street use permit.
(d)
Knowingly participate in an activity for which a street use permit is required without a valid street use permit having been granted or after a permit has been terminated pursuant to Subsection (7) above.
(e)
Violate any other subsection of this section.
[Amended 2-1-2006 by Ord. No. 2006-07]
(1)
Coverage. "Taxicab," "automobile," "van," or "vehicle," as used in
this section, includes and means a vehicle propelled by motor power
engaged for the purpose of transporting persons for hire on the streets
of the Village, and which is operated by the owner or his or her agent
or employee. Nothing in this section shall be deemed or construed
as being applicable to any Village bus line, hotel bus line, street
railway car or bus line, hospital ambulance, hearse or motor vehicle
operated in the Village in their usual business.
(2)
Taxicab business license required.
(a)
No person shall own or operate a business for the purpose of
transporting persons for hire on the streets of the Village via a
taxicab, automobile, van or vehicle without first obtaining a taxicab
business license from the Village Board. Vehicles operated by volunteers
or by public or not-for-profit agencies are excluded from the provisions
of this section.
(b)
A taxicab business licensee shall also obtain a taxicab operator's permit under Subsection (7) prior to operating a taxicab, automobile, van or vehicle for hire on Village streets.
(c)
Any person intending to use a taxicab, automobile, van or vehicle
for the purpose of transporting persons for hire on the streets of
the Village must state such intent on his or her application for the
certificate of title for the vehicle pursuant to § 342.06(3),
Wis. Stats.
(d)
An entity whose primary business operation is not located in
the Village and which primarily transports individuals to and from
the Village, and not within the Village, is not required to obtain
a taxicab business license.
[Added at time of adoption of Code (see Ch. 1, General Government,
Art. V)]
(3)
Application for taxicab business license.
(a)
Application for a taxicab business license shall be made in writing to the Village Clerk, stating the full name of the applicant, his or her address, the make, model and serial number of the vehicle or vehicles he or she proposes to operate as part of the taxicab business, and the State of Wisconsin license numbers for the vehicle or vehicles. After the vehicle has been inspected and approved in accordance with Subsection (4)(b), the Village Clerk shall provide a vehicle number for each vehicle, to be marked on the vehicle in accordance with Subsection (14)(a). Should an applicant make a change in the vehicle(s) operated under the license, he or she shall make any additions or substitutions with the Village Clerk.
(b)
Taxicab business licenses shall expire on June 30 each year,
and must be renewed on an annual basis. Application for renewal of
an existing license shall be made in the same manner as for the initial
license.
(4)
Approval of taxicab business license.
(b)
Before an application for a taxicab business license is approved,
the Chief of Police, or his or her designee, shall inspect each vehicle
to be operated as part of the taxicab business. Any defect found by
the inspection shall be corrected before a license is issued. The
applicant or licensee shall pay an administrative fee as provided
in the Village Fee Schedule, plus the actual cost of inspection for
each vehicle inspection.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(c)
Taxicab business licenses are nontransferable.
(5)
Insurance required. A taxicab business license shall be issued and
granted only upon condition that the applicant will first obtain and
keep in force during the continuance of the license, a policy of liability
insurance with limits of not less than $100,000 per person and $300,000
per occurrence for bodily and personal injury and not less than $100,000
for damage to property, resulting from the negligence of the operator
of the taxicab, automobile, van or vehicle during the period for which
the license is to be issued. The insurance shall provide coverage
for the licensee and any employees or agents of the licensee. The
cancellation or other termination of any insurance policy issued in
compliance with this section shall automatically revoke and terminate
the licensee's taxicab business license, unless another policy has
been filed and approved under this section and is in effect at the
time of such cancellation or termination of the previous insurance
policy.
(6)
Revocation of taxicab business license. The Village Board may revoke a taxicab business license when public safety so requires. The Village Board shall follow the revocation procedures set forth in § 12.02(10).
(7)
Taxicab operator's permit required.
(a)
No person shall operate any taxicab, automobile, van or vehicle
for the transportation of passengers for hire within the limits of
the Village until he or she has obtained a taxicab operator's permit
from the Village Clerk.
(b)
No person shall obtain a taxicab operator's permit unless the
person holds a taxicab business license or is the employee or agent
of the holder of a taxicab business license.
(c)
No person shall obtain a taxicab operator's permit unless the
person has a valid Wisconsin operator's license pursuant to Ch. 343,
Wis. Stats. The permit shall not be granted to any person under the
age of 18 years or to any person who has been convicted for any offense
involving moral turpitude, for operating or driving a motor vehicle
while under the influence of an intoxicant or controlled substance,
or for operating or driving a motor vehicle while the person has a
prohibited alcohol concentration.
(8)
Application for taxicab operator's permit.
(a)
Application for a taxicab operator's permit shall be made in
writing to the Village Clerk, stating the full name of the applicant,
his or her address, and the make, model and serial number of the vehicle
or vehicles he or she proposes to operate. The applicant shall also
provide the Village Clerk with a copy of his or her current Wisconsin
operator's license.
(b)
Upon receipt of the application and determination that the applicant
meets all the requirements, the Village Clerk shall issue the taxicab
operator's permit.
(c)
Taxicab operator's permits expire on June 30 each year and must
be renewed on an annual basis. Application for renewal of an existing
permit shall be made in the same manner as for the initial permit.
(9)
Revocation of taxicab operator's permit.
(a)
Any taxicab operator's permit issued shall be revoked by the
Village Board if the operator is subsequently convicted for any offense
involving moral turpitude, for operating or driving a motor vehicle
while under the influence of an intoxicant or controlled substance,
or for operating or driving a motor vehicle with a prohibited alcohol
concentration.
(b)
Any taxicab operator's permit issued may be revoked by the Village
Board if the person is subsequently convicted for speeding or reckless
driving.
(10)
Permit to be posted. Following approval of the taxicab operator's
permit, the operator shall receive a written permit stating the date
of expiration. A photograph of the operator shall be attached to the
taxicab operator's permit and displayed in a conspicuous place in
the vehicle.
(11)
Register. The Village Clerk shall keep a register of the name of
each individual who has obtained a taxicab business license, together
with the license number, and the name of each individual who has obtained
a taxicab operator's permit, together with the permit number.
(12)
Vehicle inspection. By applying for and obtaining a taxicab business
license, the licensee agrees to allow the Police Department to inspect
any vehicle used as a taxicab at any time while the permit is valid
and agrees to correct any defect found in the mechanical or other
equipment of the automobile. Failure to correct any defect shall be
cause for revocation of the license.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(13)
Vehicle condition. All taxicab business licensees under this section
shall keep all vehicles in clean and sanitary condition at all times
and keep the vehicles in proper repair and maintenance.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(14)
Marking of taxicabs.
(a)
Every vehicle used shall be conspicuously marked on the right
and left sides of the vehicle with the name of the owner and vehicle
permit number. The letters and numbers must be at least three inches
in length and height, and be of a light color on a dark background,
or dark color on a light background. No vehicle shall be used for
carrying passengers until the foregoing provisions have been complied
with.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(b)
The rates or fares for the use of the taxicab shall be visible
to the passengers.
(c)
No person shall operate a vehicle regularly used for transporting
passengers for hire displaying any lighting device for identification
purposes other than a single illuminated sign or lighted lamp mounted
above the top line of the windshield, colored white, amber or green.
The illuminated sign or lamp shall be constructed to emit a steady
nonglaring light.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
[Amended 7-7-1997 by Ord. No. 97-13; 2-4-2009 by Ord. No. 2009-03; 8-4-2010 by Ord. No. 2010-06]
(1)
License required. Except as provided under § 174.054, Wis. Stats., any dog or cat more than five months of age shall be licensed annually. The owner shall furnish the rabies vaccination certificate required under § 11.08(3) of this Municipal Code before a license will be issued.
(2)
AT LARGE
DEPARTMENT
IMPOUNDMENT
OWNER
OWNER'S DESIGNEE
PERMIT
Definitions. In this section, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
[Amended 1-5-2011 by Ord. No. 2011-01; at time of adoption
of Code (see Ch. 1, General Government, Art. V)]
To be off the premises of the owner and not under the control
of the owner or the owner's designee, either by leash or otherwise.
The Police Department in the Village of Mount Horeb.
The confinement of an animal in a Police Department approved, supervised facility such as a veterinarian's kennel, commercially operated kennel or the county pound. [See § 12.08(14)].
Any person owning a dog or cat (animal).
Person responsible for harboring, keeping, or otherwise caring
for an owner's animal for any period of time.
The otherwise unregulated right to keep an animal not covered
by a requirement for a municipal license or permit.
(3)
License application. On or before the date that a dog or cat becomes
five months of age, the owner must apply for a dog or cat license
at the Village Clerk's office. The Village shall maintain records
of all licenses applied for and issued.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(4)
Annual license fee. An annual dog or cat license fee shall be set
by resolution of the Village Board and is provided in the Village
Fee Schedule.
[Amended 11-20-2019 by Ord. No. 2019-10; at time of adoption
of Code (see Ch. 1, General Government, Art. V)]
(5)
License year. The license year is January 1 through December 31.
(6)
Late fees. An owner shall pay a late fee in addition to the annual
license fee if he fails to obtain the license:
(7)
No fee for guide dogs. The license provisions of this section shall
not apply to specially trained guide dogs used to assist blind or
deaf persons. A person owning a specially trained guide dog shall
receive a free annual license from the Village Clerk's office after
application is submitted.
(8)
License tag required. Upon issuance of the license, the Village shall
provide the owner with a tag. The license tag shall be attached to
the collar, except while the animal is in competition or training,
is securely confined indoors or is confined to a fenced area.
(9)
Unlicensed dogs and cats. Any unlicensed dog or cat may be impounded
by the Police Department if the owner cannot be located. Any dog or
cat found to be at large without a license tag attached to its collar
shall be presumed to be unlicensed. Release of the animal may be obtained
by paying the impound fee, boarding fees and any other actual impoundment
cost incurred by the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(a)
Owners
of unlicensed dogs and cats will be given fifteen-day notice to obtain
a license or face penalty.
(10)
Restrictions on keeping of dogs and cats. No person within the Village
shall own, harbor or keep any animal which:
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(a)
Habitually pursues any vehicle on any public street, alley or
highway in the Village.
(b)
Attacks any person.
(c)
Is known to be of vicious disposition. An animal is deemed to
be of vicious disposition if it bites or inflicts serious injury to
a person in unprovoked circumstances.
(d)
Kills, or attempts to kill, any domestic animal or songbirds,
but not including rodents such as mice, gophers or moles.
(e)
Is at large within the limits of the Village.
(g)
Is known to be infected with rabies or to have been bitten by
an animal infected with rabies.
(h)
Habitually disturbs the peace and quiet of any person. If a
complaint is received and sustained by the Police Department on three
or more separate occasions, the animal will be deemed a nuisance.
(11)
Duty of owner and owner's designee.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(a)
In cases of dog or cat bite: Immediately report the bite to
the Police Department and keep such dog or cat confined for not less
than 14 days or for the period of time as the Police Department directs.
The owner or designee of any such dog or cat shall surrender the dog
or cat for examination to the Police Department upon demand.
(b)
Dog/cat feces.
1.
Persons walking dogs or cats required to remove fecal matter.
The owner or owner's designee will remove and dispose of any fecal
matter deposited on any street, alley or other public or private property
immediately. No person shall walk a dog or cat beyond the limits of
his own property without having in his possession an item designed
to pick up and remove fecal matter.
2.
Accumulation of fecal matter prohibited on private yards. The
owner or owner's designee shall not allow the accumulation of dog
or cat feces on his own property.
(12)
Killing of dogs and cats. Any police officer or animal control officer
of the Village may kill any dog or cat which is in the process of
assaulting or attacking any person or any domestic animal or if the
officer deems such an attack imminent. The owner, if known, will be
notified.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(13)
Impounding of dogs and cats (animals).
(a)
Release of dogs, cats, or other animals captured and impounded for violating Subsection (10) may be obtained by paying any related costs of impounding the animal. These fees may include: the cost of any veterinary care, laboratory tests, and/or medical treatment while in custody, and fines and fees assessed by the Dane County Humane Society and Dane County Animal Control. The officer may release the impounded animal to its owner or a representative of the owner only if the owner or representative:
(b)
After a dog, cat, or other animal has been impounded, the impounding
officer shall make an attempt to notify the owner of the dog, cat,
or other animal. The animal will be held at the Mount Horeb Police
Department for a period of one hour to give the officer an opportunity
to contact the owner and the owner an opportunity to report the animal
as missing. In the event the owner calls to retrieve the animal, the
officer may release the animal to the owner. If, after the one-hour
time frame the owner of the animal has not been identified, the Dane
County Humane Society will be contacted and arrangements will be made
for an animal control officer to respond to the Police Department
to take custody of the animal.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(c)
The Police Department may issue the owner a citation for the
animal being at large. Additional citations may be issued in the event
the animal is not licensed, etc.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(d)
Any animal turned over to the Dane County Humane Society will
be held, released, or disposed of according to their rules and regulations
in addition to the fine imposed by the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(14)
Dangerous dogs and cats. Regulation of dangerous animals is a matter
of public interest pertaining to the health, safety, and welfare of
residents of the Village. The Village of Mount Horeb adopts Dane County
Dangerous Animals Ordinance 47.18. Animal Services of Madison and
Dane County are authorized to enforce Ordinance 47.18 within the Village
limits.
[Added 1-5-2011 by Ord.
No. 2011-01; amended at time of adoption of Code
(see Ch. 1, General Government, Art. V)]
[Added 5-4-2001 by Ord. No. 2001-04]
(1)
Permit required. It shall be unlawful for any person to sell, or
offer to sell, any food for beverage at a sidewalk cafe located on
any street, alley, sidewalk, street terrace, or other public property,
unless a sidewalk cafe permit is obtained.
(2)
SIDEWALK CAFE
Definition. As used in this section, the following terms shall have
the meanings indicated:
Any group of tables, chairs, benches, barriers or partitions,
trash containers and suitable decorative devices maintained on any
part of the public right-of-way for use by the holder of a restaurant
permit under Wisconsin Statutes for the sale of food, refreshments
and beverages to the public.
(3)
Application procedure.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(a)
Application for a sidewalk cafe permit, including the annual
permit fee, shall be filed with the Village Building Inspector. The
application shall contain required information including a scale drawing
of the site, showing the location of all trees, poles, benches, grates,
and other amenities or obstructions, and the exact type, size, and
location of the proposed furniture, fences, and other vending equipment.
(b)
The applicant shall furnish a certificate of insurance, which
indicates the existence of comprehensive general liability insurance
with the Village of Mount Horeb being named as an additional insured
and liability limits of not less than $500,000 per claim and $1,000,000
annual aggregate. The certificate shall provide 30 days' written notice
to the Village prior to cancellation, nonrenewal, or material change
to the policy.
(c)
All permits shall expire on April 14. To renew an existing sidewalk
cafe permit, the permit holder who meets all applicable requirements
need only submit to the Building Inspector a completed renewal application,
along with the appropriate annual fee and certificate of insurance.
If the permit holder proposes changes to the site, the application
shall be processed in the same manner as an initial sidewalk cafe
permit application.
(4)
General restrictions. Approved sidewalk cafe permits are subject
to the following restrictions and limitations:
(a)
Service of alcoholic beverages in all sidewalk cafes is limited
to customers ordering food.
[Amended 4-3-2002 by Ord. No. 2002-11]
(b)
No portion of a sidewalk cafe shall be permitted within a ten-foot
radius of a fire hydrant, curb-out or marked crosswalk.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(c)
All activities at the sidewalk cafe shall maintain a minimum
width of five feet of unobstructed public pedestrian walkway between
the sidewalk cafe and the edge of the sidewalk adjacent to the curb.
(d)
No portion of a sidewalk cafe shall be permitted adjacent to
any truck, freight, or passenger-loading zone, or adjacent to any
handicapped parking space or loading zone.
(e)
No person holding a sidewalk cafe permit may use any public
property, such as light poles or other utility poles, flower planters,
trees, or other amenities as a point of attachment for any ropes or
other devices as part of the sidewalk cafe.
(f)
All sidewalk cafes shall remain within the boundaries of the
sidewalk cafe site on the approved application.
(g)
All materials and equipment forming part of the sidewalk cafe,
other than tables and chairs, shall be removed from the site from
close of business until normal opening of business each day.
[Amended 4-3-2002 by Ord. No. 2002-11]
(h)
No sidewalk cafe shall be open for business between the hours
of 10:30 p.m. and 7:00 a.m.
[Amended 4-3-2002 by Ord. No. 2002-11]
(i)
All sidewalk cafes shall be maintained in a clean and hazard-free
condition at all times. Garbage cans must be emptied daily.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(j)
All sidewalk cafes shall use only nonbreakable dinnerware.
[Added 4-3-2002 by Ord. No. 2002-11]
(5)
Procedure for revocation, suspension, or nonrenewal.
(a)
In addition to any other penalty provided under this chapter,
a sidewalk cafe permit may be revoked, suspended, or not renewed for
a specific period of time after notice and hearing as provided herein
for violation of any provisions of this chapter or any other Village
ordinance.
(b)
Hearing shall be held by the Village Board. The permit holder
shall be notified in writing of the charges at least 10 calendar days
prior to the hearing. At the hearing, the Building Inspector, or the
Building Inspector's designee, shall present evidence of the alleged
violation. The permit holder shall have the opportunity to question
witnesses, may call witnesses on their own behalf, and may be represented
by counsel.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(c)
After due consideration, the Village Board may suspend the permit
for a period not to exceed six months, or revoke or not renew the
permit for a period not to exceed one year. The violator shall be
notified in writing of the findings and determination of the Village
Board.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(d)
The decision of the Village Board shall be a final determination
and shall be subject only to judicial review as may be provided by
law. Any person aggrieved by the Village Board decision hereunder
may seek judicial review within 30 days of the date of the final decision.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
[Added 10-5-2005 by Ord. No. 2005-18]
(1)
Purpose and findings.
(a)
Purpose. The purpose of this section is to regulate sexually
oriented businesses in order to promote the health, safety, morals
and general welfare of the citizens of the Village. The provisions
of this section have neither the purpose nor effect of regulating
obscenity or imposing a limitation or restriction on the content of
any communicative materials, including sexually oriented materials.
Similarly, it is not the intent nor effect of this section to restrict
or deny access by adults to sexually oriented materials protected
by the First Amendment, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market.
Neither is it the intent nor effect of this section to condone or
legitimize the distribution of obscene material.
(b)
Findings. Based on evidence concerning the adverse secondary
effects of sexually oriented businesses on the community presented
in hearings and in reports made available to the Village Board, and
on findings incorporated in the cases of Erie v. Pap's A.M., 529 U.S.
277 (2000), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City
of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), New York
State Liquor Authority v. Bellanca, 452 U.S. 714 (1981), Young v.
American Mini Theatres, 427 U.S. 50 (1976), G.M. Enterprises, Inc.
v. Town of St. Joseph, 350 F. 3d 631 (7th Cir. 2003), Ben's Bar v.
Village of Somerset, 316 F. 3d. 702 (7th Cir. 2003), Schultz v. City
of Cumberland, 228 F. 3d 831 (7th Cir. 2000), Blue Canary v. City
of Milwaukee, 251 F. 3d 1121 (7th Cir. 2001), Genusa v. City of Peoria,
619 F. 2d 1203 (7th Cir. 1980), Matney v. County of Kenosha, 86 F.3d
692 (7th Cir. 1996), DLS, Inc. v. City of Chattanooga, 107 F.3d 403
(6th Cir. 1997), Kev, Inc. v. Kitsap County, 793 F. 2d 1053 (9th Cir.
1986), Northend Cinema, Inc. v. City of Seattle, 585 P. 2d 1153 (Wash.
1978), Hang On, Inc. v. City of Arlington, 65 F. 3d 11248 (5th Cir.
1995); East of the River Enterprises II v. City of Hudson, 2000 Wis.
App. Lexis 734 (Court App. Aug. 1, 2000); East of the River Enterprises
II v. City of Hudson, 2000 WI App 116; Urmanski v. Town of Bradley,
2000 WI App 141 (2000) and on studies in other communities including,
but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston,
Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California;
Los Angeles, California; Whittier, California; Austin, Texas; Seattle,
Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Dallas, Texas;
Newport News, Virginia; Islip, New York; New York, New York; St. Croix
County, Wisconsin; and Beaumont, Texas, which evidence the Village
Board reasonably believes is relevant to the potential problems caused
by the adverse secondary effects of sexually oriented businesses,
the Village Board finds:
1.
Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make the owners of these establishments responsible for the activities
that occur on their premises.
2.
Certain employees of sexually oriented businesses defined in
this section as "adult theaters" and "cabarets" engage in higher incidence
of certain types of illicit sexual behavior than employees of other
establishments.
3.
Sexual acts, including masturbation, and oral and anal sex,
occur at sexually oriented businesses, especially those which provide
private or semiprivate booths or cubicles for viewing films, videos,
DVDs or live sex shows.
4.
Offering and providing such space encourages such activities,
which creates unhealthy conditions.
5.
Persons frequent certain adult theaters, adult arcades, and
other sexually oriented businesses for the purpose of engaging in
sex within the premises of such sexually oriented businesses.
6.
Communicable diseases may be spread by activities occurring
in sexually oriented businesses, including, but not limited to, syphilis,
gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital
herpes, hepatitis B, and trichomoniasis.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)[1]]
7.
Sanitary conditions in some sexually oriented businesses are
unhealthy, in part, because the activities conducted there are unhealthy,
and, in part, because of the unregulated nature of the activities
and the failure of the owners and the operators of the facilities
to self-regulate those activities and maintain those facilities.
8.
Numerous studies and reports have determined that semen is found
in the areas of sexually oriented businesses where persons view adult-oriented
films.
9.
The consumption of alcoholic beverages on the premises of sexually
oriented businesses is an explosive combination, one that can beget
undesirable behavior and exacerbate the adverse secondary effects
of such businesses on the community.
10.
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect these substantial
governmental concerns.
11.
A reasonable licensing procedure is an appropriate mechanism
to place the burden of that reasonable regulation on the owners and
the operators of the sexually oriented businesses. Further, such a
licensing procedure will place a heretofore nonexistent incentive
on the operators to see that the sexually oriented business is run
in a manner consistent with the health, safety and welfare of its
patrons and employees, as well as the public. It is appropriate to
require reasonable assurances that the licensee is the actual operator
of the sexually oriented business, fully in possession and control
of the premises and activities occurring therein.
12.
Requiring licensees of sexually oriented businesses to keep
information regarding current employees and certain past employees
will help reduce the incidence of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects
and by preventing minors from working in such establishments.
13.
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases.
14.
It is necessary to license entertainers in the adult entertainment
industry to prevent the exploitation of minors, to ensure that each
such entertainer is an adult and to ensure that such entertainers
have not assumed a false name, which would make regulation of the
entertainer difficult or impossible.
15.
It is desirable in the prevention of the spread of communicable
diseases to obtain a limited amount of information regarding certain
employees who may engage in the conduct which this section is designed
to prevent or who are likely to be witnesses to such activity.
16.
Proximity between entertainers and patrons during adult entertainment
performances can facilitate sexual contact, prostitution and related
crimes.
17.
Removal of doors on adult booths and requiring sufficient lighting
on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters.
18.
The license fees required in this section are necessary as nominal
fees imposed as necessary regulatory measures designed to help defray
the substantial expenses incurred by the Village in regulating sexually
oriented businesses.
19.
The general welfare, health, morals and safety of the citizens
of the Village will be promoted by the enactment of this section.
20.
It is not the intent of this section to suppress or censor any
expressive activities protected by the First Amendment of the United
States Constitution or Article I, Section 3 of the Wisconsin Constitution,
but rather to enact time, place and manner regulations which address
the compelling interests of the Village in mitigating the secondary
effects of sexually oriented businesses.
(2)
ADULT ARCADE
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
1.
a.
b.
2.
3.
ADULT CABARET
1.
2.
3.
ADULT MOTEL
1.
2.
3.
ADULT MINI MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
ADULT THEATER
BOOTH, ROOM, or CUBICLE
EMPLOYEE
ESCORT
ESCORT AGENCY
ESTABLISHMENT
1.
2.
3.
4.
LICENSEE
NUDE MODEL STUDIO
1.
2.
3.
NUDITY or A STATE OF NUDITY
PERSON
PUBLIC INDECENCY
PUBLIC PLACE
REGULARLY FEATURES or REGULARLY FEATURING
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
1.
2.
3.
Definitions. As used
in this section, the following terms shall have the meanings indicated:
Any place to which the public is permitted or invited where
coin-operated, slug-operated, or for any form of consideration, electronically,
electrically, or mechanically controlled still or motion picture machines,
projectors, video or laser disc players, or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
A commercial establishment which has a significant or substantial
portion of its stock-in-trade or a significant or substantial portion
of its revenues or devotes a significant or substantial portion of
its interior business or advertising to the sale or rental for any
form of consideration of any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes, DVDs, or video or digital
reproductions, slides, or other visual representations which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore, adult novelty store,
or adult video store. Such other business purposes will not serve
to exempt such commercial establishments from being categorized as
an adult bookstore, adult novelty store, or adult video store, so
long as one of its principal business purposes is the offering for
sale or rental for consideration the specified materials which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
Video stores that sell and/or rent only videotapes, DVDs or
other photographic or computer-generated reproductions, and associated
equipment, shall come within this definition if 20% or more if its
stock-in-trade or revenues comes from the rental or sale of video
tapes, DVDs, or other photographic reproductions or associated equipment
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons appearing in: a state of nudity; or attire that is limited
to that which fully and opaquely covers human male or female genitals,
pubic area, vulva, anus, anal cleft and cleavage, and the entire nipple
and areola of the female breast.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, DVDs, slides or other
photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, DVDs, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; and
has a sign visible from the public right-of-way which advertises the
availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
An enclosed establishment with a capacity of less than 50
persons used for regularly featuring materials having as their 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.
An enclosed establishment with a capacity of 50 or more persons
where, for any form of consideration, films, motion pictures, videocassettes,
DVDs, slides, or similar photographic reproductions are regularly
featured which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
Such enclosures as are specifically offered to the public
or members of a sexually oriented business for hire or for a fee as
part of a business operated on the premises which offers as part of
its business the entertainment to be viewed within the enclosure;
which shall include, without limitation, such enclosures wherein the
entertainment is dispensed for a fee, but a fee is not charged for
mere access to the enclosure. However, "booth," "room," or "cubicle"
do not mean enclosures that are private offices used by the owners,
managers or persons employed on the premises for attending to the
tasks of their employment, which enclosures are not available to the
public or members of the establishment for hire or for a fee or for
the purpose of viewing entertainment for a fee, are not open to any
persons other than employees; nor shall this definition apply to hotels,
motels, or other similar establishments licensed by the State of Wisconsin.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is designated an employee, independent contractor,
agent or otherwise and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. "Employee"
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment on the premises, or for the
delivery of goods to the premises.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The additions of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
Any place where a person who appears in a state of nudity,
or who displays specified anatomical areas and is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration. "Nude
model studio" shall not include a proprietary school licensed by the
State of Wisconsin or a college, junior college or university supported
entirely or in part by public taxation; a private college or university
which maintains and operates educational programs in which credits
are transferable to a college, junior college, or university supported
entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing;
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
Where no more than one nude or model is on the premises at any
one time.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of the entire nipple and areola, or the showing of
the covered male genitals in a discernibly turgid state.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A person knowingly or intentionally, in a public place:
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. "Public places"
include, but are not limited to: streets, sidewalks, parks, beaches,
business and commercial establishments (whether for-profit or not-for-profit
and whether open to the public at large or where entrance is limited
by a cover charge or membership requirement), bottle clubs, hotels,
motels, restaurants, night clubs, country clubs, cabarets and meeting
facilities utilized by religious, social, fraternal or similar organizations.
Premises used solely as a private residence, whether permanent or
temporary in nature, shall not be deemed to be a public place. "Public
place" shall not include enclosed single-sex public rest rooms, enclosed
single-sex functional showers, locker and/or dressing room facilities,
enclosed motel rooms and hotel rooms designed and intended for sleeping
accommodations, doctors' offices, portions of hospitals and similar
places in which nudity or exposure is necessarily and customarily
expected outside of the home and the sphere of privacy constitutionally
protected therein. "Public place" does not include a private facility
which has been formed as a family-oriented clothing optional facility,
properly licensed by the state.
That the content or activities that are described as being
regularly featured by a sexually oriented business are the permanent
focus of its business and are given special prominence by the business
on a permanent basis.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion-picture theater,
adult theater, escort agency, nude model studio, or sexual encounter
center.
Any of the following:
The increase in floor areas occupied by the business by more
than 25%, as the floor area exists on the date this section takes
effect.
Any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
(3)
Classification of regulated uses.
(a)
All sexually oriented businesses are subject to the regulations
in this section, and are classified as follows:
(4)
Licenses required.
(a)
It is unlawful:
1.
For any person to operate a sexually oriented business without
a valid sexually oriented business license issued by the Village pursuant
to this section.
2.
For any person who operates a sexually oriented business to
permit a person to be employed, work for or perform in the sexually
oriented business who is not licensed as a sexually oriented business
employee by the Village pursuant to this section.
3.
For any person who is required under this section to have a
sexually oriented business employee license to be employed, to work
for or to perform in a sexually oriented business without having secured
a sexually oriented business employee license pursuant to this section.
4.
For any person to substantially enlarge a sexually oriented
business without a valid sexually oriented business license issued
by the Village pursuant to this section.
(b)
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place. Any person who desires to operate
more than one adult-oriented establishment must have a license for
each.
(5)
Activities not subject to a license requirement.
(a)
This section shall not be construed to restrict or prohibit
the following activities or products:
(b)
The provisions of this section are not intended to and do not
prohibit the simulation of sex acts which are part of nonobscene expression.
(c)
Whether or not an activity is obscene shall be judged by consideration
of the following factors:
1.
Whether the average person, applying contemporary community
standards, would find that the activity taken as a whole appeals to
the prurient interest in sex;
2.
Whether the activity depicts or describes sexual conduct in
a patently offensive way, as measured against community standards;
and
3.
Whether the activity taken as a whole lacks serious literary,
artistic, political or scientific value.
(6)
Application for a license.
(a)
An application for a license under this section must be made
on a form provided by the Village.
(b)
All applicants must be qualified according to the provisions
of this section. The application may request and the applicant shall
provide such information necessary to enable the Village to determine
whether the applicant meets the qualifications established in this
section.
(c)
If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Subsection (7).
(d)
The completed application for a sexually oriented business license
shall contain the following information and shall be accompanied by
the following documents:
1.
If the applicant is:
a.
An individual, the individual shall state his/her legal name
and any aliases and submit proof that he/she is at least 18 years
of age.
b.
A partnership, the partnership shall state its complete name,
the names of all partners, whether the partnership is general or limited,
and a copy of the partnership agreement, if any.
c.
A corporation, the corporation shall state its complete name,
the date of its incorporation, evidence that the corporation is in
good standing under the laws of its state of incorporation, the names
and capacity of all officers, directors and principal stockholders,
and the name of the registered corporate agent and the address of
the registered office for service of process.
2.
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he or she must state
the sexually oriented businesses name and submit the required registration
documents.
3.
The classification of sexually oriented business license for
which the applicant is filing.
4.
The location of the proposed sexually oriented business, including
a legal description of the property, street address, and telephone
number(s).
5.
The applicant's mailing address.
6.
A sketch or diagram showing the configuration of the premises,
including a statement of total floor space occupied by the business.
The sketch or diagram must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy
of plus or minus six inches.
7.
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, DVDs, other video or digital reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Subsection (11).
8.
Before any applicant may be issued a sexually oriented business
employee license, the applicant complete a form provided by the Village
which includes the following information:
(7)
Issuance of license.
(a)
Upon filing an application with the Village Clerk or the Clerk's
designee for a sexually oriented business employee license, the Village
Clerk or designee will investigate the information on the application.
If the investigation and application process is not completed within
five business days, a temporary license shall be issued. When a temporary
license is issued, the investigation and application process shall
be completed within 45 days from the date the completed application
is filed.
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After completion, the Village Clerk or designee shall issue
a license, unless evidence determines one or more of the following
findings is true:
|
1.
The applicant has failed to provide information necessary for
issuance of the license or has falsely answered a question or request
for information on the application form;
2.
The applicant is under the age of 18 years;
3.
The sexually oriented business employee license is to be used
for employment in a business prohibited by local or state law, statute,
rule or regulation, or prohibited by a particular provision of this
section; or
4.
The license fee required by this section has not been paid.
(b)
Upon filing an application with the Village Clerk or the Clerk's
designee for a sexually oriented business license, the Village Clerk
or designee shall investigate the information contained on the application.
If the investigation and application process is not completed within
five business days, a temporary license shall be issued. When a temporary
license is issued, the investigation and application process shall
be completed within 45 days from the date the completed application
is filed.
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After the investigation and application process is completed,
the Village Clerk or designee shall issue a license, unless evidence
determines one or more of the following findings is true:
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1.
An applicant is under 18 years of age.
2.
An applicant has failed to provide information necessary for
issuance of the license or has falsely answered a question or request
for information on the application form.
3.
The premises to be used for the sexually oriented business has
not been approved by the Village Fire Department and building inspection
officials as being in compliance with applicable laws and ordinances.
4.
The license fee required by this section has not been paid.
5.
An applicant of the proposed establishment is not in compliance
with any of the provisions of this section.
(c)
A license under this section, if granted, shall state the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the regulated use for which the license is issued, pursuant to Subsection (4). All licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
(d)
The Village Fire Department and building inspection officials
shall complete their certification that the premises is or is not
in compliance with all applicable statutes and ordinances within 20
days of receipt of the application by the Village.
(e)
A sexually oriented business license shall be issued for only one classification as found in Subsection (3).
(f)
A sexually oriented business license shall not be issued unless
the owner ensures that no specified anatomical areas and no specified
sexual activity are visible at any time from street, sidewalk or any
location outside of the building in which the sexually oriented business
is operated.
(g)
Whenever an application is denied, the Village Clerk 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 in conformity with § 68.11(2)
and (3), Wis. Stats. A final determination stating the reasons therefor,
together with a copy of any official recording or transcript of the
hearing, shall be rendered within 20 days of the commencement of the
hearing. Judicial review shall be governed by § 68.13, Wis.
Stats.
(8)
License; posting and display.
(a)
Every person required to have a sexually oriented business employee
license shall post his or her license in his or her work area so that
it is readily available for public inspection.
(b)
Every person, corporation, partnership, or association licensed
under this section shall display its license in a prominent place
within the establishment. In the case of adult cabarets, the name
of the manager on duty shall be prominently posted during business
hours.
(9)
Additional regulations for adult cabarets.
(a)
Separation of sexually oriented adult entertainment performance
area. The portion of the adult cabaret premises in which dancing or
other types of performances involving specified sexual activities
or stripping, or where employees are wearing attire that is limited
to fully and opaquely covering of the human genitals, pubic area,
vulva, anus, anal cleft or cleavage and the entire nipple and areola
of the female breast, shall be a stage or platform that is separated
from all patron seating or viewing areas in the following ways:
(b)
Lighting. Sufficient lighting shall be provided and equally
distributed in and about the parts of the premises which are open
to and used by patrons so that all objects are plainly visible at
all times, and so that on any part of the premises which are open
to and used by patrons a program, menu, or list printed in eight-point
type will be readable.
(c)
Submittal of plans. Building plans showing conformance with
the requirements of this section shall be included with any application
for a sexually oriented business license for an adult cabaret.
(d)
Standards of conduct for employees. All employees of a sexually
oriented business must adhere to the following standards of conduct:
1.
No employee or holder of a sexually oriented business employee
license shall appear in attire that is limited to full and opaque
coverage of the human genitals, pubic area, vulva, anus, anal cleft
or cleavage and the entire nipple and areola of the female breast
on any part of the premises open to view of members of the public,
except on a stage or platform that meets the requirements described
above.
2.
No employee holder of a sexually oriented business employee
license shall allow, encourage or knowingly permit any person upon
the premises to touch, caress, or fondle the breasts, buttocks, anus,
pubic area or genitals of any other person.
3.
No employee or holder of a sexually oriented business employee
license of an adult cabaret shall be visible from any public place
other than the sexually oriented business during the actual or apparent
hours of his or her employment or performance on the premises.
(e)
Manager on premises. A manager, who is a licensed employee and
not an entertainer, shall be on duty at an adult cabaret business
premises at all times, and shall verify that any employee or holder
of a sexually oriented business employee license who works or appears
within the premises possess a current and valid sexually oriented
business employee license.
(f)
Signs. Signs in letters at least 3/4 inch high shall be conspicuously
displayed in the public area of the establishment, stating the following:
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
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THIS ADULT CABARET IS REGULATED BY THE VILLAGE
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|---|---|
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Entertainers are:
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a.
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Not permitted to engage in any type of sexual conduct with patrons;
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b.
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Not permitted to appear in a state of nudity;
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c.
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Not permitted to appear in attire that consists of only a full
and opaque covering of human male or female genitals, pubic area,
vulva, anus, anal cleft and cleavage, and the entire nipple and areola
of the female breast, except on a designated stage or platform.
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(10)
Additional regulations for adult motels.
(a)
Evidence that a sleeping room in a hotel, motel, or similar
commercial establishments has been rented and vacated two or more
times in a period of time that is less than 10 hours creates a rebuttable
presumption that the establishment is an adult motel as that term
is defined in this section.
(b)
A person commits a violation of this section if, as the person
in control of a sleeping room in a hotel, motel, or similar commercial
establishment that does not have a sexually oriented business license,
he rents or subrents a sleeping room to a person and, within 10 hours
from the time the room is rented, he rents or subrents the same sleeping
room again.
(11)
Regulations pertaining to exhibition of sexually explicit films, video or live entertainment
in view rooms.
(a)
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room, booth or cubicle of less than 150 square feet of
floor space, a film, videocassette, DVD, live entertainment, or other
video or digital reproduction which depicts specified sexual activities
or specified anatomical areas, shall comply with the following requirements:
1.
Upon application for a sexually oriented business license, the
application shall be accompanied by a diagram of the premises showing
a plan specifying the location of one or more managers stations and
the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A
manager's station may not exceed 32 square feet of floor area. The
diagram shall also designate the place at which the permit will be
conspicuously posted, if granted. A professionally prepared diagram
in the nature of an engineer's or architect's blueprint shall not
be required; however, each diagram should be oriented to the north
or to some designated street or object and should be drawn to a designated
scale or with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accuracy
of plus or minus six inches. The Village may waive the foregoing diagram
for renewal applications if the applicant adopts a diagram that was
previously submitted and certifies that the configuration of the premises
has not been altered since it was prepared.
2.
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Village.
3.
It is the duty of the licensee of the premises to ensure that
at least one licensed employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
4.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every
area of the premises to which any patron is permitted access for any
purpose, excluding rest rooms. Restrooms may not contain video or
digital reproduction equipment. If the premises has two or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose
from at least one of the manager's stations. The view required in
this subsection must be by direct line of sight from the manager's
station.
5.
It shall be the duty of the licensee to ensure that the view area, specified in Subsection (11)(a)4, remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (11)(a)1 of this subsection.
6.
No viewing room may be occupied by more than one person at any
time.
7.
The premises shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place to which patrons
are permitted access at an illumination of not less than five footcandles
as measured at the floor level.
8.
It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times when any patron is present
in the premises.
9.
No licensee shall allow openings of any kind to exist between
viewing rooms or booths.
10.
No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
11.
The licensee shall cause all floor coverings in viewing booths
to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
12.
The licensee shall cause all wall surfaces and ceiling surfaces
in viewing booths to be constructed of, or permanently covered by,
nonporous, easily cleanable material. No wood, plywood, composition
board or other porous material shall be used within 48 inches of the
floor.
(13)
Additional regulations for nude model studios.
(a)
A nude model studio shall not employ any person under the age
of 18 years.
(b)
A person under the age of 18 years commits an offense if the
person appears in a state of nudity in or on the premises of a nude
model studio. It is a defense to prosecution under this subsection
if the person under 18 years was in a rest room not open to public
view or visible to any other person.
(c)
A person commits an offense if the person appears in a state
of nudity, or knowingly allows another to appear in a state of nudity
in an area of a nude model studio premises which can be viewed from
the public right-of-way.
(d)
A nude model studio shall not place or permit a bed, sofa, or
mattress in any room on the premises, except that a sofa may be placed
in a reception room open to the public.
(14)
Additional regulations concerning public nudity.
(a)
It shall be a violation of this section for a person who knowingly
and intentionally, in a sexually oriented business, appears in a state
of nudity.
(b)
It shall be a violation of this section for a person who knowingly
or intentionally in a sexually oriented business appears in attire
that consists of only a full and opaque covering of human male or
female genitals, pubic area, vulva, anus, anal cleft and cleavage,
and the entire nipple and areola of the female breast unless the person
is an employee who, while in such attire, shall be at least 10 feet
from any patron or customer and on a stage at least 24 inches from
the floor.
(c)
It shall be a violation of this section for an employee, while
in attire that consists of only a full and opaque covering of human
male or female genitals, pubic area, vulva, anus, anal cleft and cleavage,
and the entire nipple and areola of the female breast to knowingly
and intentionally touch a patron or customer or the clothing of a
patron or customer.
(15)
Prohibition against children in a sexually oriented business.
A person commits a violation of this section if the person knowingly
allows a person under the age of 18 years on the premises of a sexually
oriented business.
(16)
Prohibition against indecency. A person commits a violation
of this section if the person knowingly or intentionally commits a
public indecency.
(17)
Prohibition of alcohol in a sexually oriented business. A person
commits a violation of this section if the person knowingly allows
or otherwise participates in the sale, use or consumption of alcoholic
beverages on the premises of a sexually oriented business.
(18)
Hours of operation. Sexually oriented businesses, except for
an adult motel, must remain closed at all times between the hours
of 12:00 midnight and 10:00 a.m., Monday through Saturday. No Sunday
open hours are permitted for sexually oriented businesses except for
an adult motel.
(19)
Fees.
(a)
Every application for a sexually oriented business license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a fee as established and amended from time to time
by the Village Board.
(b)
Every application for a sexually oriented business employee
license (whether for a new license or for renewal of an existing license)
shall be accompanied by a fee as established and amended from time
to time by the Village Board.
(c)
All license applications and fees shall be submitted to the
Village Clerk.
(20)
Inspection.
(a)
An applicant or licensee shall permit representatives of the
Village to inspect all portions of a premises of a sexually oriented
business in which patrons or customers are permitted for any reason
for the purpose of insuring compliance with the law, at any time it
is occupied or open for business.
(b)
A person who operates a sexually oriented business or his agent
or employee commits a violation of this section if he refuses to permit
such lawful inspection of the premises.
(21)
Expiration of license.
(a)
Initial licenses shall expire on June 30 of the year issued if issued prior to June 30, or on June 30 of following year if issued after June 30. Any subsequent renewal of a license shall run from July 1 of the current year through June 30 of the following year. A license may be renewed only by making application as provided in Subsection (6). Application for renewal shall be made at least 45 days before the expiration date, and when made less than 45 days before the expiration date, the expiration of the license will not be affected.
(b)
When the Village denies renewal of a license, the applicant
shall not be issued a license for one year from the date of denial.
If, subsequent to denial, the Village finds that the basis for denial
of the renewal license has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date denial became final.
(22)
Suspension. The Village shall suspend a license for a period
not to exceed 30 days if it determines that a licensee or an employee
of a licensee has:
(23)
Revocation.
(a)
The Village shall revoke a license if a cause of suspension in Subsection (22) occurs and the license has been suspended within the preceding 12 months.
(b)
The Village shall revoke a license if it determines that:
1.
A licensee gave false or misleading information in the material
submitted during the application process;
2.
A licensee has knowingly allowed possession, use, or sale of
controlled substances on the premises;
3.
A licensee has knowingly allowed prostitution on the premises;
4.
A licensee knowingly operated the sexually oriented business
during a period of time when the licensee's license was suspended;
5.
Except in the case of an adult motel, a licensee has knowingly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other sex act to occur in or on the licensed premises; or
6.
A licensee is delinquent in payment to the Village, county,
or state for any taxes or fees past due.
(c)
When the Village revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued a sexually oriented
business license for one year from the date the revocation became
effective. If, subsequent to revocation, the Village finds that the
basis for the revocation has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the revocation became effective.
(d)
An existing business can remain open pending the review of license
denials and failures to renew, and all businesses can remain open
pending review of suspensions and revocations.
(24)
Exceptions.
(a)
It is a defense to prosecution under Subsection (14) that a person appearing in a state of nudity did so in a modeling class operated:
1.
By a proprietary school, licensed by the State of Wisconsin;
a college, junior college, or university supported entirely or partly
by taxation;
2.
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
3.
In a structure:
a.
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing;
b.
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
c.
Where no more than one nude model is on the premises at any
one time.
(25)
Penalties.
(a)
Any person who operates or causes to be operated a sexually
oriented business without a valid license or in violation of any provisions
of this section, or who otherwise violates this section, is subject
to suit for injunction as well as prosecution for violations of this
section. Violations shall be subject to the following forfeitures:
1.
First offense. For a first violation of this section within
any twelve-month period, the forfeiture shall not be less than $100
nor more than $250.
2.
Second offense. For a second violation of this section within
any twelve-month period, the forfeiture shall not be less than $250
nor more than $500.
3.
Subsequent offenses. For a third or subsequent violation of
this section within any twelve-month period, the forfeiture shall
be not less than $500 nor more than $1,000.
(b)
The remedies found in this section are not exclusive, and the
Village may seek any other legal or equitable relief, including but
not limited to enjoining any acts or practices which constitute or
will constitute a violation of any business license ordinances or
other regulations herein adopted.
(c)
Each day a violation continues shall be a separate violation.
(26)
Appeals, administrative review, and judicial review. State law
shall govern the administrative procedure and review regarding the
granting, denial, renewal, nonrenewal, revocation and suspension of
a license. After denial of an application, or denial of a renewal
of an application, or suspension or revocation of any license, as
provided for in this section, the applicant or licensee may seek prompt
judicial review of such administrative action in any court of competent
jurisdiction. The administrative action shall be promptly reviewed
by the court.
(27)
Severability. If any portion of this section, or its application
to any person or circumstances, is held invalid, the validity of the
chapter as a whole, or any other portion thereof, and its application
to other persons or circumstances, shall not be affected.
Except as otherwise provided, any person who violates any provision of this chapter, or any order, rule or regulation shall, upon conviction, be subject to a penalty as provided in § 25.04 of this Municipal Code.
[Added 9-4-2002 by Ord. No. 2002-27]
(1)
Licenses withheld. No license or permit shall be issued or renewed
for any applicant who is delinquent in the payment of forfeitures,
special assessments, or personal property taxes owed to the Village.
(3)
Issuance upon payment. A license or permit withheld under this section
shall be issued when the Treasurer has certified on the application
that all required payments have been made.
