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City of Franklin, WI
Milwaukee County
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[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Sec. 13.20 of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Food and drink establishments — See Ch. 138.
Licenses and permits — See Ch. 169.
Transient merchants — See Ch. 237.
As used in this chapter, the following terms shall have the meanings indicated:
LABOR DAY FAIR
The St. Martins Fair beginning the Sunday before Labor Day and continuing through Labor Day.
LATE FEE
An extra charge for obtaining a permit or license for the Labor Day Fair after 5:00 p.m. on the Friday before Labor Day.
PERSON
Includes any individual, corporation, partnership or association, whether for profit or not-for-profit.
SALE or SELL
Includes every sale, disposition, exchange, transfer, barter, gift or attempt to offer to do any of these transactions.
ST. MARTINS
The area bounded and described as St. Martins Road, from N. Cape Road to 11000 W. St. Martins Road; Church Street from 40 yards south of St. Martins Road north to Franklin Street; Franklin Street from Church Street to Swiss Street; Swiss Street from 100 yards south of St. Martins Road to Franklin Street.
[Amended 3-21-2017 by Ord. No. 2017-2262]
ST. MARTINS FAIR
The events held on the Sunday before Labor Day and Labor Day, held on the outside of permanent, enclosed buildings at St. Martins.
[Amended 3-21-2017 by Ord. No. 2017-2262; 4-2-2018 by Ord. No. 2018-2322; 6-4-2019 by Ord. No. 2019-2380]
[Amended 12-15-1998 by Ord. No. 98-1526; 2-3-2009 by Ord. No. 2009-1966; 6-4-2019 by Ord. No. 2019-2380]
A. 
Transient's permit.
(1) 
No person may sell any goods or services or operate any amusements or entertainment at the St. Martins Fair without first obtaining licenses or permits required by the City. Each license or permit shall be accompanied by a copy of the Labor Day Fair Rules and Regulations made by the Fair Commission and approved by the City Council, and each licensee or permittee shall receipt, in writing, therefor.
(2) 
The permits granted for the sale of goods or services or operation of an amusement or entertainment include permission for the use of the streets and rights-of-way at St. Martins during the St. Martins Fair, except that all selling shall be restricted to a licensed site, and no mobile selling, ambulatory or otherwise, shall be allowed and, further, that all food vendors shall be located not less than 50 feet from livestock sites or portable lavatories.
B. 
Notwithstanding the foregoing provisions of this section, a "First Monday" permit is hereby created, which shall permit a food and transient merchant or a non-food transient merchant to conduct his/her respective permitted activities at a single St. Martins Fair occurring upon a single first Monday of any month, except Labor Day. The fee for a First Monday permit shall be as stated in Chapter 169, Licenses and Permits, and due and payable prior to 5:00 p.m. on the Monday preceding the first Monday of the next month.
C. 
Late applications. For all applications submitted after 5:00 p.m. on the Friday before the Labor Day Fair, a license may be issued by a Fair Commissioner or police officer. All other provisions for a peddler's permit shall apply.
A. 
The fee for a permit issued under this chapter shall be as stated in Chapter 169, Licenses and Permits, and due and payable before the issuance of a permit, annually, before July 1 of each year on or before the date of the Fair.
B. 
For all permits issued after 5:00 p.m. on Friday, a late fee shall be charged as set forth in Chapter 169, Licenses and Permits.
No person may sell any goods or services or operate an entertainment or amusement without prominently displaying the license or permit on the premises. Any person failing to so display the license or permit shall be required to obtain a new license or permit and pay the fees required for the same under this chapter. The original license fee may be refunded upon application to the City Council within 30 days after the payment of the new license fees, and the City Council may grant such refund upon a showing of good cause.
A. 
The permittee under this special permit shall be restricted to operate only on fair days and only in the area of St. Martins Village. This permit shall not be valid at any other time and in any other area of the City.
B. 
The transient's permit for the St. Martins Fair entitles the holder to sell goods and services or operate entertainment or amusement for either a single-up-to-fifteen-feet-of-street-frontage space at the Fair or an over-fifteen-feet-and-up-to-thirty-feet-of-street-frontage space at the Fair. The use by the holder of frontage in excess of 30 feet shall subject the holder to additional license fees in the amount of $5 for each additional frontage foot or portion thereof, which fees shall be determined and payable immediately at the site. All stands shall be set back at least three feet from the edge of the street blacktop.
[Amended 3-5-2002 by Ord. No. 2002-1708; 5-18-2010 by Ord. No. 2010-2000]
All ordinances governing and regulating the operation of food establishments and transients in the City as set forth in Chapter 138, Food and Drink Establishments, and Chapter 237, Transient Merchants, are fully applicable to regulate the operation and facilities of the permittee or the establishment operating under authority of a combination food and transient's fair permit.
[Amended 8-3-1999 by Ord. No. 99-1572]
A. 
Sales. No person may sell or provide entertainment or amusement at the St. Martins Fair except during, the Sunday preceding Labor Day from 8:00 a.m. to 9:00 p.m. and Labor Day from 6:00 a.m. to 6:00 p.m.
[Amended 5-18-2010 by Ord. No. 2010-2000; 8-19-2014 by Ord. No. 2014-2144; 3-21-2017 by Ord. No. 2017-2262; 4-2-2018 by Ord. No. 2018-2322; 6-4-2019 by Ord. No. 2019-2380]
B. 
Fermented malt beverage sales. No person may sell or be open to sell any fermented malt beverages at the St. Martins Fair except on Labor Day from 6:00 a.m. to 5:00 p.m. and the Sunday preceding Labor Day from 8:00 a.m. to 8:00 p.m.
[Amended 5-18-2010 by Ord. No. 2010-2000]
C. 
Music. No person may play or cause to be played any live or recorded and amplified music at the St. Martins Fair, except from 8:00 a.m. to 5:00 p.m. on Labor Day and from 8:00 a.m. to 8:00 p.m. on the Sunday preceding Labor Day.
[Amended 8-19-2014 by Ord. No. 2014-2144]
No person may engage in any of the following acts at the St. Martins Fair:
A. 
No person may park or allow to be parked any motor vehicle on Church Street from St. Martins Road to STH 100 or on a street posted "No Parking" by the Police Department. The Police Department is granted the authority to post all streets at or near St. Martins where necessary for public safety and during or before the St. Martins Fair.
B. 
No person with or without a license or permit may sell any goods or services by going from place to place.
C. 
No person with or without a permit or license may sell or give away without charge any processed or cooked food products, including but not limited to canned goods, processed food or bakery. This prohibition does not extend to fresh produce or livestock.
D. 
No person with or without a permit or license may sell anything except fresh produce and livestock on property owned by the City.
E. 
No person may sell food or beverages without a trash barrel containing a plastic liner, which liner is removed and replaced when the trash barrel becomes full.
F. 
No landowner or occupant may allow the sale of anything or permit the operation of an entertainment or amusement on his or her property or right-of-way adjacent to his or her property without cleaning all litter and removing any nonpermanent structure within 24 hours after the end of the day of St. Martins Fair.
G. 
No permit shall be issued for the sale of firearms or prescription or nonprescription medicine, and no person with or without a license may sell any firearm or prescription or nonprescription medicine.
H. 
No person with or without a permit or license may use a loudspeaker or public address system at St. Martins Fair, except governmental agents or employees for official or emergency use only.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19. Payment of a late fee shall not preclude the issuance of a citation for operating without a license.