[HISTORY: Adopted by the Town Board of the Town of Brookfield.
Amendments noted where applicable.]
[Amended 12-7-2021 by Ord. No. 2021-004]
Fees for licenses issued under this chapter shall be established
from time to time by resolution of the Town Board.
(1)
Licenses or permits required. No person shall engage in any trade,
profession, business or privilege in the Town for which a license
or permit is required by any provision of this Code without first
obtaining such license or permit from the Town in the manner provided
in this section, unless otherwise specifically provided.
(2)
Application. Unless otherwise provided, application for a license
or permit shall be made in writing to the Town Clerk upon forms provided
by the Town, and applicant shall state the location of the proposed
activity and such other facts as may be required for or be applicable
to the granting of such a license or permit.
(3)
Payment of fee. The fees required for any license or permit shall
be paid at the office of the Town Clerk before the granting of the
license or permit. No fee paid shall be refunded unless the license
or permit is denied.
(4)
Bonds and insurance. All required bonds shall be executed by two
sureties or a surety company and be subject to the approval of the
Town Board. Where policies of insurance are required, such policies
shall be approved as to substance and form by the Town Attorney. Satisfactory
evidence of coverage by bond or insurance shall be filed with the
Town before the license or permit is issued.
(5)
Approval or denial of licenses. Where the approval of any Town or
State officer is required prior to the issuance of any license or
permit, such approval shall be presented to the Town before the license
or permit is issued.
[Amended 12-7-2021 by Ord. No. 2021-004]
(6)
Certificate. Licenses or permit certificates shall show the name
of the licensee or permittee, the date of issue, the activity licensed
and the term of the license or permit and shall be signed in the name
of the Town by the Chairman or Town Clerk and be impressed with the
Town Seal. The Clerk shall keep a record of all licenses and permits
issued.
[Amended 12-7-2021 by Ord. No. 2021-004]
(7)
Terms.
(a)
Unless otherwise provided, the license year shall end on June
30 of each year.
(b)
Where the issuance of licenses for a period of less than one
year is permitted, the effective date of such license shall commence
with the date of issuance.
(c)
Permits shall be issued for the term specified in the permit.
(8)
Exhibition of certificate. Every licensee or permittee shall carry
their license or permit certificate upon their person at all times
when engaged in the activity for which the license or permit was granted,
except that where such activity is conducted at a fixed place or establishment,
the license or permit certificate shall be exhibited at all times
in some conspicuous place in their place of business. The licensee
or permittee shall exhibit the license certificate when applying for
a renewal and upon demand of any police officer or person representing
the issuing authority.
[Amended 12-7-2021 by Ord. No. 2021-004]
(9)
Transfer. Unless otherwise provided, no license or permit shall be
transferable or assignable.
(10)
Town Board determinations. Determinations made by the Town Board
shall be subject to the provisions of Ch. 68, Wis. Stats.
(11)
Inspection. Town officials may enter upon the premises where any
licensed or permitted activity is being conducted for the purpose
of inspection at any reasonable time.
(12)
Revocation and suspension of licenses.
(a)
Except as otherwise provided, any license issued under this
chapter may be revoked for cause by the Town Board. No license shall
be revoked except upon written verified complaint filed with the Town
Board by the Chairman, a member of the Town Board, the Chief of Police
or a resident of the Town. The licensee shall be served with a written
copy of the charges and shall be given an opportunity to be heard
before the Town Board. The licensee shall be given notice of such
hearing, which shall be not more than 20 nor less than five days after
notice, except as otherwise agreed between the parties.
(b)
At such hearing, the licensee shall be entitled to be represented
by counsel, shall have the right to present and cross-examine witnesses
and, upon request, may have subpoenas issued by the Chairman or presiding
officer of the Board to compel the attendance of witnesses.
(c)
After hearing the evidence, the Board may revoke such license
or impose a limited period of suspension. The determination of the
Board shall be final, subject to review under Ch. 68, Wis. Stats,
provided the licensee shall not be entitled to a further hearing unless
granted by the Town Board.
(d)
The Police Department shall repossess any license revoked hereunder.
(e)
If the licensee does not apply for a hearing within the time
provided, the license may be revoked by the Town Board.
(1)
State statutes adopted. The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, dispensing, consumption and
transfer of alcohol beverages, including provisions relating to persons
under the legal drinking age, are adopted and made a part of this
section by reference. A violation of any of such provisions shall
constitute a violation of this section.
(2)
Licenses, permits, authorization required.
(a)
When required. Except as provided by § 125.06, Wis.
Stats., no person shall, within the Town, 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 and denominations
of licenses may be issued by the Town Clerk under the authority of
the Town Board upon compliance with law and payment of the fee herein
specified which, when so issued, shall permit the holder to sell,
deal or traffic in alcohol beverages as provided in the referenced
state statute.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(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.
(c)
Retail "Class A" liquor license. See § 125.51(2),
Wis. Stats.
(d)
Retail "Class B" liquor license. See § 125.51(3)(a),
Wis. Stats.
1.
A license may be issued after July 1 in any license year which
shall expire on the following June 30. The fee for the license shall
be prorated according to the number of months or fractions of months
remaining until the following June 30.
2.
Licenses valid for six months may be issued at any time. The
Fee for the license shall be 50% of the annual license fee. The license
may not be renewed during the calendar year in which issued. See § 125.51(9),
Wis. Stats.
(e)
"Class C" wine license. A "Class C" wine license shall allow
the retail sale of wine by the glass or in an opened original container
for consumption on the premises where sold. The same regulations which
govern the sale of intoxicants by "Class B" license holders shall
apply to "Class C" wine license holders. The fee for a "Class C" wine
license shall be established by resolution approved of the Town Board,
from time to time, but in all events shall be in conformance with
the fees permitted by Ch. 125, Wis. Stats.
(f)
Temporary
Class "B" (picnic) beer license. See § 125.26(6) Wis. Stats,
and shall be approved and issued by the Town Clerk.
(g)
Temporary
"Class B" (picnic) wine license. See § 125.51(10) Wis. Stats,
and shall be approved and issued by the Town Clerk.
(h)
Operator's license. See § 125.17, Wis. Stats.
1.
Operators' licenses and provisional operators' licenses may
be granted to individuals by the Town Clerk for the purposes of complying
with § 125.32(2) and § 125.68(2), Wis. Stats.
2.
Operators' licenses may be issued only on written application
on forms provided by the Town.
3.
Operators' licenses shall be valid for one or two years and
shall expire on June 30 of each year or on June 30 of the second year
after issuance.
4.
A
license fee in an amount as listed in the Schedule of Fees and Forfeitures
shall be submitted with the application.
5.
A
provisional operator's license may be issued by the Town Clerk in
accordance with § 125.17(5), Wis. Stats., only to a person
who has applied for an operator's license. A provisional license may
not be issued to any person who has been denied a license by the Town
Board. A provisional license expires 60 days after its issuance or
when a regular operator's license is issued to the holder, whichever
is sooner. A fee in an amount as listed in the Schedule of Fees and
Forfeitures shall be submitted with the application.
(4)
License application.
(a)
Form. Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made, in writing, on forms
prescribed by the Wisconsin Department of Revenue and filed with the
Town Clerk at least 15 days prior to issuance. The premises shall
be physically described, including every room and storage space to
be covered by the license and including all rooms joined by connecting
entrances or not separated by a solid wall.
(b)
The application shall be signed by the applicant.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(5)
License restrictions.
(a)
Statutory requirements. Licenses shall be issued only to persons
eligible therefor under § 125.04, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(b)
Location.
1.
No retail "Class A" or "Class B" license shall be issued for
premises the main entrance of which is less than 300 feet from the
main entrance of any established public school, parochial school,
hospital or church. Such distance shall be measured by the shortest
route along the highway from the closest point of the main entrance
of such school, church, or hospital to the main entrance to the premises
covered by the license.
2.
This subsection shall not apply to premises licensed as such
on June 30, 1947, nor to any premises licensed as such prior to the
occupation of real property within 300 feet thereof by any school,
hospital or church building.
(c)
Violators of liquor or beer laws or ordinances. No 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 or the provisions of this section or whose license has been revoked
under § 125.12, Wis. Stats., during one year prior to such
application. A conviction of a member of a partnership or the partnership
itself shall make the partnership or any member thereof ineligible
for such license for one year.
(d)
Health and sanitation requirements. No retail Class B license
shall be issued for any premises which does not conform to the sanitary,
safety and health requirements of the State Department of 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 such
ordinances and regulations adopted by the Town Board.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(e)
License quota. The number of persons and places that may be
granted a retail Class B 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 such corporation meets the requirements
of § 125.04(6), Wis. Stats.
(g)
Age requirement. No license hereunder, except an operator's
license, shall be granted to any person who has not attained the legal
drinking age. Operator's licenses may be issued only to applicants
who have attained the age of 18.
(h)
Effect of revocation of license. Twelve months shall elapse
before another license shall be granted to the person whose license
was revoked.
(i)
Delinquent taxes, assessments and claims. No license for the
sale of alcohol beverages shall be granted for any premises in the
Town for which real estate taxes, personal property taxes, special
assessments or other claims of the Town are delinquent and unpaid
or to any person delinquent in the payment of such real estate taxes,
personal property taxes, special assessments or other claims, including
forfeitures or judgments, to the Town.
(j)
Issuance for sales in dwellings prohibited. No license shall
be issued to any person for the purpose of possessing, selling or
offering for sale any alcohol beverages in any dwelling house, flat
or residential apartment.
(6)
Form and expiration of licenses. All licenses shall be numbered in
the order in which issued and shall state clearly the specific premises
for which granted, date of issuance, fee paid and name of the licensee
and, unless sooner revoked, shall expire on June 30 thereafter except
as otherwise provided by law.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(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 under this section may be transferred
to another premises once during any license year as provided in § 125.04(12),
Wis. Stats. Application for transfer shall be made on blanks furnished
by the State Department of Revenue. Proceedings for transfer shall
be had in the same manner and form as the original application. The
fee for such transfer shall be $10.
(c)
Post and care of licenses. Every license or permit required
under this section shall be framed, posted, and at all times displayed
as provided in § 125.04(10), Wis. Stats. No person shall
post such license or permit upon premises other than those mentioned
in the application, or knowingly deface or destroy such license.
(8)
Regulation of licensed premises and licensees.
(a)
Disorderly conduct prohibited. Each licensed premises shall
at all times be conducted in an orderly manner; and no disorderly,
riotous or indecent conduct shall be allowed at any time on any such
premises.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(b)
Employment of underage person. 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. This subsection
shall not apply to a person who is at least 18 years of age and is
under supervision as provided in §§ 125.32(2) and 125.68(2),
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(c)
Sales by clubs. No club shall sell alcohol 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 a safe and proper
place for the purpose for which used.
(9)
Closing hours.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(a)
No premises for which an alcohol beverage license has been issued
shall remain open for the sale of alcohol beverages:
|
Type of License
|
Off-Premises (Carry-Outs)
|
On-Premises Consumption
|
|---|---|---|
|
Class "A" beer
|
12:00 midnight to 6:00 a.m.
|
Not permitted
|
|
Class "B" beer
|
12:00 midnight to 6:00 a.m.
|
Monday through Friday: 2:00 a.m. to 6 a.m.; Saturday and Sunday:
2:30 a.m. to 6 a.m.
|
|
"Class A" liquor
|
9:00 p.m. to 6:00 a.m.
|
Not permitted
|
|
"Class B" liquor and "Class C" wine
|
12:00 midnight to 6:00 a.m. (if allowed)
|
Monday through Friday: 2:00 a.m. to 6 a.m.; Saturday and Sunday:
2:30 a.m. to 6 a.m.
|
(b)
Hotels and restaurants whose principal business is the furnishing
of food or lodging to patrons, bowling alleys and golf courses may
remain open for the conduct of their regular business, but no intoxicating
liquors or fermented malt beverages shall be sold during prohibited
hours.
(10)
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 therein relating to granting a new license shall
likewise be applicable.
(b)
Effect of revocation. See Subsection (5)(h) of this section.
(11)
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 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 Town Board.
(12)
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.
(1)
License required. No person shall own, possess, maintain, or permit
to be maintained within the Town any amusement device, game, or jukebox
without being licensed under this section.
(2)
AMUSEMENT DEVICE
AMUSEMENT GAME
GAMBLING DEVICE
JUKEBOX
SLOT MACHINE
Definitions. As used in this section, the following terms shall mean:
Any device used for amusement which is coin-operated or for
which the owner, operator, custodian or bailee makes a charge for
the use thereof, the successful play of which is accomplished to a
substantial degree by the skill of the player. This definition includes,
without limitation by enumeration, pinball game, marble game, or similar
devices operated by plunger and spring, quiz game or similar devices,
but specifically excluding amusement games, and not including slot
machines or other gambling devices.
Any table shuffle board, Skee-Ball, miniature baseball diamond,
miniature basketball court, miniature bowling alley, poolette, or
other games of like nature.
Any instrument or device used for gambling or playing any
game of chance or skill for money or other thing of value.
Any coin-operated device furnishing music.
Any instrument or device which is operated by the insertion
of a coin or token, and which may entitle the operator to any money,
token, merchandise or thing of value as a prize or reward for the
result of such operation.
(3)
Application for license. Any person desiring a license for any amusement
device, game or jukebox shall file an application therefor with the
Town Clerk on forms furnished by the Clerk. Such application shall
be signed and sworn to by, the applicant, or by the president and
secretary if applicant is a corporation, and shall state the name
and address of the premises in which the device, game or jukebox is
to be located and maintained, and such other information as the Town
Board may require.
(4)
Attachment to devices. Each license shall identify the licensee,
the amusement device, game or jukebox licensed and the premises for
which the license is issued. The Town Clerk shall keep a record of
all licensees, amusement devices, games and jukeboxes licensed and
the location of the premises where such devices are located. Licenses
shall not be transferable as to person, device or game, jukebox or
premises.[1]
[Amended 12-7-2021 by Ord. No. 2021-004]
[1]
Editor's Note: Former Subsection (5), regarding the prohibition
of gambling, and former Subsection (6), regarding the prohibition
of prizes, of the 2005 Code, which immediately followed this subsection,
were repealed 12-7-2021 by Ord. No. 2021-004. This ordinance also
redesignated former Subsection (7) as Subsection (5).
(5)
Disturbing the peace. No amusement device, game or jukebox shall
be operated at any place or in any manner which will disturb the peace
outside the premises where it is located, nor shall any immoral and
indecent selections be played on any jukebox in the Town.
[Amended 3-20-2007]
(1)
Purpose. The residents of the Town are frequently solicited to purchase
merchandise, make contributions, or subscribe to magazines and periodicals.
To protect the tranquility, quiet enjoyment, privacy, and safety of
its citizens and to prevent fraudulent practices by those engaged
in door-to-door sales activities and solicitors are legitimate objectives
of the Town. It is, therefore, hereby declared that the Town deems
it appropriate to require a notification and identification procedure
from those engaged in door-to-door sales activities and solicitors
to achieve these legitimate objectives.
(2)
DOOR-TO-DOOR SALES
SOLICITOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any individual, whether principal, agent, or employee, who
engages, does, or transacts any business through door-to-door sales
activities.
Any individual, whether principal, agent, or employee who
solicits or asks for contributions for any purpose or engages in activity
that is part of the individual's plan or scheme to solicit or ask
for contributions for any purpose, including, but not limited to,
orders for goods, wares, merchandise, or services, including subscriptions
for magazines, periodicals, and books.
(3)
Registration to sell or solicit. No person shall act as a door-to-door
sales merchant or solicitor without being registered and receiving
an identification card for those purposes as provided herein:
(a)
Application for identification card. Applicants for registration
must secure from the Town Clerk, or designee, an application for an
identification card. The application shall contain the following:
[Amended 12-7-2021 by Ord. No. 2021-004]
1.
Name, home address, telephone number, and temporary address,
if any.
2.
Date of birth, height, weight, color of hair, and color of eyes.
3.
Name, address, and telephone number of the person, firm, association,
or corporation that the applicant represents or is employed by, or
whose merchandise is being sold.
4.
Temporary address and telephone number from which business will
be conducted, if any.
5.
Nature of business or solicitation to be conducted and a brief
description of the goods or services offered.
6.
Proposed method of delivery of goods, if applicable.
7.
Make, model, and license number of any vehicle to be used by
applicant in the conduct of their business.
[Amended 12-7-2021 by Ord. No. 2021-004]
(b)
Required to present. Applicants shall present to the Chief of
Police, or designee, for examination:
[Amended 12-7-2021 by Ord. No. 2021-004]
1.
A driver's license or some other proof of identity as may be
reasonably required.
2.
A state certificate of examination and approval from the sealer
of weights and measures where applicant's business requires use of
weighing and measuring devices approved by state authorities.
3.
A state health officer's certificate where 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 and dated not more
than 90 days prior to the date the application for license is made.
(c)
Fee.
1.
Applicants for registration must pay the fee as listed in the
Schedule of Fees and Forfeitures of each organization, company, or
entity seeking issuance of a license.
[Amended 12-7-2021 by Ord. No. 2021-004]
2.
Upon payment of such fee, submission of a properly-completed
registration application and the signing of such statement, the Chief
of Police, or designee, shall register the applicant as a merchant
or solicitor and date the entry. Such registration shall be valid
for a period of 60 days, unless earlier revoked as provided below.
[Amended 12-7-2021 by Ord. No. 2021-004]
3.
Complete registration shall be required of each individual merchant
or solicitor regardless of the number of individuals that work for
the same organization.
(d)
Exemptions.
1.
Upon submission of completed application and registration forms,
the Police Chief shall exempt the following individuals and/or organizations
from complying with the requirements of this chapter:
a.
Any person delivering newspapers, fuel, dairy products, or bakery
goods to regular customers on established routes.
b.
Any person selling goods at wholesale to dealers in such goods.
c.
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.
d.
Any person who has had, or one who represents a company which
has had, a prior business transaction within the past 12 months, such
as a prior sale or credit arrangement, with all of the prospective
customers to be contacted.
e.
Any person holding a sale required by statute or by order of
any court and any person conducting a bona fide auction sale pursuant
to law.
f.
Students enrolled in a public, private, or parochial elementary,
middle school, or high school who are engaged in the sale of goods,
wares, food, or merchandise for fund-raising activities sponsored
by, and benefiting, such school or an organization officially affiliated
with such school.
g.
All members of Boy Scout or Girl Scout troops, including those
affiliated with any church.
2.
The Police Chief shall maintain a roster identifying the organizations
and individuals exempt from the provisions of this chapter, which
roster may be posted on the Town website. Such exemptions may be granted
by the Police Chief for a period of time not exceeding one year. No
registration fees shall be required of any organization or individual
exempted from the provisions of this chapter.
(e)
Investigation. Upon receipt of each application, the Chief of
Police may make and complete an investigation of the statements made
in such registration.
(f)
Denial or revocation of registration. The Chief of Police or
designee shall refuse to register the applicant or shall subsequently
revoke the registration if it is determined that:
1.
The application contains any material omission or materially
inaccurate statement;
2.
Complaints of a material nature have been received against the
applicant by authorities in the last cities, villages, and towns,
not exceeding three, in which the applicant conducted similar business;
3.
The applicant was convicted of a crime, statutory violation,
or ordinance violation, the circumstances of which substantially relate
to the activities of direct selling or soliciting; or
4.
The applicant failed to comply with any applicable provision
of this section.
(g)
Appeal. Any person denied registration, or whose registration
is revoked, may appeal the denial to the Town Board by submitting
a written Notice of Appeal to the Town Clerk within 30 days of the
denial or revocation. All such appeals shall be heard, considered,
and resolved by the Town Board within 30 days of the filing of any
written notice of appeal.
(4)
Conduct of door to door sales merchants and solicitors.
(a)
A merchant or solicitor shall not:
1.
Misrepresent the quantity, character, or quality of any goods,
wares, merchandise, or services offered for sale or the organization
or purposes for which contributions are solicited.
2.
Enter upon any premises posted with a sign stating, "no peddlers,"
"no solicitors," "no trespassing," or having words of substantially
the same meaning.
3.
Remain on any premises when requested to leave by the owner
or occupant thereof or any member of their family.
[Amended 12-7-2021 by Ord. No. 2021-004]
4.
Use any noise making devices to attract attention to the person
of, or the goods, wares, merchandise, or services offered for, sale
by the merchant or solicitor if the noise produced is capable of being
plainly heard outside a two-hundred-foot radius of the source.
5.
Engage in any business activity or solicitation, except between
9:00 a.m. and sunset, not to exceed 8:00 p.m.
6.
Solicit in groups of more than two persons for each residence
called upon.
7.
Operate on the grounds or in the buildings of any private or
public school without the prior consent of the school authorities.
8.
Affix a flower, pin, medallion, or similar device to the person
of another without the prior consent of such person.
9.
Impede use of sidewalks, streets, or other public rights-of-way
from free use by vehicles and pedestrians.
(b)
Disclosure requirements:
1.
Solicitors and merchants shall wear the identification card
issued under this chapter in a conspicuous place upon his or her person
while conducting the activities as a solicitor or merchant.
2.
After the initial greeting and before any other statement is
made to a prospective customer, a merchant or solicitor shall expressly
disclose their name, the name of the company or organization he is
affiliated with, if any, and the identity of goods or services he
offers to sell.
[Amended 12-7-2021 by Ord. No. 2021-004]
3.
If the merchant or solicitor takes a sales order for the later
delivery of goods, he shall, at the time the order is taken, provide
the buyer with a written statement containing the terms of the agreement;
the amount paid in advance, whether full, partial, or no advance payment;
the name, address and telephone number of the merchant or solicitor;
the delivery or performance date; and, whether a guarantee or warranty
is provided and, if so, the terms thereof.
(1)
ADULT BOOKSTORE
ADULT CABARET
ADULT ENTERTAINMENT
ADULT MINI MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
ADULT ORIENTED ESTABLISHMENT
BOARD
OPERATORS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. The following terms shall have the meanings indicated
below:
An establishment having as its stock-in-trade, for sale,
rent, lease, inspection or viewing, books, films, video cassettes,
magazines or other periodicals which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
specific sexual activities or specified anatomical areas as defined
below, and in conjunction therewith have facilities for the presentation
of adult entertainment, as defined below, including adult oriented
films, movies or live performances, for observation by patrons therein.
A cabaret which features topless dancers, strippers, male
or female impersonators, or similar entertainers.
Any exhibition of any motion pictures, live performance,
display or dance of any type, which has as its dominant theme, or
is distinguished or characterized by an emphasis on, any actual or
simulated specified sexual activities or "specified anatomical areas,
as defined below, or the removal of articles of clothing or appearing
partially or totally nude.
An enclosed building with a capacity of fewer than 50 persons
used for presenting material having as its dominant theme, or distinguished
or characterized by an emphasis on, matters depicting, describing
or relating to specified sexual activities or specified anatomical
areas, as defined below, for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
used for presenting material having as its dominant theme, or distinguished
or characterized by an emphasis on, matters depicting, describing
or relating to specified sexual activities or specified anatomical
areas, as defined below, for observation by patrons therein.
Includes, but is not limited to, adult bookstores, adult
motion-picture theaters, adult mini-motion picture establishments,
or adult cabarets, and further means any premises to which public
patrons or members are invited or admitted and which are so physically
arranged so as to provide booths, cubicles, rooms, compartments or
stalls separate from the common area of the premises for the purposes
of viewing adult oriented motion pictures, or wherein an entertainer
provides adult entertainment to a member of the public, a patron or
a member, whether or not such adult entertainment is held, conducted,
operated or maintained for a profit, direct or indirect.
The Town Board for the Town of Brookfield, Waukesha County,
Wisconsin.
Any person, partnership or corporation operating conducting,
maintaining or owning any adult oriented establishment.
Simulated or actual:
(2)
License.
(a)
Except as provided in Subsection (2)(d) below, from and after
the effective date of this section, No adult oriented establishment
shall be operated or maintained in the Town without first obtaining
a license to operate issued by the Town.
(b)
A license may be issued only for one adult oriented establishment
located at a fixed and certain place. Any person, partnership or corporation
which desires to operate more than one adult oriented establishment
shall have a license for each.
(c)
No license or interest in a license may be transferred to any
person, partnership, or corporation.
(d)
All adult oriented establishments existing at the time of the
passage of this section shall submit an application for a license
within 90 days thereafter.
(3)
Application for license.
(a)
Any person desiring to secure a license shall make application
to the Town Clerk. The application shall be filed in triplicate with
and dated by the Town Clerk. A copy of the application shall be distributed
promptly by the Town Clerk to the Town Police Department and to the
applicant.
(b)
The application for a license shall be upon a form provided
by the Town Clerk. An applicant for a license shall furnish the following
information under oath:
1.
Name and address.
2.
Written proof that the individual is at least 18 years of age.
3.
The address of the adult oriented establishment to be operated
by the applicant.
4.
If the applicant is a corporation, the application shall specify
the name of the corporation, date and state of incorporation, name
and address of the registered agent and all shareholders owning more
than 5% of the stock and all officers and directors of the corporation.
(c)
Within 21 days of receiving an application for a license, the
Town Clerk shall notify the applicant whether the application is granted
or denied.
(d)
Whenever an application is denied, the Town 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 thereafter
before the Board, as hereinafter provided.
(e)
Failure or refusal of the applicant to give any information
relevant to the application or his or her refusal or failure to appear
at any reasonable time and place for examination under oath regarding
said application or his or her refusal to submit to or cooperate with
regard to any information required by this chapter shall constitute
an admission by the applicant that he or she is ineligible for such
license and shall be grounds for denial thereof by the Town Clerk.
(4)
Standards for issuance of license.
(a)
To receive a license to operate an adult oriented establishment,
an applicant shall meet the following standards:
2.
If the applicant is a corporation:
a.
All officers, directors, and stockholders, required to be named
under Subsection (3)(b) shall be at least 18 years of age.
b.
No officer, director, or stockholder required to be named under
Subsection (3)(b) shall have been found to have previously violated
this section within five years immediately preceding the date of the
application.
3.
If the applicant is a partnership, joint venture or any other
type of organization where two or more persons have a financial interest:
a.
All persons having a financial interest in the partnership,
joint venture or other type of organization shall be at least 18 years
of age.
b.
No person having a financial interest in the partnership, joint
venture or other type of organization shall have been found to have
violated any provision of this section within five years immediately
preceding the date of application.
(5)
Fees. The license fee in § 12.01 shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned.
(6)
Display of permit. The license shall be displayed in a conspicuous
public place in the adult oriented establishment.
(7)
Renewal of license or permit.
(a)
Every license issued pursuant to this section will terminate
at the expiration of one year from date of issuance, unless sooner
revoked, and shall be renewed before operation is allowed in the following
year. Any operator desiring to renew a license shall make application
to the Town Clerk. The application for renewal shall be filed not
later than 60 days before the license expires. The application for
renewal shall be filed in triplicate with and dated by the Town Clerk.
A copy of the application for renewal shall be distributed promptly
by the Town Clerk to the operator. The application for renewal shall
be upon a form provided by the Town Clerk and shall contain such information
and data, given under oath or affirmation, as is required for an application
for a new license.
(b)
The license renewal fee in § 12.01 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100 shall be assessed against any applicant who files for a renewal less than 60 days before the license expires. If the application is denied, 1/2 of the total fees collected shall be returned.
(c)
If the Town Police Department is aware of any information bearing
on the operator's qualifications, that information shall be filed,
in writing, with the Town Clerk.
(8)
Revocation of license.
(a)
The Board shall revoke a license or permit for any of the following
reasons:
1.
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application.
2.
The operator or any employee of the operator, violates any provision
of this section or any rules or regulation adopted by the Board pursuant
to this section; provided, however, that in the case of a first offense
by an operator where the conduct was solely that of an employee, the
penalty shall not exceed a suspension of 30 days if the Board shall
find that the operator had no actual or constructive knowledge of
such violation and could not by the exercise of due diligence have
had such actual or constructive knowledge.
3.
The operator becomes ineligible to obtain a license or permit.
4.
Any cost or fee required to be paid by this section is not paid.
5.
Any intoxicating liquor or cereal malt beverage is served or
consumed on the premises of the adult oriented establishment.
(b)
The Board, before revoking or suspending any license or permit,
shall give the operator at least 10 days' written notice of the charges
against him and the opportunity for a public hearing before the Board,
as provided below.
(c)
The transfer of a license or any interest in a license shall
automatically and immediately revoke the license.
(d)
Any operator whose license is revoked shall not be eligible
to receive a license for one year from the date of revocation. No
location or premises for which a license has been issued shall be
used as an adult oriented establishment for six months from the date
of revocation of the license.
(9)
Physical layout of adult oriented establishment. Any adult oriented
establishment having available for customers, patrons or members,
any booth, room or cubicle for the private viewing of any adult entertainment
must comply with the following requirements:
(a)
Access. Each booth, room or cubicle shall be totally accessible
to and from aisles and public areas of the adult oriented establishment
and shall be unobstructed by any door, lock or other control-type
devices.
(b)
Construction. Every booth, room, or cubicle shall meet the following
construction requirements:
1.
Each booth, room, or cubicle shall be separated from adjacent
booths, rooms or cubicles and any nonpublic areas by a wall.
2.
Have at least one side totally open to a public lighted aisle
so that there is an unobstructed view at all times of anyone occupying
the same.
3.
All walls shall be solid and without any openings, extended
from the floor to a height of not less than six feet and be light
colored, nonabsorbent, smooth textured and easily cleanable.
4.
The floor shall be light colored, nonabsorbent, smooth textured
and easily cleanable.
5.
The lighting level of each booth, room or cubicle, when not
in use shall be a minimum of ten footcandles at all times, as measured
from the floor.
(c)
Occupants. Only one individual shall occupy a booth, room, or
cubicle at any time. No occupant of same shall engage in any type
of sexual activity, cause any bodily discharge, or litter while in
the booth. No individual shall damage or deface any portion of the
booth.
(10)
Responsibilities of operator.
(a)
Every act or omission by an employee constituting a violation
of any provision of this section shall be deemed the act or omission
of the operator if such act or omission occurs either with the authorization,
knowledge or approval of the operator or as a result of the operator's
negligent failure to supervise the employee's conduct and the operator
shall be punishable for such act or omission in the same manner as
if the operator committed the act or caused the omission.
(b)
Any act or omission of any employee constituting a violation
of this section shall be deemed the act or omission of the operator
for purposes of determining whether the operator's license shall be
revoked, suspended or renewed.
(c)
No employees of an adult oriented establishment shall allow
any minor to loiter around, to frequent an adult oriented establishment,
or to allow any minor to view adult entertainment as defined herein.
(d)
The operator shall maintain the premises in a clean and sanitary
manner at all times.
(e)
The operator shall maintain at least ten footcandles of light
in the public portions of the establishment, including aisles, at
all times. However, if a lesser level of illumination in the aisles
shall be necessary to enable a patron to view the adult entertainment
in a booth, room or cubicle adjoining an aisle, a lesser amount of
illumination may be maintained in such aisles; provided, however,
at no time shall there be less than one footcandle of illumination
in said aisles, as measured from the floor.
(f)
The operator shall insure compliance of the establishment and
its patrons with the provisions of this section.
(11)
Administrative review procedures. This Code of Ordinances and state
law shall govern the administrative procedure and review regarding
the granting, denial, renewal, nonrenewal, revocation or suspension
of a license.
(12)
Exclusions. All private and public schools, as defined in Ch. 115,
Wis. Stats., located within the Town are exempt from obtaining a license
hereunder when instructing pupils in sex education as part of the
curriculum.
[Added 6-7-1994]
(1)
Public policy. It is hereby declared necessary in the interests of
public health, safety, and welfare that the keeping of dogs and other
domesticated animals within the Town be regulated to prevent them
from becoming public nuisances.
(2)
Dogs running at large.
(a)
Leash required. No owner or keeper of any dog shall permit the
same to run at large at any place within the Town unless accompanied
by and under the control of the owner or keeper, or any member of
the household, of such dog. For purposes of this section, a dog shall
not be deemed to be under control unless the dog is secured by a leash
or other restraining device. This section shall not prevent any dog
running at large upon premises owned or occupied by the owner or keeper
of such dog.
(b)
Residence limited to two dogs. No person shall keep more than
two dogs over the age of five months upon any premises within any
residential district within the Town. The residential district is
any part of the Town in which two or more occupied residences are
within 500 feet of each other. Premises include contiguous lands owned
or occupied by the same owners or tenants.
[Amended 6-20-2006]
(c)
Care of dogs. The owner or keeper of any dog shall properly
water and feed it at regular intervals and shall keep the premises
occupied by it in a sanitary condition.
(d)
Dog prohibition. No owner or keeper of any dog shall permit,
for any reason whatsoever, their dog to be upon any grounds or premises
publicly owned by the Town used for park and recreation purposes,
except persons who are led by a dog specially trained to lead blind
persons.
(e)
No owner or keeper of any dog shall permit or allow the dog
to:
(3)
Cats.
(a)
Residence limited to two cats. No person shall keep or maintain
more than two cats over the age of six months in any household in
the Town.
(b)
Running at large prohibited. No owner or keeper of any cat shall
permit or allow their cat to run at large within the Town. The definition
of running at large in Subsection (2) above is applicable in this
subsection.
[Amended 12-7-2021 by Ord. No. 2021-004]
(4)
Harboring certain animals prohibited. No person shall own, harbor
or keep any dog, cat or other animal in a domesticated environment
which:
(a)
Habitually pursues any vehicle upon any public street, alley
or highway or is allowed to run at large.
(b)
Assaults or attacks any person.
(c)
Is vicious. A showing that a dog or other animal has bitten,
attacked or injured any person shall constitute a prima facie showing
that such dog or animal is vicious.
(d)
Habitually barks, crows, cries, screeches, howls or makes any
other loud or annoying sound which greatly disturbs the peace and
quiet of a neighborhood or of any two or more persons within the Town.
(e)
Has not been licensed as required by the ordinances of the Town
and the laws of the state.
(5)
Dog license. Every owner of a dog more than five months of age on
January 1 of any year shall annually, at the time and in the manner
provided by law, pay for dog license tax and obtain a license therefor.
The license year shall commence on the first day of each January and
end on the 31st day of the following December. The license tag shall
be attached to a collar which is kept on the dog whenever the dog
is outdoors unless the dog is securely confined in a fenced area.
[Amended 12-7-2021 by Ord. No. 2021-004]
(6)
Confinement and disposition.
(a)
Confinement of offending, or running animals. The Police Department
or any officer appointed by the Town Board may apprehend any dog or
other animal found running at large within the Town or which does
any of the things prohibited under Subsection (4), except Subsection
(4)(c), and confine the same in a suitable place.
(b)
Disposition of unclaimed animals. Any unclaimed dog or other
animal shall be turned over to the Humane Society.
[Amended 12-7-2021 by Ord. No. 2021-004]
(c)
Owner to pay costs. The owner or keeper of any animal so confined
in the pound may reclaim such animal at any time before the same is
disposed of upon payment of all costs and charges incurred by the
Humane Society in impounding and keeping such animal.
[Amended 12-7-2021 by Ord. No. 2021-004]
[1]
Editor's Note: Former § 12.08, Taxicabs and taxi
drivers, of the 2005 Code and Former § 12.09, Closing-out
sales, of the 2005 Code were repealed 12-7-2021 by Ord. No. 2021-004.
[Adopted 12-15-2009;
amended 3-15-2011]
(1)
Purpose. The purpose of this chapter is to regulate the location
and construction of any private driveways which intersect and provide
access to any public road located in the Town of Brookfield, and subject
to the jurisdiction of the Town of Brookfield, while simultaneously
preserving the flow of traffic on the surrounding road system in terms
of safety, capacity and speed and to reduce accidents caused by frequent
and poorly designed points of access. These regulations are adopted
under the general authority granted to the Town of Brookfield pursuant
to §§ 60.10(2)(c), 60.22(3), and 61.34(1) of the Wisconsin
Statutes.
(2)
Permit required. No private driveway, accessing a Town road or any
other public right-of-way over which the Town of Brookfield exercises
jurisdiction, may be hereafter constructed, reconstructed, relocated
or expanded without first obtaining a driveway permit in accordance
with the provisions of this chapter. A driveway permit shall be required:
(a)
Prior to the placement and construction of a private driveway
which provides ingress and egress from any parcel of land to any Town
road or other public right-of-way over which the Town of Brookfield
exercises jurisdiction.
(b)
Prior to the reconstruction, relocation, or expansion of any
private driveway providing access to any Town road or other public
right-of-way over which the Town of Brookfield exercises jurisdiction,
which private driveway access is in use as of the effective date of
this chapter.
(c)
Prior to the installation, replacement or reconstruction of
any culvert located in the Town right-of-way, provided that the private
driveway providing access from the adjoining property to any Town
road or public right-of-way over which the Town of Brookfield exercises
jurisdiction traverses the culvert.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(d)
Prior
to any existing driveway being resurfaced with concrete. A driveway
being resurfaced with concrete shall be constructed to the requirements
for a new driveway.
[Added at time of adoption of Code (see Ch. 25, General Provisions,
Art. II)]
(e)
Exception:
Existing gravel or asphalt driveways may be repaired or resurfaced
with gravel or asphalt without a permit.
[Added at time of adoption of Code (see Ch. 25, General Provisions,
Art. II)]
(3)
Criteria and procedure governing issuance of driveway permit.
(a)
Driveway permits shall be issued by the Town Building Inspector
who shall keep a record of all such permits issued. Application for
a driveway permit may be made by the owner of the property, or an
authorized representative of the owner, and shall include a description
of the property, a scale drawing depicting the proposed located of
the private driveway, as well as such other information as may be
required by the Town Building Inspector. The application shall be
accompanied by the driveway permit fee required under the terms of
this chapter.
(b)
The private driveway must be designed and constructed in such
a way that it will not cause any damage to the Town road nor create
any hazard to the public as they travel on the Town road. Private
driveways may not be located closer than three feet from an adjoining
property zoned or used for residential purposes nor closer than 25
feet from any adjoining property line where the property is used for
a business, commercial, industrial, or other nonresidential purposes.
(c)
Applications for issuance of a driveway permit for any property
used for business, commercial, industrial or other nonresidential
purposes, as well as any application for a driveway permit for any
property providing access to two or more residential units shall be
approved by the Plan Commission. The Building Inspector may issue
a driveway permit that provides access to not more than two residential
units without referral of the application to the Plan Commission.
The Plan Commission, when considering any application for which Plan
Commission approval is required, may require the applicant to submit
additional information which the Plan Commission deems necessary,
including but not limited to traffic impact studies. The Plan Commission,
as a part of the approval process, may impose reasonable conditions
or restrictions, and may require the property owner to post a sign
notifying users of the driveway of any access restrictions or conditions.
(d)
Driveways shall be designed in accordance with Chapter 8, Public Works, of this Code.
[Added at time of adoption of Code (see Ch. 25, General Provisions,
Art. II)]
(e)
The
Highway Department and Town Engineer will determine if a culvert is
required, and, if so, the minimum diameter, length and elevation of
the culvert to ensure adequate drainage.
[Added at time of adoption of Code (see Ch. 25, General Provisions,
Art. II)]
(f)
No
private driveway may be located directly across from a private residence
such that the proposed access would unreasonably interfere with the
residential use of the adjacent property. (i.e., lights shining into
the residence).
[Added at time of adoption of Code (see Ch. 25, General Provisions,
Art. II)]
(5)
Denial of permit.
(a)
The Plan Commission and/or Building Inspector may deny issuance
of a driveway permit for any of the following reasons:
1.
The failure to complete and submit an application for a permit,
as required by this chapter;
2.
The proposed driveway does not meet the design or location requirements
established by this chapter;
3.
The property has adequate access for ingress and egress by private
easement or by access to other public rights-of-way, including roads
and rights-of-ways located outside of the jurisdiction of the Town
of Brookfield;
4.
The issuance of a driveway permit would create an unnecessary
or unreasonable safety hazard;
5.
The issuance of the driveway permit would adversely and unnecessarily
impact the use and enjoyment of neighboring properties;
6.
Any other reason which in the judgment of the Plan Commission
and/or Building Inspector requires denial of the permit.
(b)
When a completed application for driveway permit is filed, together
with the fee required for issuance of such a permit, the Building
Inspector shall either issue the driveway permit, or notify the applicant,
in writing, that the application has been denied. If the Building
Inspector denies issuance of a permit, the reason or reasons for denial
shall be stated in writing.
(6)
Fees. The driveway permit application fee for a driveway permit required under the provisions of Subsection (2)(a) of this chapter shall be in an amount as listed in the Schedule of Fees and Forfeitures. A driveway permit application fee for a driveway permit required under the provisions of Subsection (2)(b) and (c) of this chapter shall be in an amount as listed in the Schedule of Fees and Forfeitures.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(7)
Penalties. Any person constructing, relocating or reconstructing
a driveway without first obtaining a driveway permit shall be subject
to a forfeiture in an amount as listed in the Schedule of Fees and
Forfeitures, together with court costs and fees. Each day a violation
continues shall constitute a separate offense. The Town Building Inspector
may, in addition to issuing a citation for violation of this chapter,
seek injunctive or other appropriate relief.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
[Added 7-1-2008]
(1)
ESCORT
ESCORT SERVICE
OPERATOR
Definitions. The terms used in this section shall be defined as follows:
Includes any person who, for a fee, commission, salary, hire,
profit, payment or other monetary consideration accompanies or offers
to accompany another person to or about social affairs, entertainments
or places of amusement or consorts with another person about any place
of public resort or within any private quarters.
Includes service provided by any person who, for a fee, commission,
salary, hire, profit, payment or other monetary consideration, furnishes
or offers to furnish names of persons, or who introduces, furnishes
or arranges for persons who may accompany other persons to or about
social affairs, entertainments or places of amusement, or who may
consort with others about any place of public resort or within any
private quarters.
Any person, partnership, corporation or other organization
operating, conducting, maintaining or owning any escort service.
(2)
Exemptions. This section does not apply to businesses, agencies and
persons licensed by the state or the Town pursuant to a specific statute
or ordinance, and employees employed by a business so licensed, and
which perform an escort or an escort service function as a service
merely incidental to the primary function of such profession, employment
or business and which do not hold themselves out to the public as
an escort or an escort service.
(3)
License required.
(a)
No person may engage in, conduct or carry on the operation or
maintenance of an escort service without first obtaining a valid escort
service license issued under this chapter.
(b)
A license may be issued only for one escort service located
at a fixed and certain place. Any person desiring to operate more
than one escort service must have a license for each escort service.
(c)
All escort services existing in the Town at the time of the
adoption of this chapter must submit an application for a license
within 60 days of the adoption of this chapter.
(4)
License application.
(a)
Any person desiring to obtain an escort service license shall
pay the required fee in an amount as listed in the Schedule of Fees
and Forfeitures to defray the costs of administration and investigation
of the application.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(b)
Any person desiring an escort service license shall file a written
application with the Town Clerk on a form provided by the Clerk's
office. The information provided to the Clerk shall be provided under
oath.
1.
Corporations. If the applicant is a corporation, the name of
the corporation shall be set forth exactly as set forth in its Articles
of Incorporation, together with the date and state of incorporation,
the name and residence address of each of its officers, directors
and each stockholder holding 5% or more of the stock or beneficial
ownership of the corporation. The application shall also be verified
by an officer of the corporation.
2.
Partnership. If the applicant is a partnership, the application
shall set forth the name of the partnership and the name and residence
address of each of the partners, including limited partners, and shall
be verified by each partner. If one or more of the partners is a corporation,
the provisions of this section pertaining to a corporate applicant
shall apply to the corporate partner.
3.
Others. If the applicant is neither a corporation nor a partnership,
the application shall set forth the true full name and residence address
of the applicant and shall be verified by the applicant. The application
shall also include any other name by which the applicant has been
known during the previous five years.
(c)
The application also shall set forth the proposed place of business
of the escort service by business address, including suite number,
and not by post office box, and shall contain a description of the
nature and scope of the proposed business operation. In addition,
the following information shall be furnished concerning the applicant
if an individual; concerning each officer and director and all stockholders
who own 5% or more of the stock or beneficial ownership if the applicant
is a corporation; concerning each partner, including limited partners,
if the applicant is a partnership:
1.
The previous residence address, if any, for a period of three
years immediately prior to the date of application and the dates of
such residence;
2.
Written proof that the individual is at least 18 years of age;
3.
The business, occupation or employment history for three years
immediately preceding the date of application, including, but not
limited to, whether such person previously operated under any permit
or license in another municipality in this or another state and whether
any such permit or license had ever been suspended or revoked;
4.
All convictions in any state or federal court within the past
five years, including municipal ordinance violations, exclusive of
traffic convictions, with a brief statement of the nature of the convictions
and the jurisdiction in which the convictions occurred;
5.
All pending criminal charges in any state or federal court,
with a brief statement of the nature of the pending charges and the
jurisdiction in which the charges are pending;
6.
The names of persons who will have custody of the business records
at the business location;
7.
The name and address of the person who will be the agent for
service of process.
(d)
The Town Clerk shall notify the Chief of Police, the Fire Chief,
the Building Inspector and the Town Board or its designee of any escort
service license application and these officials shall inspect or cause
to be inspected each such application and the premises to determine
whether the applicant and the premises sought to be licensed comply
with the regulations, ordinances and laws applicable thereto. These
officials shall furnish to the Town Clerk, in writing, the information
derived from such investigation and a statement as to whether the
applicant and the premises meet the requirements of the departments
for whom the officer is certifying within 10 days of receipt of notice
from the Town Clerk. No license shall be renewed without a reinspection
of the premises.
[Amended 12-7-2021 by Ord. No. 2021-004]
(e)
Within 30 days of receiving an application for a license, the
Town Board shall grant or deny a license to the applicant upon a recommendation
of the Town Clerk. The Town Clerk shall notify the applicant whether
the application is granted or denied.
(f)
Whenever an application is denied, the Town 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 thereafter
before the Town Board or its designee.
(g)
Failure or refusal of the applicant to give any information
relevant to the application, failure or refusal to appear at any reasonable
time and place for examination under oath regarding the application
or refusal to submit to or cooperate with regard to any information
required by this section shall constitute an admission by the applicant
that he is ineligible for such license and shall be grounds for denial.
(5)
Service license — issuance standards. The Town Board shall
issue an escort service license if it finds that:
(a)
The required fee has been paid;
(b)
The application conforms in all respects to this chapter;
(c)
The applicant has not knowingly made a material misstatement
in the application;
(d)
The applicant has fully cooperated in the investigation of their
application;
[Amended 12-7-2021 by Ord. No. 2021-004]
(f)
The applicant has not had an escort service license or permit
or other similar license or permit revoked or suspended in this state
or any other state within three years prior to the date of application;
(g)
The applicant, if an individual; any of the stockholders holding
5% or more of the stock or beneficial ownership of the corporation;
and any officers, agents or directors, if the applicant is a corporation;
or any of the partners, including limited partners, if the applicant
is a partnership, does not, at the time of application, have pending
any criminal charge for, or within five years prior to the date of
application has not been convicted of, any offense involving dishonesty,
fraud, deceit, robbery, the use or threatened use of force or violence
upon the person of another, or sexual immorality under Ch. 944, Wisconsin
Statutes, as amended, or other offenses subject to § 111.335,
Wisconsin Statutes, as amended;
(h)
The applicant, if a corporation, is licensed to do business
and is in good standing in the state;
(i)
All individual applicants; all stockholders holding 5% or more
of the stock or beneficial ownership, directors and officers, if the
application is a corporation; and all partners, including limited
partners, if the applicant is a partnership, are at least 18 years
of age.
(6)
Display of service license. The escort service license shall be displayed
in a conspicuous public place in the escort service's place of business.
(7)
Escort license required for employees.
(a)
No person may work or perform services as an escort in the Town,
either individually or while working for an escort service, unless
the person has first obtained a valid escort license issued under
this section.
(b)
All persons working or performing services as an escort in the
Town at the time of the passage of this section shall submit an application
for a license within 60 days of the adoption of this section.
(8)
Escort license application.
(a)
Any person desiring to obtain an escort license shall pay the
required fee in an amount as listed in the Schedule of Fees and Forfeitures
to defray the costs of administration and investigation of the application.
[Amended 12-7-2021 by Ord. No. 2021-004]
(b)
Any person desiring an escort license shall file a written application with the Town Clerk on a form to be provided by the Clerk's office. The information provided to the Clerk shall be provided under oath. Any applicant for an escort license shall furnish all information required by § 12.11(4)(c)1 through 6 as well as a description of the applicant's height, weight, color of eyes and color of hair. The applicant shall provide two passport-size color photographs at least one inch by one inch taken within three months of the date of application. In addition, the applicant shall identify by name and address the escort service at which the applicant is currently working, if any, or at which the applicant expects to be employed.
(c)
Applications for an escort license shall be referred to the
Chief of Police who shall cause an investigation to be made of the
applicant and report the findings of the investigation to the Town
Clerk within 10 days of receipt of notice.
(d)
Within 30 days of receiving an application for an escort license,
the Town Board shall grant or deny a license to the applicant. The
Town Clerk shall notify the applicant whether the application is granted
or denied.
(e)
Whenever an application is denied, the Town 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 thereafter
before the Town Board or its designee.
(f)
Failure or refusal of the applicant to give any information
relevant to the application, failure or refusal to appear at any reasonable
time and place for examination under oath regarding the application
or refusal to submit to or cooperate with regard to any information
required by this section shall constitute an admission by the applicant
that he is ineligible for such license and shall be grounds for denial.
(9)
Escort license — issuance standards. The Town Board shall issue
an escort license if it finds that:
(a)
The required fee has been paid;
(b)
The application conforms in all respects to this chapter;
(c)
The applicant has not knowingly made a material misstatement
in the application;
(d)
The applicant has fully cooperated in the investigation of their
application;
[Amended 12-7-2021 by Ord. No. 2021-004]
(e)
The applicant has not had an escort license or permit or other
similar license or permit revoked or suspended in this state or any
other state within three years prior to the date of application;
(f)
The applicant does not, at the time of application, have pending
any criminal charge for, or within five years prior to the date of
application has not been convicted of, any offense involving dishonesty,
fraud, deceit, robbery, the use or threatened use of force or violence
upon the person of another, or sexual immorality under Ch. 944, Wisconsin
Statutes, as amended, or other offenses subject to § 111.335,
Wisconsin Statutes, as amended;
(g)
The applicant is at least 18 years of age.
(10)
Display of escort license.
(a)
The Town Clerk shall issue an escort license on which there
shall be the applicant's true first name, surname and middle initial,
if any; the picture of the applicant; and the license number and the
expiration date of the license. The license shall be in such form
as to avoid alteration.
(b)
The certificate shall be carried on the person of the escort
and shall be exhibited to any person, including law enforcement personnel,
requesting to see it at any time while the person is engaged in acting
as an escort.
(11)
Restrictions on corporate licenses. Any corporation holding an escort
service license under this chapter shall report to the Town Clerk,
in writing, within 15 days of the event described herein, any of the
following:
(12)
Sale or transfer of interest in escort service. Upon the sale or
transfer of any interest in an escort service, the license shall be
void. Any person desiring to continue to operate an escort service
following sale or transfer shall apply for a license.
(13)
Responsibilities of licensees.
(a)
Every act or omission by an employee constituting a violation
of the provisions of this section shall be deemed the act or omission
of the escort service operator if such act or omission occurs either
with the authorization, knowledge or approval of the operator, or
as a result of the operator's negligent failure to supervise the employee's
conduct. The operator shall be punishable for such act or omission
in the same manner as if the operator committed the act or caused
the omission.
(b)
Every act or omission by an escort, regardless of whether the
escorts are employees, agents or independent contractors, shall be
deemed the act or omission of the escort service operator if such
act or omission occurs either with the authorization, knowledge or
approval of the operator, or as a result of the operator's negligent
failure to supervise the escort's conduct. The operator shall be punishable
for such act or omission in the same manner as if the operator caused
such act or omission.
(c)
No escort service operator may allow or permit any person to
work as an escort for such escort service unless the person so employed
has a valid escort license issued by the Town.
(d)
No escort may work for any escort service operator unless the
escort service operator has a valid escort service license issued
by the Town.
(e)
No escort service may conduct any business without maintaining on its premises a daily register containing the name of each escort currently employed or otherwise working for the escort service on the date in question, a duplicate of the escort license certificate required under § 12.11(7) and the actual hours of employment of each escort for each day. The daily register shall be available during all business hours for inspection by law enforcement personnel.
(f)
No person licensed as an escort or escort service may in any
manner advertise its services as licensed by the Town.
(14)
License renewal.
(a)
Every license issued pursuant to this chapter will terminate
at the expiration of the license year ending June 30 unless sooner
revoked and must be renewed before operation is allowed in the following
license year of July 1 through June 30. All applications for the renewal
of escort service and escort licenses issued by the Town shall be
filed with the Town Clerk's office on a form to be provided by the
Clerk no later than 60 days prior to the expiration of the license.
The renewal application shall contain such information and data, given
under oath or affirmation, as is required for an application for a
new license. Applications to renew licenses shall be processed by
the Town in the same fashion as new applications.
(b)
A license renewal fee in an amount as listed in the Schedule
of Fees and Forfeitures shall be submitted with the renewal application.
In addition to the renewal fee, a late penalty in an amount as listed
in the Schedule of Fees and Forfeitures shall be assessed against
any applicant who files for renewal less than 60 days before the license
expires. If the application is denied, 1/2 of the total fees collected
shall be returned.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(15)
Suspension or revocation of license.
(a)
Any escort service or escort license may be suspended for not
more than 90 days or revoked by the Town Board for any of the following
reasons:
1.
Any of the grounds that would warrant the denial of the original
application for the license;
2.
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application;
3.
The operator or any employee of the operator or any escort employed
by the operator violates any provision of this section or any rules
or regulations adopted by the Town Board pursuant to this chapter;
provided, however, that in the case of a first offense by an operator
where the conduct was solely that of an employee or escort, the penalty
shall not exceed a suspension of 30 days if the Town Board shall find
that the operator had no actual or constructive knowledge of such
violation and could not, by the exercise of due diligence, have had
such actual or constructive knowledge;
4.
The licensee becomes ineligible to obtain a license or permit;
5.
Any cost or fee required to be paid by this chapter is not paid.
(b)
An escort service or escort license may be suspended or revoked
after notice and hearing before the Town Board to determine if grounds
for such suspension or revocation exist. Notice of the hearing shall
be in writing and may be served by certified mail addressed to the
licensee at the current address of the licensee on file with the Town
Clerk's office. The notice shall be served at least 10 days prior
to the date of hearing. The notice shall state the grounds of the
complaint against the licensee and shall designate the time and place
where the hearing will be held.
(c)
Any operator whose license is revoked shall not be eligible
to receive a license for one year from the date of revocation. No
location or premises for which a license has been issued shall be
used as an escort service for six months from the date of revocation
of the license.
(16)
Violations — penalties. Any person who violates any provision
of this section or who fails to obtain a license as required in this
chapter shall, upon conviction, be subject to a forfeiture in an amount
as listed in the Schedule of Fees and Forfeitures plus court cost
and fees.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
[Added 7-1-2008]
(1)
Purpose. This chapter is intended to regulate massage therapy businesses
in a manner which ensures that only approved procedures of body massage
are performed.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(2)
BODY WORKER
LICENSEE
MASSAGE
MASSAGE BUSINESS
MASSAGE THERAPISTS
MASSAGE THERAPY or BODYWORK
ON-SITE MASSAGE
PERSON
Definitions. As used in this chapter, the following shall apply:
Any person who engages in massage therapy or bodywork.
The owner or operator of a massage business.
Holding, positioning, rocking, kneading, compressing, decompressing,
gliding or percussing the soft tissue of the human body and applying
friction to soft tissue.
Any business having a permanent location where any person,
firm, association or corporation engages in the practice of massage
as that term is defined herein.
A person who holds a current and valid license for that purpose
from the State Department of Regulation and Licensing under Ch. 460,
Wis. Stats., and engages in the practice of massage therapy within
the scope of his or her license.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
The science and healing art that uses manual actions to palpate
and manipulate the soft tissue of the human body and includes determining
whether massage therapy or bodywork is appropriate or contraindicated,
or whether a referral to another health care practitioner is appropriate.
Does not include any of the following:
Includes home visits and massage in public buildings. This
privilege shall be available only to those massage therapists who
hold a current and valid state license as noted above.
[Added at time of adoption of Code (see Ch. 25, General Provisions,
Art. II)]
Any individual, partnership, firm, association, joint-stock
company, corporation or combination of individuals who have formed
a business relationship for the purpose of operating a massage business.
(3)
Exemptions. This chapter shall not apply to the following individuals
while engaged in the personal performance of the duties of their respective
professions:
(a)
Medical doctors, doctors of chiropractic medicine, doctors of
osteopathy, physical therapists, physicians' assistants or nurses
who are duly licensed to practice their respective professions in
the state.
(b)
Barbers and beauticians who are duly licensed under the laws
of this state, except that this exemption shall apply solely to the
massage of the neck, face, scalp, hair, hands and feet of their clients.
(c)
Coaches and trainers employed by accredited high schools, colleges,
or amateur, semiprofessional or professional athletic teams and acting
within the scope of their employment.
(d)
This chapter shall not apply to hospitals or licensed nursing
homes or persons working within hospitals or licensed nursing homes
who administer massage therapy under the direct supervision and control
of the hospital or licensed nursing home administration, as the case
may be.
(4)
Preemption by state law. This chapter is not intended to preempt
state statutes which license and regulate the services offered by
massage therapists or body workers. More specifically, local ordinances
found in this chapter will not apply where registration and licensing
has been obtained by massage therapists or body workers through the
Department of Safety and Professional Services.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(5)
License required for massage businesses. It is unlawful for any person
to engage in, conduct, carry on, or permit to be engaged in, conducted,
or carried on, in or upon any premises in the Town, the operating
of a massage business as herein defined, without first having obtained
an occupancy permit or any other permit required under the code and
a license for a massage business from the Town as provided under this
chapter.
(6)
License and filing fee for massage businesses:
(a)
Every applicant for a license to maintain, operate, or conduct
a massage business shall file an application with the Town Clerk.
The nonrefundable fee for the initial license shall be in an amount
as listed in the Schedule of Fees and Forfeitures for an individual
applicant or an applicant corporation with no more than three shareholders
or an applicant with no more than three named lessees. An additional
fee in an amount as listed in the Schedule of Fees and Forfeitures
per person shall be assessed for each additional shareholder and lessee.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(b)
Within 10 days from the filing of an application, the Town Clerk
shall refer copies of such application to the police department, fire
department and building inspection department. The appropriate departments
shall, within 30 days of referral by the Town Clerk, inspect the premises
proposed to be operated as a massage business, investigate the information
contained in the application and make written recommendations to the
Town Clerk concerning compliance with Town codes and federal or state
law, as may be applicable.
(c)
Within 14 days of receipt of the recommendation from the aforesaid
departments, the Town Clerk shall notify the applicant, in writing,
that the application has been granted, denied, or held for further
review. The period of such additional review shall not exceed an additional
30 days unless otherwise agreed to by the applicant. Upon the conclusion
of such additional review, the Town Clerk shall notify the applicant,
in writing, whether the application is granted or denied.
(d)
Whenever an application is denied or held for further review,
the Town Clerk shall advise the applicant of the reasons for such
action. An application may be denied by the Town Clerk if it is found:
1.
That the operation of the massage business, as proposed by the
applicant, if permitted, would not comply with the applicable federal,
state or local ordinances, rules or regulations, including but not
limited to, the building, fire or zoning codes of the Town; or
2.
That the applicant and/or any other person who will be directly
or indirectly engaged in the management and operation of a massage
business has been convicted of:
a.
A felony or misdemeanor conviction for bodily harm; or any offense
involving sexual misconduct including, but not limited to, prostitution,
soliciting for a prostitute, keeping a place of prostitution, or other
offenses involving moral turpitude; or
b.
A misdemeanor or ordinance violation based upon conduct or involvement
in the massage business or similar or related business activity within
the Town or any other town, village or city, or had a massage business
license denied, revoked or suspended by the Town, or any other jurisdiction.
3.
That the applicant has made any material misstatement in the
application for a license.
(e)
The Town Clerk, at his or her discretion, may issue a massage
business license to any person convicted of any of the crimes enumerated
in Subsection (6)(d)2.a and b of this section, if he or she finds
that such conviction occurred at least 10 years prior to the date
of application, the applicant has had no subsequent convictions, and
the applicant has shown evidence of rehabilitation sufficient to warrant
the public trust.
(f)
The failure or refusal of the applicant to promptly give any
information relevant to the investigation of the application, or the
applicant's refusal or failure to appear at any reasonable time and
place for examination under oath regarding said application, or the
applicant's refusal to submit to or cooperate with any inspection
required by this chapter shall constitute an admission by the applicant
that the applicant is ineligible for such license and shall be grounds
for denial thereof.
(7)
Appeal process. The denial of the Town Clerk with regard to the issuance
or renewal of any license under this chapter shall be reviewable by
the Town Board upon the written request of the applicant filed with
the Town Board within 10 days of such denial. The Town Board shall
conduct a hearing to review the material provided the Town Clerk,
or any other Town department or employees or witnesses. The applicant
may present any evidence relevant to the denial. The decision of the
Town Board shall be provided, in writing, to the applicant not more
than 15 days after conclusion of the hearing.
(8)
Massage business license application.
(a)
The application for a license to operate a massage business
shall state the proposed number of employees, hours of operation,
the business name, address and telephone number of the business, and
other relevant matters to the operation of business.
(b)
In addition to the foregoing, all applicants for a license,
including any individual person, any partner of a partnership applicant,
or any officer or director of a corporate applicant and any stockholder
holding more than 7% of the shares of stock of a corporate applicant,
shall furnish, under oath as may be applicable, the following information:
1.
Full name and any other names used by applicant, current residential
address, and current telephone number;
2.
Written proof that the person making application, and all other
persons involved, directly or indirectly in the massage business,
are at least 18 years of age;
3.
Date of birth;[1]
[1]
Editor's Note: Former Subsection (8)(b)4, Social security number, of the 2005 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 25, General Provisions, Art. I). This ordinance also redesignated former Subsection (8)(b)5 through 16 of the 2005 Code as Subsection (8)(b)4 through 15, respectively.
4.
Driver's license number;
5.
The business, occupation, or employment of the applicant for
the three years immediately preceding the date of application;
6.
The massage or similar business license history of the applicant;
whether such person, in previously operating in this or another village,
city or state under license, has had such license revoked or suspended,
the reason therefore, and the business activity or occupation subsequent
to such action of suspension or revocation;
7.
All criminal or ordinance violation convictions in any state
or federal court, or municipal court, except minor traffic violations;
8.
If the applicant is a corporation, or limited liability company,
a copy of its Articles of Incorporation and/or authorization to do
business in the state, not less than 30 days prior to the date of
application, shall be attached to the application;
9.
The applicant's tax identification number;
10.
The current street and mailing address and current telephone
number of the corporation, limited liability company or partnership;
11.
Evidence of malpractice liability insurance coverage in an amount
that is not less than $1,000,000 per occurrence and $1,000,000 for
all occurrences in one year;
12.
The current name, current street and mailing address, and current
telephone number of the landlord or property owner of the property
from which the massage business will be conducted;
13.
A copy of the list of the Board of directors of the corporate
applicant;
14.
Authorization of the Town, its agents and employees to seek
information and conduct an investigation into the truth of the statements
set forth in the application and the qualifications of the applicant
for the license; and
15.
Written declaration by the applicant or its authorized agent,
under penalty of perjury, that the information contained in the application
is true and correct, said declaration being duly dated, signed and
notarized.
(c)
The application for a license to operate a massage business
shall state the current name(s), current street address(es), and current
telephone number(s) of the individual(s) who will be the business'
massage therapist(s) or who are subleases of the applicant.
(10)
Renewal of license. Application to renew a license to operate a message
therapy business shall be filed at least 45 days prior to the date
of expiration. Such renewal shall be annual from July 1 through June
30 for the business, and shall be accompanied by the annual license
renewal fee in an amount as listed in the Schedule of Fees and Forfeitures.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(a)
The applicant shall present the following information to the
Town Clerk's office:
1.
A sworn affidavit by the applicant stating that the matters
contained in the original application have not changed, or, if they
have changed, specifically stating changes which have occurred.
(b)
The application shall be referred to the departments listed in § 12.12(6)(b).
(c)
The granting or denial of applications for renewal shall be handled in accordance with § 12.12(6)(c) and (d) and (7).
(11)
Revocation or suspension of license. Any license issued for a massage
business may be revoked or suspended by the Town after notice and
a hearing before the Town Board, for good cause, including but not
limited to any case where any of the provisions of this chapter are
violated or where any employee of the licensee, including a massage
therapist, engages in any conduct which violates any of the state
or local laws or ordinances at the licensee's place of business and
the licensee has actual or constructive knowledge by due diligence.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(12)
Operating requirements.
(a)
Massage therapists shall refrain from sexual conduct with a
patron regardless of whether the patron initiates the action.
(b)
The licensee or person designated by the licensee of a massage
business shall maintain a register of all persons employed at any
time as massage therapists. Said register shall be available at the
massage business to representatives of the Town during regular business
hours.
(c)
No operator of a massage business may employ or allow to operate
in the premises any person as a massage therapist or body worker unless
said employee holds a current and valid license for that purpose from
the State Department of Regulation and Licensing under Ch. 460, Wis.
Stats., and engages in the practice of massage therapy within the
scope of his or her license.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(d)
No massage business shall be kept open for any purpose between
the hours of 11:00 p.m. and 4:00 a.m.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(e)
The doors to the business and to the individual massage therapy
rooms shall not be locked or blocked or obstructed from either side
during business hours.
(f)
As a condition of the license the licensee must permit Town
employees, without notice, to inspect the premises at any time during
business hours.
(g)
Every massage therapist performing off-site massage therapy
shall carry their license with them.
(13)
Display and transfer of license. Every licensee shall display a valid
license in a conspicuous place within the massage business so that
the same may be readily seen by persons entering the premises. No
license for the operation of a massage business issued pursuant to
the provisions of this chapter shall be transferable from one person
or entity to another person or entity. Upon the sale or transfer via
one or more transactions of an interest 50% or greater from the date
of application in a massage therapy business, a license shall become
null and void. A new application shall be made by any person desiring
to operate or maintain a massage therapy business.
(14)
Public nuisance. Any building used as a massage therapy business
in violation of this chapter with the intentional, knowing, reckless
or negligent permission of the owner thereof, or the agent of the
owner managing the building, together with all fixtures and other
property used in violation of this chapter, are declared to be a nuisance.
The activity of an individual as a massage therapist without a valid
state license is deemed a public nuisance.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(15)
Penalty. Any person violating this chapter, or the conditions of
a permit issued hereunder, shall be subject to a forfeiture of $1,500
plus court cost and fees.
In addition to the suspension or revocation of any license or permit issued under this chapter any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 25.04 of this Code of Ordinances.
