[Amended by Ord. No. 577; Ord.
No. 624; Ord. No.
675; Ord. No. 735; Ord. No. 739; 1-6-1998 byOrd.
No. 752; 8-4-1998 by Ord. No. 758; 6-1-1999 by Ord. No. 766; 2-1-2000 by Ord. No. 770; 12-18-2001 by Ord. No. 786; 4-4-2006 by Ord. No. 829; 5-20-2008 by Ord. No. 840; 12-16-2008 by Ord. No. 846; 6-1-2010 by Ord. No.
851; 2-2-2016 by Ord. No. 878; 1-15-2019 by Ord. No. 903; 5-19-2020 by Ord. No. 921; 12-5-2022 by Ord. No. 944; 1-17-2023 by Ord. No. 945]
A license shall be required for each of the
following businesses or activities at the indicated license fee, which
shall be for one year unless otherwise indicated. All license classifications
which have an asterisk (*) after the fee shall require a criminal
history check with an additional cost established from time to time
by separate resolution of the Village Board. All licenses noted below
shall have the required fee established from time to time by separate
resolution of the Village Board.
(1) Dog and cat licenses.
(b) Neutered male and spayed female dogs and cats.
(c) If five months of age after July 1 of license year
and unaltered.
(d) If five months of age after July 1 of license year
and altered.
(5) Intoxicating liquor licenses.
(6) Malt beverage licenses.
(f) Provisional operator's license.
(h) Temporary operator's license.
(i)
Temporary extension of licensed premises.
(8) Taxicab cabs and drivers.
(10) Transient merchants, processing fee.
(11)
Arts and crafts. The permit fee
shall not apply to an organization that meets one of the following
requirements:
1) An organization specified in § 70.11(12)(a), Wis. Stats.,
that is located within the Village.
2) An educational, religious, community service, or benevolent institution
that is located within the Village of Greendale and is specifically
dedicated to public services and/or activities within the Village
of Greendale as demonstrated by its articles of incorporation, bylaws,
or other similar organizational documents to satisfy the Village Manager.
3) This exception shall not apply to the required criminal history check.
(12) Theaters and movies.
(a) Structures with seating capacity of fewer than 501
persons.
(b) Structures with seating capacity from 501 to 800 persons.
(c) Structures with seating capacity of more than 800
persons.
(15) Rummage and garage sales.
(16) Exhibitions and carnivals.
(22) Food establishments.
(a) Retail stores.
1. Gross food sales under $7,500.
2. Gross food sales $7,501 to $20,000.
3. Gross food sales $20,001 to $150,000.
4. Gross food sales over $150,000.
(b) Restaurants (full service).
1. Gross food sales under $20,000.
2. Gross food sales $20,001 to $150,000.
3. Gross food sales $150,001 to $250,000.
4. Gross food sales over $250,000.
(c) Preinspection fee. The preinspection fee is to be
paid at the time of license application. This fee is for preinspection
of new or currently licensed/changing owner food establishments.
(d) Reinspection fee. The reinspection fee is for inspection
after a citation is issued or a license is suspended or revoked.
(24) Secondhand article dealer.
(25) Secondhand jewelry dealer.
(26) Secondhand article dealer, mall or flea market.
(27) In use with mechanical devices:
(b) Mechanical amusement device.
(28) Tattoo and body piercing establishments.
(a) A nonrefundable license fee, plus the State of Wisconsin
administrative fee, shall be submitted with the application.
(b) A one-time preinspection fee for each original tattoo
or body piercing establishment license.
(31) Duplicate license or permit.
(32) Electronic
vaping devices: fee to be set by the Village Board by resolution and
listed in the Village Fee Schedule.
[Added 8-1-2023 by Ord. No. 952; amended 3-19-2024 by Ord. No. 957]
[Amended by Ord. No. 569]
(1) State statutes adopted. The provisions of Ch. 125,
Wis. Stats., defining and regulating the sale, procurement, dispensing
and transfer of beverages, inclusive of any provisions relating to
the penalty to be imposed or the punishment for violation of such
statutes, are adopted and made a part of this section by reference.
A violation of any of such provisions shall constitute a violation
of this section.
(2) License required.
(a) When required. No person except as provided by § 125.06,
Wis. Stats., shall within the Village serve, sell, manufacture, rectify,
brew or engage in any other activity for which this chapter or Ch.
125, Wis. Stats., requires a license, permit or other authorization
without holding the appropriate license, permit or other authorization
as provided in this chapter. See § 125.04(1), Wis. Stats.
(b) Separate license required for each place of sale.
Except for licensed public warehouses, a license shall be required
for each location or premises which is in direct connection or communication
with each other where intoxicating liquor or fermented malt beverages
are stored, sold or offered for sale. See § 125.04(9), Wis.
Stats.
(3) Classes of licenses and fees. The following classes and denominations of licenses may be issued by the Village Clerk-Treasurer under the authority of the Village Board, after payment of the fee specified in §
12.01, which, when so issued, shall permit the holder to sell, deal or traffic in alcohol beverages as provided in §§ 125.17, 125.25, 125.26, 125.28 and 125.51, Wis. Stats. The full license fee shall be charged for the whole or fraction of any year, except that fees for "Class A," Class "A," "Class B" and Class "B" licenses shall be prorated in accordance with §§ 125.25(4), 125.26(4) and 125.51(9)(a), Wis. Stats., and only 50% of the regular license fee shall be charged for a six-month Class "B" license.
[Amended 6-1-1999 by Ord. No. 766; 5-20-2008 by Ord. No. 840]
(a) Class "A" fermented malt beverage retailer's license.
(b) Class "B" fermented malt beverage retailer's license.
(c) Wholesaler's fermented malt beverage license.
(d) Retail "Class A" license.
(e) Retail "Class B" license.
(f) Reserve "Class B" license.
(g) Retail "Class C" license.
(h) Temporary Class "B" license.
(i) Operator's license.
[Amended by Ord. No. 598; Ord. No. 622; 5-3-2022 by Ord. No. 938]
1. An operator's license may be granted to individuals
by the Village Clerk or their designee for the purpose of complying
with §§ 125.32(2) and 125.68(2), Wis. Stats.
2. The
Village Clerk may grant operator's licenses pursuant to guidelines
set forth in the operator license policy.
3. An operator's license may be issued only on written
application on forms provided by the Village Clerk.
4. An operator's license shall be valid for one year
and shall expire on June 30 of each year.
5. A provisional operator's license may be issued by
the Village Clerk under the authority provided under § 125.17(5),
Wis. Stats., which license shall expire 60 days after its issuance
or when an operator's license is issued to the holder, whichever is
sooner. The Village Clerk may revoke the license if the Clerk discovers
that the holder of the license made a false statement on the application.
6. A temporary operator's license may be issued by the
Village Clerk under the authority provided by § 125.17(4),
Wis. Stats., which license may be valid for any period from one day
to 14 days.
(4) License application.
(a) Form. Application for a license to sell or deal in
intoxicating liquor or fermented malt beverages shall be made in writing
on forms prescribed by the State Department of Revenue, or Village
Board for operators' licenses, and filed with the Village Clerk-Treasurer
at least 15 days prior to the granting of the license. The premises
shall be physically described, including every room and storage space
to be covered by the license and including all rooms joined by connecting
entrances or not separated by a solid wall.
[Amended 7-2-2018 by Ord.
No. 893; 7-17-2018 by Ord. No. 894]
(b) Application to be notarized. Applications shall be
signed and sworn to by the applicant as provided by § 887.01,
Wis. Stats.
(c) List of licensees. By July 15 of each year, the Clerk-Treasurer
shall forward to the State Department of Revenue a list containing
the name, address and trade name of each person holding a license
issued under this section, except a picnic, manager's or operator's
license.
(5) License restrictions.
(a) Statutory requirements. Licenses shall be issued only
to persons eligible therefor under § 125.04, Wis. Stats.
(b) Location.
1. No "Class A" or "Class B" liquor license shall be
issued for premises the main entrance of which is less than 300 feet
from the main entrance of any established public school, parochial
school, hospital or church. Such distance shall be measured by the
shortest route along the highway from the closest point of entrance
to the premises covered by the license.
2. This subsection shall not apply to premises licensed
as such on June 30, 1947, nor shall it apply to any premises licensed
as such prior to the occupation of real property within 300 feet thereof
by any school, hospital or church building.
(c) Violators of liquor or beer laws or ordinances. No
Class A or B license shall be issued to any person who has been convicted
of a violation of any federal or state liquor or fermented malt beverage
law or the provisions of this section during one year prior to such
application. A conviction of a member of a partnership or the partnership
itself shall make the partnership or any member thereof ineligible
for such license for one year.
(d) Health and sanitation requirements. No retail Class
"B" license shall be issued for any premises which does not conform
to the sanitary, safety and health requirements of the State Department
of Commerce pertaining to buildings and plumbing, to the rules and
regulations of the State Department of Health and Family Services
applicable to restaurants and to all such ordinances and regulations
adopted by the Village.
(e) License quota. The number of persons and places that
may be granted a "Class B" liquor license under this section is limited
as provided in § 125.51(4), Wis. Stats.
(f) Corporations.
1. No corporation organized under the laws of this state
or of any other state or foreign country may be issued any alcohol
beverage license or permit unless such corporation meets the requirements
of § 125.04(6), Wis. Stats.
2. Each corporation applicant shall file with its application
for such license a statement by its officer showing the names and
addresses of the persons who are stockholders together with the amount
of stock held by such person or persons. Such corporation applicant
shall file with the Village Clerk-Treasurer a statement of transfer
of stock within 48 hours after such transfer.
3. Whenever a corporation licensed to sell intoxicating
liquor changes one or more of its corporate officers or directors,
such corporation shall file a new application and pay the required
fee as if making an original application. This provision shall not
apply when a change in a corporate setup is necessitated because of
the death of such officers or directors.
(g) Age requirement. No license hereunder, except an operator's
license, shall be granted to any person who has not attained the legal
drinking age. Operators' licenses may be issued only to applicants
who have attained the age of 18.
(h) Effect of revocation of license. Whenever any license
has been revoked, at least six months from the time of such revocation
shall elapse before another license shall be granted for the same
premises and 12 months shall elapse before another license shall be
granted to the person whose license was revoked.
(j) Issuance for sales in dwellings prohibited. No license
shall be issued to any person for the purpose of possessing, selling
or offering for sale any alcohol beverages in any dwelling house,
flat or residential apartment.
(6) Form and expiration of licenses. All licenses shall
be numbered in the order in which they are issued and shall state
clearly the specific premises for which granted, the date of issuance,
the fee paid and the name of the licensee and, unless sooner revoked,
shall expire on June 30 thereafter except as otherwise provided.
[Amended 5-20-2008 by Ord. No. 840]
(7) Transfer of licenses.
(a) As to person. No license shall be transferable as
to licensee except as provided by § 125.04(12), Wis. Stats.
(b) As to place. Licenses issued pursuant to this section
may be transferred as provided in § 125.04(12), Wis. Stats.
Application for such transfer shall be made on blanks furnished by
the State Department of Revenue. Proceedings for transfer shall be
had in the same manner and form as the original application.
(8) Posting and care of licenses. Every license or permit
required under this section shall be framed and posted and at all
times displayed as provided in § 125.04(10), Wis. Stats.
No person shall post such license or permit any other person to post
it upon premises other than those mentioned in the application or
knowingly deface or destroy such license.
(9) Regulation of licensed premises and licensees.
(a) Gambling and disorderly conduct prohibited. Each licensed
and permitted premises shall at all times be conducted in an orderly
manner, and no disorderly, riotous or indecent conduct or gambling
shall be allowed at any time on any licensed premises.
(b) Employment of underage persons. No licensee shall
employ any underage person who does not have a valid operator's license
to serve, sell, dispense or give away any alcohol beverage, except
that an underage person may serve alcohol beverages provided that
he or she is at least 18 years of age and is under the immediate supervision
of the licensee, permittee, agent or a person holding an operator's
license who is on the premises at the time of the service.
[Amended by Ord. No. 601]
(c) Sales by clubs. No club shall sell intoxicating liquors
or fermented malt beverages except to members and guests invited by
members.
(d) Safety and sanitation requirements. Each licensed
premises shall be maintained and conducted in a sanitary manner and
shall be a safe and proper place for the purpose for which used.
(10) Closing hours. Premises for which an alcohol beverage
license has been issued shall remain open for the sale of alcohol
beverages as provided for in §§ 125.32 and 125.68,
Wis. Stats.
[Amended by Ord. No. 608]
(11) Revocation and suspension of licenses.
(a) Procedure. Whenever the holder of any license under
this section violates any portion of this section, proceedings for
revocation or suspension of such license may be instituted in the
manner and under the procedure established by § 125.12,
Wis. Stats., and the provisions therein relating to granting a new
license shall likewise be applicable.
(b) Effect of revocation. See Subsection
(5)(h) of this section.
(12) Nonrenewal of licenses. Before renewal of any license
issued under this section is refused, the licensee shall be given
written notice of any charges or violations against him or the reasons
proposed for nonrenewal and a copy of any proposed motion for nonrenewal
and shall have an opportunity to be heard before the Village Board.
(13) Violations by agents and employees. A violation of
this section by an authorized agent or employee of a licensee shall
constitute a violation by the licensee.
(14) Temporary extension of licensed premises for special events.
[Added 2-2-2016 by Ord.
No. 878]
(a)
Extension of a licensed premises has been found to be within
the authority of the municipal governing body, in the case of Alberti
v. City of Whitewater, 109 Wis. 2d 592 (1982), and subject to the
discretion of the governing body. The Village hereby establishes the
following procedures to exercise this discretion, on a limited basis.
(b)
Eligibility. Any person holding a valid "Class B" liquor license,
Class "B" fermented malt beverage retailer's license or "Class C"
wine license may apply for temporary extension of such licensed premises
for a special event. The area which the licensee wishes to include
in any temporary extension of the licensed premises, such that the
extended license premises would extend into or encroach upon public
property or public thoroughfares, then the applicant shall also be
required to obtain the applicable special privilege or special event
permit before the document authorizing the temporary extension of
the licensed premises is issued by the Village Clerk. The applicant
shall also comply with all other applicable statutes, ordinances and
resolutions.
(c)
Applicant's responsibility. Application for the temporary extension
of licensed premises for special events shall be made by an individual,
or authorized agent in the case of a corporation, a limited liability
company or other entity or association, who shall be personally responsible
for compliance with all of the terms and provisions of this chapter.
(d)
Application. The application for the temporary extension of
licensed premises shall be filed not less than 15 days prior to the
date upon which the applicant wishes the matter to be considered by
the Village Board. Applications shall be made on forms provided by
the Village Clerk and must be signed and sworn to by the applicant,
if an individual, one partner of a partnership or by a duly authorized
agent, officer or member of a corporation or limited liability company.
The application shall include:
[Amended 9-4-2018 by Ord.
No. 896]
1.
The name, business address and telephone number of the applicant
and the address of the existing licensed premises.
2.
The type of license currently held.
3.
Specific description of the site for which the temporary extension
is sought, including the dimensions of the area.
5.
The manner in which the licensed premises will be restricted
and screened from underage persons.
6.
The name of the particular event or function for which the temporary
extension of the licensed premises is sought.
7.
The date and period of time for which the particular event or
function will be operated.
8.
Such other reasonable and pertinent information the Village
Board may require.
(e)
The completed application shall be submitted to the Village
Board, which shall consider the matter. As part of the consideration
process, the Village Board will consider:
1.
The appropriateness of the location for which the permit is
sought; and whether the event for which the permit is sought will
create undesirable neighborhood problems.
2.
The hours during which the event will be operated at the site
and the likely effect of the event on the surrounding area.
3.
Whether previous permits granted to the same applicant or to
other applicants for the same site have resulted in neighborhood problems,
including, but not limited to, complaints of loud music, noise, litter,
disorderly conduct, loitering, public urination or drunkenness, excessive
refuse, parking in unpermitted locations or such other factors as
may reasonably be related to the public health, safety and welfare
of the community.
(f)
If the Village Board approves the application for the temporary
extension of licensed premises, the Village Clerk shall amend the
license to describe: (a) the original licensed premises; (b) the extended
licensed premises; (c) the specified dates for the extended licensed
premises. The amended license must be posted on the premises. The
document may also contain any restrictions or conditions which the
Board may place on such approval. The Village Clerk shall not issue
the amended license if the applicant has not obtained all of the required
permits for the premises or final inspection of the premises has not
yet occurred.
(g)
The permit for the temporary extension of licensed premises
may only be issued during the time that the applicant holds a valid
"Class B", "Class C" or Class "B" alcohol beverage license for the
area adjoining the proposed special event.
(h)
Each application for extension of licensed premises will be
viewed upon its own merit, and the granting of the existing alcohol
beverage license or previous temporary extension to the licensed premises
will not guarantee the issuance of a temporary extension of licensed
premises.
(i)
The applicant shall obtain liability insurance coverage for
the event, and such coverage shall provide for the Village of Greendale
to be named as an additional insured, which coverage shall be evidenced
by a policy endorsement. Said endorsement shall be filed with the
Clerk and shall evidence the liability insurance limits of not less
than $1,000,000 per occurrence and $2,000,000 in the aggregate.
(j)
In such instances where the event is recurring and there has
been a previous approved extension of premises permit issued, the
applicant may simply provide an application noting the fact that this
is a recurring, previously approved event, and giving the basic information
about the event, the date, location and specifics, together with a
certificate of liability insurance.
(k)
Failure to comply with the terms of the extension of premises
permit may result in revocation of the license by the Village Board
and prosecution of any ordinance violations and a denial of all future
applications for extension of premises. Such circumstances will be
considered at the time of renewal of the existing underlying alcohol
beverage permit.
(l)
Any request for reconsideration of the denial of the extension
of premises permit must be submitted to the Clerk and be made within
five days of the date of denial. The request for reconsideration would
go back to the Village Board for review at the next regularly scheduled
meeting.
[Amended by Ord. No. 665]
(1) Registration required. No transient merchant shall
engage in sales within the Village without being registered for that
purpose as provided herein.
(2) Definitions. In this section the following words have
the meaning indicated:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation or one purporting
to be such.
MERCHANDISE
Includes personal property of any kind and shall include
merchandise, goods or materials provided incidental to services offered
or sold. The sale of merchandise includes donations required by the
seller for the retention of goods by a donor or prospective customer.
PERMANENT MERCHANT
Any person who for at least one year prior to the consideration
of the application of this section to such merchant has continuously
operated an established place of business in the local trade area
among the communities bordering the place of sale or has continuously
resided in the local trade area among the communities bordering the
place of sale and now does business from his residence.
TRANSIENT MERCHANT
Any individual who engages in the retail sale of merchandise
at any place in this state temporarily and who does not intend to
become and does not become a permanent merchant of such place. For
purposes of this section, "sale of merchandise" includes a sale in
which the personal services rendered upon or in connection with the
merchandise constitute the greatest part of value for the price received
but does not include a farm auction sale conducted by or for a resident
farmer or personal property used on the farm or the sale of produce
or other perishable products at retail or wholesale by a resident
of this state.
(3) Exemptions. The following shall be exempt from all
provisions of this section:
(a) Any person delivering newspapers, fuel, dairy products
or bakery goods to regular customers on established routes.
(b) Any person selling merchandise at wholesale to dealers
in such merchandise.
(c) Any person selling agricultural products which the
person has grown.
(d) Any permanent merchant or employee thereof who takes
orders at the home of the buyer for merchandise regularly offered
for sale by the merchant within this county and who delivers the merchandise
in the regular course of business.
(e) Any person who has an established place of business
where the merchandise being sold is offered for sale on a regular
basis and in which the buyer has initiated contact with and specifically
requested a home visit by such person.
(f) Any person who has had or one who represents a company
which has had a prior business transaction, such as a prior sale or
credit arrangement, with the prospective customer.
(g) Any person selling or offering for sale a service
unconnected with the sale or offering for sale of merchandise.
(h) Any person holding a sale required by statute or by
order of any court and any person conducting a bona fide auction sale
pursuant to law.
(i) Any employee, officer or agent of a charitable organization
who engages in direct sales for or on behalf of such organization,
provided that there is submitted to the Clerk-Treasurer proof that
such charitable organization is registered under § 440.42,
Wis. Stats. Any charitable organization engaging in the sale of merchandise
and not registered under § 440.42, Wis. Stats., or which
is exempt from that statute's registration requirements shall be required
to register under this section.
(j) Any person who claims to be a permanent merchant but
against whom complaint has been made to the Clerk-Treasurer that such
person is a transient merchant, provided that there is submitted to
the Clerk-Treasurer proof that such person has leased for at least
one year or purchased the premises from which he has conducted business
in the market area for at least one year prior to the date the complaint
was made.
(k) Any individual licensed by an examining board as defined
in § 15.01(7), Wis. Stats.
(l) Transient merchants while doing business at special
events authorized by the Village Board.
(4) Registration.
(a) Applicants for registration must complete and return
to the Clerk-Treasurer a registration form furnished by the Clerk-Treasurer
which shall require the following information:
1. Name, permanent address and telephone number and temporary
address, if any.
2. Age, height, weight, and color of hair and eyes.
3. Name, address and telephone number of the person,
firm, association or corporation that the transient merchant represents
or is employed by or whose merchandise is being sold.
4. Temporary address and telephone number from which
business will be conducted, if any.
5. Nature of business to be conducted and a brief description
of the merchandise and any services offered.
6. Proposed method of delivery of merchandise, if applicable.
7. Make, model and license number of any vehicle to be
used by the applicant in the conduct of his business.
8. Most recent cities, villages, and towns, not to exceed
three, where the applicant conducted his business.
9. Place where the applicant can be contacted for at
least seven days after leaving the Village.
10.
Statement as to whether the applicant has been
convicted of any crime or ordinance violation related to the applicant's
transient merchant business within the last five years and the nature
of the offense and the place of conviction.
(b) Applicants shall present to the Clerk-Treasurer for
examination:
1. A driver's license or some other proof of identity
as may be reasonably required.
2. A state certificate of examination and approval from
the Sealer of Weights and Measures where the applicant's business
requires use of weighing and measuring devices approved by state authorities.
3. A State Health Officer's certificate where the applicant's
business involves the handling of food or clothing and is required
to be certified under state law. Such certificate shall state that
the applicant is apparently free from any contagious of infectious
disease, dated not more than 90 days prior to the date the application
for license is made.
(c) At the time the registration is returned, the fee in §
12.01 shall be paid to the Clerk-Treasurer to cover the cost of processing such registration.
(d) The applicant shall sign a statement appointing the
Clerk-Treasurer his agent to accept service of process in any civil
action brought against the applicant arising out of any sale or service
performed by the applicant in connection with the direct sales activities
of the applicant, in the event the applicant cannot, after reasonable
effort, be served personally.
(e) Upon payment of the fee and the signing of the statement, the Clerk-Treasurer shall register the applicant as a transient merchant and date the entry. Such registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in Subsection
(5)(b) below.
(f) Persons operating an arts and crafts show may register on behalf of all sellers involved with the show. The application with the list of sellers in the show shall be filed not later than five days prior to the event. The operator of the event shall provide the complete name, including middle initial, date of birth, address, telephone number and business name of each seller. Instead of the payment as required under Subsection
(4)(c), the operator shall pay a fee for each event as provided in §
12.01 to cover the costs of processing the group registration. Applications filed within five days prior to the event shall require double fees.
(5) Investigation.
(a) Upon receipt of each application the Clerk-Treasurer
may refer it immediately to the Chief of Police who may make and complete
an investigation of the statements made in such registration.
(b) The Clerk-Treasurer shall refuse to register the applicant if it is determined, pursuant to the investigation above, that the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received against the applicant by authorities in the most recent cities, villages and towns, not exceeding three, in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is directly related to the applicant's fitness to engage in direct selling; or the applicant failed to comply with any applicable provision of Subsection
(4)(b) above.
(6) Appeal. Any person refused or denied registration
may appeal the denial through the appeal procedure provided by ordinance
or resolution of the Village Board or, if none has been adopted, under
the provisions of §§ 68.07 through 68.16, Wis. Stats.
(7) Regulation of transient merchants.
(a) Prohibited practices.
1. A transient merchant shall be prohibited from calling
at any dwelling or other place between the hours of 9:00 p.m. and
9:00 a.m., except by appointment; calling at any dwelling or other
place where a sign is displayed bearing the words "No Peddlers," "No
Solicitors" or words of similar meaning; calling at the rear door
of any dwelling place; or remaining on any premises after being asked
to leave by the owner, occupant or other person having authority over
such premises.
2. A transient merchant shall not misrepresent or make
false, deceptive or misleading statements concerning the quality,
quantity or characteristics of any merchandise offered for sale, the
purpose of his visit, his identity or the identity of the organization
he represents. A charitable organization transient merchant shall
specifically disclose what portion of the sale price of the merchandise
being offered shall actually be used for the charitable purpose for
which the organization is soliciting. Such portion shall be expressed
as a percentage of the sale price of the merchandise.
3. No transient merchant shall impede the free use of
sidewalks and streets by pedestrians and vehicles. Where sales are
made from vehicles, all traffic and parking regulations shall be observed.
4. A transient merchant shall not make any loud noises and shall comply with §
9.06(2)(c) of this Code.
5. No transient merchant shall allow rubbish or litter
to accumulate in or around the area in which he is conducting business.
(b) Disclosure requirements.
1. After the initial greeting and before any other statement
is made to a prospective customer, a transient merchant shall expressly
disclose his name, the name of the company or organization he is affiliated
with, if any, and the identity of the merchandise or services he offers
to sell.
2. If any sale of merchandise is made by a transient
merchant or any offer for the later delivery of merchandise is taken
by the seller, the buyer shall have the right to cancel the transaction
if it involves the extension of credit or is a cash transaction of
more than $25, in accordance with the procedure as set forth in § 423.203,
Wis. Stats., and the seller shall give the buyer two copies of a typed
or printed notice of that fact. Such notice shall conform to the requirements
of § 423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.
3. If the transient merchant takes a sales order for
the later delivery of merchandise, he shall, at the time the order
is taken, provide the buyer with a written statement containing the
terms of the agreement, the amount paid in advance, whether full,
partial or no advance payment is made, the name, address and telephone
number of the seller, the delivery or performance date and whether
a guarantee or warranty is provided and, if so, the terms thereof.
(8) Records. The Chief of Police shall report to the Clerk-Treasurer
all convictions for violation of this section, and the Clerk-Treasurer
shall note any such violation on the record of the registrant convicted.
(9) Revocation of registration.
(a) Registration may be revoked by the Village Board,
after notice and hearing, if the registrant made any material omission
or materially inaccurate statements in the application for registration,
made any fraudulent, false, deceptive or misleading statement or representation
in the course of engaging in transient sales, violated any provision
of this section or was convicted of any crime or ordinance or statutory
violation which is directly related to the registrant's fitness to
engage in selling.
(b) Written notice of the hearing shall be served personally or pursuant to Subsection
(4)(d) above on the registrant at least 72 hours prior to the time set for the hearing. Such notice shall contain the time and place of the hearing and a statement of the acts upon which the hearing will be based.
[Amended by Ord. No. 738; 11-7-2006 by Ord. No. 834]
(1) Purpose.
(a) The purpose of this section is to encourage alarm
users to properly use and maintain the operational effectiveness of
alarm systems in order to improve the reliability of alarm systems
and reduce or eliminate false alarms.
(b) This section governs alarm systems intended to summon
law enforcement and Fire Department response and requires registration,
establishes fees, provides for penalties for violations, establishes
a system of administration, and sets conditions for suspension of
police response or revocation of registration.
(2) Registration required; application; fee.
(a) No alarm user shall operate, or cause to be operated,
an alarm system at its alarm site without a valid alarm registration.
A separate alarm registration is required for each alarm site.
(b) The fee for an alarm registration or alarm registration
renewal is set forth below and shall be paid by the alarm user. No
refund of a registration or registration renewal fee will be made.
The initial alarm registration fee must be submitted to the alarm
administrator within five days after the alarm system installation
or alarm system takeover.
1. Registration fee: The fee shall be established from
time to time by separate resolution of the Village Board.
[Amended 1-17-2023 by Ord. No. 945]
2. The Chief of Police or his designee shall be the alarm
administrator and shall develop and administer the alarm registration
form accordingly. The registration form will include such information
as the applicant's name, complete address (including apartment/suite
number), and telephone numbers of the person who will be the registration
holder and be responsible for the proper maintenance and operation
of the alarm system and payment of fees assessed under this article,
etc.
3. Each alarm site shall be classified as either residential
(includes apartments, condos and mobile homes), commercial businesses
or financial institutions.
4. Each alarm system located at the alarm site shall
also be classified to inform the Village about the purpose of the
system (i.e., burglary, holdup, duress, panic, intrusion, fire or
other) and classified as to whether such alarm is silent or audible.
5. The registrant shall also provide the mailing address,
if different from the address of the alarm site.
6. The registrant shall also identify any dangerous or
special conditions present at the alarm site.
7. The registrant shall also provide the names and telephone
numbers of at least two individuals who are able to and have agreed
to receive notification of the alarm system activation at any time
and respond to the alarm site within 30 minutes and upon request can
grant access to the alarm site if necessary.
(c) All fees owed by an applicant must be paid before
an alarm registration may be issued or renewed.
(3) Alarm registration duration and renewal. An alarm
registration shall expire December 31 from the date of issuance and
must be renewed annually for businesses and financial institutions
by submitting an updated application and a registration renewal fee
to the alarm administrator. Residential alarm systems do not need
to be annually renewed unless there is a new property owner, who is
then subject to a new registration fee. The alarm administrator shall
notify each alarm user of the need for renewal 30 days prior to the
expiration of the registration. It is the responsibility of the alarm
user to submit an application prior to the registration expiration
date. Failure to renew will be classified as a use of a nonregistered
alarm system and fees and penalties will be assessed without waiver.
A late fee established from time to time by separate resolution of
the Village Board may be assessed if the renewal is more than 30 days
late.
[Amended 5-20-2008 by Ord. No. 840; 1-17-2023 by Ord. No. 945]
(4) Duties of alarm user.
(a) An alarm user shall:
1. Maintain the alarm site and alarm system in a manner
that will minimize or eliminate false alarms.
2. Make every reasonable effort to have a responder to
the alarm system's location within 30 minutes when requested by the
law enforcement agency in order to:
a.
Deactivate the alarm system.
b.
Provide access to the alarm site; and/or
c.
Provide alternative security for the alarm site.
(b) An alarm user shall not use automatic voice dialers.
(c) The alarm administrator shall establish a procedure
for the notification to the alarm user of the false alarm. The notice
shall include the following information.
1. The date and time law enforcement officers responded
to the false alarm.
2. A statement urging the alarm user to ensure that the
alarm system is properly operated, inspected, and serviced in order
to avoid false alarms and resulting fees.
(d) The alarm administrator will make a copy of this section
and/or an ordinance summary sheet available to alarm users.
(5) Fees.
[Amended 1-17-2023 by Ord. No. 945]
(a) An alarm user shall be subject to fees depending on
the number of false alarms within a twelve-month period upon a schedule
approved from time to time by separate resolution of the Village Board.
(b) In addition, any person operating a nonregistered
alarm system will be subject to a fine established from time to time
by separate resolution of the Village Board for each false alarm in
addition to any other fees. The alarm administrator may waive the
additional fees for a nonregistered system if the alarm user submits
an application for alarm registration within 10 days after the notification
of such violation.
(6) Notification.
(a) The alarm administrator shall notify the alarm user
in writing after each false alarm. The notification shall include
the amount of the fee for false alarms.
(b) The alarm administrator may adjust the count of false
alarms based on evidence that:
1. A false alarm was caused by an act of God.
2. A false alarm was caused by action of a telephone
company.
3. A false alarm was caused by a power outage lasting
longer than four hours.
4. The alarm dispatch request was not a false alarm.
5. The law enforcement response was not completed in
a timely fashion.
6. In determining the number of false alarms, multiple
alarms occurring in any twenty-four-hour period shall be counted each
time as a false alarm.
(7) Enforcement and penalties. Enforcement will be handled
by the Police Department based on the penalty stipulation for false
alarms. If the billing is not paid the assessment shall be placed
on the alarm user's taxes. The alarm user may also have his or its
permit suspended until paid.
(8) Confidentiality. In the interest of public safety,
all information contained in and gathered through the alarm registration
applications shall be held in confidence by all employees or representatives
of the municipality and by any third party administrator or employee
of the third party administrator with access to such information.
(9) Government immunity. Alarm registration is not intended
to, nor will it, create a contract, duty, or obligation, either expressed
or implied, of response. Any and all liability and consequential damage
resulting from the failure to respond to a notification is hereby
disclaimed and governmental immunity as provided by law is retained.
By applying for an alarm registration, the alarm user acknowledges
that law enforcement response may be influenced by factors such as
the availability of police units, priority of calls, weather conditions,
traffic conditions, emergency conditions, staffing levels and prior
response history.
(10) False fire alarms; fees for fire response.
(a) For the purpose of this Subsection
(10), the term "false alarm" shall mean the activation of a fire alarm by other than a fire, smoke condition, proper use of a manual pull station or other situation which would activate a fire alarm.
(b) For a Fire Department response to a nonvalid alarm
as a result of negligence or improper maintenance of the alarm system,
the Village shall charge and collect from the owner or occupant having
the responsibility to monitor and/or maintain the system within or
for the building fees as follows:
1. For a response to a premises from which an invalid
alarm has not occurred within a preceding six-month period, hereinafter
referred to as the "first response," no fee shall be charged. The
person having or maintaining such alarm system shall, within three
working days after notice to do so, make a report to the Fire Department
for a fire alarm setting forth the cause of such an alarm, the corrective
action taken, whether the alarm has been inspected by an authorized
serviceman, and such other information as the Fire Chief may reasonably
require to determine the cause of such false alarm and corrective
action necessary.
2. For a second response to a premises within six months
after a first response, no fee shall be charged, but a written report
shall be required as for a first response and the Fire Chief shall
be authorized and may cause to be inspected the alarm system at such
premises, prescribe necessary action and give notice to the person
having or maintaining such alarm system of the conditions and requirements
of this section.
3. For a third response to a premises within six months
after a second response, and for all succeeding responses within six
months of the last response, a progression fee established from time
to time by separate resolution of the Village Board shall be charged.
[Amended 5-20-2008 by Ord. No. 840; 1-17-2023 by Ord. No. 945]
(c) Outside monitoring. Fire alarms installed in any privately owned property, business, firm or corporation which are monitored by any entity are subject to the same false alarm penalties set forth in Subsection
(10)(b) of this section.
(d) Where a required fire alarm system is out of service
for more than four hours in a twenty-four-hour period, the Fire Department
shall be notified and the building shall be evacuated or an approved
fire watch shall be provided for all parties left unprotected by the
shutdown until the fire alarm system has been returned to service.
[Added by Ord. No. 653]
Section 134.71, Wis. Stats., is hereby adopted by reference to define pawnbrokers and secondhand article and jewelry dealers and to provide licensing and other requirements as provided for in such statute, provided that penalties for violations thereunder shall be limited to a forfeiture imposed under §
25.04 of this Code.
[Added 6-18-2002 by Ord. No. 794; amended 5-20-2008 by Ord. No.
840; 10-20-2009 by Ord. No. 849]
(1) Permit required; payment of fee. No person or business shall conduct
a grand opening event or going-out-of-business sale without properly
receiving a grand opening event or going-out-of business sale permit
from the Village upon payment of a permit fee.
(2) Definitions. As used in this section, the following terms shall have
the meanings indicated:
GOING-OUT-OF-BUSINESS SALE
A sale, other than a bankruptcy sale regulated under federal
court, held out in such a manner as to reasonably cause the public
to believe that upon disposal of the stock of goods on hand the business
will cease and be discontinued, such sale including but not limited
to the following kinds of sales: adjustor's; adjustment; alteration;
administrator's; assignee's; bankruptcy; benefit of administrator
or executor; benefit of creditors; benefit of trustees; building coming
down; closing; creditor's committee; creditors; end; executor; final
days; force out; forced out of business; insolvency; insurance; last
days; lease expires; liquidation; loss of lease; mortgage; receivers;
trustees; and quitting business.
GRAND OPENING EVENTS
Includes grand opening events and other similar special or
unique events, including grand reopenings, special open houses for
milestone events, etc. Business sales, except those in conjunction
with grand opening events, and other routine annual events shall not
qualify.
(3) Duration. Grand opening events shall be limited to a two-consecutive-day
period and shall be conducted in conjunction with and coincide with
normal business/operating hours. Businesses/applicants are limited
to one grand opening event per calendar year. A going-out-of-business
sale shall be limited to 21 consecutive days.
(4) Location. Grand opening events and going-out-of-business sales shall
be conducted solely on the business'/applicant's property. Businesses/applicants
leasing parking space or sharing a general parking area may conduct
such events within leased or shared parking areas upon written authorization
from the property owner(s). All outdoor activities must be identified
on a site plan and approved by the Village for location, type and
operation; outdoor activities shall not be located in areas that impede
traffic or pedestrian ingress or egress, including but not limited
to traffic or firesafety aisles and sidewalks. Outdoor activities
may be located in parking spaces, provided that the number of parking
spaces utilized shall not exceed 10% of the business'/applicant's
available parking spaces. All outdoor activities shall be conducted
within a clearly delineated and secured area. No stakes or poles shall
be used in parking lot areas. Going-out-of-business sales and any
related activities shall only be conducted on the interior of the
building.
(5) Outdoor activities. Outdoor activities associated with grand opening
events shall not include outdoor sales, except for food/beverage sales.
No alcohol may be sold or served. Outdoor storage of materials, produce
or products is prohibited. Any and all outdoor fireplaces or grills
shall comply with the regulations and restrictions imposed by the
Village Fire Chief, including that they not be located on Village
property. Any and all outdoor food or vending shall be approved by
the Village and shall require separate food and vendor permits approved
by the Village and payment of the proper fees.
(6) Nuisance prevention. Businesses/applicants shall make every effort
to minimize disruption and the creation of a nuisance to surrounding
properties. Outdoor music or band performances shall be permitted
with the use of minimal sound amplification. Additional refuse containers
shall be provided, and any garbage overflow shall be monitored and
removed within 24 hours. The business/applicant shall also be responsible
for full and proper cleanup and restoration of the site following
the event to the Village's satisfaction, including but not limited
to the proper cleanup and restoration of parking areas and disturbed
Village rights-of-way and cleanup and restoration of surrounding properties
from damages resulting from the event.
(7) Signage. All signage shall be according to the Village of Greendale
sign regulations and shall be approved by the Village and shall require
a separate sign permit approved by the Village and payment of the
proper fees. Temporary banners or signage may be permitted, limited
in number and area to the business/applicant's existing or permissible
signage. Temporary banners or signage shall not exceed 24 square feet
in area. The Director of Inspection Services may approve a larger
sign based upon the size of the building upon which the sign is to
be displayed and the building setback from the abutting street right-of-way
line which the sign faces. Temporary banners or signage shall be permitted
for a period not to exceed 21 consecutive days. The following signs
are hereby prohibited:
(a) Any sign which, or any part of which, is in motion by any means,
including fluttering or rotating, or other signs set in motion by
movement of the atmosphere. This includes all flags (except those
of the United States of America, State of Wisconsin, and Village of
Greendale), pennants, whirling objects, banners, or other entities
attached to strings or lines.
(b) Inflatable advertising devices or signs.
(c) Changeable copy and portable trailer signs, either fixed or moveable.
(d) Statutes and stuffed animals.
(e) Floodlights or flashing light signs.
(f) A sign on a motor vehicle or trailer parked on public or private
property so as to be seen from the public right-of-way which has attached
thereto or located thereon any sign for the purpose of advertising
a product or directing people to a business activity.
(8) Certificate(s) of insurance required. The Village may require the
applicant therefor to place on file with the Village a certificate
or certificates of insurance indicating that there is in effect public
liability insurance covering any damages arising out of the use or
operation of any devices and facilities operated in connection with
such grand opening event. The Village shall be named on such insurance
policy certificate as an additional insured. Such insurance shall
be in the minimal amount of $500,000 per person, $1,000,000 for each
accident and $100,000 property damage.
(9) Village coordination/approval. Applications for grand opening events
and going-out-of-business sales shall be made to the Clerk-Treasurer's
office in a manner determined by the Village. The Village Manager,
or his designee, shall issue grand opening event and going-out-of-business
sale permits administratively upon his satisfaction that the business/applicant
has satisfied the requirements and intent of this section and has
taken the necessary measures to conduct the event in the best public
health, welfare and safety interest of the Village, any and all other
required permits have been obtained and all proper fees have been
paid. The business/applicant shall be required to comply with any
and all conditions imposed by the Village Manager, including the full
and proper coordination of all activities and events with the Village
staff, including but not limited to the Chief of Police, Fire Chief,
Public Health Administrator/Health Officer, and Director of Inspection
Services.
(10) Fee. The business/applicant shall pay a grand opening event or going-out-of-business permit fee as provided in §
12.01 to offset Village costs incurred, including staff review time. This fee may be amended from time to time by the Board of Trustees by the passage of a resolution.
[Added 8-1-2023 by Ord. No. 952; amended 3-19-2024 by Ord. No. 957]
(1) License
required. No person shall sell, expose for sale, possess with intent
to sell, exchange, barter, dispose of or give away any electronic
vaping devices to any person without first obtaining a license from
the Clerk. No new license shall be issued to any business engaged
in the sale of electronic vaping devices if it is located within 1,000
feet of a school.
(2) Application. Upon filing of a proper written application, such license shall be issued on July 1 of each year or when applied for and continued in force until the following June 30, unless sooner revoked. The fee for such license shall be as provided in §
12.01 of this chapter, which shall be paid to the Clerk before the license is issued.
(3) Information
required.
(a) The
following information shall be provided with an application:
1. The
applicant's history relevant to the applicant's fitness to hold a
license.
2. The
kind of license for which the applicant is applying.
3. The
premises where electronic vaping devices will be sold or stored.
4. If
the applicant is a corporation, the identity of the corporate officers
and agent.
5. If
the applicant is a limited-liability company, the identity of the
company members or managers and agent.
6. The
applicant's trade name, if any.
7. Whether
the applicant will sell, exchange, barter, dispose of, or give away
the electronic vaping devices over the counter or in a vending machine,
or both.
8. Any
other information required by the Department of Revenue.
(b) A
license shall not be issued unless the applicant meets the following
requirements:
1. Subject
to §§ 111.321, 111.322, and 111.335, Wis. Stats., the
applicant has not habitually been a law offender or been convicted
of a felony unless pardoned.
2. The
applicant has submitted the proof required under § 77.61(11),
Wis. Stats.
(4) Records.
Each licensed retailer shall keep complete and accurate records of
all purchases and receipts of electronic vaping devices. Such records
shall be preserved on the licensed premises for two years in such
manner as to ensure permanency and accessibility for inspection and
shall be subject to inspection at all reasonable hours by authorized
state and local law enforcement officials.
(5) Restrictions
on sale or gift of electronic vaping devices. Section 134.66, Wis.
Stats., placing restrictions on sale or gift of cigarettes or tobacco
products, is adopted by reference and made a part of this section
and shall apply to the sale of electronic vaping devices, as though
set forth in full.
(6) Revocation.
An electronic vaping devices license issued pursuant to this section
shall be revoked if the licensed business or employee is convicted
of sales to persons under the age established by the laws of the State
of Wisconsin allowed to purchase electronic vaping devices three times
within a two-year period. The date of conviction shall be used as
the date for calculating the convictions within the two-year period.
Revocation can also occur for violations of § 134.65(5),
Wis. Stats., which is incorporated herein by reference.
(7) Quota.
There shall be a limit of three electronic vaping devices licenses
granted by the Village Board within the Village of Greendale. Any
establishment legally selling electronic vaping devices on the effective
date of this section shall be permitted to continue selling such electronic
vaping devices. If any establishment selling electronic vaping devices
on the effective date of this section shall cease business or have
its electronic vaping devices license become invalid, either by nonrenewal
or revocation, a new license shall not be approved until the number
of valid licenses within the Village shall be reduced to two or less.
(8) Display
of license. An electronic vaping devices license shall be enclosed
in a frame that has a transparent front that allows the license to
be read clearly. The licensee shall conspicuously display the license
for public inspection at all times in the room or place where the
activity subject to licensure is carried out.
[Amended by Ord. No. 692]
(1) Violations. Whenever, upon inspection of any establishment or place regulated under §§
12.05 to
12.07, the Public Health Administrator/Health Officer finds that conditions or practices exist which are in violation of such provisions, he shall issue a written order setting forth the character of the violation. This order, which may be served personally or by certified or registered mail to the operator of such establishment or place, shall direct him to correct such practices or conditions within a reasonable period of time, to be determined by the Public Health Administrator/Health Officer. Such order shall also contain the notification that if such practices or conditions have not been corrected within such period, the permit to operate such establishment shall be suspended.
(2) Suspension of permit. If, at the end of such period of time, a reinspection by the Public Health Administrator/Health Officer reveals that such practices or conditions have not been corrected, he shall suspend the permit and give notice in writing to the operator that his permit has been suspended under §§
12.05 to
12.07 of this chapter.
(3) Hearing; permit revocation. Any person whose permit to operate an establishment or place regulated under §§
12.05 to
12.07 has been suspended or who has received notice from the Public Health Administrator/Health Officer that his permit is to be suspended unless existing conditions or practices at his establishment are corrected may request and shall be granted a hearing on the matter before the Public Health Administrator/Health Officer. If no written petition for such hearing is filed in the office of the Public Health Administrator/Health Officer within 20 days following the day on which such permit was suspended and the violations have not been corrected, such permit shall be deemed to have been automatically revoked. Upon receipt of notice of permit revocation, the operator shall cease to operate the establishment. Upon receipt of a petition for a hearing, the Public Health Administrator/Health Officer shall, within 10 days, notify the petitioner of the date, time and place of the hearing. Following the hearing the Public Health Administrator/Health Officer shall sustain, modify or withdraw the notice of permit suspension or shall revoke the permit, as in his judgment is necessary to protect the public health, safety and welfare of the citizens of the Village, and shall notify the petitioner in writing of his decision.
[Amended by Ord. No. 692]
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by §
25.04 of this Code.