Village of Belleville, WI Chapter 10 Licensing and Regulations

§ 10.01 Intoxicating liquor and fermented malt beverages.

The provisions of Chapter 125, Wis. Stats., except provisions therein relating to penalties to be imposed, are hereby adopted by reference and made a part of this ordinance as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this ordinance. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this ordinance to secure uniform statewide regulation of alcohol beverage control.

(1) License required. No person, firm or corporation shall vend, sell, deal or traffic in or have in his/her possession with intent to vend, sell, deal or traffic in or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage in any quantity whatever, or cause the same to be done, without having procured a license as provided in this ordinance nor without complying with all the provisions of this ordinance and all statutes and regulations applicable thereto, except as provided by Sections 125.26, 125.27, 125.28 and 125.51, Wis. Stats.

(2) Classes of licenses.

(a) Retail "Class A" intoxicating liquor license. A retail "Class A" intoxicating liquor license, when issued by the Village Clerk under the authority of the Village Board, shall permit its holder to sell, deal and traffic in intoxicating liquors only in original packages or containers and to be consumed off the premises so licensed.

(b) Retail "Class B" intoxicating liquor license. A retail "Class B" intoxicating liquor license, when issued by the Village Clerk under the authority of the Village Board, shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed and in the original package or container, in multiples not to exceed four (4) liters at any one (1) time, to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.

(c) Class "A" fermented malt beverage retailer's license. A Class "A" fermented malt beverage retailer's license, when issued by the Village Clerk under the authority of the Village Board, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages only for consumption away from the premises where sold and in the original packages, containers or bottles. Such license may be issued after July 1st. The license shall expire on the following June 30th.

(d) Class "B" fermented malt beverage retailer's license.

1. License. A Class "B" fermented malt beverage retailer's license, when issued by the Village Clerk under the authority of the Village Board, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages to be consumed either upon the premises where sold or away from such premises. The holder may also sell beverages containing less than one-half percent (0.5%) of alcohol by volume without obtaining a special license to sell such beverages. Such license may be issued after July 1st. The license shall expire on the following June 30th.

2. Application. Class "B" licenses may be issued to any person qualified under Section 125.04(5), Wis. Stats. Such licenses may not be issued to any person acting as agent for or in the employ of another, except that this restriction does not apply to a hotel or restaurant which is not a part of or located on the premises of any mercantile establishment, or to a bona fide club, society or lodge that has been in existence for at least six (6) months before the date of application. A Class "B" license for a hotel, restaurant, club, society or lodge may be issued in the name of an officer who shall be personally responsible for compliance with this article. Class "B" licenses may not be issued to brewers or fermented malt beverage wholesalers.

(e) Temporary Class "B" fermented malt beverage license.

1. License. As provided in Section 125.26(1) and (6), Wis. Stats., temporary Class "B" fermented malt beverage licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six (6) months before the date of application and to posts of veterans' organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held. Such license is valid for dates as approved by the Village Board.

2. Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Village Clerk together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of two hundred ($200.00) and will be ineligible to apply for a temporary Class "B" license for one (1) year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of fifteen (15) days prior to the meeting of the Village Board at which the application will be considered for events of more than three (3) consecutive days. If the application is for a license to be used in a Village Park, the applicant shall specify the main point of sale facility.

(f) Temporary "Class B" wine license.

1. License. Notwithstanding Section 125.68(3), Wis. Stats., temporary "Class B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six (6) months before the date of application and to posts of veterans' organizations authorizing the sale of wine in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. No fee may be charged to a person who, at the same time, applies for a temporary Class "B" beer license under Section 125.26(6), Wis. Stats., for the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine from the stands while the fair is being held.

2. Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Village Clerk together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of two hundred ($200.00) and will be ineligible to apply for a temporary "Class B" wine license for one (1) year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of fifteen (15) days prior to the meeting of the Village Board at which the application will be considered for events of more than three (3) consecutive days. If the application is for a license to be used in a Village Park, the applicant shall specify the main point of sale facility.

(g) Wholesaler's license. A wholesaler's fermented malt beverage license, when issued by the Village Clerk under authority of the Village Board, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages only in original packages or containers to dealers, not to be consumed in or about the premises of said wholesaler.

(h) Retail "Class C" license.

1. In this subsection "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.

2. A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.

3. A "Class C" license may be issued to a person qualified under Section 125.04(5), Wis. Stats., for a restaurant in which the sale of alcohol beverages accounts for less than fifty percent (50%) of gross receipts and which does not have a barroom or for a restaurant in which the sale of alcohol beverages accounts for less than fifty percent (50%) of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another.

4. A "Class C" license shall particularly describe the premises for which it is issued.

(i) Reserve "Class B" intoxicating liquor license. Reserve "Class B" intoxicating liquor license has the meaning set forth in Section 125.51(4)(a)4, Wis. Stats. A reserve "Class B" intoxicating liquor license, when issued by the Village Clerk under authority of the Village Board, shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed and in the original package or container, in multiples not to exceed four (4) liters at any one (1) time, to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.

(3) License fees. There shall be the following classes of licenses which, when issued by the Village Clerk under the authority of the Village Board after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in Section 10.01(2) of this article and Chapter 125, Wis. Stats.:

(a) Class "A" fermented malt beverages retailer's license. The annual fee for this license shall be as prescribed in the Village Fee Schedule. The fee for a license for less than twelve (12) months shall be prorated according to the number of months or fraction thereof for which the license is issued.

(b) Class "B" fermented malt beverage retailer's license. The annual fee for this license shall be as prescribed in the Village Fee Schedule. This license may be issued at any time for six (6) months in any calendar year, for which fifty percent (50%) of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued. The fee for a license for less than twelve (12) months shall be prorated according to the number of months or fraction thereof for which the license is issued.

(c) Temporary Class "B" fermented malt beverage license. The fee for this license shall be as prescribed in the Village Fee Schedule per event.

(d) Temporary "Class B" wine license. The fee for this license shall be as prescribed in the Village Fee Schedule per event. However, there shall be no fee if the temporary wine license is obtained along with a temporary fermented malt beverage license.

(e) Fermented malt beverage wholesaler's license. The annual fee for this license shall be as prescribed in the Village Fee Schedule.

(f) "Class A" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed in the Village Fee Schedule.

(g) "Class B" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed in the Village Fee Schedule. This license may be issued at any time for six (6) months in any calendar year, for which fifty percent (50%) of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued.

(h) "Class C" wine license. The annual fee for this license shall be as prescribed in the Village Fee Schedule. The fee for less than twelve (12) months shall be prorated.

(i) Reserve "Class B" intoxicating liquor license. The annual fee for a reserve "Class B" intoxicating liquor license shall be the same as the annual fee for a "Class B" intoxicating liquor license as prescribed in Section 10.01(3)(g). An applicant for a reserve "Class B" intoxicating liquor license shall pay an initial issuance fee of ten thousand ($10,000.00), except that this initial issuance fee shall not be required for an initial issuance of a reserve "Class B" intoxicating liquor license to a bona fide club or lodge situated and incorporated in the state for at least six (6) years.

(4) Application for license.

(a) Contents. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on the form prescribed by the Wisconsin Department of Revenue and shall be sworn to by the applicant as provided by Sections 887.01 to 887.03, Wis. Stats., and shall be filed with the Village Clerk not less than fifteen (15) days prior to the granting of such license. The premises shall be physically described, to include every room and storage space to be covered by the license, including all rooms not separated by a solid wall or joined by connecting entrances.

(b) Corporations. Such application shall be filed and sworn to by the applicant, if an individual, or by the president or secretary, if a corporation.

(c) Publication. The Village Clerk shall publish each application for a Class "A," Class "B," "Class A," "Class B" or "Class C" license. There is no publication requirement for temporary Class "B" picnic beer licenses under Section 125.26, Wis. Stats., or temporary "Class B" picnic wine licenses under Section 125.51(10), Wis. Stats. The application shall be published once in the official Village newspaper, and the costs of publication shall be paid by the applicant at the time the application is filed, as determined under Section 985.08, Wis. Stats.

(d) Amending application. Whenever anything occurs to change any fact set out in the application for any licensee, such licensee shall file with the issuing authority a notice in writing of such change within ten (10) days after the occurrence thereof.

(e) License quotas. Retail intoxicating liquor and fermented malt beverage licenses issued by the Village Board shall be limited in number to the quota prescribed by state law.

(5) Qualifications.

(a) Residency requirement. A retail Class "A" or Class "B" fermented malt beverage or "Class A" or "Class B" intoxicating liquor license shall be granted only to persons who are citizens of the United States and who have been residents of the State of Wisconsin continuously for at least ninety (90) days prior to the date of the application.

(b) Applicant to have malt beverage license. No retail "Class B" intoxicating liquor license shall be issued to any person who does not have or to whom is not issued a Class "B" retailer's license to sell fermented malt beverages.

(c) Right to premises. No applicant will be considered unless he or she has the right to possession of the premises described in the application for the license period, by lease or by deed.

(d) Age of applicant. Licenses related to alcohol beverages shall only be granted to persons who have attained the legal drinking age.

(e) Corporate restrictions.

1. No license or permit may be issued to any corporation unless the corporation meets the qualifications under Section 125.04(5)(a)1 and 4 and (b), Wis. Stats., unless the agent of the corporation appointed under Section 125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of Section 125.04(5)(a)1 and 3 and (b), Wis. Stats., and unless the agent of the corporation appointed under Section 125.04(6), Wis. Stats., meets the qualification under Section 125.04(5)(a)2, Wis. Stats. The requirement that the corporation meet the qualifications under Section 125.04(5)(a)1 and (b), Wis. Stats., does not apply if the corporation has terminated its relationship with all the individuals whose actions directly contributed to the conviction.

2. Each corporate applicant shall file with its application for such license a statement by its officers showing the names and addresses of the persons who are stockholders together with the amount of stock held by such person or persons. It shall be the duty of each corporate applicant and licensee to file with the Village Clerk a statement of transfers of stock within forty-eight (48) hours after such transfer of stock.

3. Any license issued to a corporation may be revoked in the manner and under the procedure established in Section 125.12, Wis. Stats., when more than fifty percent (50%) of the stock interest, legal or beneficial, in such corporation is held by any person or persons not eligible for a license under this article or under the state law.

(f) Sales tax qualification. All applicants for retail licenses shall provide proof, as required by Section 77.61(11), Wis. Stats., that they are in good standing for sales tax purposes (i.e., hold a seller's permit) before they may be issued a license.

(g) Connecting premises. Except in the case of hotels, no person may hold both a "Class A" license and either a "Class B" license or permit, a Class "B" license or permit, or a "Class C" license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.

(h) Limitations on other business; Class "B" premises. No Class "B" license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class "B" license or permit is issued is connected to premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the Class "B" premises. No other business may be conducted on premises operating under a Class "B" license or permit. These restrictions do not apply to any of the following:

1. A hotel.

2. A restaurant, whether it is a part of or located in any mercantile establishment.

3. A combination grocery store and tavern.

4. A combination sporting goods store and tavern in towns, villages and fourth-class cities.

5. A combination novelty store and tavern.

6. A bowling alley or recreation premises.

7. A club, society or lodge that has been in existence for six (6) months or more prior to the date of filing application for the Class "B" license or permit.

(6) Investigation. The Village Clerk shall notify the Chief of Police, Fire Chief and Building Inspector of each new application, and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. These officials shall furnish to the Village Clerk in writing, who shall forward to the Village Board the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a reinspection of the premises and report as originally required.

(7) Considerations.

(a) No license shall be granted for operation on any premises or with any equipment for which taxes, assessments, forfeitures or other financial claims of the Village are delinquent and unpaid.

(b) No license shall be issued unless the premises conforms to the sanitary, safety and health requirements of the State Building Code and the regulations of the State Department of Health Services applicable to restaurants. The premises must be properly lighted and ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped with running water for each sex and must conform to all ordinances of the Village.

(c) Consideration for the granting or denial of a license will be based on:

1. Arrest and conviction record of the applicant, subject to the limitations imposed by Sections 111.321, 111.322, and 111.335, Wis. Stats.

2. The financial responsibility of the applicant.

3. The appropriateness of the location and the premises where the licensed business is to be conducted.

4. Generally, the applicant's fitness for the trust to be reposed.

(d) An application may be denied based upon the applicant's arrest and conviction record if the applicant has been convicted of a felony (unless duly pardoned) or if the applicant has habitually been a law offender. For purposes of this licensing procedure, "habitually been a law offender" is generally considered to be an arrest or conviction of at least two (2) offenses which are substantially related to the licensed activity within the five (5) years immediately preceding the license application. Because a license is a privilege, the issuance of which is a right granted solely to the Village Board, the Village Board reserves the right to consider the severity and facts and circumstances of the offense when making the determination to grant, deny or not renew a license. Further, the Board, at its discretion, may, based upon an arrest or conviction record of two (2) or more offenses which are substantially related to the licensed activity with the five (5) years immediately preceding, act to suspend such license for a period of one (1) year or more.

(8) Grant or denial of license.

(a) Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Village Board, the Village Clerk shall issue to the applicant a license, upon payment by the applicant of the license fee to the Village.

(b) If the Village Board denies the license, the applicant shall be notified in writing, by registered mail or personal service, of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the Village Board and to provide evidence as to why the denial should be reversed. In addition, the notice shall inform the applicant that the reconsideration of the application shall be held in closed session, pursuant to Section 19.85(1)(b), Wis. Stats., unless the applicant requests that such reconsideration be held in open session and the Village Board consents to the request. Such written notice shall be mailed or served upon the applicant at least ten (10) days prior to the Village Board meeting at which the application is to be reconsidered.

(9) Transfer and lapse of license.

(a) In accordance with the provisions of Section 125.04(12), Wis. Stats., a license shall be transferable from one (1) premises to another if such transfer is first approved by the Village Board. An application for transfer shall be made on a form furnished by the Village Clerk. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer shall be as prescribed in the Village Fee Schedule. Whenever a license is transferred, the Village Clerk shall forthwith notify the Wisconsin Department of Revenue of such transfer. In the event of the sale of a business or business premises of the licensee, the purchaser of such business or business premises must apply to the Village for reissuance of said license, and the Village, as the licensing authority, shall in no way be bound to reissue said license to said subsequent purchaser.

(b) Whenever the agent of a corporate holder of a license is for any reason replaced, the licensee shall give the Village Clerk written notice of said replacement, the reasons therefor and the new appointment. Until the next regular meeting or special meeting of the Village Board, the successor agent shall have the authority to perform the functions and be charged with the duties of the original agent. However, said license shall cease to be in effect upon receipt by the Village Clerk of notice of disapproval of the successor agent by the Wisconsin Department of Revenue or other peace officer of the municipality in which the license was issued. The corporation's license shall not be in force after receipt of such notice or after a regular or special meeting of the Village Board until the successor agent or another qualified agent is appointed and approved by the Village.

(c) Whenever any licensee under this article does not conduct his or her licensed business at the authorized location for a period of one hundred and eighty (180) consecutive days, the license shall become subject to revocation or nonrenewal, unless such one-hundred-eighty (180)-day period shall, for good cause shown, be extended by the Village Board.

(10) Numbering and contents of license. 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.

(11) Posting licenses; defacement.

(a) Every person licensed in accordance with the provisions of this ordinance shall immediately post such license and keep the same posted while in force in a conspicuous place in the room or place where said beverages are drawn or removed for service or sale.

(b) It shall be unlawful for any person to post such license or to be permitted to post it upon premises other than those mentioned in the application or knowingly to deface or destroy such license.

(12) Conditions of license. All retail Class "A," Class "B," "Class A" and "Class B" licenses granted hereunder shall be granted subject to the following conditions and all other conditions of this article and subject to all other ordinances and regulations of the Village applicable thereto:

(a) Consent to entry. Every applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the Village at all reasonable hours for the purpose of inspection and search and consents to the removal from said premises of all things and articles there had in violation of Village ordinances or state laws and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.

(b) Employment of minors. Except as otherwise provided in Sections 125.32(2) and 125.68(2), Wis. Stats., no retail "Class B" or Class "B" licensee shall employ any underage person, as defined in the Wisconsin Statutes, but this shall not apply to hotels and restaurants. Family members may work on the licensed premises but are not permitted to sell or dispense alcohol beverages.

(c) 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 licensed premises.

(d) Licensed operator on premises. There shall be upon premises operated under a "Class B," Class "B" or "Class C" license, at all times, the licensee, members of the licensee's immediate family who have attained the legal drinking age, and/or some person who shall have an operator's license and who shall be responsible for the acts of all persons serving as waiters, or in any other manner, any fermented malt beverages to customers. No person other than the licensee shall serve fermented malt beverages in any place operated under a "Class B," Class "B" or "Class C" license unless he or she possesses an operator's license or there is a person with an operator's license upon said premises at the time of such service.

(e) Health and sanitation regulations. The rules and regulations of the State Department of Health Services governing sanitation in restaurants shall apply to all "Class B" liquor or "Class C" licenses issued under this article. No "Class B" or "Class C" license shall be issued unless the premises to be licensed conforms to such rules and regulations.

(f) Restrictions near schools and churches. No retail Class "A," Class "B," "Class A" or "Class B" license shall be issued for premises, the main entrance of which is less than three hundred (300) feet from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, church or hospital to the main entrance to such premises.

(g) Clubs. No club shall sell or give away any intoxicating liquors except to bona fide members and guests invited by members.

(h) Gambling prohibited. Except as authorized by state law, no gambling or game of chance of any sort shall be permitted in any form upon any premises licensed under this ordinance or the laws of the State of Wisconsin.

(i) Credit prohibited. No retail Class "A," Class "B," "Class A," "Class B" or "Class C" liquor, wine, or fermented malt beverage licensee shall sell or offer for sale any alcohol beverage to any person or persons by extending credit, except hotel credit extended to a resident guest or a club to a bona fide member. It shall be unlawful for such licensee or permittee to sell alcohol beverages to any person on a passbook or store order or to receive from any person any goods, wares, merchandise or other articles in exchange for alcohol beverages.

(j) Licensee or permittee responsible for acts of help. A violation of this ordinance by a duly authorized agent or employee of a licensee or permittee under this article shall constitute a violation by the licensee or permittee. Whenever any licensee or permittee under this ordinance shall violate any portion of this ordinance, proceedings for the suspension or revocation of the license or permit of the holder thereof may be instituted in the manner prescribed in this ordinance.

(k) Improper exhibitions. It shall be unlawful for any person to perform or for any licensee or manager or agent of the licensee to permit any employee, entertainer or patron to engage in any live act, demonstration, dance or exhibition on the licensed premises which:

1. Exposes his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region.

2. Exposes any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region.

3. Exposes any portion of the female breast at or below the areola thereof.

4. Engages in or simulates sexual intercourse and/or any sexual contact, including the touching of any portion of the female breast or the male and/or female genitals.

(13) Closing hours. Closing hours shall be established in conformance with Sections 125.32(3) and 125.68(4), Wis. Stats., and further restricted as follows:

(a) No premises for which a retail "Class B" liquor, Class "B" fermented malt beverage, or "Class C" wine license has been issued shall be permitted to remain open for the sale of liquor or fermented malt beverages or for any other purpose between the hours of 2:00 a.m. and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m., Saturday and Sunday. There shall be no closing hours on January 1st.

(b) Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Section 10.01(13)(a).

(c) Carry-out hours. Between 9:00 p.m. and 6:00 a.m., no person may sell, remove, carry out or permit to be removed or carried out from any premises having a "Class A" or Class "A" license fermented malt beverages or intoxicating liquor in original unopened packages, containers or bottles or for consumption away from the premises.

(14) Restrictions on temporary licenses. It shall be unlawful for any person or organization on a temporary basis to sell or offer to sell any alcohol beverage upon any Village-owned property or privately owned property within the Village of Belleville, except through the issuance of a temporary Class "B" fermented malt beverage license or temporary "Class B" wine license issued by the Village Board in accordance with Wisconsin Statutes and as set forth in this section. A temporary Class "B" fermented malt beverage license or temporary "Class B" wine license authorizing the sale and consumption of beer and/or wine on Village-owned property or privately owned property may be authorized by the Village Board, provided that the following requirements are met:

(a) Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in Section 125.26(6), Wis. Stats., and shall fully comply with the requirements of this ordinance. Members of an organization which is issued a temporary license and who are issued operators' licenses for the event may be required to attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.

(b) Posting of signs and licenses. All organizations issued a temporary license shall post in a conspicuous location at the main point of sale and at all remote points of sale a sufficient number of signs stating that no fermented malt beverage shall be served to any underage person without proper identification.

(c) Fencing.

1. If necessary due to the physical characteristics of the site, the Village Board may require that organizations install a double fence around the main point of sale to control ingress and egress and continually station a licensed operator, security guard or other competent person at the entrance for the purpose of checking age identification. Where possible, there shall be only one (1) point of ingress and egress. When required, the double fence shall be a minimum of four (4) feet high and a minimum of six (6) feet between fences.

2. For indoor events, the structure used shall have suitable exits and open spaces to accommodate anticipated attendance. It should contain adequate sanitary facilities to accommodate the size of the group.

(d) Underage persons prohibited. No underage person as defined by the Wisconsin Statutes shall be allowed to assist in the sale of fermented malt beverages or wine at any point of sale, unless such person has an operator's license, nor shall underage persons be allowed to loiter or linger in the area of any point of sale.

(e) Licensed operator requirement. A licensed operator shall be stationed at all points of sales at all times.

(f) Waiver. The Village Board may waive or modify the requirements of this section due to the physical characteristics of the licensed site.

(g) Insurance. The applicant for a temporary fermented malt beverage or wine license may be required to indemnify, defend and hold the Village and its employees and agents harmless against all claims, death of any person or any damage to property caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform the conditions of the license, the applicant may be required to furnish a certificate of comprehensive general liability insurance to the Village of Belleville. The applicant may be required to furnish a performance bond prior to being granted the license.

(15) Revocation or suspension of license; abandonment of business.

(a) Procedure. Whenever the holder of any license under this article violates any portion of this ordinance, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.

(b) Abandonment of premises. Any licensee holding a license to sell alcohol beverages who abandons such business shall forfeit any right or preference he or she may have to the holding of or renewal of such license. Abandonment shall be sufficient grounds for revocation of any alcohol beverages license. The closing of the licensed premises for at least six (6) months shall be prima facie evidence of the abandonment, unless extended by the Village Board. All persons issued a license to sell alcohol beverages in the Village for which a quota exists limiting the number of such licenses that may be issued by the Village shall cause such business described in such license to be operated on the premises described in such license for at least one hundred fifty (150) days during the terms of such license, unless such license is issued for a term of less than one hundred eighty (180) days, in which event this subsection shall not apply.

(c) License revocation or suspension. License revocation or suspension procedures shall be as prescribed by Chapter 125, Wis. Stats.

(16) Nonalcoholic events for underage persons on licensed premises. The presence of underage persons on a licensed premises as provided under Section 125.07(3)(a)10, Wis. Stats., shall be subject to the following:

(a) The licensee or agent of a corporate licensee shall notify the Police Department at least forty-eight (48) hours in advance of the date of any event at which underage persons will be present on the licensed premises. Each such nonalcohol event notice shall specify the date(s) on which the event is to occur and the time(s) of commencement. All notices shall be filed with the Police Department during normal working hours (8:00 a.m. to 5:00 p.m., Monday through Friday) and shall be given on forms prescribed by the Village. After a nonalcohol event notice has been given, the licensee may cancel an event(s) only by giving like notice to the Police Department in accordance with the provisions of this subsection. Regardless of the date given, all notices shall expire and be deemed cancelled no later than the date of expiration or revocation of the applicable retail Class "B" or "Class B" license.

(b) During the period of any nonalcohol event, a notice card prescribed by the Police Department shall be posted at all public entrances to the licensed premises notifying the general public that no alcohol beverages may be consumed, sold or given away on or carried into the licensed premises during the event. Such notice cards shall be made available by the Village to a requesting licensee.

(c) Once a nonalcohol event has commenced, no alcohol beverages may be consumed, sold or given away on or carried into the licensed premises until the next day following the closing hours of the licensed premises.

(d) During the period of any nonalcohol event all alcohol beverages shall be stored in a locked portion of the licensed premises in a secure place out of the sight and physical reach of any patron present and shall be under the direct and immediate control and supervision of the licensee or a licensed bartender in the employ of the licensee. All beer taps and automatic dispensers of alcohol beverages ("speed guns") shall be either disconnected, disabled or made inoperable.

§ 10.02 Operator’s license.

(1) Operator's license required. Except as otherwise allowed by Wisconsin law, no person may serve alcoholic beverages in any place operated under an alcohol license or permit unless he or she has an operator's license or is at least eighteen (18) years of age and is under the immediate supervision of the licensee, permittee, agent, or a person holding an operator's license on the premises at the time of the service. For this section, any person holding a manager’s license under Section 125.18, Wis. Stats., or any member of the licensee’s or permittee’s immediate family who has attained the age of eighteen (18) shall be considered the holder of an operator’s license.

(2) Use by another prohibited.

(a) No person may allow another to use his or her license or permit to sell alcohol beverages.

1. The license or permit of a person who violates Section 10.02(2)(a) above shall be revoked.

(b) Procedure upon application.

1. If an applicant for an operator’s license satisfies all state and Village requirements to obtain an operator’s license, the Village Clerk may, except as specified under Section 10.02(b)3, issue an operator's license. An operator’s license may only be granted to persons eighteen (18) years of age or older and upon application in writing on forms to be obtained from the Village Clerk. Operator’s licenses shall be operative only within the limits of the Village.

2. All operator’s license applications are subject to an investigation by the Police Department and/or other appropriate authority to determine whether the applicant satisfies all applicable regulations, ordinances and laws. The investigating authority shall conduct an investigation of the applicant’s arrest or conviction record, which may include requesting information from the state, surrounding municipalities, and/or any community where the applicant has previously resided. Based upon such investigation, the investigating authority shall recommend, in writing, the approval or denial of the application. If the investigating authority recommends denial, the investigating authority shall provide, in writing, the reasons for such recommendation.

3. If the Police Department recommends denial of an operator license, the application shall be presented to the Village Board for consideration, and only the Village Board may approve or deny the application.

(3) Duration. Licenses issued under the provisions of this section shall be valid for a period of two (2) years and shall expire on the 30th day of June.

(4) Operator's license fee; provisional or temporary license.

(a) Fee. The fee for regular or provisional operator's license shall be as prescribed in the Village Fee Schedule for the term or part thereof.

(b) Provisional license. The Village Clerk may issue provisional operators' licenses in accordance with Section 125.17, Wis. Stats. The provisional operator's license shall expire sixty (60) days after its issuance or when an operator's license is issued to the holder, whichever is sooner. The Chief of Police shall submit to the Village Clerk a report regarding the applicant's conviction history, if any. The applicant for such provisional license must present evidence to the Village Clerk establishing that the applicant has completed or is enrolled in a responsible beverage server training course established pursuant to Section 125.17(6)(a), Wis. Stats. The Village Clerk may, upon receiving an application for a provisional license, issue such a license without requiring the successful completion of the approved course described herein. However, such provisional license shall only be valid pending successful completion of the approved course, and the applicant shall also apply for a regular operator's license. The Village Clerk shall provide an appropriate application form to be completed in full by the applicant. The Village Clerk may revoke the provisional license issued if the holder of the license made a false statement on the application. A provisional license shall not be renewed. A provisional license may not be issued to any person who:

1. Has been denied an operator's license by the Village Board; or,

2. Has had his/her operator’s license revoked or suspended within the preceding twelve (12) months.

(c) Temporary license. The Village Clerk may issue a temporary operator's license, provided that:

1. This license may be issued only to operators employed by, or donating their services to, nonprofit corporations.

2. No person may hold more than one (1) license of this kind per year.

3. The license is valid for any period from one (1) day to fourteen (14) days, and the period for which it is valid shall be stated on the license.

(5) Issuance or denial of operator's license.

(a) After the Village Clerk or Village Board approves an operator's license, the Village Clerk shall issue the license. Such licenses shall be issued and numbered in the order they are granted and shall give the applicant's name and address and the date of the expiration of such license.

(b) If the application is denied by the Village Board, the Village Clerk shall, in writing, inform the applicant of the denial, the reasons therefore, and of the opportunity to request a reconsideration of the application by the Village Board. The hearing may, at the request of the applicant, be held in a closed session. Such notice must be sent by registered mail to, or served upon, the applicant at least ten (10) days prior to the Board's reconsideration of the matter. At such reconsideration hearing, the applicant may present evidence and testimony as to why the license should be granted. If, upon reconsideration, the Board again denies the application, the Village Clerk shall notify the applicant in writing of the reasons therefor. If the Village Board denies an operator’s license based on the applicant’s conviction history, it shall state in writing its reasons for doing so, including a statement of how the circumstances of the offense relate to the particular licensed activity. Except for offenses specified in Wis. Stats. Section 111.335(3), the Village Board shall then allow the individual to show evidence of rehabilitation and fitness to engage in the sale of alcohol. If the individual shows competent evidence of sufficient rehabilitation and fitness to sell alcohol, the Village Board shall issue the operator’s license. An applicant who is denied any license upon reconsideration of the matter may apply to Circuit Court pursuant to Section 125.12(2)(d), Wis. Stats., for review.

(c) Consideration for the granting or denial of a license will be based on compliance with Chapter 125, Wis. Stats.

(d) The Village Board reserves the right to consider the severity and facts and circumstances of any offense when making the determination to grant, deny, or not renew a license.

(6) Training course.

(a) Except as provided in Section 10.02(6)(b), the Village Clerk or Village Board may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the Technical College System Board or a comparable training course, which may include computer-based training and testing, that is approved by the Department of Revenue or the Educational Approval Board or unless the applicant fulfills one of the following requirements:

1. The person is renewing an operator's license.

2. Within the past two (2) years, the person held a Class "A," Class "B," "Class A," "Class B" or "Class C" license or permit or a manager's or operator's license.

3. Within the past two (2) years, the person has completed such a training course.

(b) The Village Clerk may issue a provisional operator's license to a person who is enrolled in a training course under Section 10.02(6)(a).

(c) The Village Board may require applicants to purchase, at cost, materials that deal with relevant local subjects not covered in the course under Section 10.02(6)(a).

(7) Display of license. Each license issued under the provisions of this section shall be posted on the premises whenever the operator dispenses beverages or be in his possession, or the licensee shall carry a license card.

(8) Revocation or suspension of operator's license. Violation of any of the terms or provisions of state law or of this section relating to operators' licenses by any person holding such operator's license shall be cause for revocation or suspension of the license.

(9) Violations and penalties.

(a) Forfeitures for violations of Sections 125.07(1) to (4) and 125.09(2), Wis. Stats., adopted by reference in Section 10.01(1) of this ordinance, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.

(b) Any person who shall violate any provision of this article, except as otherwise provided in Section 10.02(9)(a), or who shall conduct any activity or make any sale for which a license is required without a license, shall be subject to a forfeiture as provided in Section 1.08 of this Code.

(c) Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.

§ 10.03 Outside consumption.

(1) Alcoholic beverages in public areas.

(a) Regulations. Except as provided in this section, it shall be unlawful for any person to sell, serve or give away, or offer to sell, serve or give away, any alcohol beverage upon any public street, sidewalk, alley, public park, public parking lot, highway, cemetery or drives or other public area within the Village of Belleville or on private property without the owner's consent, except at licensed premises. It shall be unlawful for any person to consume or have in his possession any open container containing alcohol beverages upon any public street, public sidewalk, public way, public alley, public park or public parking lot within the Village of Belleville.

(b) Private property held out for public use. It shall be unlawful for any person to consume any alcohol beverages upon any private property held open for public use within the Village unless the property is specifically named as being part of a licensed premises.

(c) Exceptions.

1. The provisions of this section may be waived by the Village Board for duly authorized events.

2. This section shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area pursuant to this Code, provided that the provisions of this Chapter are fully complied with.

3. A sidewalk café is exempt from this section if in compliance with the terms of an approved conditional use permit subject to section 16.052(20).

§ 10.04 Possession of alcoholic beverages on school grounds.

(1) Except as provided in Section 10.04(2), no person may possess or consume alcoholic beverages.

(a) On school premises; or

(b) In a motor vehicle located on school premises; or

(c) While participating in a school sponsored activity.

(2) Alcoholic beverages may be possessed and/or consumed on school premises, in motor vehicles on school premises, or by participants in school sponsored activities if specifically permitted in writing by the School District Superintendent consistent with applicable laws and ordinances.

§ 10.05 Cigarette licenses.

(1) License required. The Village hereby adopts by reference Sections 134.65 and 134.66, Wis. Stats. Applicable to the licensing of Cigarettes, Tobacco and Electronic Vaping Devices. No person, firm or corporation in the Village of Belleville shall, in any manner, directly or indirectly, upon any premises or by any device, sell, exchange, barter, dispose of or give away, or keep for sale, any cigarette, cigarette paper or cigarette wrappers, or any substitute therefore, without first obtaining a license as hereinafter provided.

(2) Application for license; fee. Every person, firm or corporation desiring a license under this section shall file with the Village Clerk a written application therefor, stating the name of the person and the place for which such license is desired. Each license shall be filed by the Village Clerk and shall name the licensee and the place wherein he or she is authorized to conduct such business, and the same shall not be delivered until the applicant shall pay to the Village Clerk a license fee as prescribed in the Village Fee Schedule.

(3) Issuance and term of license. Licenses for the sale, exchange, barter, disposition of, or giving away or keeping for sale of any cigarette, cigarette paper or cigarette wrappers or any substitute therefor shall be issued by the Village Clerk. Each license shall be issued on the 1st day of July in each year, or thereafter whenever applied for, and shall continue in force from the date of issuance until the succeeding June 30th, unless sooner revoked for any violation of this ordinance.

§ 10.06 Smoking.

(1) Adoption of statutory provisions. The provisions of Section 101.123, Wis. Stats., relating to the regulation of smoking and clean indoor air, except provisions therein relating to penalties to be imposed, are hereby adopted by reference and made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this section.

(2) Smoking prohibited. In recognition of a need to protect the health and comfort of the public and Village employees from the detrimental effects of smoking, pursuant to the authority granted to the Village by Section 101.123(4m), Wis. Stats., smoking as defined by Section 101.123(1)(h), Wis. Stats., is hereby prohibited by any person within or upon all buildings and enclosed equipment owned, leased or rented by the Village of Belleville, except in designated areas.

§ 10.07 Rabies vaccination required.

(1) Rabies vaccination. The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian at no later than five (5) months of age and revaccinated within one (1) year after the initial vaccination. If the owner obtains the dog or cat or brings the dog or cat into the Village of Belleville after the dog or cat has reached five (5) months of age, the owner shall have the dog or cat vaccinated against rabies within thirty (30) days after the dog or cat is brought into the Village, unless the dog or cat has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog or cat shall have the dog or cat revaccinated against rabies by a veterinarian before the date that immunization expires as stated on the certificate of vaccination or, if no date is specified, within three (3) years after the previous vaccination. The certificate of vaccination shall meet the requirements of Section 95.21(2), Wis. Stats.

(2) Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog or cat against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the Village stating the owner's name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog or cat, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, the date that the immunization expires as specified for that type of vaccine by the Centers for Disease Control of the United States Department of Health and Human Services and the Village.

(3) Copies of certificate. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date that the immunization expires or until the dog or cat is revaccinated, whichever occurs first.

(4) Rabies vaccination tag. After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and all contact information for the veterinarian.

(5) Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar or harness, and the collar or harness shall be kept on the dog or cat at all times. This requirement does not apply to a dog or cat during competition or training, to a dog while hunting, to a dog or cat securely confined indoors or to a dog or cat securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog or cat which is not required to be vaccinated under Section 10.07(1).

(6) Duplicate tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.

(7) Cost. The owner shall pay the cost of the rabies vaccination, and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.

§ 10.08 Rabies quarantine.

(1) Dogs and cats confined. If a district is quarantined for rabies, all dogs and cats within the Village shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The Village Clerk shall promptly post in at least three (3) public places in the Village notices of quarantine.

(2) Exemption of vaccinated dog or cat from village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Section 10.08(1) if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.

(3) Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.

(a) Quarantine or sacrifice of dog or cat. An officer or animal warden shall order a dog or cat quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.

(b) Sacrifice of other animals. An officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies.

(4) Quarantine of dog or cat.

(a) Delivery to isolation facility or quarantine on premises of owner. An officer or animal warden who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than twenty-four (24) hours after the original order is issued or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.

(b) Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least ten (10) days after the incident occurred. In this subsection, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.

(c) Risk to animal health.

1. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog or cat is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for one hundred and eighty (180) days. The owner shall have the animal vaccinated against rabies between one hundred and fifty-five (155) and one hundred and sixty-five (165) days after the exposure to a rabid animal.

2. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog or cat is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for sixty (60) days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.

(d) Destruction of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined, and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.

(5) Examination by laboratory of hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk of exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the Village, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.

(6) Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the Village, the Laboratory of Hygiene, the local health department, the officer involved and, if the animal is suspected of having bitten a person, the person's physician.

(7) Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for these expenses.

§ 10.09 Dog licenses.

(1) It shall be unlawful for any person in the Village of Belleville to own, harbor or keep any dog more than five (5) months of age without complying with the provisions of Sections 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.

(2) The owner of any dog more than five (5) months of age on January 1st of any year, or five (5) months of age within the license year, shall annually, or on or before the date the dog becomes five (5) months of age, pay a license tax and obtain a license.

(3) The minimum license tax under this section for spayed females or neutered males shall be as prescribed in the Village Fee Schedule. The minimum fee for unspayed or unneutered animals shall be as prescribed in the Village Fee Schedule. The license year shall commence January 1st and end December 31st.

(4) Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by Section 10.07 of this chapter, the Village Clerk shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.

(5) The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in Section 10.07(5).

(6) The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any law enforcement or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.

(7) Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from the Village Clerk upon application therefor.

(8) Late fees. The Village Clerk shall assess and collect a late fee as provided in the Village Fee Schedule from every owner of a dog or cat five (5) months of age or over if the owner failed to obtain a license prior to April 1st of each year, or within thirty (30) days of acquiring ownership of a licensable dog or cat, or if the owner failed to obtain a license on or before the dog or cat reached licensable age. Said late fee shall be charged in addition to the required license fee.

§ 10.10 Restrictions on keeping dogs and cats; vicious animals; running at large; liability of owner.

(1) Restrictions. It shall be unlawful for any person within the Village of Belleville to own, harbor or keep any dog or cat which:

(a) Habitually pursues any vehicle upon any public street, alley or highway in the Village.

(b) Assaults or attacks any person or destroys property.

(c) Is at large within the limits of the Village.

(d) Habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such a manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities.

(e) Kills, wounds or worries any domestic animal.

(f) Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.

(g) In the case of a dog, is unlicensed.

(2) Vicious dogs and animals.

(a) No vicious domesticated animal shall be allowed off the premises of its owner unless muzzled or on a leash in charge of the owner or a member of the owner's immediate family over sixteen (16) years of age. For purposes of enforcing this subsection, a domesticated animal shall be deemed as being of a vicious disposition if, within any twelve (12)-month period, it bites two (2) or more domesticated animals or persons or inflicts serious injury to one (1) domesticated animal or person in unprovoked circumstances on public or private property.

(b) No person shall harbor or permit to remain on his or her premises any animal that is habitually inclined toward attacking persons or domesticated animals, harbored for the purpose of dog fighting, destroying property, barking excessively, making excessive noises or running after automobiles, or brought from another city, village, town or county that has been declared dangerous or vicious by that jurisdiction.

(3) Animals running at large.

(a) No person having in his or her possession or ownership any animal shall allow the same to run at large within the Village. The owner of any animal, whether licensed or unlicensed, shall keep his or her animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large unlicensed and required by state law or Village ordinance to be licensed shall be seized and impounded by a humane or law enforcement officer or animal warden.

(b) A dog or cat shall not be considered to be running at large if it is on a leash and under control of a person physically able to control it when the animal is off of the owner's premises.

(4) Owner's liability for damage caused by dogs, penalties. The provisions of Section 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs, together with the penalties therein set forth, are hereby adopted and incorporated herein by reference.

(5) Police dog. No person shall knowingly resist, obstruct or interfere with any police dog while the dog is on duty in pursuit of its police duties. Any police dog shall be exempt from the provisions of the animal control ordinances and other Village ordinances, including quarantine periods after a bite or scratch, while on duty.

(6) State law adopted, subject to forfeiture. The provisions of Wisconsin Statutes Chapters 95, 173, 174 and 951, exclusive of any penalties, are adopted by reference and are made part of this chapter, so far as applicable.

§ 10.11 Limitation on number of dogs.

(1) Purpose. The keeping of a large number of dogs within the Village of Belleville for a considerable period of time detracts from and, in many instances, is detrimental to healthful and comfortable life in such areas. The keeping of a large number of dogs is, therefore, declared a public nuisance.

(2) Number limited. No residential unit in the Village of Belleville shall keep or harbor in its possession more than three (3) dogs. Exceptions are as follows:

(a) A litter of pups or a portion of a litter may be kept for not more than ten (10) weeks from birth.

(b) The owner of the residential unit has been issued a kennel license under Section 10.12 of this ordinance.

(3) Noncompliance penalty. A residential unit in violation of this section will have fifteen (15) days to come into compliance with this section once written notice is given by a Village official. Failure to comply after fifteen (15) days will result in a per-day fine set by Municipal Court Deposit Schedule.

§ 10.12 Kennels.

(1) Permit required. No person shall keep or operate a Kennel in the Village of Belleville without a license issued by the Village Clerk.

(a) Such license shall be issued for a one (1) year period of time.

(b) The application for a Kennel license shall include:

1. The name, address and telephone number of the applicant.

2. The number of animals to be housed in the kennel.

3. A description (breed, age and gender) and proof of current rabies vaccination for each animal to be housed in the kennel.

4. A statement as to whether the applicant has ever been convicted of any offense related to cruelty to animals.

5. Name and address of the Veterinarian for each animal.

6. A kennel plan demonstrating how animals will be cared for and neighborhood peace and repose protected. This plan will include evidence that:

a. The facility will be maintained in a hygienic state and will look and smell clean.

b. Sufficient ventilation and light will be provided for the number of animals kept.

c. A comfortable temperature will be maintained in the animal sleeping area.

d. An adequately sized indoor-outdoor run or an indoor run and a schedule for exercise for the animals’ health and well-being.

e. Resting boards and bedding are provided for each dog to rest off of any cement floors or ground.

f. Adequate control of unwanted breeding of animals.

g. Animals will be contained on the owner’s property.

(2) Location and kennel structure.

(a) Kennels or shelters and dog runs may not be located within five hundred feet (500’) of a pre-existing residence except that of the kennel owner.

(b) Dogs must be confined or under direct control of the kennel operator or staff at all times.

(c) Outdoor kennel areas shall be fenced. Fencing shall consist of durable materials, with a minimum height of six (6) feet and shall deter dogs from escaping over, under or through the fence.

(d) All-weather kennels or shelters and dog runs, or enclosed exercise areas shall be provided for all dogs and shall be adequately sized for the particular breed.

(e) The owner and/or operator of the kennel shall operate the kennel so as to not unreasonably disturb the peace and quiet of any person.

(3) Minimum standards. Notwithstanding any other provision in this ordinance, the owner must show that the following minimum standards are being met:

(a) Cages and runs.

1. Each kennel dog shall have sufficient space to stand up, lie down and turn around without touching the sides or top of any cage in which it may be enclosed.

2. Cages are to be of a material and construction that facilitates the cleaning and sanitizing thereof.

3. Cage floors of concrete shall have a resting board or other adequate bedding.

4. Runs shall be of sufficiently large size to provide an adequate exercise area and shall provide adequate weather protection.

(b) Buildings and enclosures of kennels.

1. All kennel buildings and enclosures shall provide adequate protection against weather extremes for each dog. The floors and walls of all such enclosures and buildings, and the runs, shall be of a surface material to permit proper cleaning and disinfecting. Building temperature shall be maintained at a temperature comfortable for each dog. Each such building and enclosure shall provide adequate ventilation for each dog and shall be kept clean, dry and in a sanitary condition.

2. Animals shall be maintained in quarters so as to prevent their escape.

(c) Feeding and health.

1. All kennel dogs shall be provided with sufficient food and have water available at all times. Both shall be free of contamination and shall be of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of each dog to ensure the proper health of each dog.

2. Adequate provisions shall be made to ensure daily exercise for each dog kept in a kennel.

3. Sick or diseased dogs in a kennel shall be properly cared for and isolated at all times from any healthy dog in the kennel so as to prevent the illness or disease from being transmitted to any other animal or individual. A sick dog shall not knowingly be sold in such condition.

4. No condition shall be maintained or permitted to exist that is knowingly injurious to the health of any dog.

(4) Absence of nuisances.

(a) The kennel does not produce disturbing effects on nearby residents by:

1. Loud and/or continuous noise.

2. Creation of offensive odors.

3. Constituting a threat to the safety of persons or domestic animals, including livestock.

4. Causing unsanitary health conditions, such as, but not limited to, the pollution of ground water run-off.

(5) No license shall be issued if the applicant withholds or falsifies any information on the application. A license will be revoked by the Village Clerk if any false information is discovered after the license is issued.

(6) No person previously convicted of cruelty to animals shall be issued a kennel license.

(7) Kennels are subject to inspection by a Code Enforcement Officer or Police Officer between the hours of 8:00 a.m. and 8:00 p.m. to determine compliance with the license. Any violation of the license that is found relating to the health and welfare of the dogs will result in the immediate suspension of the kennel license by the Village Clerk pending a hearing before the Plan Commission for a final determination on the license.

(8) The number of dogs to be allowed in a kennel shall be determined by the Plan Commission.

(9) Kennel licenses may be revoked by the Plan Commission after a complaint is filed with the Village Clerk and following a public hearing. Causes for revocation of a kennel license include but are not limited to:

(a) Violation of any local ordinance, federal or state law related to the keeping or care of the animals or property maintenance.

(b) Evidence of cruelty to animals.

(c) Evidence of animal neglect.

(d) Any dog attacking or biting a human being or other animal.

(e) Destruction of property not owned by the license holder by a dog.

(f) Disturbance of the peace by one (1) or more dogs.

(g) Evidence of training or harboring fighting dogs.

(10) The Village Board shall, from time to time, establish an application fee for kennels reasonably related to the cost of license issuance and supervision. In addition to the application fee, each dog is required to be licensed in accordance with Section 10.09.

(11) In lieu of licensing specific dogs, kennel operators may obtain tags transferable from one (1) dog to another in accordance with Section 174.053, Wis. Stats.

(12) Compliance required. No owner of a kennel shall fail to comply with any of the minimum standards set forth in this Ordinance.

(13) No person shall establish or maintain a kennel in the Village otherwise than in compliance with the provisions of this Ordinance.

§ 10.13 Animal control agency; seizure and impounding of animals.

(1) Animal control agency.

(a) The Village of Belleville may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impounded animals and for assisting in the administration of rabies vaccination programs.

(b) The Village of Belleville does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.

(2) Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, a law enforcement or animal control officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this Village, assaults or attacks any person, is at large within the Village, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. For an animal to be impounded, the impounding officer must see or hear the violation of this chapter or have in his or her possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the Village for any damages it sustains for improper or illegal seizure.

(3) Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a law enforcement or animal control officer, the animal shall be impounded. The officer shall notify the owner, personally or through the United States mail, if such owner is known to the officer or can be ascertained with reasonable effort, but if such owner is unknown or unascertainable, the officer shall post written notice in three (3) public places in the Village giving a description of the animal and stating where it is impounded and the conditions for its release, after the officer or warden has taken such animal into his or her possession. If within seven (7) days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner, provided that, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for ten (10) days for observation purposes. Within such time, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Village Board. No animal shall be released from the pound without being properly licensed if so required by state law or Village ordinance.

(4) Sale of impounded animals. If the owner does not reclaim the animal within seven (7) days, the animal control officer may sell the animal to any willing buyer.

(5) Village not liable for impounded animals. The Village and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.

§ 10.14 Duty of owner in case of dog or cat bite.

Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to the Village Police Department and shall keep such dog or cat confined for not less than ten (10) days or for such period of time as directed. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement or humane officer upon demand for examination.

(1) All incidents occurring in the Village in which any animal bites or scratches a person or another animal, or is suspected of such, shall immediately be reported to the Police Department by any person having knowledge of such incident. If the bite or scratch is caused by an animal for which there is no rabies vaccine or known quarantine, the animal, at the discretion of the Police Department or Health Officer, may be euthanized and analyzed for rabies with all expenses incurred being the responsibility of the owner.

(2) If any dog or cat for which the owner holds a current rabies certificate is involved in a bite or scratch incident, the owner shall quarantine and confine the animal under the supervision of a licensed veterinarian for at least ten (10) days from the date of the incident. The animal shall not be allowed to come in contact with other animals or humans during the period of confinement. Supervision of a veterinarian includes, at a minimum, examination of the animal on the first day, on the tenth day, and on one (1) intervening day.

(3) Any dog or cat involved in a bite or scratch incident that has not been vaccinated or has not been revaccinated within the prescribed times must be confined at a veterinary hospital or a place designated by the Village Health Officer or the Police Department.

(4) The owner of any dog, cat, or ferret involved in a bite or scratch incident is responsible for any expenses incurred.

§ 10.15 Animal feces.

(1) Removal of fecal matter. No person owning or having control of any animals shall appear with such animal on any sidewalk, street, park or other public area or on any private property neither owned nor occupied by said person without the means of removal of any feces left by the animal.

(2) Accumulation of fecal matter prohibited on private yards. The owner or person in charge of animals must also prevent accumulation of animal waste on his or her own property by regularly patrolling and properly disposing of the fecal matter.

(3) Exception. This section shall not apply to:

(a) A person being assisted by a Seeing Eye dog.

(b) A property in agricultural zoning.

§ 10.16 Injury to property by animals.

It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat to go upon any parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flowerbed, plant, shrub, tree or garden in any manner whatsoever or to defecate thereon.

§ 10.17 Wild animals, reptiles and insects; farm animals.

(1) Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal, insect or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her control within the Village any of the following animals, reptiles or insects:

(a) All poisonous animals and reptiles, including rear-fang snakes.

(b) Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo) and siamangs (Symphalangus).

(c) Baboons (Papoi, Mandrillus).

(d) Bears (Ursidae).

(e) Bison (Bison).

(f) Cheetahs (Acinonyx jubatus).

(g) Crocodilians (Crocodilia), thirty (30) inches in length or more.

(h) Constrictor snakes.

(i) Coyotes (Canis latrans).

(j) Deer (Cervidae), including all members of the deer family; for example, white-tailed deer, elk, antelope and moose.

(k) Elephants (Elephas and Loxodonta).

(l) Game cocks and other fighting birds.

(m) Hippopotami (Hippopotamidae).

(n) Hyenas (Hyaenidae).

(o) Jaguars (Panthera onca).

(p) Leopards (Panthera pardus).

(q) Lions (Panthera leo).

(r) Lynxes (Lynx).

(s) Monkeys, old world (Cercopithecidae).

(t) Ostriches (Struthio).

(u) Pumas (Felis concolor), also known as cougars, mountain lions and panthers.

(v) Rhinoceroses (Rhinocerotidae).

(w) Sharks (Chondrichthyes).

(x) Snow leopards (Panthera uncia).

(y) Tigers (Panthera tigris).

(z) Wolves (Canis lupus).

(aa) Poisonous insects.

(2) Exceptions; pet shops. The prohibitions of Section 10.17(1) shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private education institutions; licensed pet shops; or zoological gardens, if:

(a) Their location conforms to the provisions of Chapter 16, Zoning Code, of this Code.

(b) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

(c) Animals are maintained in quarters so constructed as to prevent their escape.

(d) No person lives or resides within one hundred (100) feet of the quarters in which the animals are kept.

(3) Farm animals. Except on lands zoned for agricultural use according to Section 16.021(2)(a) and (b), no person shall harbor, raise or keep in any zoning district any pigeons, or fowl, or any animal raised for fur-bearing purposes, or any livestock, including but not limited to cattle, horses, sheep, goats, pigs or swine, whether such animal is domesticated, tamed or a pet.

§ 10.18 Keeping of chickens.

(1) License required. No chickens may be kept in the Village without a license issued pursuant to this section.

(2) License application requirements. Only residents of single-family dwellings located within the Village may apply.

(3) Obtaining a license.

(a) Application for a permit to keep chickens must be submitted to the Village Clerk.

(b) Application for a building permit to construct a chicken coop must be submitted to the Building Inspector.

(c) Applications must include a location sketch, drawn to scale, of the coop, run, and fencing showing property lines and nearby structures and design information for the coop. The applicant must pay a license application fee with this application in accordance with the Village's fee schedule.

(d) The Village Clerk and/or Building Inspector will review the application(s) and accompanying documents to ensure compliance with Village ordinances.

(e) Building Inspector shall deny those applications for the construction of a chicken coop which are submitted and do not conform to Village Building Code.

(f) Upon approval of the application to construct a chicken coop by the Building Inspector, and the approval of the permit to keep chickens by the Village Clerk, the Village Clerk shall issue a license to the applicant.

(4) License duration and fees.

(a) An applicant must pay a license application fee when submitting a license application. The Village Board shall determine the application fee by resolution.

(b) Licenses are for a one (1)-year term beginning January 1st of each year unless revoked according to the penalties enumerated in this section.

(c) A license holder must pay a license renewal fee annually. This fee will not be prorated for any portion of a year. The Village Board shall determine the renewal fee by resolution.

(5) Renewing a license. All licenses must be renewed on an annual basis prior to January 1st of each year.

(a) Renewal process. Renewals shall be processed by the Village Clerk's Office once the annual permit fee has been submitted.

(b) Licenses not renewed by April 1st will be assessed a late fee, to be determined by resolution of the Village Board. A permit holder may be considered to be in violation of this section by maintaining chickens without a license.

(6) Standards.

(a) Chickens allowed. License holders may keep female chickens (hens) at their place of residence, provided they comply with all requirements of this section.

(b) Roosters not allowed. The keeping of male chickens (roosters) is not allowed within the Village limits of Belleville.

(c) Required zoning. Chickens may only be kept in properties where the keeping of chickens is a permitted use according to Section 16.052(4) of the Zoning Code.

(d) Maximum number of hens. The maximum number of hens depends on the lot size:

1. For lots under one-half (1/2) an acre, there may be up to six (6) hens.

2. For lots under one (1) acre and over one-half (1/2) an acre, there may be up to seven (7) hens.

3. For lots over one (1) acre, there may be up to ten (10) hens per acre of land.

(e) No slaughtering. The slaughtering of chickens is not allowed within the Village limits of Belleville, except on properties zoned and approved for such use.

(f) Bird fighting. Raising or keeping of hens for fighting and the fighting of hens and other fowl is not allowed within the Village of Belleville as per Section 951.08, Wis. Stats.

(g) Chicken feed. All chicken feed must be kept in airtight containers that are out of reach from wild animals.

(h) Chicken coops. Hens must be provided with a building structure to house them, which complies with the accessory structure requirements of Section 16.052(4), and conforms to the following rules:

1. Hens must be provided at least four (4) square feet of floor space each.

2. A coop must have minimum dimensions of two (2) feet long by two (2) feet wide by four (4) feet tall.

3. There must be at least one (1) nesting box per two (2) hens.

4. Coops must include elevated perches to ensure chickens are able to rest in their natural position.

5. Coops must be structurally sound, moisture proof and kept in good repair in accordance with accepted construction standards for accessory structures.

6. Coops must have proper ventilation during all times of the year.

7. There must be a minimum of two (2) feet of window for each ten (10) linear feet of wall space.

8. Coops must be cleaned daily, and the waste must be properly disposed of according to Village Code Section 10.15 Animal feces, or properly composted.

9. The temperature of the coop may not fall below forty degrees (40º F). Heating lamps or other technology may be used to keep the coop at the proper temperature of no less than forty (40º F).

10. Water must not be frozen.

11. Coops must provide access to the chicken run.

12. No coop shall be located closer than twenty (20) feet to an adjacent lot line. Coops must be located in the rear yard of the property or non-address side yard on corner lots.

13. The property owner is responsible for ensuring that activities on the property related to the keeping of chickens do not violate other Village ordinances, to include those regarding public nuisances (Chapter 19), odor (Section 16.089), and noise (Section 19.026).

(i) Chicken runs. The chickens must be provided with an outdoor fenced structure in which to run around in accordance with the following regulations.

1. Hens must be provided with at least four (4) square feet of space each in the run.

2. The minimum dimensions are two (2) feet wide by two (2) feet long by three (3) feet tall.

3. The fencing must have spacing of no more than one (1) inch.

4. The top of the run must be covered with fencing with spacing of one (1) inch or less.

5. The fencing should be buried at least one (1) foot under the ground if the run is not mobile.

6. No run shall be located closer than twenty (20) feet to an adjacent lot line. Runs must be located in the rear yard of the property or non-address side yard on corner lots.

(7) General care requirements. Chickens must be properly cared for as follows.

(a) Food must be provided daily and must be proper for chickens in accordance with Section 951.13(1), Wis. Stats.

(b) Clean water must be provided at all times and changed daily in accordance with Section 951.13(2), Wis. Stats.

(8) Penalties. The keeping of chickens in the Village by any person not in compliance with this section is prohibited. Violations shall be subject to the penalties set forth in Section 1.08 of the Village Code of Ordinances.

§ 10.19 Honeybees.

The keeping of honeybees within the boundaries of the Village of Belleville, for personal enjoyment, honey, pollination, and other uses will be permitted in accordance with the restrictions outlined herein. (If you live in a neighborhood that has residential covenants that conflict with this ordinance, the neighborhood covenant shall supersede this ordinance.)

(1) Standards.

(a) All hives shall be kept in the rear yard of the property, behind the rear line of the residence.

(b) Bee hives are only allowable within Single-Family residential and Agriculturally Zoned Districts.

(c) Bee hives shall be set back a minimum of twenty (20) feet from all property lines, as measured from the nearest point of the hive to the property line.

(d) No more than two (2) hives are permitted on a lot under one (1) acre. There are no restrictions on the number of hives over one (1) acre. Swarming is a natural condition of beehives in the propagation of the species. Beekeepers will be allowed to hive a swarm on their property, to temporarily add a third hive. This hive will be moved to another location in a reasonable amount of time.

(e) Hive entrances shall be pointed generally away from adjoining property lines.

(f) Hives shall be maintained using generally accepted beekeeping practices.

(2) Complaints.

(a) Complaints regarding the keeping of bees are to be directed to the Village Clerk. Upon inspection of the complaint by the Zoning Administrator, should the beekeeper be found in violation of the provisions of this ordinance or standard beekeeping practices, the beekeeper should rectify the issues identified in an amount of time determined by the Zoning Administrator.

(b) Failure to comply may result in involvement by the Village of Belleville Police Department and be treated as a public nuisance.

§ 10.20 Trapping of animals.

(1) In the interest of public health and safety, it shall be unlawful for any person in or on Village-owned land within the Village of Belleville to set, place or tend any trap for the purpose of trapping, killing, catching, wounding, worrying or molesting any animal, except by use of live box-type traps only. Live box-type traps shall be defined as those traps which capture and hold an animal in an alive and unharmed condition.

(2) This section shall prohibit the use of all traps other than live traps as described above, including but not limited to traps commonly known as "leg traps," pan-type traps or other traps designed to kill, wound or close upon a portion of the body of an animal.

(3) All such traps set, placed or tended shall comply with Chapter 29, Wis. Stats., as it relates to trapping.

(4) This section shall not apply to trapping on private property.

(5) Nothing in this section shall prohibit or hinder the Village of Belleville or its employees or agents from performing their official duties.

(6) Trapping is allowed according to state regulations on lands acquired using the State of Wisconsin Knowles-Nelson Stewardship Program Funds.

§ 10.21 Neglected, abandoned or injured animals.

(1) Neglected or abandoned animals.

(a) No person may abandon any animal.

(b) Any law enforcement or animal control officer may remove, shelter and care for an animal found to be cruelly exposed to the weather, starved or denied adequate water, neglected, abandoned or otherwise treated in a cruel manner and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases the owner, if known, shall be immediately notified and such officer, or other person having possession of the animal, shall have a lien thereon for its care, keeping and medical attention and the expense of notice.

(c) If the owner or custodian is unknown and cannot, with reasonable effort, be ascertained or does not, within five (5) days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such.

(d) Whenever, in the opinion of any such officer, an animal is hopelessly injured or diseased to be beyond the probability of recovery, it shall be lawful for such officer to kill such animal, and the owner thereof shall not recover damages for the killing of such animal unless he shall prove that such killing was unwarranted.

(e) Wisconsin Statutes Section 173.10, Investigation of cruelty complaints, and Wisconsin Statutes Section 173.24, Reimbursement for expenses, are hereby adopted by reference and made a part of this chapter.

(2) Injured animals. No person who owns, harbors or keeps any animal shall fail to provide proper medical attention to such animal when and if such animal becomes sick or injured. In the event that the owner of such animal cannot be located, the Village or any animal control agency with which the Village has an agreement, or contract shall have the authority to take custody of such animal for the purpose of providing medical treatment, and the owner thereof shall reimburse the person or organization for the costs of such treatment.

(3) Acts of cruelty. No person except a law enforcement or animal control officer in the pursuit of his or her duties shall, within the Village, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nest or bird's eggs.

§ 10.22 Transient merchants.

It shall be unlawful for any transient merchant to engage in direct sales within the Village of Belleville without being registered for that purpose as provided herein.

(1) 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 Wisconsin 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 such merchant within this county and who delivers such merchandise in his 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, said person.

(f) Any person who has had, or one who represents a company which has had, a prior business transaction, such as 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 said organization, provided that there is submitted to the Village Clerk proof that such charitable organization is registered under Section 440.42, Wis. Stats. Any charitable organization engaging in the sale of merchandise and not registered under Section 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 Village Clerk that such person is a transient merchant, provided that there is submitted to the Village Clerk proof that such person has leased for at least one (1) year, or purchased, the premises from which he/she is conducting business or proof that such person has conducted such business in this Village for at least one (1) year prior to the date complaint was made.

(k) Any individual licensed by an examining board as defined in Section 15.01(7), Wis. Stats.

(l) Minors under eighteen (18) years of age who are residents of the Village.

(m) This ordinance does not apply to transient merchants while doing business at special events authorized by the Village Board pursuant to Section 10.26 of this Chapter.

(2) Registration procedure and information. Applicants for registration must complete and return to the Village Clerk a registration form furnished by the Village Clerk which shall require the following information:

(a) Name, permanent address, telephone number, temporary address (if any), and email address.

(b) Height, weight, color of hair and eyes, and date of birth.

(c) Name, address, telephone number, email address and website of the person, firm, association or corporation that the transient merchant represents or is employed by or whose merchandise is being sold.

(d) Temporary address, telephone number, and email address from which business will be conducted, if any.

(e) Nature of business to be conducted and a brief description of the merchandise offered, and any services offered.

(f) Proposed method of delivery of merchandise, if applicable.

(g) Make, model and license number of any vehicle to be used by the applicant in the conduct of his/her business.

(h) Last cities, villages, and towns, not to exceed three (3), where the applicant conducted similar business just prior to making this registration.

(i) Place where the applicant can be contacted for at least seven (7) days after leaving this Village.

(j) 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 (5) years, the nature of the offense and the place of conviction.

(3) Identification and certification. Applicants shall present to the Village Clerk for examination:

(a) A driver's license or some other proof of identity as may be reasonably required.

(b) 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.

(c) 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 to state that the applicant is apparently free from any contagious or infectious disease, dated not more than ninety (90) days prior to the date the application for license is made.

(d) A valid Wisconsin Contractor License number for verification with the Department of Safety and Professional Services (if applicable).

(4) Registration fee.

(a) At the time of filing applications, an application processing fee as prescribed in the Village Fee Schedule shall be paid to the Village Clerk to cover the cost of investigation of the facts stated in the application and for processing said registration. Every member of a group must file a separate registration form.

(b) The applicant shall sign a statement appointing the Village Clerk his/her 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 that the applicant cannot, after reasonable effort, be served personally.

(c) Every applicant shall pay a daily registration fee as prescribed in the Village Fee Schedule.

(d) Upon payment of said fees and the signing of said statement, the Village Clerk shall register the applicant as a transient merchant and date the entry. Said registration shall be valid for a period of one (1) year from the date of entry, subject to subsequent refusal as provided in Section 10.22(5).

(5) Investigation.

(a) Upon receipt of each application, the Village Clerk shall refer it immediately to the Police Department for an investigation of the statements made in such registration, said investigation to be completed within five (5) days from the time of referral.

(b) The Village Clerk shall refuse to register the applicant and issue a permit 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 last cities, villages and towns, not exceeding three (3), in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation or ordinance violation within the last five (5) 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 Section 10.22(4)(b).

(6) Appeals. Any person 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 Sections 68.07 through 68.16, Wis. Stats.

(7) Prohibited practices.

(a) A transient merchant shall be prohibited from calling at any dwelling or other place between the hours of 9:00 p.m. and 8:00 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.

(b) A transient merchant shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any merchandise offered for sale, the purpose of his/her visit, his/her identity or the identity of the organization he/she represents. A charitable organization transient merchant shall specifically disclose what portion of the sale price of merchandise being offered will be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the merchandise.

(c) 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.

(d) No transient merchant shall make any loud noises or use any sound-amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one hundred (100)-foot radius of the source.

(e) No transient merchant shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business.

(8) Disclosure requirements.

(a) After the initial greeting and before any other statement is made to a prospective customer, a transient merchant shall expressly disclose his/her name, the name of the company or organization he/she is affiliated with, if any, and the identity of merchandise or services he/she offers to sell.

(b) If any sale of merchandise is made by a transient merchant or any sales order for the later delivery of merchandise is taken by the seller, the buyer shall have the right to cancel said transaction if it involves the extension of credit or is a cash transaction of more than twenty-five dollars ($25.00), in accordance with the procedure as set forth in Section 423.203, Wis. Stats. The seller shall give the buyer two (2) copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of Section 423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.

(c) If the transient merchant takes a sales order for the later delivery of merchandise, he/she 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.

(9) Records. The Police Department shall report to the Village Clerk all convictions for violations of this section and the Village Clerk shall note any such violation on the record of the registrant convicted.

(10) 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 statement in the application for registration, made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in direct sales, violated any provision of this ordinance or was convicted of any crime or ordinance or statutory violation which is directly related to the registrant's fitness to engage in direct selling.

(b) Written notice of the hearing shall be served personally or pursuant to Section 10.22(4)(b) on the registrant at least seventy-two (72) hours prior to the time set for the hearing. Such notice shall contain the time and place of hearing and a statement of the acts upon which the hearing will be based.

§ 10.23 Adult oriented establishments.

(1) Purpose and intent. The purpose of this section is to promote and protect the comfort, health, safety, and general welfare of the citizens of the Village of Belleville. It is the interest of the Village of Belleville to regulate the secondary effects of adult entertainment such as increased criminal activity, prostitution, urban blight, neighborhood deterioration, lowering of adjacent property values, and loss of retail establishments. The Village Board is familiar with similar municipalities which have chosen to regulate such secondary effects of adult oriented establishments. The intent of this ordinance is to restrict harmful secondary effects associated with adult entertainment establishments rather than to prohibit artistic expression.

(2) License required.

(a) No adult-oriented establishment shall be operated or maintained in the Village without having procured a license as provided in this ordinance and having further complied with all statutes, ordinances and regulations of the state, county and Village applicable thereto.

(b) Pursuant to Section 125.10(1), Wis. Stats., no intoxicating liquor or fermented malt beverage may be sold, purchased, served or consumed on the premises of the adult oriented establishment.

(c) A license may be issued only for one (1) adult-oriented establishment located at a fixed and certain place. Any person who desires to operate more than one (1) adult-oriented establishment must have a license for each.

(d) No license or interest in a license may be transferred to any person.

(3) Application for license.

(a) Any person desiring to secure a license shall make application to the Village Clerk.

(b) The application for a license shall be upon a form provided by the Village Clerk. An applicant for a license interested directly in the ownership or operation of the business shall furnish the following information under oath:

1. Name, address, telephone number, and email address including all aliases.

2. Written proof that the individual is at least eighteen (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, the date and state of incorporation, the name and address of the registered agent, the name and address of all shareholders owning more than five percent (5%) of the stock in such corporation and all officers and directors of the corporation.

5. Applications shall be signed and sworn to by the applicant as provided by Section 887.01, Wis. Stats.

6. Applicants must provide a copy of their Seller's Permit, along with their application, as proof that they are in good standing for sales tax purposes before they may be issued a license.

7. Any false statement contained in such application shall automatically nullify any license pursuant thereto.

8. If any fact given in an application subsequently changes, the licensee shall file a notice in writing of such change with the Village Clerk within ten (10) days.

9. Status of the applicant, whether natural person, corporation, partnership, or other form of organization.

10. The legal description of the premises to be licensed, along with a floor plan of the premises. The floor plan of the premises shall detail all internal operations and activities, including a statement of the total floor space occupied by the business. The floor plan must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

11. If the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used.

12. The street addresses at which the applicant has lived during the preceding two (2) years.

13. The type, name and location of every business or occupation in which the applicant has been engaged during the preceding two (2) years and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the preceding two (2) years.

14. Whether the applicant has ever been convicted or is currently charged with a violation of a felony, crime or violation of any ordinance if the circumstances of the charge or conviction substantially relate to the operation of an adult oriented establishment. If so, the applicant shall furnish information as to the time, place and offense for each conviction.

(4) License review procedure.

(a) The Chief of Police shall make an investigation of the applicant to determine whether the applicant possessed the qualifications necessary for issuance of a license under this ordinance within thirty (30) days of receiving an application.

(b) The Fire Chief and Building Inspector shall inspect the premises proposed to be licensed to determine whether such premises conforms to this ordinance and with the ordinances of the Village and the laws of the state and any administrative regulations which are applicable which have been issued by the state or any agency of the state within thirty (30) days of receiving an application.

(c) Each of the above officers shall file written reports to the Village Clerk. If any such report is unfavorable, within fourteen (14) days of receiving said report, a copy thereof shall be mailed to the applicant together with a notice of the next regularly scheduled Village Board meeting.

(d) Each application shall be referred by the Village Clerk to the Village Board which shall make such additional investigation as to the advisability of granting such license as may be necessary or desirable. The Village Board shall grant or deny of the license within sixty (60) days of receiving an application.

(e) Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his refusal or failure to appear at any reasonable time and place for examination under oath regarding such application, or his/her refusal to admit to or cooperate with any investigation required by this ordinance, shall constitute an admission by the applicant that he/she is ineligible for such license and shall be grounds for denial thereof by the Village Board.

(f) Whenever an application is denied, the Village Clerk shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten (10) days of receipt of notification of denial, a public hearing shall be held before the next regularly scheduled Village Board meeting as hereinafter provided.

(5) Standards for issuance of license. To receive a license to operate an adult oriented establishment, an applicant must meet the following standards:

(a) If the applicant is an individual:

1. The applicant shall be at least eighteen (18) years of age.

2. The applicant shall not have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application.

3. The applicant has not been convicted of an offense, and is not currently charged with an offense, substantially related to adult oriented establishments.

(b) If the applicant is a corporation:

1. All officers, directors and stockholders required to be named under Section 10.23(3)(b) shall be at least eighteen (18) years of age.

2. No officer, director or stockholder required to be named under Section 10.23(3)(b) shall have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application.

3. The applicant has not been convicted of an offense, and is not currently charged with an offense, substantially related to adult oriented establishments.

(c) If the applicant is a partnership, joint venture or any other type of organization where two (2) or more persons have a financial interest, all persons having a financial interest in the partnership, joint venture or other type of organization shall be at least eighteen (18) years of age.

(d) Satisfies the appropriate provisions of the Village Zoning Code.

(6) Display of license or permit. The license shall be displayed in a conspicuous public place in the adult establishment.

(7) Renewal of license or permit.

(a) Every license issued pursuant to this section will terminate at the expiration of one (1) year from the date of issuance unless sooner revoked and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the Village Clerk. The application for renewal must be filed no later than sixty (60) days before the license expires. The application for renewal shall follow the same procedure as an original application.

(b) The issuing authority shall issue a renewal license unless one (1) or more of the following conditions exist:

1. The applicant is a minor at the time the application is submitted.

2. The applicant submitted false or misleading information or date on any application or material facts were omitted from any application.

3. The adult oriented establishment in the immediately preceding license year was found to have violated the license restrictions described in this section.

4. The adult oriented establishment does not satisfy the zoning requirements in Chapter 16 of the Village of Belleville Code of Ordinances.

5. The premises licensed as an adult oriented establishment is currently operating as a tanning facility, tattoo establishment or therapeutic massage enterprise.

6. The applicant has ever been convicted of a felony, crime or violation of any ordinance other than a misdemeanor traffic ordinance.

7. The applicant has allowed intoxicating liquor or cereal malt beverage to be sold, purchased, served or consumed on the premises of the adult oriented establishment.

8. The applicant has had an adult oriented establishment license revoked within a one (1) year period immediately preceding the date the application was submitted.

(8) Revocation of license.

(a) The Village 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 ordinance or any rule of regulation adopted by the Village Board pursuant to this ordinance 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 thirty (30) days if the Village 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 ordinance is not paid.

5. Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult oriented establishment.

6. The adult oriented establishment does not satisfy the zoning requirements in Chapter 16 of the Village of Belleville Code of Ordinances.

7. The premises licensed as an adult oriented establishment also operates as a tanning facility, tattoo establishment or therapeutic massage enterprise.

8. The applicant has ever been convicted of a felony, crime or violation of any ordinance other than a misdemeanor traffic ordinance, the circumstances of which substantially relate to the operation of an adult oriented establishment.

9. The applicant has allowed intoxicating liquor or cereal malt beverage to be sold, purchased, served or consumed on the premises of the adult oriented establishment.

10. The applicant has had an adult oriented establishment license revoked within a one (1) year period immediately preceding the date the application was submitted.

(b) The Village Board before revoking or suspending any license or permit shall give the operator at least ten (10) days' written notice of the charges against him and the opportunity for a public hearing before the Village Board as hereinafter provided.

(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 (1) year from the date or revocation. No location or premises for which a license has been issued shall be used as an adult oriented establishment for six (6) months from the date of revocation of the license.

(9) Physical layout of adult oriented establishments. 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 and cubicles and any non-public areas by a wall.

2. Have at least one (1) side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same.

3. All walls shall be solid and without any openings, extended from the floor to a height of not less than six (6) feet and be light colored, nonabsorbent, smooth textured and easily cleanable.

4. The floor must be light colored, nonabsorbent, smooth textured and easily cleanable.

5. The lighting level of each booth, room or cubicle, when not in use, shall always be a minimum of ten (10) footcandles as measured from the floor.

(c) Occupants. Only one (1) 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 the operator.

(a) The operator shall maintain a register of all employees, agents, and independent contractors whether or not the contract for employment is in writing, showing the name and aliases used by the employee, home address, age, birth date, sex, height, weight, color of hair and eyes, phone numbers, Social Security number, including a photo of the employee, date of employment and termination and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of three (3) years following termination.

(b) The operator shall make the register of employees, agent, and independent contractors, whether or not the contract for employment is in writing, available immediately for inspection by police upon demand of a member of the Village Police Department at all reasonable times.

(c) Every act or omission by an employee, agents, and independent contractors, whether or not the contract for employment is in writing, constituting a violation of the provisions of this ordinance 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.

(d) No employee, agent, and independent contractors, whether or not the contract for employment is in writing, of an adult oriented establishment shall allow any minor to loiter around or to frequent an adult oriented establishment or to allow any minor to view adult entertainment as defined herein.

(e) The operator shall maintain the premises in a clean and sanitary manner at all times.

(f) The operator shall maintain at least ten (10) 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 (1) footcandle of illumination in such aisles as measured from the floor.

(g) The operator shall insure compliance of the establishment and its patrons with the provisions of this ordinance.

(h) All employees of the establishment are to be at least eighteen (18) years of age.

(i) The licensee under this ordinance shall be responsible for the conduct of the business being operated and shall not allow any illegal activity to take place on the licensed premises, including but not limited to prostitution, public indecency, indecent exposure, disorderly conduct or the sale or use of illegal drugs.

(j) All performers, dancers and persons providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified anatomical areas" or "specified device, costume or covering" or "specified sexual activities" as defined herein in the licensed facility where such entertainment can be seen by patrons of the licensed facility shall remain at all times a minimum distance of ten (10) feet from all patrons, customers or spectators and shall dance or provide entertainment on a platform intended for that purpose, which shall be raised at least two (2) feet from the level of the floor on which patrons or spectators are located.

(k) No patrons or spectators of the licensed facility shall directly pay or give any gratuity to any dancer or performer, and no dancer or performer shall solicit any pay or gratuity from any patron or spectator.

(11) Administrative procedure and review. Chapter 68, Wis. Stats., 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 Chapter 115, Wis. Stats., located within the Village are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.

(13) Enforcement. The Village Police, Fire and Building Inspection Departments shall have the authority to enter any adult oriented establishment at all reasonable times to inspect the premises and enforce this ordinance.

§ 10.24 Amusement devices.

No person, firm, or corporation shall operate or place or keep or have in his or her possession any amusement device, as herein defined, without having obtained and posted on the premises, in plain view, a license to operate such a device. Application shall be made to the Village Clerk on a form provided by such officer, which form shall state the applicant's name, trade name of business, and location of proposed amusement device. The annual amusement device license fee shall be as determined in the Village Fee Schedule.

(1) Amusement parlor license.

(a) License required. No person, firm, or corporation shall operate or keep an amusement parlor, as defined herein, without having obtained and posted on the premises, in plain view, a license to operate such parlor. Application shall be made to the Village Clerk on the form provided by such office, accompanied by an application fee as determined in the Village Fee Schedule, which shall cover the cost of processing the application and shall be nonrefundable.

(b) The application shall set forth the following information:

1. The name and address of the applicant or, if a partnership, the names and addresses of all the partners or, if a corporation, the names and addresses of the principal officers and registered agent thereof, and the name and address of the person who will supervise the game room.

2. The names and addresses of the owners of the amusement devices to be located on the licensed premises, if such owners are different from that of the applicant. If the owners of the amusement devices are a partnership, the names and addresses of all the partners or, if a corporation, the names and addresses of the principal officers and registered agent thereof shall be provided.

3. A building plan of the premises to be licensed specifically describing and otherwise showing all dimensions, indicating the intended division of floor space, exits and entrances, the areas to be used for amusement devices, and the common aisles.

4. A site plan of the premises to be licensed which shall include the proposed landscaping for the subject premises and all the improvements, parking and driveway areas, and landscaping located on property adjacent to and within twenty (20) feet of the property lines of the premises to be licensed.

5. If the applicant operates other game rooms in other areas, the names and addresses of such other licensed establishments.

(c) Such application shall also contain such additional information as the Village deems necessary to assist it in determining the qualifications of the applicant for such license.

(2) Public hearing. The application shall be forwarded to the Village Board which shall hold a public hearing prior to the granting or denial of any amusement parlor license. In reviewing each application, the Village Board shall find that:

(a) The establishment, maintenance, or operation of an amusement parlor at the location requested will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

(b) The proposed amusement parlor will not be injurious to the use and employment of other property in the immediate vicinity for the purpose already permitted nor substantially diminish and impair property values within the neighborhood.

(c) The establishment of the amusement parlor will not impede the normal orderly development and improvement of the surrounding property for uses permitted in the district.

(d) Adequate measures have been or will be taken to maintain good order surrounding the location thereof.

(3) Issuance of license; term. The Village Clerk shall issue a license upon approval of the application by the Village Board, upon the payment by the applicant of an annual license fee as specified in the Village Fee Schedule. All licenses issued herein shall be for one (1) year ending on June 30th and shall not be transferable.

(4) Hours of operation.

(a) No premises for which an amusement parlor license has been issued shall be permitted to remain open for the offering of electronic amusement devices to the public at retail between the hours of 10:00 p.m. and 10:00 a.m., except on Friday and Saturday when the closing hours shall be between 12:00 midnight and 10:00 a.m.

(b) No premises for which an amusement parlor license has been issued and which is less than one thousand (1,000) feet from the main entrance of any established public or parochial school shall be permitted to remain open for the offering of amusement devices to the public at retail between the hours of 10:00 a.m. and 3:00 p.m. on any day in which such school is in regular session.

(c) For the purposes of this section the term "public or parochial school" shall mean any institution providing learning facilities for Grades K through 8. The one thousand (1,000)-foot distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school to the main entrance of such premises.

(5) General requirements for amusement parlors. The following general requirements shall apply to all amusement parlors licensed in accordance with this ordinance:

(a) All amusement parlors shall always have an adult supervisor on the premises in which the game room is open to the public.

(b) Every amusement parlor shall provide an adequate area and number of bicycle racks for the orderly parking of bicycles, which area shall be separate from a required vehicle parking stall and shall be so located as not to occupy any portion of a public sidewalk or to otherwise obstruct pedestrian passage to and from the premises.

(c) Parking shall be provided at a paved off-street parking area sufficient in size to provide parking at the ratio of one parking space for each one hundred (100) square feet of gross floor area, or fraction thereof, for each amusement parlor.

(d) Game rooms licensed herein shall comply with all other building, fire code and applicable Village laws and regulations.

(6) Revocation of license. Licenses may be revoked by the Village Board after a hearing, in the event that an amusement parlor's location or operation fails to conform to standards provided in this chapter or violates any other provision of this Code.

§ 10.25 Street use permit.

(1) Purpose. The streets in possession of the Village are primarily for the use of the public in the ordinary way. However, under proper circumstances, the Village Clerk may grant a permit for street use, subject to reasonable municipal regulation and control. Therefore, this article is enacted to regulate and control the use of streets pursuant to a street use permit to the end that the health, safety and general welfare of the public and the good order of the Village can be protected and maintained.

(2) Application for permit. A written application for a street use permit by persons or groups desiring the same shall be made on a form provided by the Village Clerk and shall be filed with the Village Clerk. The permit fee prescribed by the Village Fee Schedule shall be paid. The application shall set forth the following information regarding the proposed street use:

(a) The name, address, telephone number, and email address of the applicant or applicants.

(b) If the proposed street use is to be conducted for, on behalf of, or by an organization, the name, address, telephone number, and email address of the headquarters of the organization and of the authorizing responsible heads of such organization.

(c) The name, address, telephone number, and email address of the person or persons who will be responsible for conducting the proposed use of the street.

(d) The date and duration of time for which the requested use of the street is proposed to occur.

(e) An accurate description of that portion of the street proposed to be used.

(f) The approximate number of persons for whom use of the proposed street area is requested.

(g) The proposed use, described in detail, for which the street use permit is requested.

(3) Review of application. The application for permit shall be transmitted by the Village Clerk to the Fire Chief, EMS Chief, Police Chief, and Director of Public Works. Each reviewing authority shall submit their comments to the Village Clerk within fourteen (14) days. The Village Clerk may approve, deny, or approve with conditions based on the reviews received.

(4) Denial of permit.

(a) An application for a street use permit may be denied if:

1. The proposed street use is primarily for private or commercial gain.

2. The proposed street use would violate any federal or state law or any ordinance of the Village.

3. The proposed street use will substantially hinder the movement of police, fire or emergency vehicles, constituting a risk to persons or property.

4. The application for a street use permit does not contain the information required above.

5. The application requests a period for the use of the street in excess of five (5) days.

6. The proposed use could equally be held in a public park or other location.

(b) In addition to the requirement that the application for a street use permit shall be denied as hereinabove set forth, the Village Board may deny a permit for any other reason or reasons if it concludes that the health, safety and general welfare of the public cannot adequately be protected and maintained if the permit is granted.

(5) Insurance. The applicant for a street use permit may be required to indemnify, defend and hold the Village and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the Village on account of any injury to or death of any person or any damage to property caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform the conditions of the permit, the applicant may be required to furnish a certificate of comprehensive general liability insurance with the Village of Belleville. The applicant may be required to furnish a performance bond prior to being granted the permit.

(6) Termination of permit. A street use permit for an event in progress may be terminated by the Fire Chief, EMS Chief, Police Chief, Director of Public Works or a law enforcement officer if the health, safety and welfare of the public appear to be endangered by activities generated as a result of the event or the event is in violation of any of the conditions of the permits or ordinances of the Village of Belleville. The Fire Chief, EMS Chief, Police Chief, Director of Public Works, Village Clerk or a law enforcement officer has the authority to revoke a permit or terminate an event in progress if the event organizers fail to comply with any of the regulations in the street use policy or conditions stated in the permit.

§ 10.26 Special events and block parties.

(1) Permit required. No special event attended by one hundred (100) or more people, and no block party, may be held without a permit from the Village, issued in accordance with this section.

(2) Village Board to approve. All special events applications shall be submitted to the Village Clerk-Treasurer and referred to the Village Board for decision. The Board may approve the application as presented, approve the application with conditions, or deny the application.

(3) Application and fees. A written application for a special event or block party permit shall be made on a form provided by the Village Clerk and shall be filed with the Village Clerk at least six (6) weeks in advance of the event. The fee for such permit shall be as set by resolution of the Village Board, plus any actual Village administrative expenses. As a condition of the approval of any permit, the applicant shall agree to pay, within thirty (30) days of billing, the costs of any additional Village services, including but not limited to services provided by Village police, fire, emergency medical, and public works personnel. Applications for special events that are filed later than the time prescribed above shall be subject to a late fee as set by the Village Board.

(a) Applications for special event and block party permits shall include, at a minimum, all of the following information:

1. The name, address, telephone number, and email address of the applicant.

2. The names, addresses, telephone numbers, and email addresses of all of the partners, if the applicant is a partnership.

3. The names, addresses, telephone numbers, and email addresses of all of the officers and directors, if the applicant is a corporation, or members, if the applicant is a limited-liability company.

4. The location at which the event is to be conducted.

5. Details related to the nature of the event, including:

a. Whether or not music will be provided.

b. Whether or not alcoholic beverages will be served.

c. The anticipated number of event attendees.

d. Hours and/or days of operation.

6. An event site plan that documents the location of:

a. Vendors of food or beverages.

b. Generators.

c. Fencing.

d. Restroom facilities.

e. Parking accommodations (both off and on site).

f. Proposed road closures, if any.

7. A contact person who will be available at all times during the special event or block party and that person's cell phone number, which must be accessible throughout the special event.

8. Plans for maintaining public safety during the entire special event.

9. Staffing needs and plans for managing and overseeing the special event.

10. Assembly and disassembly plans for the special event.

11. A list of vendors or businesses participating in the special event.

12. The Village may require the applicant to enter into an agreement with the Village, that is acceptable to the Village, holding the Village harmless.

13. A map depicting the exact boundaries of the special event area.

14. Any other information requested by the Village.

(b) The Village Clerk shall instruct all potentially affected Village departments to review the completed application and provide a report with recommendations concerning all phases of the proposed special event or block party.

(c) The Village Board, in consultation with Village department heads, may include specific conditions which require cleanup of public and private property in the vicinity of the location of the special event or block party that may be littered. A cash deposit, to be determined by resolution by the Village Board of Trustees from time to time, may be required as a condition to assure such cleanup is satisfactorily accomplished within twenty-four (24) hours. The deposit may be used by the Village to pay any costs that it may incur in completing the cleanup, and any unused balance will be refunded upon final inspection. If insufficient funds are available to pay cleanup costs, the Village reserves the right to seek reimbursement through any means available to the Village. There will be no reissuance or new issuance of special events permits to the applicant or his or her organization until such payments are made.

(d) The applicant may be required to deliver or mail a notice to property owners within a one-hundred (100)-foot radius of the special event or block party site at least three (3) weeks prior to the special event or block party (property owner list to be provided by the Village); the applicant must provide evidence of mailing, such as an affidavit, and a copy of the notice to the Village Clerk.

(e) The Village may require proof of insurance.

(f) Proposed signage and proposed location for such signage.

(g) The Village Board may approve the application, approve the application with conditions, or deny an application if it determines that issuance of a permit would not be in the interest of the public health, safety, or general welfare.

(4) General guidelines.

(a) Music. Music shall terminate at 10:00 p.m. if the event is held Sunday through Thursday and at 12:00 midnight if the event is held on a Friday, Saturday or holiday weekend, or such other times as may be determined by the Village Board.

(b) Hours of operation. All special events and block parties shall cease operation no later than 10:00 p.m. Sunday through Thursday and no later than 12:00 midnight on Friday, Saturday, or a holiday weekend, or such other times as may be determined by the Village Board.

(c) Site maintenance. All areas used must be left in a clean condition.

(d) Services available from the Village. The Village may provide equipment and materials to facilitate comfort and control over the event, subject to availability and the Village's prior need for such equipment and materials, and subject to such terms and conditions as the Village Board may require.

1. Temporary parking signs. All temporary signs for restricting parking must be posted twenty-four (24) hours in advance and maintained by the sponsor. Requests for the necessary materials should be directed to the Belleville Police Department. No temporary signs shall be allowed without the authorization of the Police Chief or the Chief's designee. Upon the event's completion, all signs must be taken down by the sponsor and returned to the Police Department.

2. Barricades. Moveable barricades provided by the Village shall be delivered to the site where the sponsor or its designated representative shall sign for their receipt. The sponsor shall pay the cost of replacing lost or damaged barricades.

(e) Blocked street. A street or portion thereof blocked off for a special event shall not be obstructed by obstacles which cannot be readily moved to allow emergency vehicles to enter in response to an emergency.

(5) Prohibited and restricted special events and block parties. No permit shall be issued authorizing a special event nor shall any such event be held:

(a) Where the principal purpose is to advertise any product, goods, wares or merchandise, except for farmers' markets engaged in the sale of local produce, baked goods and other local food products.

(b) Where the event consists primarily of the outdoor sale of goods or services, such as a crafts fair, open air bazaar, flea market or similar event, unless the premises on which the special event takes place is owned by a municipality or by a duly qualified charitable organization or not-for-profit corporation.

(c) Where the property is the subject of any outstanding violations, or any outstanding unsatisfied conditions set forth in any governmental approvals.

(d) Where any structure on the property does not have a valid certificate of occupancy and/or a certificate of compliance, if applicable.

(e) Where the proposed event includes carnival rides on a lot in a residential zoning district.

(f) Where exterior lighting at the event uses searchlights, strobe lights, laser lights or revolving lights.

(6) Permit expiration. All permits approved under this section are effective for only the times and dates specified within the application and, further, shall expire upon the cessation of event activities as identified on the approved permit application.

(7) Termination of event permit. A special event permit for an event in progress may be terminated by the Chief of Police, the Fire Chief, or the respective designee of each if public safety is compromised or threatened by the event, if the participants engage in violent, riotous, disorderly or destructive behavior causing injury to persons or damage to property, or if there is a violation of the conditions of the permit.

(8) Violations and penalties. Any person who violates any provision of this section or any permit issued under this ordinance shall be subject to a penalty as provided in Section 1.08 of this Code.