[HISTORY: Adopted by the Common Council of
the City of New Berlin 10-10-2000 by Ord. No. 2124 as Ch. 12 of the Municipal
Code. Amendments noted where applicable.]
A.
License required. No person shall engage in any business or activity for which a fee is charged pursuant to § 152-2 without a license or permit therefor as provided by this section. The words "license" and "permit" as used throughout this chapter shall be considered interchangeable.
[Amended 6-19-2001 by Ord. No. 2142]
B.
Application. Application for a license under this
chapter shall be made to the City Clerk on a form furnished by the
City. Such application shall contain such information as may be required
by the provisions of this chapter or as may be otherwise required
by the Council. At the time such application is made to the City Clerk,
it shall be accompanied by a fee as set by the Council to defray the
administrative costs for processing such application for a license.
Applications of drive-in theaters shall be submitted on or before
May 1 of each year.
C.
Payment of license fee. License fees imposed under § 152-2 shall be paid by the applicant for such license on or before June 30, if such license is an annual renewal, or within 10 days after being granted during the license year. The fee paid by the applicant as provided in Subsection B shall be applied to the license fee if the total fee is paid as herein provided.
[Amended 6-11-2002 by Ord. No. 2176]
D.
Proration or refund of license fee. The fee for a
license for less than 12 months shall be prorated pursuant to Wis.
Stats. 125.25(4), 125.26(4), 125.51(9)(a). In the event any license
is denied, the applicant shall receive a refund of the fee less $55
for the City's investigation and processing of the application.
[Amended 6-11-2002 by Ord. No. 2176; 7-25-2006 by Ord. No.
2314]
E.
Granting of licenses and provisional licenses.
[Amended 10-23-2001 by Ord. No. 2149; 4-27-2004 by Ord. No.
2229; 5-24-2022 by Ord. No. 2659]
(1)
The City Clerk may issue cigarette and operator (bartender)
licenses. All other license applications shall be referred to the
Council, together with all reports required of city officers, for
approval or disapproval at its next regular meeting after filing.
The Council shall grant or deny the application upon the information
presented to it.
(2)
Provisional and regular operator's licenses. The City
Clerk is authorized to issue provisional and regular operator's (bartenders)
licenses, pursuant to § 125.17(5), Wis. Stats., to individuals
who have met the following criteria:
(a)
An application for an operator's license must
be on file with the City of New Berlin, including either a completion
certificate of a responsible beverage server class certified by the
State of Wisconsin or proof that the applicant has held an operator
license within the last two years.
(b)
Payment for said license shall be paid in full.
No refunds will be issued.
(c)
Background check from the Wisconsin Department
of Justice indicating no alcohol- or drug-related convictions in the
last five years. This includes DUI, open intoxicants, possession of
paraphernalia, underage drinking, and serving minors.
F.
Terms of licenses. All licenses issued hereunder shall
expire on June 30 in the year of issuance unless issued for a shorter
term, when they shall expire on 12:00 midnight of the last effective
day of the license, or unless otherwise provided by these ordinances
or state laws.
G.
Form of license. All licenses issued hereunder shall
show the date of issue, the activity licensed and the term of license
and shall be signed by the City Clerk and impressed with the City
Seal.
[Amended 8-28-2007 by Ord. No. 2355]
H.
Record of licenses. The City Clerk shall keep a record
of all licenses issued.
I.
Display of licenses. All licenses issued hereunder
shall be displayed upon the premises or vehicle for which issued or,
if carried on the person, shall be displayed to any officer of the
City upon request.
J.
Compliance with ordinances required. It shall be a
condition of holding a license under this chapter that the licensee
comply with all ordinances of the City. Failure to do so shall be
cause for revocation of the license.
K.
Transfer of licenses. All licenses issued hereunder
shall be personal to whom issued and shall not be transferred, except
with the consent of the City Council.
L.
Exemptions. No license other than a liquor or beer
license shall be required under this section for any nonprofit educational,
charitable, civic, military or religious organization where the activity
which would otherwise be licensed is conducted for the benefit of
the members or for the benefit of the public generally.
M.
Renewal of licenses. All applications for renewal
of licenses hereunder shall be made to the City Clerk by April 15.
Renewal of licenses shall be charged the same fee as the original
charge for issuance.
[Amended 8-28-2007 by Ord. No. 2355]
N.
Consent and compliance.
(1)
Consent to inspection. An applicant for a license
under this chapter thereby consents to the entry of police or authorized
representatives of the City upon licensed premises at all reasonable
hours for the purposes of inspection and search and consents to removal
from the premises and introduction into evidence in prosecutions for
violations of this chapter all things found therein in violation of
this chapter or state law.
(2)
Compliance with building, plumbing and electrical codes. All new applications for Retail Class A and B fermented malt beverage and intoxicating liquor licenses shall be accompanied by a statement from the Chief Building Inspector that no violation of Chapter 80, Building Construction, Chapter 106, Electrical Standards, Chapter 110, Erosion Control, Chapter 124, Fire Prevention, Chapter 141, Historic Preservation, Chapter 193, Plumbing Standards, and Chapter 201, Property Maintenance, of this Code exists on the premises for which the license is required. If any such violation exists, it shall be cause for withholding the license until the necessary corrections have been made and certified to by the Chief Building Inspector. Upon application for the renewal of existing Class B licenses, inspections shall occur as follows: 1/3 of the renewal applications shall be inspected annually for compliance with Chapter 80, Building Construction, Chapter 110, Erosion Control, Chapter 124, Fire Prevention, Chapter 141, Historic Preservation, and Chapter 201, Property Maintenance; 1/3 for compliance with Chapter 193, Plumbing Standards; and 1/3 for compliance with Chapter 106, Electrical Standards. If any violation exists, it shall be cause for withholding the license or renewal thereof until the necessary corrections have been made and certified by the Chief Building Inspector.
O.
Revocation of licenses. Except as provided in § 152-4H, any license issued under this chapter may be revoked for cause by the Mayor or Common Council. Any licensee whose license is so revoked may apply within 10 days of the revocation for a public hearing before the Common Council. The City Clerk may suspend any direct seller or religious and charitable solicitor permits for cause until the Common Council can meet and formally review the permit. At such hearing the licensee shall be entitled to be represented by counsel. After the evidence, the Council may confirm or reverse the revocation or modify the revocation by imposing a limited period of suspension. The determination of the Council shall be final. The Police Department shall repossess any license revoked hereunder.
Fees for licenses under this chapter shall be
on file in the office of the City Clerk and may be adjusted by the
Common Council over time to reflect the actual costs of administering
the licenses.
A.
License. The statutory provisions of § 134.65,
with § 66.0433, Wis Stats., describing and defining licensure
with respect to cigarettes and soda water, exclusive of any provisions
therein relating to penalties to be imposed and exclusive of any regulations
for which the statutory penalty is a term of imprisonment, are hereby
adopted and by reference 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 part of
this section in order to secure uniform statewide regulation of the
licensure of cigarettes and soda water.
B.
Penalties. The penalty for violation of any provision of Subsection A shall be in conformance with the forfeiture permitted to be imposed by the statute adopted, but said fine shall not exceed the maximum fine permitted under such statute. If the statute adopted does not set forth a forfeiture, then the penalty provisions of Chapter 1, General Provisions, § 1-18 of the Code of the City of New Berlin shall apply.
A.
State statutes adopted.
(1)
The provisions of Ch. 125, Wis. Stats., describing
and defining regulations with respect to alcohol beverages, exclusive
of any provisions thereof relating to the penalty to be imposed, are
hereby adopted and made a part of this section by reference. 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 to secure uniform
statewide regulation of alcoholic beverages.
[Amended 8-22-2006 by Ord. No. 2328]
(2)
The City Clerk is authorized to issue temporary Class "B" licenses,
pursuant to § 125.26(6), Wis. Stats., to the Chamber of
Commerce as defined under § 125.02(3u), Wis. Stats.; bona
fide clubs; county or local fair associations or agricultural societies,
churches, lodges or societies that have been in existence for at least
six months before the date of application; and posts of veteran's
organizations. The fee for such license shall be set by the Common
Council. Application for temporary Class "B" shall be filed at least
three days prior to issuance of the license.
[Amended 11-10-2015 by Ord. No. 2556]
B.
License fees.
[Amended 8-27-2013 by Ord. No. 2508; 11-10-2015 by Ord. No. 2556]
(4)
Late filing fee. Any renewal liquor license application which is
submitted after April 30 of the licensing year shall be assessed,
in addition to any other fee provided for under this section, a late
fee of $100.
C.
Election to permit volume liquor sales. The City elects
to come under the provision of § 125.51(3)(b), Wis. Stats.
D.
Premises must be business property. No license shall
be issued hereunder for any premises which is not improved as business
property, having a store or business front.
E.
Disclosure of offenses required. Every applicant for
a retail Class "B" license and for an operator's license shall make
full disclosure to the Council of any prior conviction of any violation
of any state or federal law or any municipal ordinance, and applicants
may be required to submit to fingerprinting at the option of the Police
Department after that Department has conducted a background check.
F.
Closing hours.
(1)
Sections 125-32(3) and 125.68(4), Wis. Stats., shall
apply except that no premises for which a retail Class A intoxicating
liquor license has been issued shall be permitted to remain open for
the sale of intoxicating liquor between 9:00 p.m. and 8:00 a.m. The
owner of the premises shall implement electronic cash register restrictions
to preclude the sale of Class A intoxicating liquor during these hours
and also shall establish procedures to require the verification of
the age eligibility of each purchaser.
[Amended 4-12-2011 by Ord. No. 2450]
(2)
Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, and bowling alleys and golf courses, may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold or consumed during prohibited hours as specified in Subsection F(1).
(3)
Except as provided in Subsection F(2) above, no person other than employees of the licensee or persons performing business or repair services for the licensee shall remain on the licensed premises during any of the time during which the premises are required to be closed as provided in Subsection F(1). No open containers containing alcoholic beverages shall be permitted on the licensed premises during those hours the premises are required to be closed.
G.
Regulation of underage persons.
(1)
Definition. An underage person is a person who has
not attained the legal drinking age.
[Amended 6-19-2001 by Ord. No. 2142]
(2)
Sale of liquor or beer to underage persons prohibited.
No person shall sell or give any fermented malt beverage or intoxicating
liquor to any underage person unless accompanied by an adult parent,
guardian or spouse of legal drinking age.
(3)
Purchase or possession of beer or liquor by underage
persons prohibited. No underage person shall purchase or receive,
or have in his possession, any fermented malt beverage or intoxicating
liquor unless accompanied by an adult parent, guardian or spouse of
legal drinking age.
H.
Prohibited practices and places of sale.
(2)
No retail Class A license for the sale of intoxicating
liquor beverages shall be used for any premises upon which fuel for
motor vehicles is sold and directly dispensed into such motor vehicle.
The retail Class A license for the sale of fermented malt beverages
and intoxicating liquor may be issued for such a premises, provided
the license holder submits a plan of operation at the time of the
initial application or renewal thereof with a diagram or photograph
of the proposed display area for fermented malt beverages and intoxicating
liquor on premises upon which fuel for motor vehicles is sold. Such
plan of operation shall be reviewed by the Committee of the Whole,
which shall approve or disapprove of the same without referral to
the Common Council. In addition to the other grounds for revocation
set forth in this chapter, the failure to obtain approval of the plan
of operation required hereunder shall be grounds for license revocation.
It shall further be grounds for revocation if the holder of the liquor
license fails to implement electronic cash register restrictions to
preclude the sale of intoxicating liquor beverages after 9:00 p.m.
and before 8:00 a.m.
[Amended 1-23-2007 by Ord. No. 2337; 4-12-2011 by Ord. No.
2450]
(3)
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
which 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:
(a)
A hotel.
(b)
A restaurant, whether or not it is a part of
or located in any mercantile establishment.
(c)
A combination grocery store and tavern.
(d)
A combination sporting goods store and tavern
in Towns, villages and fourth class cities.
(e)
A combination novelty store and tavern.
(f)
A bowling alley or recreation premises.
(g)
A club, society or lodge that has been in existence
for six months or more prior to the date of filing application for
the Class "B" license or permit.
(h)
A movie theater.
[Added 11-10-2015 by Ord.
No. 2556]
(i)
A painting studio.
[Added 11-10-2015 by Ord.
No. 2556]
(j)
Premises for which a temporary Class "B" license is issued under
§ 125.26(6), Wis. Stats.; if the license is one of multiple
licenses issued by the municipality to the same licensee for the same
date and times, the license is the sponsor of an event held at multiple
locations within the municipality on this date and at these times,
and an admission fee is charged for participation in the event and
no additional fee is charged for service of alcohol at the event.
[Added 11-10-2015 by Ord.
No. 2556]
(4)
Restriction on sales in residential property. No license shall be
issued to any person or entity for the purpose of possessing, selling
or offering for sale any intoxicating liquor or fermented malt beverage
in any dwelling, house, flat or residential apartment.
[Added 8-27-2013 by Ord. No. 2508]
(5)
Abandonment of license. Any licensee granted or issued a license
to sell alcohol beverages who abandons such business shall forfeit
any right or preference the licensee may have to the holding or renewal
of such license. Abandonment shall be sufficient grounds for revocation
or nonrenewal of any alcohol beverage license. In this section, "abandon"
and "abandonment" shall mean a continuing refusal or failure of the
licensee to use the license for the purpose or purposes for which
the license was granted by the City Council for a period of one year.
The Common Council may, for good cause shown, extend the period of
permitted nonuse.
[Added 8-27-2013 by Ord. No. 2508]
(6)
Code compliance. No Class B license may be issued unless the premises
in which the sale shall occur comply with and conform to all ordinances
and health, sanitation and building regulations of the City, as well
as the State of Wisconsin.
[Added 8-27-2013 by Ord. No. 2508]
I.
Partnership and corporate licensees. Each application for a retail liquor license or a renewal thereof shall include, if a partnership, the names of all partners whether general or limited. Corporate applications shall include the exact name of the corporation, its principal place of business, its registered address, its registered agent, the names of its officers and all members of its board of directors. Each such partner, officer and director shall comply with the disclosure provisions of Subsection E of this section.
J.
Compliance.
[Amended 8-27-2013 by Ord. No. 2508; 12-12-2017 by Ord. No. 2598]
(1)
Prior to acting upon any application or renewal of an intoxicating
liquor or fermented malt beverage license, the applicant shall have
fully paid all personal property taxes, real property taxes, assessments
and fees of the City, and the premises to be licensed shall fully
comply with all applicable codes, ordinances, rules and regulations
regarding building, electrical and plumbing components thereof. In
addition, the applicant shall obtain all other permits required to
occupy the licensed premises or to conduct the operations permitted
under the license from any and all City departments or other governmental
entities with jurisdiction.
(2)
All applicants for renewal under this section shall, on or before
April 30 of each year, demonstrate to the City's Committee of the
Whole that such premises are fully in compliance with all applicable
electrical, plumbing, building and zoning codes. Should the applicant
fail to bring the building into compliance or fail to have scheduled
a code inspection on or before April 30 of each year, in addition
to nonrenewal of such license, the applicant shall pay an additional
applicant fee as set by the Common Council prior to the application
for renewal being considered by the Committee of the Whole.
K.
Certification.
[Amended 8-28-2007 by Ord. No. 2355]
(1)
Definition. For the purpose of this section, "premises"
shall mean that portion of a building with an entrance and an exit
to a public walkway or parking area for all or a portion of which
a "Class A" intoxicating liquor license has been granted.
(2)
Required. All holders of “Class A” liquor
licenses shall be required, upon initial application and thereafter
upon application for renewal, to certify to the City Clerk that percentage
of the licensee’s retail sales for the license holder which
involves sales other than intoxicating liquors and fermented malt
beverages.
(4)
Partition and plan of operation.
(a)
Partition. A license holder subject to the requirements
of this section shall implement a crowd-control or other suitable
barrier to preclude access to the merchandise area for the sale of
intoxicating liquor and/or fermented malt beverage between the hours
of 9:00 p.m. and 8:00 a.m. The license holder shall further be required
to implement electronic cash register restrictions to preclude the
sale of intoxicating liquor products during these hours, as well as
procedures to require the verification of the age eligibility of the
purchaser.
[Amended 4-12-2011 by Ord. No. 2450]
(b)
Plan of operation.
[1]
All intoxicating liquor license holders shall
submit a plan of operation at the time of initial application or renewal
thereof, with a diagram or photograph of the proposed display area
for intoxicating liquor. Such plan of operation shall be reviewed
by the Committee of the Whole, which shall approve or disapprove the
same, without reference to the City Council.
[2]
In addition to other grounds for revocation
as set forth in this chapter, failure to obtain approval of the plan
of operation required hereunder shall be grounds for license revocation.
L.
Chief of Police to conduct investigation of applicants.
Upon receipt of each application, the Clerk will refer it immediately
to the Chief of Police, who will make and complete an investigation
of the statements in such application and an investigation of each
applicant within reasonable dispatch after the application has been
filed with the Chief of Police. The Chief of Police shall endorse
his findings upon the application and deliver the application to the
City Clerk.
M.
Temporary
extension of licensed premises for special event.
[Added 5-28-2013 by Ord. No. 2502]
(1)
The
granting of a temporary extension of licensed premises for special
events shall authorize the licensee to sell or serve intoxicating
liquors or fermented malt beverages as permitted by the specific license
held during the period of time and in the area described in the application
for such temporary extension as expressly approved by the Common Council.
Such authority is contingent upon and subject to the licensee obtaining
any and all other special privileges and permits required for the
conduct of the special event for which the temporary extension of
the licensed premises is sought.
(2)
Any
person holding a valid Class "B" fermented malt beverage license,
Class B tavern license or "Class C" wine license may apply for the
temporary extension of such licensed premises for a special event.
The area which the licensee wishes to include in a temporary extension
of licensed premises must be owned by or under the control of the
licensee. The signature of both the licensee and the owner of the
property must both appear on the application. If the applicant seeks
a temporary extension of the licensed premises such that the extended
licensed premises would extend into or encroach upon any public property
or public right-of-way, the applicants shall also be required to obtain
the applicable special privilege for use of said public property or
right-of-way for the document authorized in the temporary extension
of the licensed premises to be issued by the City Clerk. The applicant
shall also be required to comply with all other applicable statutes
and ordinances.
(a)
Applicant’s responsibility. Application for the temporary extension
of licensed premises for special events shall be made by an individual,
or an authorized agent, in the case of a corporation, partnership
or limited liability company, who shall be personally responsible
for compliance with all of the terms and provisions of this section.
(b)
Application. The application for the temporary extension of licensed
premises shall be filed not less than 15 days prior to the date upon
which the applicant wishes the matter to be considered by the Common
Council, which date shall be not less than two weeks prior to the
proposed special event. Applications shall be made on forms provided
by the City Clerk and must be signed and sworn to by the applicant,
if an individual, one partner of a partnership or by a duly authorized
agent, officer or member of a corporation or limited liability company.
The application shall include the following:
[1]
The name, business address and telephone number of the applicant.
[2]
The address of the existing licensed premises.
[3]
The type of license currently held.
[4]
Specific description of the site for which the temporary extension
is sought, including the dimensions of the area.
[5]
The location of exits.
[6]
The manner in which the licensed premises area will be restricted
and screened from underage persons.
[7]
The name of the particular event or function for which the temporary
extension of the licensed premises is sought.
[8]
The date and period of time for which the particular event or function
will be operated.
[9]
Such other reasonable and pertinent information as the Common Council
may require.
(c)
The completed application should be submitted to the Common Council,
which shall consider the matter. As part of the consideration process,
the Common Council will consider:
[1]
The appropriateness of the location site for which the permit is
sought; and whether the event for which the permit is sought will
create undesirable neighborhood problems.
[2]
The hours during which the event will be operated at the site and
the likely effect of the event on the surrounding area.
[3]
Whether previous permits granted to the same applicant or to other
applicants for the same site have resulted in neighborhood problems,
including, but not limited to, complaints of loud music, noise, litter,
disorderly conduct, loitering, public urination or drunkenness, excessive
refuse, parking in unpermitted locations, or such other factors as
may reasonably relate to the public health, safety and welfare of
the community.
(d)
If the Common Council approves the application for the temporary
extension of licensed premises, the City Clerk shall issue a permit
to the applicant confirming that fact and specifying the date, period
of time and specific location for which the temporary extension shall
be in effect. The document may also contain any restrictions or conditions
which the Council may place on such approval. The City Clerk shall
not issue the permit if the applicant has not obtained all of the
required permits for the premises or final inspection of the premises
has not yet occurred.
(e)
The licensee granted a temporary extension of licensed premises for
special events may not sell any alcohol or non-alcohol beverages for
consumption in bottles and glass containers at the location of the
extension of licensed premises. Beverages may only be sold in single-service
cups or cans for on-premises consumption in the location of the temporary
extension of the licensed premises.
[Amended 4-12-2016 by Ord. No. 2563]
(f)
The permit for the temporary extension of licensed premises may only
be issued during the time that the applicant holds a valid liquor
license otherwise from the City of New Berlin.
(g)
Each application for extension of licensed premises will be viewed
upon its own merit, and the granting of the existing alcohol beverage
license or previous temporary extension to the licensed premises will
not guarantee the issuance of a new temporary extension of licensed
premises.
(h)
The applicant shall obtain liability insurance coverage for the event
and such coverage shall provide for the City of New Berlin to be named
as an additional insured, which coverage shall be evidenced by a policy
endorsement. Said endorsement shall be filed with the Municipal Clerk
and shall evidence the liability insurance limits of not less than
$1,000,000 per occurrence and $2,000,000 in the aggregate.
(i)
In such instances where the event is recurring and there has been
a previous approved extension of premises permit issued, the applicant
may simply provide an application noting the fact that this is a recurring,
previously approved event, and giving the basic information about
the event, the date, location and specifics, together with a certificate
of liability insurance.
(j)
Failure to comply with the terms of the extension of premises permit
may result in revocation of the license by the Common Council and
prosecution of any ordinance violations and a denial of all future
applications for extension of premises. Such circumstances will be
considered at the time of renewal of the existing underlying alcohol
beverage permit.
(k)
Any request for reconsideration of the denial of the extension of
premises permit must be submitted to the City Clerk and be made within
five days of the date of denial.
N.
Catering services. Those alcohol beverage licensees who operate what
are commonly known as catering services shall comply with the following:
[Added 8-27-2013 by Ord. No. 2508]
(1)
The licensee shall deliver alcohol beverages to an event only when
the licensee supplies full food catering service for all guests or
participants in the event.
(2)
No licensee shall deliver alcohol beverages for an event that is
held upon the premises of another alcohol beverage licensee.
(3)
No licensee shall sell, deal or traffic any alcohol beverages except
face-to-face with the purchaser on the licensed premises of the licensee.
This provision shall not prevent nor prohibit the licensee from delivering
goods to the buyer as an accommodation.
(4)
The licensee may supply personnel to dispense alcohol beverages at
the catered event.
(5)
No person shall engage in the individual sale of alcohol beverages
to be consumed by the glass at a catered event (cash bar) when the
alcohol beverages have been supplied by a retail licensee.
(6)
The event where catering occurs shall not occur over a period exceeding
three days.
(7)
The distribution of alcohol beverages at the catered event is subject
to all the provisions of this section.
O.
Reserve licenses.
[Added 8-27-2013 by Ord. No. 2508]
(1)
Applicants for Class B reserve liquor licenses may also apply for
a grant from the City to cover part of the cost of licensure. The
amount of grant money any one applicant may receive, if any, is in
the discretion of the Common Council, but in no event shall exceed
$9,500. Grants shall be considered a community development grant to
promote businesses within the City of New Berlin that apply for and
receive Class B reserve liquor licenses.
(2)
Applicants for Class B reserve liquor licenses seeking said grant
must submit a completed application to the City Clerk's Office. Said
application must be signed and notarized and the application fee must
be included. Notarized signatures are required of an individual applicant,
a partner, a partnership or an agent or owner if it is a corporation
or LLC. The applicant shall be required to explain how the grant will
be used to benefit the economic climate of the City of New Berlin
and to be eligible for a grant, an applicant must meet all standard
requirements for liquor license approvals including obtaining an occupancy
permit from the Department of Community Development.
(3)
Payment of reserve license fees. If an applicant applies for less
than a full license year or terminates their license before the end
of a license year, the reserve license fee and any portions thereof
will not be refunded nor will they be prorated.
P.
Provisional retailer licenses.
[Added 1-13-2015 by Ord.
No. 2535]
(1)
The
City Clerk may issue, upon application, a provisional retailer license
to a person who has applied for a retailer license for the sale of
fermented malt beverages, intoxicating liquor or wine, Class A, Class
B or Class C. Such provisional license shall only authorize those
activities that the type of retailer license applied for authorizes
and shall be subject to the applicant meeting all licensing requirements
set forth in this chapter and Wis. Stats. § 125.185, as
amended. A provisional license shall expire 60 days after its issuance
or when the alcohol beverage retailer establishment license is issued
to the holder, whichever is sooner. Such provisional license may not
be renewed and may be revoked by the City Clerk if the Clerk determines
that a false statement was made on the application. The issuance of
a provisional Class B license is subject to the availability of the
license based upon the quota limitations of Wis. Stats. § 125.51.
Q.
Sales of
beer at City parks. Officers and employees of the City are authorized
to sell beer in municipal parks operated by the City pursuant to the
authority granted under § 125.06(6) of the Wisconsin Statutes.
[Added 7-25-2023 by Ord. No. 2680]
R.
Initiation
of license use and abandonment of licenses.
[Added 7-25-2023 by Ord. No. 2680]
(1)
Initiation
of license use. Within 180 days from the issuance of a Class B License,
the licensee shall be open for business with adequate stock and equipment.
If the business does not commence within such time, the license shall
be subject to revocation by the Common Council after a public hearing.
The Common Council may, for good cause shown, extend the deadline
for initiation of the use of the license for up to a ninety-day period.
Failure to commence doing business within 180 days (and any extension
permitted by the Council thereto) from the issuance of the license
constitutes cause for revocation under this chapter.
(2)
Abandonment
of license. Any licensee granted or issued a license to sell alcoholic
beverages who abandon such business shall forfeit any right or preference
the licensee may have to the holding or renewal of such license. Abandonment
shall be sufficient grounds for revocation or nonrenewal of any alcohol
beverage license. For purposes of this section, “abandonment”
shall be defined as a continuing refusal or failure of a licensee
to use the license for the purpose or purposes for which the license
was granted by the Common Council, which abandonment continues for
a period of 180 days. The Common Council may, for good cause shown,
extend the period of permitted nonuse.
A.
License required. No direct seller, or an employee
of a direct seller, shall engage in direct sales within the City without
being licensed for that purpose as provided herein.
B.
CLERK
DIRECT SELLER
GOODS
MOBILE VENDOR
PERMANENT MERCHANT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 6-19-2001 by Ord. No. 2142; 10-9-2018 by Ord. No. 2605]
The City Clerk.
A person who sells goods or takes sales orders for the later
delivery of goods at any location other than the permanent business
place or residence of such person, partnership, association or corporation,
and failure to obtain approval of the plan of operation required hereunder
shall be grounds for license revocation.
Personal property of any kind and provided incidental to
services offered or sold.
A person who offers goods or services for sale to the public
without a permanently built structure but with a self-contained static
structure by way of a vehicle or other transportation.
A direct seller who, for at least one year prior to the consideration
of the application of this section to such merchant, has continuously
operated an established place of business in this City or has continuously
resided in this City and now does business from his residence.
C.
Exemptions. The following shall be exempt from all
provisions of this section:
(1)
Any person delivering newspapers or selling newspaper
subscriptions, fuel, dairy products or bakery goods to regular customers
on established routes.
(2)
Any person selling goods at wholesale to dealers in
such goods.
(3)
Any person selling agricultural products which such
person has grown.
(4)
Any permanent merchant or employee thereof who takes
orders away from the established place of business for goods regularly
offered for sale by such merchant within this county and who delivers
such goods in his or her regular course of business.
(5)
Any person who has an established place of business
in the City where the goods being sold are offered for sale on a regular
basis and in which the buyer has initiated contact with, and specifically
requested a home visit by, such person.
(6)
Any person who has had or represents a company which
has had a prior business transaction, such as a prior sale or credit
arrangements, with the prospective customer.
(7)
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.
(8)
Any person who claims to be a permanent merchant but
against whom complaint has been made to the Clerk that such person
is a transient merchant, provided that there is submitted to the Clerk
proof that such person has leased for at least one year, or purchased,
the premises from which he/she is conducting business or proof that
such person has conducted such business in this City for at least
one year prior to the date complaint was made.
(9)
Any ex-soldier of the United States and any other
disabled person who meets the requirements of § 440.51,
Wis. Stats.
(10)
Any person selling Christmas trees.
(11)
Boy Scouts or Girl Scouts soliciting money or donations
of money.
(12)
Any students, up to and through the 12th grade of
primary or secondary school, who reside in Milwaukee and Waukesha
Counties, in connection with authorized school programs and activities.
(13)
Any charitable organization, society, association or corporation which is recognized as a tax-exempt charitable organization by federal and state authorities. Such charitable organizations, societies, associations or corporations shall be regulated as provided in § 152-6 of this chapter.
[Amended 1-23-2007 by Ord. No. 2335]
D.
Mobile vendors.
[Amended 10-9-2018 by Ord. No. 2605]
(1)
License requirement.
(a)
All mobile vendors doing business in the City will be required
to obtain a direct sellers permit.
(b)
Obtain a mobile retail license from either the State of Wisconsin
or from Waukesha County. A copy of this license shall be on file with
the City of New Berlin Clerk's Office.
(c)
A copy of the direct sellers permit and mobile retail license
shall be posted on the mobile unit for public view.
(2)
Parking.
(a)
Vendors must follow all City parking regulations and posted
signage.
(b)
Vendors cannot block or restrict an individual's access to a
business or residence or the driveways, alleys or access points to
the parking areas for such locations.
(c)
Vendors are prohibited from selling along the following rights-of-way,
arterials and major thoroughfares at all times: Calhoun Road, Cleveland
Avenue, Greenfield Avenue, Lincoln Avenue, Moorland Road, National
Avenue, Howard Avenue, Beloit Road, Coffee Road, Lawnsdale Road, Janesville
Road, Racine Avenue, College Avenue, Sunny Slope Road, 124th Street,
Small Road, and Grange Avenue.
(d)
Vendors are prohibited from selling within or along any City
parks without the permission of the Parks, Buildings and Grounds Commission.
(e)
Vendors are prohibited from selling along residential streets
without the permission of the City.
(3)
Sales.
(a)
It is prohibited to make any sales from the roadway median strip,
safety island or on foot into any street or roadway, including any
alleys where there is vehicular traffic.
(b)
Food cannot be sold door to door.
(c)
Food cannot be sold between the hours of 10:00 p.m. and 7:00
a.m.
(d)
Vendors cannot place coolers on the ground or provide tables
or chairs for their customers.
(e)
No vendor shall use a power source from an adjacent building,
and vendors must be self-contained.
(f)
All waste shall be disposed of properly by the vendor; no organic
waste shall be deposited into the City sanitary sewer system.
(4)
Exemptions. Direct seller applicants wishing to sell on City property for City-run events (i.e., Fourth of July Festival, Beer Gardens, Winterfest, etc.) shall be exempt from the following provisions set forth in this chapter: § 152-5D(2)(d), (3)(c) and (3)(d).
[Added 1-25-2022 by Ord. No. 2658]
E.
Registration for license.
[Amended 8-28-2007 by Ord. No. 2355; 10-9-2018 by Ord. No. 2605]
(1)
Application. Applicants for a license shall complete and return to
the Clerk a registration form furnished by the Clerk which shall require
the following information:
(a)
Name, including middle initial, permanent address and telephone
number and, if any, temporary address and telephone number.
(b)
Age, date of birth, height, weight and color of hair and eyes.
(c)
Name, address and telephone number of the person, firm, association
or corporation that the direct seller represents or is employed by
or whose merchandise is being sold.
(d)
Temporary address and telephone number from which business will
be conducted, if any.
(e)
Nature of business to be conducted and a brief description of
the goods and any services offered.
(f)
Proposed method of delivery of goods, 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/or towns, not to exceed three, where
the applicant conducted similar business.
(i)
Place where the applicant can be contacted for at least seven
days after leaving this City.
(j)
Statement as to whether the applicant has been charged or convicted
of any crime or ordinance violation related to the applicant's transient
merchant business, or any crime or ordinance violation pertinent to
the safety of citizens, including, or of a similar nature to, fraud,
burglary, robbery, assault or sexual assault, within the last five
years, and a detailed explanation of the nature of the offense and
place of conviction.
(2)
Required documents. Applicants shall present the following to the
Clerk for examination:
(a)
A driver's license, the number of which shall be recorded by
the Clerk, 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)
(Reserved)
(d)
The applicant shall be given a copy of this section and shall
sign a receipt therefor.
(3)
Fee. At the time the registration is returned, a fee to cover the cost of processing the registration, as well as the required annual license fee, shall be paid to the Clerk. Such fees are stated in § 152-2 of this chapter.[1]
[1]
Editor's Note: Former Subsection E(4), regarding liability,
which immediately followed this subsection, was repealed 1-25-2022 by Ord. No. 2658.
F.
Investigation.
[Amended 10-9-2018 by Ord. No. 2605]
(1)
City Clerk to conduct. Upon receipt of each application, the Clerk
will conduct a background check via the background check vendor as
approved by the City Clerk. The City Clerk will review the findings
upon the application and shall issue or deny the license in accordance
with such findings. When the license is issued, the applicant shall
pay an annual license fee as set by the Common Council, and the license
shall be valid for one year from the date of issue.
[Amended 1-25-2022 by Ord. No. 2658]
(2)
Denial of license. The Clerk shall refuse to issue a license to the
applicant if it is determined, pursuant to the investigation above,
that:
(a)
The application contains any material omission or materially
inaccurate statement.
(b)
Complaints of a material nature have been received against the
applicant by authorities in the last cities, villages and towns, not
exceeding three, in which the applicant conducted similar business.
(c)
The applicant was convicted of a crime, statutory or ordinance
violation within the last five years, the nature of which is directly
related to the applicant's fitness to engage in direct selling or
is a violation pertinent to the safety of citizens, including, or
of a similar nature to, fraud, burglary, robbery, theft, assault and
sexual assault.
G.
Appeals. Any person denied a license may appeal the denial to the
City Council.
[Amended 10-9-2018 by Ord. No. 2605]
H.
Regulation of direct sellers.
[Amended 8-12-2008 by Ord. No. 2384; 10-9-2018 by Ord. No. 2605]
(1)
Prohibited practices.
(a)
A direct seller shall be prohibited from calling at any dwelling
or other place between 8:00 p.m. and 9:00 a.m., except by appointment.
(b)
A direct seller shall not misrepresent or make false, deceptive
or misleading statements concerning the quality, quantity or character
of any goods offered for sale, the purpose of his/her visit, his/her
identity or the identity of the organization he/she represents.
(c)
No direct seller 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 direct seller shall make any loud noises or use any sound-amplifying
device to attract customers if the noise produced is capable of being
plainly heard outside a 100-foot radius of the source.
(e)
No direct seller shall allow rubbish or litter to accumulate
in or around the area in which he/she is conducting business.
(f)
No permit holder under this section shall call at any dwelling
or in any way solicit at a dwelling where a sign has been posted indicating
that solicitation is generally not permitted or is restricted to particular
hours. Such sign shall be placed in a location reasonably calculated
to provide notice of this restriction to the direct seller.
[Amended 9-24-2019 by Ord. No. 2623]
(2)
Disclosure requirements.
(a)
After the initial greeting and before any other statement is
made to a prospective customer, a direct seller shall expressly disclose
his/her name, the name of the company or organization he/she is affiliated
with, if any, and the identity of goods or services he/she offers
to sell.
(b)
If any sale of goods is made by a direct seller, or any sales
order for the later delivery of goods is taken by the seller, the
buyer shall have the right to cancel the transaction if it involves
the extension of credit or is a cash transaction of more than $25;
in accordance with the procedure as set forth in § 423.203,
Wis. Stats., the seller shall give the buyer two copies of a typed
or printed notice of that fact. Such notice shall conform to the requirements
of § 423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.
(c)
If the direct seller takes a sales order for the later delivery
of goods, 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 guaranty or warranty is
provided and, if so, the terms thereof.
(d)
Any person licensed under this section shall carry his license
with him while engaged in licensed activities and shall display such
license to any police officer or citizen upon request.
I.
Records. The Chief of Police shall report to the Clerk all convictions
for violation of provisions of this section and the Clerk shall note
any such violation on the record of the registrant convicted.
[Amended 10-9-2018 by Ord. No. 2605]
J.
Revocation of license.
[Amended 10-9-2018 by Ord. No. 2605]
(1)
Registration may be revoked by the City Council, 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 provisions
of this section; or was convicted of any crime or ordinance or statutory
violation which is directly related to the registrant's fitness to
engage in direct selling or is a violation pertinent to the safety
of citizens, including, or of a similar nature to, fraud, burglary,
robbery, theft, assault and sexual assault.
(2)
Written notice of the hearing shall be served personally on the registrant
at least 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.
K.
Minor employment laws adopted. Except as otherwise specifically provided
in this chapter, the statutory provisions in §§ 103.21,
103.23 and 103.25, Wis. Stats., describing and defining regulations
with respect to the employment of minors are hereby adopted and by
reference made a part of this chapter as if fully set forth herein.
[Amended 10-9-2018 by Ord. No. 2605]
L.
Use and occupancy. If a direct seller shall occupy or use vacant land or a building, use and occupancy permits shall be obtained pursuant to the provisions of Chapter 275, Zoning, of this Code.
[Amended 10-9-2018 by Ord. No. 2605]
M.
Term. The term of the direct seller license shall be one year from
the date of its issuance. Any renewal of the license shall require
reapplication and review as provided for hereunder.
[Added 8-28-2007 by Ord.
No. 2355; 10-9-2018 by Ord. No. 2605]
N.
Suspensions of license. Registration may be suspended by the City
Clerk pending the determination by the Common Council of the revocation
of a license where the City Clerk has credible evidence that the registrant
is engaged in conduct which has or may jeopardize the safety of citizens
such as perpetrating a fraud or commitment of a burglary, robbery,
theft, assault or sexual assault. Written notice of the suspension
shall be served personally upon the registrant or, if the registrant
cannot be found despite reasonable attempts to serve him/her, the
notice may be tendered the registrant at the address given in its
application for the direct seller license.
[Added 9-27-2016 by Ord.
No. 2574; amended 10-9-2018 by Ord. No. 2605]
[Amended 1-23-2007 by Ord. No. 2335]
A.
Permit required. Any charitable organization, society,
association or corporation may solicit upon obtaining a permit subject
to the regulations and conditions herein provided. Such solicitation
may be for money, donations of money or property, in public places,
or in private places that are not posted against such solicitation.
The applicant shall furnish the City Clerk a sworn application which
shall give the following information:
(1)
Name of the organization.
(2)
Proof that the applicant is recognized as a tax-exempt
charitable organization by federal and state authorities.
(3)
The name and address of the officers of the organization.
(4)
The dates during which the solicitation is to be conducted.
(5)
If an organization, a copy of the resolution authorizing
the solicitation.
(6)
Total amount of funds proposed to be raised and the
use and disposition thereof.
(7)
Identity and address of person in charge.
(8)
Name and address of person who will disburse receipts.
(9)
Outline of method of solicitation.
(10)
Estimated cost of solicitation in dollars and percentage
of amount collected.
(12)
Financial statement for last preceding fiscal year.
(13)
Documents showing the amounts distributed in the last
fiscal year by the organization for its charitable purposes as well
as the percentage that amount represents of the total amounts collected.
If the organization has been in operation less than one year, a statement
of the preceding operating month may be substituted in its place.
(14)
A statement that the license will not be used or in
any way represented as an endorsement by the City.
B.
Processing procedure.
(1)
At the time the application is submitted to the City
Clerk, a fee shall be paid to the Clerk to cover the cost of processing
the application. Such fee may be waived by the City Council.
(2)
The applicant shall be given a copy of this section
and shall sign a receipt therefor.
(3)
Chief of Police to conduct investigation of solicitors.
Upon receipt of each application, the Clerk will refer it immediately
to the Chief of Police, who will make and complete an investigation
of the statements in such application and an investigation of each
representative of the organization and each solicitor within one week
after the application has been filed with the Chief of Police. The
Chief of Police shall endorse his findings upon the application and
deliver the application to the City Clerk.
C.
Issuance of permit. Upon being satisfied that the
applicant is a qualified charitable organization, that the costs of
solicitation do not exceed 50% of the total collected and that none
of the solicitors have been convicted of a felony, misdemeanor or
other offense, the circumstances of which substantially relate to
the activity of engaging in charitable solicitations, the City Clerk
shall issue a license without charge except for the application fee.
If not so satisfied, the City Clerk shall, within 10 days of filing,
refer the application to the Common Council. Upon being satisfied
that the applicant is a qualified charitable organization, that the
costs of solicitation do not exceed 50% of the total collected and
that none of the solicitors have been convicted of a felony, misdemeanor
or other offense, the circumstances of which substantially relate
to the activity of engaging in charitable solicitations, the Common
Council shall order the City Clerk to issue the license. If not so
satisfied, the Common Council shall deny the application.
D.
Regulations for charitable solicitors. No charitable
solicitor shall solicit:
(1)
In groups of more than two persons for each residence
called upon.
(2)
By holding out that the City permit is an endorsement
of the solicitation in any way.
(3)
On the traveled portion of any public street.
(4)
Before 9:00 a.m. or after 9:00 p.m., but in no situation
shall a charitable solicitor solicit for more than 14 nonconsecutive
days in a calendar year.
(5)
On any premises, whether residential, commercial or
industrial, that is posted in such a manner as to prohibit solicitation.
Any sign or poster that contains the words "No Soliciting," "No Peddlers"
or "No Peddlers or Solicitors," or a combination thereof, shall constitute
a prohibition under this section.
(6)
By remaining on premises after being requested to
leave by the owner or occupant, or any member of his family. The solicitor
shall leave immediately and without protest.
(7)
On the grounds or in the buildings of any private
or public school without the prior consent of the school authorities.
(8)
Outside of the authorized solicitation period, nor
within 12 months thereafter.
(9)
By affixing a flower, pin or medallion, or similar
device, to the person of another without the prior consent of such
person.
(10)
By refusing to make change for a bill or coin of a
larger denomination than the donor wishes to contribute, or by keeping
more than the donor wishes to contribute.
(11)
Inside the public library, police station or fire
station.
(12)
Inside the City Hall, in City parks or in or upon
any other City-owned or -operated property, without the permission
of the Mayor and City Council, who shall designate the areas, times
and duration of solicitation, which shall not exceed two weeks for
any one organization in a calendar year.
(13)
At a dwelling where a sign has been posted indicating
that solicitation is generally not permitted or is restricted to particular
hours. Such sign shall be placed either below the house street number
or attached to or suspended from the mail box.
B.
Application. The application shall show the location
and capacity of the drive-in theater and the names of the owner and
manager of the same, shall contain evidence that the theater premises
are constructed and maintained in compliance with all safety and building
regulations pertaining to the premises and shall set forth in detail
a plan for policing the premises and regulating the flow of traffic
in and out of the theater premises, which plan shall meet the minimum
requirements of this section. The application shall be accompanied
by the required fee and a certificate from an insurance company showing
compliance with the insurance requirements of this section.
C.
Police supervision and traffic regulations. At all
times when a drive-in theater is presenting any movie or other entertainment
open to the public, and for 1/2 hour after such entertainment is concluded,
the drive-in theater shall adequately police the premises and direct
traffic to and from the premises and shall have a minimum of two employees
for each movie screen policing the premises. The employees performing
such policing duty shall be persons approved by the Council and, if
possible, shall be special deputies or constables having the authority
of duly constituted peace officers, but shall be paid by the applicant.
D.
Cleaning premises. The licensee shall keep the premises
clean of waste paper, boxes and debris by picking up all such material
each day following a public opening and shall enclose the licensed
premises with a tight fence sufficient to keep such waste paper, etc.,
from blowing on adjoining premises.
E.
Liability insurance. The licensee shall, at all times,
take out and keep in full force and effect adequate public liability
insurance, which insurance shall indemnify the City from any liability
arising from the operation and maintenance of overhead lights or other
objects obstructing or overhanging the public highway, located on
the licensee's premises or the highway in front of such premises,
including lights or objects maintained or operated in connection with
the drive-in theater, by or with the consent of the City.
A.
Exceptions to license requirement.
(1)
No license shall be required for a practice target
shooting gallery installed in the basement of a one-family residential
dwelling, provided such shooting gallery is limited to the use of
air rifles, CO-2 or spring-type air guns, rim-fire- or centre-fire-type
firearms utilizing lead alloy bullets or steel shot fired at a velocity
not in excess of 750 feet per second. Metal-piercing-type bullets
and jacketed-type bullets are prohibited. Such range may be used for
archery.
(2)
No license shall be required for an outdoor archery
range on private premises consisting of at least one acre in size
when the following conditions of safety are complied with:
(a)
Distance between firing point and target butt
shall not exceed 75 feet.
(b)
The target butt shall be constructed of straw
or other suitable fiber material sufficiently thick to completely
retain any type of arrow loosed against it. Minimum size of archery
target butt shall be not less than 48 inches in diameter if circular
shape and not less than 48 inches along each side if square shape.
(c)
A warning safety line consisting of at least
one strand of rope or wire suitably suspended tautly from posts and
mounted not less than two feet nor more than 2 1/2 feet above
ground level shall completely enclose the range area, extending not
less than 10 feet to either side of a line projected from the target
face to the loosing point and enclosing the area from target butt
to loosing point to warn a person from moving into the path of the
arrow.
(3)
No license shall be required for a portable archery
target butt range set, when such is temporarily installed on any public
recreation premises, when such archery program is under the immediate
and direct supervision of a qualified instructor and is being operated
by such instructor as a part of a recognized and organized recreation
program. Such archery target butts installed shall be completely dismantled
and removed from the premises when the instruction period has ended.
The warning safety line is not required for such supervised instruction
range.
(4)
No license shall be required for premises utilized by a bona fide law enforcement agency for training in the use of firearms and discharge thereof. Prior to the use of such premises for such purpose, the owner thereof or law enforcement agency intending to utilize the premises shall deposit with the City Clerk's office either insurance as required for a premises utilized for target shooting as required by Subsection H of this section or other releases of liability or hold harmless agreement as required by the City Clerk's office.
[Amended 8-28-2007 by Ord. No. 2356]
B.
Exemption from license fee. The Council may waive
the payment of the required license fee for premises to be licensed
for the exclusive use of an organized youth organization.
C.
Licenses for corporation, etc. No corporation, firm,
association or club shall be granted a license hereunder except to
an agent thereof first duly appointed by it who is, at the time of
filing said application, an officer, manager or member thereof, a
citizen of the United States, a resident of the City continuously
for at least two years prior to the date of said application and who
shall have vested in him by properly authorized and executed written
delegation full authority and control of the premises described in
his license and of the conduct of all business and acts thereon and
who shall with respect to his qualifications be satisfactory to the
Chief of Police and the Council. Such agent shall be personally responsible
for compliance with all the terms and provisions of this section.
If such appointed agent shall during any license year cease to be
an officer, manager or member of any corporation, firm, association
or club on whose behalf said license was issued, a new license shall
be required and application therefor shall be forthwith made pursuant
to the terms and provisions of this section.
D.
Licenses for individuals. No individual shall be granted
a license hereunder unless he shall have been, at the time of filing
said application, a citizen of the United States and a resident of
the City continuously for at least two years prior to the date of
said application, nor unless said individual is with respect to his
qualifications satisfactory to the Chief of Police and the Council.
E.
Application. Application for a license for any premises
required to be licensed hereunder shall be made in writing and be
accompanied by the license fee. Said application shall contain the
following information:
(1)
Name of applicant (state whether a firm, association,
corporation, club or individual).
(2)
Address of applicant.
(3)
If applicant is an individual, state age.
(4)
If applicant is not an individual, state the name
and addresses of all officers of the club or organization.
(5)
Location and description of the premises to be licensed.
(6)
Statement as to whether said premises are owned or
leased by applicant.
(7)
Qualifications of applicant.
(8)
Name of agent or applicant to whom license shall be
issued.
(9)
Furnish proof of appointment of agent.
(10)
Qualifications of agent.
(11)
Statement to describe the safety features of the premises.
F.
Approval of Chief of Police required. No application
shall be submitted to the Council unless said application shall have
been approved by the Chief of Police.
G.
One or more officers of the corporation, firm, association
or club shall provide to the Chief of Police documentation certifying
that the firearms range meets the safety specifications set forth
in the preceding subsections and a copy of the range site plans. The
Chief of Police shall review the report and submit a recommendation
with the application to the Council.
[Amended 8-28-2007 by Ord. No. 2356]
(1)
Premises to be licensed as an archery range shall
meet the safety specifications to the standard set forth for indoor
and outdoor ranges by the National Field Archery Association (NFAA).
One or more officers of the corporation, firm, association or club
shall provide to the Chief of Police documentation certifying that
the range meets the safety specifications set forth by the NFAA and
a copy of the range site plans. The Chief of Police shall review the
report and submit a recommendation with the application to the Council.
H.
Insurance requirements for shooting galleries, archery
ranges and other licensed shooting premises. No license will be issued
hereunder until the applicant shall have filed with the City Clerk
a policy of liability insurance, or evidence of the issuance thereof,
or evidence showing that insurance coverage to the extent set forth
hereafter is presently in existence, that would cover the operation
of each place of business or premises operated or maintained under
this section, said policy of insurance to insure the City and the
applicant, together with all licensees, invitees and the members of
any applicant, against liability for damages growing or arising out
of the operation of such shooting gallery, shooting range or archery
range.
[Amended 8-28-2007 by Ord. No. 2356]
(1)
Upon all premises used as an archery range, said policy
of insurance shall be in limits of $1,000,000 for injuries or death
of one person and $3,000,000 for the injuries or deaths of two or
more persons injured or killed in the same accident and to the extent
of $50,000 for the injury or destruction of property. Upon all premises
used as a shooting gallery, target shooting, trap and skeet shooting,
said policy of insurance shall be in limits of $1,000,000 for injuries
or death of one person and $3,000,000 for the injuries or deaths of
two or more persons injured or killed in the same accident and to
the extent of $50,000 for the injury or destruction of property.
(2)
If at any time said policy of insurance is canceled
or materially modified by the issuing company, or the authority of
such issuing company to do business in the State of Wisconsin is revoked,
the issuing company shall thereupon immediately notify the City Clerk
of these facts and the party to whom any license has been issued shall
immediately replace said policy with another satisfactory to the Council.
The license holder shall provide a certificate of insurance documenting
the aforementioned coverages as well as the requirements of this paragraph
to the City Clerk. In the event the license holder defaults in the
requirements of this paragraph, said license may be immediately revoked.
I.
Notice of injury or damage. The Police Department
shall be notified immediately upon the occasion of any personal injury
or property damage accident on any premises licensed under this section.
A.
No person shall operate any loudspeakers or sound-amplifying
devices in open-air theaters, places of amusement, upon the public
highways or elsewhere within the City without first obtaining a permit
therefor from the Chief of Police.
B.
Application for such permit shall be made in writing
to the Chief of Police, and if he is satisfied that such loudspeaker
and sound-amplifying device will be operated at such volume and be
so located as not to constitute a public nuisance, he may issue a
permit therefor.
C.
This section does not apply to public address systems
and sound amplifiers operated within buildings which are completely
enclosed so that the sound amplification does not cause disturbance
outside of the building.[1]
D.
Any amendment to a permit issued under this section
shall require Common Council approval. In the event that any amendment
to an existing permit is issued, City Clerk shall so advise the Chief
of Police of that change.
[Added 8-28-2007 by Ord. No. 2355]
[Amended 7-23-2002 by Ord. No. 2180; 3-8-2011 by Ord. No.
2413; 11-13-2012 by Ord. No. 2490]
A.
State regulations. Chapter 174, Wis. Stats., is made a part of this
section by reference.
B.
License required. Every owner of a dog which is more than five months
of age on January 1 of any year shall annually, at the time and in
the manner prescribed by law for the payment of personal property
taxes, obtain a license therefore. Wis. Stats. § 174.05.
C.
Fees. The owner shall pay to the City Clerk annually a fee as provided in § 152-2 of this chapter. In lieu of any other penalty, a late fee as provided in § 152-2 shall be assessed and collected pursuant to § 174.05, Wis. Stats., to any owner of a dog five months of age or over, if the owner failed to obtain a license prior to April 1 of each year, within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age.
D.
Issuance of license. Upon payment to the City of the required fee
and certification that the dog has not been declared dangerous in
another community, the City Clerk shall issue a license to keep the
dog for one year. The owner shall display the license tag provided
by the City Clerk upon the dog's collar. Displaying the tag on a collar
does not apply to a dog during competition or training, to a dog securely
confined indoors, to a dog while hunting, herding or controlling livestock
if it is under control of its owner, or a dog secured in a fenced
area. Wis. Stats. § 174.07.
E.
AT LARGE
DANGEROUS DOG
(1)
(2)
DOG
OWNER
POTENTIALLY DANGEROUS DOG
SEVERE BODILY HARM
Definitions: As used in this section, the following terms shall have
the meanings indicated:
The dog is:
Any dog which:
Has without provocation or extenuating circumstances as defined in § 152-10I, inflicted severe bodily harm on a human being or domestic animal; and/or
Has previously been classified as a potentially dangerous dog
and exhibits escalating behavior which endangers the safety of a human
or domestic animal.
Any domesticated canine (Canis familiaris).
Any individual that has the right of property in an animal
or who keeps, harbors, cares for, acts as its custodian or who knowingly
permits an animal to remain on or about his premises and/or property.
Any dog, without provocation or extenuating circumstances,
that menaces, chases, or displays threatening behavior which endangers
the safety of a person or domestic animal.
Bodily injury to a person or domestic animal, including,
but not limited to, a significant laceration or puncture wound, fracture
of a bone, a concussion or loss of consciousness, or loss of a tooth.
F.
Public nuisances. Owners shall exercise proper care and control of
their dogs to prevent them from becoming a public nuisance. Any violation
of this section shall be penalized by a fine.
(1)
Dogs shall not be allowed to run at large;
(2)
Unreasonable noise;
(3)
The owner allows a dog to defecate on public streets, walks, adjacent
private property, parks, or school property without immediately picking
up and properly discarding;
(4)
The owner allows the place where the dog is kept to become unsanitary
or to produce offensive odors or conditions in a habitual, consistent,
or persistent manner which annoys or offends the general sensibilities
of two or more households in the immediate neighborhood which is substantiated
by written complaints;
(5)
The dog shall not be tied to a leash which reaches within three feet
of a public walk;
(6)
Damages private or public property.
G.
Dangerous dog.
(1)
Designation of a dog as dangerous: any dog which, without provocation or extenuating circumstances as defined in § 152-10I, inflicts severe bodily harm on a person or domestic animal within the City of New Berlin, shall be considered a dangerous dog and shall be penalized by a fine. Upon an animal being declared dangerous in New Berlin or any other jurisdiction, the owner shall immediately comply with all the requirements in § 152-10G(3).
(2)
No person shall harbor, keep or maintain within the City limits of the City of New Berlin any dangerous dog not in compliance with this Subsection G.
(3)
The owner of a dangerous dog, as defined by this section, shall:
(a)
Provide that the dog be securely confined indoors or in a securely
enclosed and locked pen or structure, suitable to prevent the entry
of young children, designed to prevent the animal from escaping, and
designed so that the snout of the dog cannot protrude beyond the enclosure.
The owner must provide protection from the elements for the dog. Underground
fences are not sufficient to contain these dogs.
(b)
Be permitted to take the dog off the owner's premises if restrained
by a suitable lead not exceeding four feet in length and is under
the control of an able-bodied adult and muzzled to prevent it from
biting any person or animal.
(c)
Provide certification to the Clerk's office of the implantation
of an identification microchip and the associated number within three
business days of the incident.
(d)
Submit payment of an annual fee to the Clerk's office as provided in Chapter 152 (Licenses and Permits) to reflect the cost of administration and recordkeeping. The fee shall be valid for one calendar year, expiring on December 31 of each year.
(e)
Persons found in violation of the regulations for keeping a
dangerous dog shall be penalized by a fine.
(4)
A dangerous dog that runs at large or commits a repeat offense, as defined in § 152-10G(1), may be fined and/or impounded. Upon judgment of conviction in court, the dog shall be removed from the City and shall be addressed in accordance with the procedure and the standards set forth in Chapter 174 of the Wisconsin Statutes, which may include impoundment or euthanization.
H.
Potentially dangerous dog.
(1)
Any dog which, without provocation or extenuating circumstances, menaces, chases or displays threatening behavior which endangers the safety of a person or domestic animal shall be considered potentially dangerous and shall comply with the provisions of this Subsection H.
(2)
Said dog shall be securely confined indoors or in a securely enclosed
area or supervised by an able-bodied adult on a physical leash not
to exceed four feet. Underground fences are not sufficient.
(3)
After a period of 18 months without further incidents, the owner
may present proof of successful test completion of the American Kennel
Club Canine Good Citizen course to the Clerk's office to have the
designation removed.
(4)
The owner of said dog shall submit payment of an annual fee to the Clerk's office as provided in Chapter 152 (Licenses and Permits) to reflect the cost of administration and recordkeeping. The fee shall be valid for one calendar year, expiring on December 31 of each year.
(5)
Persons found in violation of the regulations for keeping a potentially
dangerous dog shall be penalized by a fine.
I.
Extenuating circumstances. Notwithstanding the other provisions of
this section, a dog shall not be deemed dangerous or potentially dangerous
for behavior under the following circumstances:
(1)
A dog utilized by law enforcement in performance of duties.
(2)
A dog defending itself, its young, its owner or any other person
from an attack.
(3)
Result of a willful trespass or attempt to commit a crime.
(4)
Harassing or engaging in conduct reasonably calculated to provoke
the dog to attack.
J.
Animal control.
(1)
Confinement of dogs. The Police Department or any other officer appointed
by the Council shall apprehend any dog running at large within the
City and confine the same in a designated facility.
(2)
Enforcement. The Council shall contract with a qualified entity which
shall apprehend and confine dogs in a designated facility and otherwise
assist in the enforcement of this section.
(3)
Disposition of unclaimed dogs. The keeper of the designated confinement
facility shall keep all dogs apprehended as provided herein for a
period of seven days at the designated facility, unless claimed sooner
by the owner or keeper. If any dog is not reclaimed by the rightful
owner within such time, the dog may be sold for the amount incurred
in the apprehending, keeping and caring for the dog or may be destroyed
in a proper and humane manner in accordance with the approved contract.
(4)
Owner to pay costs. The owner of any dog so confined may reclaim
the dog at any time before the same is disposed of, upon payment of
all costs and charges incurred in the apprehension, keeping and care
of the dog. Such fees shall be as set by the Common Council for the
apprehension and care of the dog, if such dog is reclaimed within
24 hours of apprehension. If the dog is reclaimed at any time after
24 hours of apprehension, up to and including the seventh day, the
fee shall be as set by the Common Council, plus any expenses for inoculations
or other medical treatment of the dog.
K.
School property. No owner, keeper or person in control of a dog shall
allow the dog on lands owned or used by the City public schools. This
prohibition shall not include disabled persons, as that term would
be defined by applicable state or federal law or regulation, whose
handicap requires the use of specially trained dogs, police K-9s,
nor dogs for approved on-site educational purposes.
L.
Penalties.
(1)
Forfeiture. Any person who violates this section shall be subject to a penalty as provided in § 1-18 of this Municipal Code. Each day a violation exists constitutes a separate violation and is punishable as such.
(2)
Owners who repeatedly violate the laws will be subject to increased
fines with each additional violation.
A.
Granted. The City does hereby grant unto the Milwaukee
Gas Light Company (Wisconsin Gas Company) of Milwaukee, Wisconsin,
its successors or assigns, a franchise under and pursuant to the terms
of § 66.0815, Wis. Stats., as a public utility to engage
in the distribution and sale to the public of manufactured or natural
gas in, upon and under the public streets and grounds within the corporate
limits of the City.
B.
Conditions.
(1)
This franchise is granted upon the condition that
the public utility shall obtain authorization from the Wisconsin Public
Service Commission in accordance with § 196.49, Wis. Stats.,
and no privileges shall be exercised under this franchise until such
authorization is obtained.
(2)
This franchise is granted upon the further condition
that the public utility company shall obtain a specific ruling from
the Public Service Commission or a court of competent jurisdiction
that the 1950 boundary agreement between the Wisconsin Natural Gas
Company and the Milwaukee Gas Light Company does not, as between the
companies, bar the Milwaukee Gas Light Company from operation in the
City.
C.
Rules and regulations. This franchise is subject to
the reasonable rules and regulations as the City Council may from
time to time prescribe and until otherwise changed by ordinance shall
be subject to the following regulations which the public utility accepts
as reasonable:
(1)
No work shall be performed and no opening or excavation
shall be made within the limits of any of the public streets, alleys
or public ways in the City without prior notification in writing to
the City or its designated representative before the performance of
the work, and no such work shall be done without a street occupancy
permit from the Board of Public Works.
(2)
All construction work, excavations, equipment and
other hazardous conditions in connection with such construction work
shall be properly barricaded and protected by the public utility with
suitable lights and signs so as to protect the traveling public upon
the public streets and highways at all times while work is in progress,
and the public utility agrees to indemnify and save harmless the City
of New Berlin against any claims, demands or liabilities arising out
of or caused by such construction work, excavation, equipment or hazardous
conditions, including court costs and attorneys' fees incurred in
the defense of such claims and including liability imposed by the
law under § 81.15, Wis. Stats.,[1] caused by the failure of the public utility to repair
or restore the highway to its former condition as hereinafter provided.
[1]
Editor's Note: Wis. Stats., § 81.15, was renumbered
to § 893.83(1) and amended by 2003 Act 214, § 136,
effective 1-1-2005.
(3)
Traffic shall not be shut off from travel over the
streets or highways of the City without express authority from the
City.
(4)
Upon completion of its work, the public utility shall
restore all streets and highways to their former condition and all
ditches and excavations shall be backfilled in accordance with the
regulations of the City.
(5)
Before laying any main or pipe or other installation
under the provisions of this section, the utility shall furnish the
City a plan showing the construction and the proposed location thereof
and upon completion of the work shall furnish the City completed drawings
showing the depth and location of its installations.
(6)
All pipelines and other installations shall be laid
so as to not interfere with the use of the highways by the public
or the use of the adjoining land by the owners thereof, and no trees
shall be cut, trimmed or removed without the consent of the owner
of the tree.
A.
PUBLIC DANCE
PUBLIC DANCE HALL
PUBLIC ENTERTAINER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes any dance or acts of entertainment to which admission
can be had by the public generally upon payment of a fee or by the
purchase, possession or presentation of a ticket or token, or in which
a charge is made for caring for clothing or other property, or any
other dance to which the public generally without restriction may
gain admission with or without payment of a fee, or any dance operated
for profit, or any dance or entertainment act offered by paid entertainers
upon any premises licensed for the sale of fermented malt beverages
or intoxicating liquor, whether or not any charge is made therefor.
Any structure, tent or outdoor area where any public dancing
is conducted or permitted, or any place at which classes in dancing
are held and instruction in dancing given for hire except where such
instruction for hire is limited to children not over 17 years of age.
"Public dance hall" shall include any premises licensed for the sale
of fermented malt beverages or intoxicating liquor where dancing by
the public is conducted or permitted.
A person who performs in the City for the entertainment of
other persons upon payment of a fee or salary for such entertainment
act.
B.
License required. No person, firm or corporation shall
use any premises within the City for a public dance or entertainment
act unless a license therefor shall have been granted by the Common
Council as hereinafter provided.
C.
Application for license. Application for a license
for operation of a public dance hall within the City shall be filed
with the City Clerk and accompanied by the fee fixed by this section
for such license. Such fee will be returned to the applicant if license
is denied. The application shall be in writing and set forth the following:
(1)
Name, age, residence, occupation and citizenship of
the applicant.
(2)
Location of the premises to be licensed.
(3)
Whether the applicant has been issued a public dance
hall license in the City within the two years prior to the present
application.
(4)
Location of premises under previous license.
(5)
Full detailed disclosure as to place, nature of the
offense and penalty imposed on any conviction of a violation of any
law of the United States, the State of Wisconsin or other states or
ordinance of the City within the two years prior to current application
date, or whether the applicant faces trial upon any such offenses
at the time of application.
(6)
Name and residence address of the person, firm or
corporation owning the premises for which license is applied.
D.
Processing of application. Upon receipt of application
the City Clerk shall forward it to the Committee of the Whole of the
Council within three days. The Committee of the Whole shall make such
examination of the information set forth in the application as it
may deem necessary to verify or confirm truthfulness. The Committee
of the Whole shall report the application and the facts of its inquiry
to the Council within 15 days of its receipt of the application from
the City Clerk.
E.
Classification of licenses. Licenses shall be nontransferable
and prepared on a license form as prescribed by the Council. They
shall be designated:
(1)
Class "A" license, required for the premises on which
a public dance is held where a charge is made for admission or where
admission is by means of the purchase, possession or presentation
of a ticket or token, or where the dance is advertised as a dance
and where musicians are employed to provide music for such dancing.
(2)
Class "B" license, required for the premises where
dancing is incidental to other business conducted on the premises
and where no charge or fee, either directly or indirectly, is made
for admission, and dancing is not advertised as such, and where there
are no musicians employed to furnish music for dancing.
(3)
"Special permit" license, granted to hold not more
than one public dance on a premises not licensed under a Class "A"
or Class "B" license.
G.
Exemptions from licensing requirements. Premises owned,
leased or otherwise under direct control of the school districts within
the City shall be exempt from the requirements of this section, provided
the dances or entertainment acts offered on such premises are offered
by persons who are active students within the New Berlin school system,
or under the direct sponsorship of school staff as a school function.
Attendance at such dances on such premises shall not be limited to
enrolled students but may include the invited public, provided sponsorship
is retained under control of the school boards.
H.
Supervision of licensed premises. The Chief of Police
shall supervise all licensed dance halls in such manner as he may
deem necessary for their proper operation.
I.
Rules and regulations. The following rules and regulations
shall govern the conduct, operation and management of all public dances
and entertainment acts:
(1)
No license shall be issued for a premises until it
shall be found that such premises is a safe and proper place to conduct
a public dance and that the structure is properly ventilated and supplied
with sufficient toilet conveniences.
(2)
Licensed premises shall be kept clean and sanitary
at all times and subject to municipal and state fire regulations.
(3)
No person who is the proprietor or manager of a licensed
premises, or who is in charge of any public dance, shall permit the
use of intoxicating liquor in violation of the law, or the presence
of intoxicated persons on such premises, or the presence of any child
of 17 years of age or less who is not accompanied by his parents or
legal guardian.
(4)
No public dancing shall be permitted, nor shall any
music be furnished or played, from 1:00 a.m. to 8:00 a.m. except when
such times are extended for the period from 2:00 a.m. to 8:00 a.m.
during daylight saving time periods and 3:00 a.m. to 8:00 a.m. on
January 1 of each year.
(5)
When a private dance is held on a licensed dance hall
premises, uninvited persons shall not be permitted to loiter on the
premises.
(6)
All public dance halls shall be kept well and sufficiently
lighted.
(7)
Conduct of entertainers.
(a)
Persons offering entertainment acts shall not
be under the influence of liquor or drugs.
(b)
Persons offering entertainment acts shall not
use language or gestures tending to provoke a breach of the peace.
(c)
Persons offering entertainment acts shall not
expose breasts or private parts of the body.
(d)
Female entertainers shall not solicit drinks
from the customers, nor shall female entertainers be permitted to
sit or stand at any bar where drinks are served or sold.
J.
Authority to close premises. The Chief of Police or
his representative shall order the premises closed, and all persons
present to vacate and leave the premises, whenever any provision of
the Code with regard to public dances is being violated, or whenever
any indecent acts shall be committed or when any disorders of a gross,
violent or vulgar character shall take place. Any such order given
to close or vacate a licensed premises shall be considered a temporary
measure for public safety and shall terminate after eight hours from
the time the order is given. The Chief of Police shall cause a report
to be made of each such order to vacate to the Committee of the Whole.
L.
Reinstatement of license after revocation or suspension.
(1)
Any public dance hall license revoked shall not be
reinstated for the same premises at the same location for six months.
(2)
Any license suspended under the provision of this
section shall have effect from the date the order is signed through
the consecutive number of days ordered for suspension.
(3)
Any public dance hall license revoked or suspended
shall be delivered forthwith to the City Clerk.
M.
The Chief of Police and police officers of the City
are recommended and selected as persons to supervise public dances,
and the Chief of Police shall make assignments of officers for the
supervision of public dances in such manner, and at such times, as
he may deem necessary and proper or upon request of a licensee for
the services of police officers to supervise a special event. When
New Berlin police officers are assigned such special duty at any public
dance as deemed necessary by the Chief of Police, or upon request
of the licensee, the cost of such police officers' time shall be the
rate of pay for senior patrolmen. The Chief of Police shall direct
an invoice to the licensee, detailing the number of officers and the
total hours of time and cost. The licensee shall make remittance directly
to the City Clerk.
N.
Nothing in this section shall be construed to prevent
the attendance of children under 17 years of age upon public dance
hall premises when public dances are not being held.
A.
Legislative declaration. The Common Council hereby
declares it necessary to regulate the owners of taxicabs and the drivers
thereof by license, under the authority of §§ 349.24
and 62.11(5), Wis. Stats.
B.
TAXICAB
TAXICAB BUSINESS LICENSE
TAXICAB DRIVER'S LICENSE
TAXIMETER
Definitions. The following terms, as they appear in
this section, shall have the following respective meanings:
A motor vehicle regularly engaged in the business of carrying
passengers for hire, not operated on a fixed route, and equipped with
a taximeter.
A license issued by the Common Council to a person, firm
or corporation having the ownership, control or use of one or more
taxicabs, and authorizing the operation thereof within the City of
New Berlin.
A license issued by the Common Council to the drivers of
taxicabs under the terms and provisions of this section and authorizing
the holder thereof to drive taxicabs licensed by the City.
A meter instrument or mechanical device attached to a taxicab,
by which the fare is mechanically calculated on the basis of distance
traveled and waiting time.
C.
Licenses required.
(1)
No taxicab owner shall operate or permit to be operated
his taxicabs within the City without first having secured a taxicab
business license.
(2)
No person shall drive a taxicab within the City without
having first obtained a taxicab driver's license.
(3)
Exception. No license shall be required under this
section either as to owner or driver for the operating or driving
of a cab licensed by another municipality which is only delivering
a passenger to a point in the City of New Berlin.
D.
Taxicab business license.
(1)
A taxicab business license shall authorize the operation
of taxicabs within the City under the terms and provisions of this
section and under other lawful conditions imposed by the Common Council.
(2)
Applications. Applications for taxicab business licenses
shall be on forms furnished by the City Clerk. They shall set forth
the name and business address of the applicant; his residence; length
of time a resident in his municipality; the type of license applied
for; the number of cabs to be operated in the business; a description
of each cab, including the motor and serial numbers, the make or model,
the year of manufacture, and such other pertinent identification information
as the Clerk shall require; the name of the insurance companies furnishing
the liability insurance required hereunder; if a partnership, the
names and addresses of all partners; if a corporation, the name and
address and place of incorporation and the name and address of all
officers and the corporate agent. Applications shall be addressed
to the Committee of the Whole. Applications should also show the experience
of the applicant in the transportation of passengers, the location
of proposed depots and terminals, the color of insignia to be used
to designate the vehicles of the applicant, any facts which the applicant
believes tend to prove that public convenience and necessity require
the granting of a license and the financial responsibility of the
applicant, including the amounts of all unpaid judgments against the
applicant.
(3)
Qualifications. Licensees must be of good moral character,
capable of meeting all the terms and requirements of this section,
financially responsible and capable of providing safe, reliable taxicab
transportation to serve the public convenience and necessity in the
City.
(4)
Agent required for corporation. Each corporate applicant
shall first appoint an agent who shall at all times have full authority
and control of that part of the taxicab business which is conducted
in the City. Such agent shall meet the qualifications of this section
and shall be personally responsible for any violations of this section
by the corporation. Substitution of successor agent may be only upon
written approval of the Mayor. Any corporate licensee which fails
to comply with this section shall forfeit its license.
(5)
Public hearing. Upon initial application being filed
for a taxicab business license, the City Clerk shall publish a notice
of public hearing in the official City newspaper. At least seven days
shall elapse between the date of publication and the date of the hearing.
The hearing shall be held before the Committee of the Whole. After
the hearing, and upon a determination that the applicant meets the
qualifications and other terms and provisions of this section, and
upon a finding that the public convenience and necessity requires
the issuance thereof, the Common Council shall issue the taxicab business
license. No license shall be deemed issued until the Clerk has actually
delivered the license certificate to the applicant.
(6)
License certificate. The license certificate shall
be upon forms prepared by the City Clerk. It shall contain the name
and address of the licensee, the date of issuance or renewal, and
the number of cabs for which issued.
(7)
License period. All licenses shall expire on July
1 of each year.
(8)
License fees. No license shall be granted or issued
until the fees as set by the Common Council have been prepaid to the
City.
(9)
License renewals. A license may be renewed annually
upon a showing by the taxicab business licensee that he continues
to comply with all terms of this section. A renewal application shall
be filed with the Clerk not later than May 15. Such application shall
contain a statement of any information differing from that filed in
any preceding application and any further information required to
give the Common Council a full and complete report on the applicant.
(10)
Common Council consent for transfer. No taxicab
business license may be sold, assigned, mortgaged or otherwise transferred
without the consent of the Common Council.
(11)
Council approval required to increase number
of cabs. No taxicab business licensed under this section shall increase
the number of taxicabs operated by it in New Berlin without the consent
of the Common Council.
(12)
Revocation. The Common Council may revoke or
suspend any license for violation of the terms of this section or
for conduct by any operator or his servants, agents or employees which
threatens the public safety, or which provokes or tends to provoke
violence or which defrauds or endangers any person or passenger, or
for failure to render adequate and timely service. Such revocation
or suspension shall be after a public hearing before the Common Council,
with at least 48 hours' notice thereof to be given the licensee, except
that the Chief of Police shall have the power of summary suspension
for 24 hours to preserve the public peace.
E.
Equipment, maintenance and insurance of vehicles.
(1)
Taximeter required. All taxicabs operated under this
section shall be equipped with taximeters fastened in such place as
to be readily visible to passengers at all times, day or night; after
sundown, the face of the taximeter shall be illuminated. Said taximeter
shall be operated mechanically by a mechanism of standard design and
construction, driven either from the transmission or from one of the
front wheels by a flexible and permanently attached driving mechanism.
It shall be sealed at all points and connections, which, if manipulated,
would affect its correct reading and recording. Each taximeter shall
have thereon a flag to denote when the vehicle is employed and when
it is not employed; and it shall be the duty of the taxicab driver
to throw the flag of such taximeter into a nonrecording position at
the termination of each trip. The taximeters shall be subject to inspection
from time to time by the Police Department and by the City Sealer.
Upon the discovery of any inaccuracy in any such taximeter, any police
officer or the City Sealer is authorized to notify the person operating
said taxicab to cease operation. Thereupon said taxicab shall be kept
out of service until the taximeter is repaired and in good working
condition.
(2)
Insurance. No taxicab owner's license shall be issued
until a certificate of liability insurance is filed with the City
Clerk showing insurance in force of $50,000/$100,000/$10,000 limits,
written by an insurance company licensed to do business in the State
of Wisconsin, and providing for 10 days' advance notice to the City
in the event of cancellation. Cancellation of insurance shall be cause
for immediate and summary suspension of the taxicab owner's license.
(3)
Marking of vehicles. Each taxicab shall bear on the
outside of each rear door in painted letters the name of the owner,
and, in addition, may bear an identifying design approved by the Common
Council.
(4)
Inspection. No person shall operate any taxicab in
the City which is mechanically unsafe, particularly in respect to
brakes, steering apparatus and tires. Any officer of the New Berlin
Police Department may inspect or cause to be inspected any taxicab
to determine whether it is safe for public hire. Refusal to permit
inspection shall be cause for suspension of the taxicab's or taxicab
driver's license.
(5)
Taxicabs must be kept clean. All taxicabs operating
under this section shall be kept in reasonably clean and sanitary
condition.
F.
Taxicab driver's license.
(1)
Application. Application for a taxicab driver's license
shall be on forms supplied by the City Clerk. It shall set forth the
applicant's full name, residence, places of residence for five years
prior to moving to his present address, age, color, height, color
of eyes and hair, place of birth, length of time a resident of the
City, whether a citizen of the United States, marital status, whether
ever convicted of a felony or misdemeanor and, if so, in which court,
whether previously licensed as a driver or chauffeur and, if so, whether
his license was revoked and for what cause. The application must be
signed by the applicant and a copy thereof forwarded to the Police
Department by the City Clerk.
(2)
Qualifications. Each applicant must be over 18 years
of age, of sound physique and good eyesight and not subject to epilepsy,
vertigo, heart trouble or other infirmity likely to render him unfit
for the safe operation of a taxicab. The applicant must be able to
read and write the English language, be clean in dress and person
and not addicted to the use of intoxicating liquors and drugs. The
applicant must be of good moral character.
(3)
Police investigation and report on applicant. The
Police Department shall take or cause to be taken the fingerprints
of the applicant and shall investigate his qualifications and fitness
to hold a taxicab chauffeur's license. The Chief of Police shall make
a written report on the applicant to the Committee of the Whole of
the Common Council.
(4)
Subsequent record to be kept by police. There shall
be kept in the office of the Chief of Police a complete record of
each license issued to a taxicab driver and of all renewals and revocations
thereof. Also contained therein shall be a record of each violation
of law by the licensee. Each new violation shall be reported to the
Committee of the Whole.
(5)
Photograph.
[Amended 8-28-2007 by Ord. No. 2355]
(a)
Each applicant must file with his application
two recent photographs of a size which may be readily attached to
the taxicab driver’s license, one of which shall be attached
to said license if issued, the other filed with the application. The
license shall be exhibited or displayed by the driver.
(6)
Fee. The fee for a taxicab driver's license, and for
each renewal thereof, shall be set by the Common Council.
(7)
Council to act on applications. The Committee of the
Whole shall report on taxicab driver's license applications. The Common
Council shall determine whether the applicant is qualified to hold
such license and, accordingly, shall proceed to grant or deny such
license.
(8)
Renewal. The Committee of the Whole shall have the
power to renew a taxicab driver's license from year to year upon receipt
of a renewal application and a showing that the holder thereof remains
qualified to hold said license.
(9)
Revocation. Taxicab driver's licenses may be revoked
or suspended at any time by the Committee of the Whole for violation
of this section or for other adequate cause. The Police Department
shall be notified of the Committee's action. Revocation shall take
effect only after the licensee has been given a hearing and an opportunity
to present evidence in his behalf.
G.
Regulations to be observed by taxicab driver.
(1)
License and badge to be exhibited. Each licensed taxicab
driver shall, upon demand of a policeman or passenger, exhibit his
taxicab driver's license together with the photograph attached. Further,
each taxicab driver shall constantly and conspicuously display his
badge on the outside of his coat or cap while he is engaged in his
employment.
(2)
Duty to render service. No person holding a taxicab
owner's license or a taxicab driver's license shall fail or refuse
to render service to an orderly person requesting service, provided
that this requirement shall not apply when the requested service would
be in violation of law, nor when mechanical failure, impassable roads
or barriers, strike or act of God prevent the rendition of such service,
nor when the prospective passenger is requested to tender and pay
the fare in advance and fails to do so.
(3)
Number of passengers. No person shall carry in any
taxicab a passenger or passengers in excess of the seating accommodations
in such cab, provided that an infant in arms shall not be deemed a
passenger within the meaning of this section.
(4)
No pickups after initial load. No taxicab driver,
after a taxicab has been hired by a passenger, or passengers traveling
together, shall pick up other persons along the route of destination.
No such driver shall solicit the permission of the passenger or passengers
first hiring the taxicab to pick up other persons.
(5)
No cruising. No taxicab driver shall engage in the
practice of cruising, i.e., repeatedly and persistently canvassing
the streets, or loitering upon said streets in such manner as to interfere
with the orderly movement of traffic or orderly ingress and egress
to public and private buildings. It is the purpose of this section
to prevent taxicab drivers from pursuing their business in such a
manner as to be a nuisance and from obstructing the orderly movement
of vehicular and pedestrian traffic.
(6)
Not to charge in excess of approved rates of fare.
It shall be unlawful to charge taxicab fares in excess of the fares
approved by the Common Council. Taxicab business licensees shall submit
fare schedules to the Council for approval.
(7)
Must comply with City and state laws. Each taxicab
driver licensed under this section must comply with all City, state
and federal laws. Failure to do so shall be cause for suspension or
revocation of license.
H.
Taxicab "wars" prohibited. No taxicab owner and no
taxicab driver shall engage in a taxicab "war" with competitors. Damage
to a competing taxicab or injury to a competing taxicab driver while
engaged in such practice shall be cause for suspension or revocation
of license. The Common Council shall determine violations of this
section. Any person obtaining or holding a license under this section
is deemed to have consented to the exercise of such power by the Common
Council and that the determination of the Council hereunder shall
be final and conclusive.
I.
Taxicab stands. Taxicab stands shall be established
at such place or places upon the streets of the City as determined
by the Common Council by appropriate ordinance or resolution. No vehicles
other than taxicabs shall occupy said stands.
J.
Passenger must pay fare. No person shall refuse to
pay the legal fare of any taxicab licensed under this section after
having hired the same, and no person shall hire any such taxicab with
intent to defraud the person from whom it is hired of the value of
such service.
K.
Police Department to enforce section. The Police Department
shall watch and observe the conduct of licensees under this section.
All violations shall be reported to the Committee of the Whole, which
Committee will order or take appropriate action.
A.
License required. Every person residing in the City
who owns, harbors or keeps a cat which is more than five months of
age on January 1 of any year shall annually, at the time and in the
manner prescribed by law for the payment of personal property taxes,
obtain a license therefor.
B.
Fees. The owner shall pay to the Director of Finance and Administration annually a fee as provided in § 152-2 of this chapter.
[Amended 7-23-2002 by Ord. No. 2180]
C.
Issuance of license. The application for such license
shall be made to the Director of Finance and Administration, who shall
execute and issue to the owner or keeper of the cat a license and
a durable tag with an identifying number, county in which issued and
the license year. The license year shall commence on January 1 and
end the following December 31. The owner or keeper of the cat shall,
upon procuring the license, place upon the cat a collar with the tag
furnished to him by the Director of Finance and Administration indicating
that the cat has been licensed as provided in this section.
[Amended 7-23-2002 by Ord. No. 2180]
D.
Regulation of cats. Any person who owns, harbors or
keeps any cat over the age of five months within the City shall:
(1)
Have a cat vaccinated against rabies and continue
with the vaccination as necessary to ensure that the cat is effectively
immunized against rabies at all times. At the time any owner or keeper
applies for a license for any cat provided in this section, the owner
or keeper shall exhibit a certificate from a veterinarian showing
that the cat in question is currently immunized against rabies.
[Amended 7-12-2011 by Ord. No. 2461]
(2)
Not permit any cat to be at large. Any police officer
or health officer may seize and cause to be impounded any cat found
at large.
(3)
Comply with Ch. 174, Wis. Stats., as though such statutes
were equally applicable to cats, except as the versions of Ch. 174
are modified or amended by this section.
A.
ALARM SYSTEM
FALSE ALARM
LOCAL ALARM
PERSON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any device designed for the detection of an unauthorized
entry on the premises, prohibited act or any emergency that alerts
a municipal organization of its commission or occurrence and when
actuated gives a signal, either visual, audible or both, or transmits
or causes to be transmitted a signal. This shall not include a device
designed solely to alert the occupants of a building of fire or smoke
on the premises or illegal entry.
A signal from an alarm system that alerts any municipal organization
of the City that results in an emergency response from that group
when a situation of emergency does not exist.
A system that gives a signal, either visual, audible or both,
on the exterior portion of the property, but does not leave that structure
by wire or radio wave to a control receiving location. This shall
not include a device designed solely to alert the occupants of a building
of fire or smoke on the premises or illegal entry.
Any individual, partnership, corporation or other entity.
B.
Permits.
(1)
Required. A permit shall be required for each alarm
system or local alarm on premises within the City on the effective
date of this section or installed after this effective date.
(2)
Fee. The fee for residential alarm systems shall be
established from time to time by the Council, and said fees shall
be on record in the City Clerk’s office. All other systems shall
have a one-time permit fee as set by the Common Council. Separate
fees shall be required for each system or function.
[Amended 1-17-2006 by Ord. No. 2291]
(3)
Time to acquire. Systems now on premises within the
City shall obtain a permit within 90 days after the effective date
of this section. Any alarm system installed after the effective date
of this section must have a permit before the system is installed.
C.
Requirements.
(1)
All installation and inspection maintenance fees shall
be paid by the permit holder.
(2)
All alarm system permit holders in the City shall
assure that a key holder will be notified and arrive at the scene
of the alarm within 30 minutes after the Police or Fire Department
has been notified that the alarm has been activated. This response
is necessary in order to reset or gain entrance to the building.
(3)
All local alarms within the City must have some type
of device attached to the alarm that will automatically shut the alarm
off after 15 minutes or have some other means of turning the alarm
off.
(4)
All alarm systems shall be equipped with functional
batteries in case of power failure.
D.
Prohibitions.
(1)
No person shall install an alarm system or local alarm
or use an operative alarm system or local alarm without having a permit
in accordance with the provisions of this section.
(2)
No person owning, using or possessing an alarm system
or local alarm shall cause or permit the giving off of repeated false
alarms, whether intentional, accidental or otherwise.
(3)
Certain alarm systems include a dialer so that when
the system is activated the dialer automatically dials the fire, police
or emergency services and repeatedly gives a recorded message. No
person shall have installed or operate such an automatic dialer that
selects a municipal emergency service trunk line going into a municipal
building. Any system in operation on the effective date of this section
shall be modified so that it is no longer in violation, or be disconnected
not later than 90 days after the effective date of this section.
E.
Revocation.
(1)
Hearing required. Before a permit issued pursuant
to this section may be revoked, a hearing must be held before the
Committee of the Whole of the City Council. Notice setting forth the
time, place and nature of the hearing shall be sent by mail, or delivered
to the permit holder at the address shown on the permit application,
not less than seven days prior to the hearing.
(2)
Grounds for revocation.
(a)
The application for a permit contains a statement
of material fact which is false.
(b)
The permit holder has repeatedly failed to comply
with the provisions of this section, whether caused by faulty equipment
or otherwise.
(c)
An alarm system, or local alarm, that repeatedly
actuates false alarms.
F.
Application, issuance of permit and appeal.
(1)
Issuing authority. The issuing authority shall be
the City Council of the City.
(2)
Application. Application for all permits required
under this section shall be filed in writing with the City Clerk.
The City Clerk shall prescribe the form of the application and request
any information that is necessary to evaluate and act upon the permit
application. The City Clerk shall deny a permit if the alarm system,
for which the permit is sought, does not comply with this section.
(3)
Information required. The permit shall contain the following information:
permit holder's name, date of birth, home address, e-mail address,
phone number, and address where alarm is installed, type of building
and use, type of system (silent, visual, audible or fire), manufacturer's
name and service company, and name, address, telephone number, and
e-mail address of individual to be notified in case of emergencies.
Upon issuance of each permit, the City Clerk's office shall forward
all records relating to such permit to the Police Department. The
Police Department shall annually review the permit records to determine
whether validly issued permits have been obtained by persons who have
alarm systems.
[Amended 2-13-2018 by Ord. No. 2599]
(4)
Appeal. Any person required by this section to have
a permit who has been denied such permit by the City Clerk shall have
the right to appeal that decision to the City Council.
G.
Miscellaneous provisions.
(1)
Limitations of liability. The City shall be under
no duty or obligation to a permit holder or to any other person of
any provision of this section. This liability includes, but is not
limited to, any defects in an alarm system or any delay in transmissions
or responses to any alarms.
(2)
Motor vehicles. The provisions of this section shall
not be applicable to audible alarms affixed to motor vehicles.
(3)
Nonapplication to municipal corporations. Subsections B, C and D of this section shall have no application to municipal corporations. All other provisions of this section shall apply to municipal corporations except those which have no application by virtue of the nonapplication of the above-named subsections.[1]
A.
Applicability. This section shall apply to the keeping
and harboring of pigeons for any purpose.
B.
LOFT
PIGEON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes any and all quarters in which pigeons are housed.
Includes any and all varieties and breeds of pigeons, having
official seamless identification or national bands, and the pigeons
are not to be identified or classified as fowl when raised or used
in the sport.
C.
Licensing and keeping of pigeons.
(1)
License required. No person shall harbor or keep any
live pigeon or pigeons within the City unless a license therefor has
been first obtained from the City Clerk. Such license shall entitle
the licensee thereof to keep pigeons under the terms and conditions
of this section.
(2)
Application for license. The City Clerk shall prescribe the form of application which shall include the name of the applicant, location and type of structure wherein such pigeons are to be kept and any other information which may be necessary for the enforcement of this section. Along with the request for such license, the applicant shall provide a plan showing the construction and relevant location of the loft on his property. The loft location shall conform to Chapter 80, Building Construction, Chapter 110, Erosion Control, Chapter 124, Fire Prevention, Chapter 141, Historic Preservation, Chapter 201, Property Maintenance, and Chapter 275, Zoning, of this Code regarding setbacks from lot lines and other zoning and building requirements. Upon approval by the Chief Building Inspector of the submitted loft plan, the City Clerk shall issue the license.
(3)
Term of license. Licenses issued under this section
shall be valid for the period of one year and may be renewed annually
upon payment of the fees herein set forth; provided, however, that
a license shall not be renewed or a new license issued to any licensee
or applicant whose license under this section has been revoked until
he has complied with all the provisions of this section and has given
the City Council satisfactory assurance of future compliance.
(4)
License fees. The fee for the license and renewal of the license herein provided shall be as provided in § 152-2 of this chapter, which amount shall be tendered with the application for the license.
(5)
Revocation of license. Pigeon lofts shall be subject
to periodic inspection by the City officials. If any licensee violates
any provisions of this section, the City may revoke the license.
(6)
Appeal. A person feeling aggrieved by any order under
this section may, within 20 days of the issuance of the order, appeal
to the Board of Appeals by serving a notice of appeal upon the City
Clerk and the Chief Building Inspector. The appeal shall be heard
and a time shall be set by the Board of Appeals not more than 30 days
nor less than five days after serving of the notice of appeal. The
City Clerk or the Board of Appeals shall notify all interested parties
of the time and place of the hearing at least 48 hours before the
time set for the hearing. The Board of Appeals may affirm, alter or
set aside any portion of the order appealed.
(7)
Conditions for keeping and maintaining pigeons. It
shall be deemed a violation of this section for any person to harbor,
keep or maintain pigeons upon other than the following conditions:
(a)
All premises on which such pigeons are kept
and maintained shall at all times be kept clean, free from filth,
garbage and such substances which attract rodents.
(b)
All pigeons shall be fed within the confines
of the loft or premises in which such pigeons are housed.
(c)
All grains and food stored for the use of such
pigeons shall be kept in rodent-proof containers.
(d)
All aviaries shall be completely enclosed with
wire netting or equivalent material that will prevent pigeons from
escaping the confines of the loft.
(e)
The outline of the loft to house such pigeons
shall be of such design to conform with the symmetry of existing buildings.
(f)
Housing of pigeons shall be permitted in the
second story of detached garages per plans approved by the Chief Building
Inspector.
(g)
Any loft housing pigeons shall be elevated a
minimum of six inches and a maximum of 12 inches above grade to ensure
freeway beneath the loft. Further, the loft shall rest upon concrete
piers, cement blocks or other suitable foundation material. Any loft
built expressly to house pigeons shall have a maximum height of nine
feet.
A.
ADULT BOOKSTORE
ADULT CABARET
ADULT ENTERTAINMENT
ADULT MINI MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
ADULT-ORIENTED ESTABLISHMENT
COUNCIL
OPERATORS
SPECIFIED ANATOMICAL AREAS:
SPECIFIED SEXUAL ACTIVITIES
Definitions. For the purpose of this section, the
following words and phrases shall have the meanings indicated:
An establishment having as its stock in trade for sale, rent,
lease, inspection or viewing books, films, video cassettes, magazines
or other periodicals which are distinguished or characterized by their
emphasis on matters depicting, describing or relating to specific
sexual activities or specified anatomical areas as defined herein
and, in conjunction therewith, have facilities for the presentation
of adult entertainment as herein defined, including adult-oriented
films, movies or live performances, for observation by patrons therein.
A cabaret which features topless dancers, strippers, male
or female impersonators or similar entertainers.
Any exhibition of any motion pictures, live performance,
display or dance of any type, which has as its dominant theme or is
distinguished or characterized by an emphasis on any actual or simulated
specified sexual activities or specified anatomical areas as herein
defined or the removal of articles of clothing or appearing partially
or totally nude.
An enclosed building with a capacity of fewer than 50 persons
used for presenting material having as its dominant theme or distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas
as herein defined for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
used for presenting material having as its dominant theme or distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas
as defined herein for observation by patrons therein.
Includes, but is not limited to, adult bookstores, adult
motion-picture theaters, adult mini motion-picture establishments
or adult cabaret, and further means any premises to which public patrons
or members are invited or admitted and which are so physically arranged
so as to provide booths, cubicles, rooms, compartments or stalls separate
from the common areas of the premises for the purposes of viewing
adult-oriented motion pictures or wherein an entertainer provides
adult entertainment to a member of the public, a patron or a member,
whether or not such adult entertainment is held, conducted, operated
or maintained for a profit, direct or indirect.
The City Council for the City of New Berlin, Wisconsin.
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
Simulated or actual:
B.
License.
(1)
Except as provided in Subsection B(4) below, from and after the effective date of this section, no adult-oriented establishment shall be operated or maintained in the city without first obtaining a license to operate issued by the City.
(2)
A license may be issued only for one adult-oriented
establishment located at a fixed and certain place. Any person who
desires to operate more than one adult-oriented establishment must
have a license for each.
(3)
No license or interest in a license may be transferred
to any person.
(4)
All adult-oriented establishments existing at the
time of the passage of this section must submit an application for
a license within 90 days of the passage of this section. If an application
is not received within such ninety-day period, then such existing
adult-oriented establishment shall cease operations.
C.
Application for license.
(1)
Any person desiring to secure a license shall make
application to the City Clerk. The application shall be filed in triplicate
with and dated by the City Clerk. A copy of the application shall
be distributed promptly by the City Clerk to the City Police Department
and to the applicant.
(a)
Chief of Police to conduct investigation of
applicants. Upon receipt of each application, the Clerk will refer
it immediately to the Chief of Police who will make and complete an
investigation of the statements in such application and an investigation
of each representative of the organization and each applicant within
reasonable dispatch after the application has been filed with the
Chief of Police. The Chief of Police shall endorse his findings upon
the application and deliver the application to the City Clerk.
(2)
The application for a license shall be upon a sworn
or affirmed application provided by the City Clerk. Each application
for a license shall identify all partners or limited partners of a
partnership applicant, all officers or directors of a corporate applicant
and all stockholders holding more than 5% of the stock of a corporate
applicant, or any other person who is interested directly in the ownership
or operation of the business and for each shall include the following
information:
(a)
Name and address.
(b)
Written proof that the individual is at least
18 years of age.
(c)
The address of the adult-oriented establishment
to be operated by the applicant.
(d)
An accurate and detailed plan or drawing depicting
interior walls, partitions and rooms, including rest rooms, and the
proposed use of each room.
(e)
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 5% of the stock in such corporation
and all officers and directors of the corporation and provide written
proof that each individual listed is at least 18 years of age.
(f)
If the applicant is a partnership, the application
shall specify the name and address of all partners or limited partners
and provide written proof that each individual listed is at least
18 years of age.
(3)
Within 21 days of receiving an application for a license,
the City Clerk shall notify the applicant whether the application
is granted or denied.
(4)
Whenever an application is denied, the City Clerk
shall advise the applicant in writing of the reasons for such action.
If the applicant requests a hearing within 10 days of receipt of notification
of denial, a public hearing shall be held within 10 days thereafter
before the Council as hereinafter provided.
(5)
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 refusal to submit to
or cooperate with any investigation required by this section shall
constitute an admission by the applicant that he is ineligible for
such license and shall be grounds for denial thereof by the City Clerk.
D.
Standards for issuance of license. To receive a license
to operate an adult-oriented establishment, an applicant must meet
the following standards:
(2)
If the applicant is a corporation:
(a)
All officers, directors and stockholders required to be named under Subsection C(2) shall be at least 18 years of age.
(b)
No officer, director or holder of 5% or more
of stock of the corporation shall have been found to have previously
violated this section within five years immediately preceding the
date of the application.
(3)
If the applicant is a partnership, joint venture or
any other type of organization where two or more persons have a financial
interest:
(a)
All persons having a financial interest in the
partnership, joint venture or other type of organization shall be
at least 18 years of age.
(b)
No person having a financial interest in the
partnership, joint venture or other type of organization shall have
been found to have violated any provision of this section within five
years immediately preceding the date of the application.
E.
Fees. A license fee as provided in § 152-2 of this chapter shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned.
F.
Display of license or permit. The license shall be
displayed in a conspicuous public place in the adult-oriented establishment.
G.
Renewal of license or permit.
(1)
Every license issued pursuant to this section will
terminate at the expiration of one 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 City Clerk. The application for renewal must
be filed not later than 60 days before the license expires. The application
for renewal shall be filed in triplicate with and dated by the City
Clerk. A copy of the application for renewal shall be distributed
promptly by the City Clerk to the City Police Department and to the
operator. The application for renewal shall be upon a form provided
by the City Clerk and shall contain such information and data given
under oath or affirmation as is required for an application for a
new license.
(2)
A license renewal fee as provided in § 152-2 of this chapter shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty as provided in § 152-2 shall be paid by an applicant who files for a renewal less than 60 days before the license expires. If the application is denied, 1/2 of the total fees collected shall be returned.
(3)
If the City Police Department is aware of any information
bearing on the operator's qualifications, that information shall be
filed in writing with the City Clerk.
H.
Revocation of license.
(1)
The Council shall refuse to issue or revoke a license
or permit for any of the following reasons:
(a)
Discovery that false or misleading information
or data was given on any application or material facts were omitted
from any application.
(b)
The operator or any employee of the operator
violates any provision of this section or any rule or regulation adopted
by the Council pursuant to this section; provided, however, that in
the case of a first offense by an operator where the conduct was solely
that of an employee, the penalty shall not exceed a suspension of
30 days if the Council 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.
(c)
The operator becomes ineligible to obtain a
license or permit.
(d)
Any cost or fee required to be paid by this
section is not paid.
(2)
The Council before revoking or suspending any license
or permit shall give the operator at least 10 days' written notice
of the charges against him and the opportunity for a public hearing
before the Council as hereinafter provided.
(3)
The transfer of a license or any interest in a license
or the transfer of controlling interest in a partnership or corporation
shall automatically and immediately revoke the license.
(4)
Any operator whose license is revoked shall not be
eligible to receive a license for one year from the date of revocation.
If an operator's license is revoked, such revocation shall apply to
all of the operator's locations. No location or premises for which
a license has been issued shall be used as an adult-oriented establishment
for six months from the date of revocation of the license.
I.
Physical layout of adult-oriented establishment. Any
adult-oriented establishment having available for customers, patrons
or members any booth, room or cubicle for the private viewing of any
adult entertainment must comply with the following requirements:
(1)
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.
(2)
Construction. Every booth, room or cubicle shall meet
the following construction requirements:
(a)
Each booth, room or cubicle shall be separated
from adjacent booths, rooms and cubicles and any nonpublic areas by
a wall.
(b)
Have at least one side totally open to a public
lighted aisle so that there is an unobstructed view at all times of
anyone occupying same.
(c)
All walls shall be solid and without any openings,
extended from the floor to a height of not less than six feet and
be light colored, nonabsorbent, smooth textured and easily cleanable.
(d)
The floor must be light colored, nonabsorbent,
smooth textured and easily cleanable.
(e)
The lighting level of each booth, room or cubicle,
when not in use, shall be a minimum of 10 footcandles at all times
as measured from the floor.
(3)
Occupants. Only one individual shall occupy a booth,
room or cubicle at any time. No occupant of same shall engage in any
type of sexual activity, cause any bodily discharge or litter while
in the booth. No individual shall damage or deface any portion of
the booth.
J.
Responsibilities of the operator.
(1)
Every act or omission by an employee constituting
a violation of the provisions of this section shall be deemed the
act or omission of the 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.
(2)
Any act or omission of any employee constituting a
violation of the provisions of this section shall be deemed the act
or omission of the operator for purposes of determining whether the
operator's license shall be revoked, suspended or renewed.
(3)
No employee 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.
(4)
The operator shall maintain the premises in a clean
and sanitary manner at all times.
(5)
The operator shall maintain at least 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 footcandle of illumination
in such aisles as measured from the floor.
(6)
The operator shall ensure compliance of the establishment
and its patrons with the provisions of this section.
K.
Administrative procedure and review. Chapter 227,
Wis. Stats., concerning contested cases, shall govern the administrative
procedure and review regarding the granting, denial, renewal, nonrenewal,
revocation or suspension of a license.
L.
Exclusions. All private and public schools as defined
in Ch. 115, Wis. Stats., located within the City are exempt from obtaining
a license hereunder when instructing pupils in sex education as part
of their curriculum.
M.
Penalties and prosecution.
(1)
Any person who is found to have violated this section
shall be fined a definite sum not exceeding $1,000 and the operator's
license shall be subject to revocation.
(2)
Each violation of this section shall be considered
a separate offense and any violation continuing more than one day
shall be considered a separate offense.
N.
Enforcement. The City Police Department or any of
its inspectors shall have the authority to enter any adult-oriented
establishment at all reasonable times to inspect the premises and
enforce this section.
A.
Purpose. This section is intended to regulate massage
therapists and massage therapy businesses in a manner which ensures
that only approved procedures of body massage are performed.
B.
BODYWORKER
LICENSEE
MASSAGE
MASSAGE BUSINESS
MASSAGE THERAPISTS
MASSAGE THERAPY OR BODYWORK:
PERSON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any person who engages in massage therapy or bodywork.
The owner or operator of a massage business.
Holding, positioning, rocking, kneading, compressing, decompressing,
gliding or percussing the soft tissue of the human body and applying
friction to soft tissue.
Any business having a permanent location where any person,
firm, association or corporation engages in the practice of massage
as that term is defined herein.
Persons who have completed at least 100 classroom hours of
instruction in the practice of massage therapy or bodywork or have
practiced massage therapy or bodywork for compensation for at least
two years during the five-year period immediately preceding the date
of application. Evidence of completion of hours of instruction shall
be satisfied upon receipt by the City Clerk of a certified copy of
the applicant's academic transcript directly from the educational
institution.
Any individual, partnership, firm, association, joint-stock
company, corporation or combination of individuals who have formed
a business relationship for the purpose of operating a massage business.
C.
Exemptions. This section shall not apply to the following
individuals while engaged in the personal performance of the duties
of their respective professions:
(1)
Medical doctors, doctors of chiropractic medicine,
doctors of osteopathy, physical therapists, physicians' assistants
or nurses who are duly licensed to practice their respective professions
in the State of Wisconsin.
(2)
Barbers and beauticians who are duly licensed under
the laws of this state, except that this exemption shall apply solely
to the massage of the neck, face, scalp, hair, hands and feet of their
clients.
(3)
Coaches and trainers employed by accredited high schools,
colleges, or amateur, semiprofessional or professional athletic teams
and acting within the scope of their employment.
(4)
Hospitals or licensed nursing homes or persons working
within hospitals or licensed nursing homes who administer massage
therapy under the direct supervision and control of the hospital or
licensed nursing home administration, as the case may be.
D.
Preemption by state law. This section is not intended
to preempt state statutes which license and regulate the services
offered by massage therapists or bodyworkers. More specifically, local
ordinances found in this section will not apply where registration
and licensing has been obtained by massage therapists or bodyworkers
pursuant to the provisions of Wisconsin Statute §§ 146.81(1)(hp),
180.1901(1m)(ag) and Chapter 460 of the Wisconsin Statutes.
[Amended 6-27-2006 by Ord. No. 2312]
E.
License required for massage businesses. It shall
be unlawful for any person to engage in, conduct, carry on, or permit
to be engaged in, conducted, or carried on, in or upon any premises
in the City, the operating of a massage business as herein defined,
without first having obtained an occupancy permit or any other permit
required under the Code and a license for a massage business from
the City as provided under this section.
F.
License and filing fee for massage businesses.
(1)
Every applicant for a license to maintain, operate,
or conduct a massage business shall file an application with the City
Clerk. The nonrefundable fee for the initial license shall be adopted
by the Common Council and is on file in the office of the City Clerk.
The initial fee is for an individual applicant or an applicant corporation
with no more than three shareholders or an applicant with no more
than three named lessees. An additional fee shall be assessed for
each additional shareholder and lessee.
(2)
Within 10 days from the filing of an application,
the City Clerk shall refer copies of such application to the Building,
Inspection and Zoning Department and Police Department. The appropriate
departments shall, within 30 days of referral by the City Clerk, inspect
the premises proposed to be operated as a massage business, investigate
the information contained in the application and make written recommendations
to the City Clerk concerning compliance with City codes and federal
or state law, as may be applicable.
(3)
Within 14 days of receipt of the recommendation from
the aforesaid departments, the City Clerk shall notify the applicant
in writing that the application has been granted, denied, or held
for further review. The period of such additional review shall not
exceed an additional 30 days unless otherwise agreed to by the applicant.
Upon the conclusion of such additional review, the City Clerk shall
notify the applicant in writing whether the application is granted
or denied.
(4)
Whenever an application is denied or held for further
review, the City Clerk shall advise the applicant of the reasons for
such action. An application may be denied by the City Clerk if it
is found that:
(a)
The operation of the massage business, as proposed
by the applicant, if permitted, would not comply with the applicable
federal, state or local ordinances, rules or regulations, including
but not limited to, the building, fire or zoning code of the City;
or
(b)
The applicant and/or any other person who will
be directly or indirectly engaged in the management and operation
of a massage business has been convicted of:
[1]
A felony or misdemeanor conviction for bodily
harm; or any offense involving sexual misconduct including, but not
limited to, prostitution, soliciting for a prostitute, keeping a place
of prostitution or other offenses involving moral turpitude, provided
that such conviction substantially relates to the licensed activity.
[Amended 6-27-2006 by Ord. No. 2312]
[2]
A misdemeanor or ordinance violation based upon
conduct or involvement in the massage business or similar or related
business activity within the City or any other City, village or Town,
or had a massage business license denied, revoked or suspended by
the City, or any other jurisdiction; or
(c)
The applicant has made any material misstatement
in the application for a license.
(5)
The City Clerk, at his or her discretion, may issue a massage business license to any person convicted of any of the crimes enumerated in Subsection F(4)(b)[1] and of this section if he or she finds that such conviction occurred at least 10 years prior to the date of application, the applicant has had no subsequent convictions, and the applicant has shown evidence of rehabilitation sufficient to warrant the public trust.
(6)
The failure or refusal of the applicant to promptly
give any information relevant to the investigation of the application,
or the applicant's refusal or failure to appear at any reasonable
time and place for examination under oath regarding said application,
or the applicant's refusal to submit to or cooperate with any inspection
required by this section shall constitute an admission by the applicant
that the applicant is ineligible for such license and shall be grounds
for denial thereof.
G.
Appeal process. The denial of the City Clerk with
regard to the issuance or renewal of any license under this section
shall be reviewable by the Common Council upon the written request
of the applicant filed with the Clerk within 10 days of such denial.
The Common Council shall conduct a hearing to review the material
provided the City Clerk, or any other City department or employees
or witnesses. The applicant may present any evidence relevant to the
denial. The decision of the Common Council shall be provided in writing
to the applicant not more than 15 days after conclusion of the hearing.
H.
Massage business license application.
(1)
The application for a license to operate a massage
business shall state the proposed number of employees, hours of operation,
the business, name, address and telephone number of the business,
and other relevant matters to the operation of business.
(2)
In addition to the foregoing, all applicants for a
license, including any individual person, any partner of a partnership
applicant, or any officer or director of a corporate applicant and
any stockholder holding more than 7% of the shares of stock of a corporate
applicant, shall furnish, under oath as may be applicable, the following
information:
(a)
Full name and any other names used by the applicant,
current residential address, and current telephone number;
(b)
Written proof that the person making application
and all other persons involved, directly or indirectly, in the massage
business are at least 18 years of age;
(c)
Date of birth;
(d)
Social Security number;
(e)
Driver's license number;
(f)
The business, occupation, or employment of the
applicant for the three years immediately preceding the date of application;
(g)
The massage or similar business license history
of the applicant; whether such person, in previously operating in
this or another village, City or state under license, has had such
license revoked or suspended, the reason therefor, and the business
activity or occupation subsequent to such action of suspension or
revocation;
(h)
All criminal or ordinance violation convictions
in any state or federal court, or municipal court, except minor traffic
violations;
(i)
If the applicant is a corporation, or limited
liability company, a copy of its articles of incorporation and/or
authorization to do business in the State of Wisconsin, issued not
less than 30 days prior to the date of application and which by the
State of Wisconsin shall be attached to the application;
(j)
The applicant's tax identification number;
(k)
The current street and mailing address and current
telephone number of the corporation, limited liability company or
partnership;
(l)
Evidence of malpractice liability insurance
coverage in an amount that is not less than $1,000,000 per occurrence
and $1,000,000 for all occurrences in one year;
(m)
The current name, current street and mailing
address, and current telephone number of the landlord or property
owner of the property from which the massage business will be conducted;
(n)
A copy of the list of the board of directors
of the corporate applicant;
(o)
Authorization by the applicant that the City,
its agents and employees may seek information and conduct an investigation
into the truth of the statements set forth in the application and
the qualifications of the applicant for the license; and
(p)
Written declaration by the applicant or its
authorized agent, under penalty of perjury, that the information contained
in the application is true and correct, said declaration being duly
dated, signed and notarized.
(3)
The application for a license to operate a massage
business shall state the current name(s), current street address(es),
and current telephone number(s) of the individual(s) who will be the
business' massage therapist(s) or who are sublessees of the applicant.
I.
Massage therapist license. Any person, including an
applicant for a massage business license who engages in the practice
of massage as herein defined, shall file an application for a massage
therapist license with the City Clerk unless said person is exempt
from these license requirements as otherwise provided for hereunder.
The fee for the initial license shall be adopted by the Common Council
and on file in the office of the City Clerk. A sole proprietor with
no employees who sublets space from a licensed massage business does
not need a separate massage business license. The City Clerk shall
have 30 days to investigate the information contained in the application
and the background of the applicant. Upon completion of the investigation,
the City Clerk shall grant the license, if, in addition to the finding
that the applicant will work in any business which has been granted
a license under this section, the following requirements have been
met:
[Amended 6-27-2006 by Ord. No. 2312]
(1)
The application contains the following information:
(a)
Full name and any other name used by the applicant;
(b)
Current residential street and mailing address;
(c)
Date of birth;
(d)
Social Security number;
(e)
Driver's license number;
(f)
Previous employment history as a massage therapist
during the last five years;
(g)
A complete statement of all convictions of the
applicant for any criminal violation, or violation of a local ordinance
within 10 years of the application, except minor traffic violations;
and
(h)
Telephone number.
(2)
Written evidence that the applicant is at least 18
years of age.
(3)
Two current photographs of the applicant measuring
two inches by two inches.
(5)
The educational and/or work experience requirements enumerated in the definition of "massage therapists" in Subsection B of this section.
(6)
Evidence of malpractice liability insurance coverage
in an amount that is not less than $1,000,000 per occurrence and $1,000,000
for all occurrences in one year or, in the alternative, evidence that
the applicant is listed as an insured party under the liability policy
of the licensed massage business by whom the applicant will be employed.
(7)
Attestation that the applicant has not been convicted
of an offense which substantially relates to the licensed activity
involving the use of force and violence upon the person of another
that amounts to a felony, an offense involving sexual misconduct,
or an offense involving narcotics, drugs, controlled substances or
weapons.
[Amended 6-27-2006 by Ord. No. 2312]
(8)
Authorization by the applicant that the City, its
agents and employees may conduct an investigation into the truth of
statements set forth in the application for a license.
(9)
Written declaration by the applicant, under penalty
of perjury, that the information contained in the application is true
and correct, said declaration being duly dated, signed and notarized.
J.
Renewal of license. Application to renew a license
to operate a massage therapy business or massage therapist's license
shall be filed at least 45 days prior to the date of expiration. Such
renewal shall be made annually for the business and for the therapist,
and shall be accompanied by the annual license renewal fee, which
shall be adopted by the Common Council and on file in the office of
the City Clerk.
(1)
The applicant shall present the following information
to the City Clerk's office: a sworn affidavit by the applicant stating
that the matters contained in the original application have not changed,
or, if they have changed, specifically stating changes which have
occurred.
K.
Revocation or suspension of license. Any license issued
for a massage business or for a massage therapist may be revoked or
suspended by the City of New Berlin after notice and a hearing before
the Common Council, for good cause, including but not limited to any
case where any of the provisions of this section are violated or where
any employee of the licensee, including a massage therapist, engages
in any conduct which violates any of the state or local laws or ordinances
at the licensee's place of business and the licensee has actual knowledge,
constructive knowledge or should have had such knowledge by due diligence.
L.
Operating requirements.
(1)
Massage therapists shall refrain from sexual conduct
with a patron regardless of whether the patron initiates the action.
(2)
The licensee or person designated by the licensee
of a massage business shall maintain a register of all persons employed
at any time as massage therapists. Said register shall be available
at the massage business to representatives of the City of New Berlin
during regular business hours.
(3)
No operator of a massage business may employ or allow
to operate in his premises any person as a massage therapist or bodyworker
unless said employee has obtained and has in effect a massage therapist
license issued by the City or who is exempted from said licensing
requirements by the terms of this section.
(4)
No massage business shall be kept open for any purpose
between the hours of 10:00 p.m. and 6:00 a.m.
(5)
The doors to the business and to the individual massage
therapy rooms shall not be locked or blocked or obstructed from either
side during business hours.
(6)
As a condition of the license, the licensee must permit
City employees, without notice, to inspect the premises at any time
during business hours.
(7)
Every massage therapist performing off-site massage
therapy shall carry his or her license with him or her.
M.
Display and transfer of license. Every licensee shall
display a valid license in a conspicuous place within the massage
business so that the same may be readily seen by persons entering
the premises. No license for the operation of a massage business issued
pursuant to the provisions of this section shall be transferable from
one person or entity to another person or entity. The sale or transfer
via one or more transactions of an interest of 50% or greater from
the date of application in a massage therapy business shall cause
a license to become null and void. A new application shall be made
by any person desiring to operate or maintain a massage therapy business.
N.
Public nuisance. Any building used as a massage therapy
business in violation of this section with the intentional, knowing,
reckless or negligent permission of the owner of the business or building
where said business is located is hereby declared to be a nuisance,
together with all fixtures and other property used in violation of
this section.
[Added 7-25-2006 by Ord. No. 2315]
A.
Amusement license. Any nonresidential premises in
which amusement devices are offered for use by patrons shall obtain
an amusement license for said devices. For purposes of this section,
amusement devices shall include but not be limited to: electronic
games, pool tables and jukeboxes. The fee for each amusement device
shall be established from time to time by the Common Council by resolution.
Any premises with 11 or more amusement devices shall provide evidence
of a use approval having been given by the City of New Berlin Plan
Commission for an arcade before such license shall be issued.
B.
Coin machine license. No one may operate a coin machine
in the City of New Berlin unless they obtain an annual license to
permit that activity. The cost of the license shall be established
by action of the Common Council by resolution from time to time.
C.
Amusement distributor/vendor license. No one may distribute,
lease and/or sell amusement devices within the City of New Berlin
without an annual license to do so. The cost of said license shall
be established from time to time by action of the Common Council by
resolution.
[Added 12-11-2007 by Ord. No. 2369]
A.
Purpose. This section adopts the State of Wisconsin
Weights and Measures Regulations and establishes a Weights and Measures
Program wherein any person or entity subject to said regulations must
obtain a license in order for the City to comply with and recoup the
costs of enforcing said regulations. This section is adopted pursuant
to the provisions of Chapter 98, Wis. Stats.
B.
Application of state codes. Except as otherwise specifically
provided in this section, the provisions of Chapter 98, Wis. Stats.,
Weights and Measures, and Chapters ATCP 90, 91 and 92 of the Wisconsin
Administrative Code are hereby adopted and by reference made a part
of this section as though fully set forth herein. Any act required
to be performed or prohibited by any statute or code incorporated
herein by reference is required or prohibited by this section. Any
future amendments, revisions or modifications of the statutes and
codes incorporated herein are intended to be made a part of this section.
C.
State contract; appointment of inspectors; compliance
required.
(1)
State contract. In order to assure compliance with
the requirements of the State of Wisconsin related to the inspection
and certification of weights and measures, the City shall contract
with the State of Wisconsin Department of Agriculture, Trade and Consumer
Protection, pursuant to § 98.04(2), Wis. Stats., in lieu
of the establishment of a department of weights and measures.
(2)
Appointment of inspectors. The provisions of the contract set forth in Subsection C(1) shall provide for the enforcement of the statutes and regulations set forth herein, and the City hereby grants the authority and duties of sealers and inspectors required by this section to the State of Wisconsin Department of Agriculture, Trade and Consumer Protection.
(3)
Compliance required. All persons and entities required
to be licensed hereunder shall comply with the enforcement of the
statutes and regulations set forth herein, shall comply with the orders
and inspections of the inspectors appointed herein, and shall comply
with the licensing requirements set forth herein.
D.
WEIGHTS AND MEASURES
WEIGHTS AND MEASURES PROGRAM
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Weights and measures of every kind, instruments and devices
for weighing and measuring, and any appliances and accessories used
with any or all such instruments and devices, except meters for the
measurement of electricity, gas (natural and manufactured) or water
when the same are operated in a public utility system. Weights and
measures shall include devices used or employed in establishing the
size, quantity, extent, area or measurement of quantities, things,
produce or articles for sale, hire or award, or in computing any basic
charge or payment for services rendered on the basis of weight or
measure and shall include, but not be limited to, commodities, liquid
measuring devices, scales, weighing, measuring and price verification
systems, timing devices and linear measuring devices.
The program that includes administration and enforcement
of this section; Chapter 98, Wis. Stats.; applicable Wisconsin Administrative
Code provisions; and any related actions.
E.
Weights and measures license required.
(1)
License requirements. Except as provided in Subsection E(2), no person or entity shall use, operate or maintain any commercial weights and measures as defined in this section unless the person or entity is licensed by a weights and measures license issued pursuant to the provisions of this section.
(2)
Exemptions. Sales by a person registered as a direct
seller or by a holder of a farmer's market, vendor vehicle or special
event permit are exempt from licensing under this section, but if
any person exempted herein is required by the state to hold a state
certificate of examination by the Sealer of Weights and Measures,
a copy of said certificate shall be provided to the City with his
or her application for direct seller registration or a farmer's market,
vendor vehicle or special events permit.
F.
Application for license. An application for a weights
and measures license shall be made in writing on a form provided by
the City Clerk and shall be signed by the owner of the commercial
business or by its authorized agent. Such application shall state
the type of the business, the type and number of weighing, measuring
and scanning devices used by the business, the location of the devices,
the number of check-out lanes present on the premises, the applicant's
full name, post office address and telephone, and whether such applicant
is an individual, partnership, limited liability company, corporation
or other entity. If the applicant is a partnership, the application
shall state the names and addresses of each partner. If the applicant
is a corporation or limited liability company, the application shall
state the names and addresses of all members, officers and agents
of the applicant, including the registered agent thereof.
G.
Issuance of licenses and fees. Upon compliance with
this section, the City Clerk shall issue a license to the applicant
upon payment of the annual license fee set by the Common Council.
Each store or other business shall require a separate license.
H.
License term.
(1)
A license issued under this section shall expire on June 30 of each year. Except as provided in Subsection H(2), the license fee shall not be prorated for a partial year.
(2)
The initial license issued to businesses existing
on the effective date of this section shall be for six months, effective
on January 1, 2008, and expiring on June 30, 2008, and the license
fee shall be prorated.
I.
Enforcement for nonrenewal. It shall be the duty of
the City Clerk to notify appropriate City officials and to order the
immediate enforcement of the provisions of this section in cases involving
a failure to renew a weights and measures license. A licensee shall
be prohibited from engaging in any business involved in weights and
measures until such time as a valid license has been obtained under
the provisions of this section.
J.
Fees assessment.
(1)
Annual assessment. The Common Council shall annually
assess fees to each licensee based on the number and type of weights
and measures devices it operates as of the date of licensure or the
date of renewal. The total of the fees assessed and collected under
this subsection shall not exceed the actual costs of the weights and
measures contract between the City and the state.
(2)
Clerk to prepare assessment schedule. The City Clerk
shall at least annually prepare a proposed schedule of assessments
which shall be based upon the state contract charges and the number
of weights and measures devices being operated, which schedule shall
be submitted to the Common Council. A copy of the proposed schedule,
together with notice of the date and time at which the Common Council
will consider the assessments, shall be mailed to each licensee.
(3)
Common Council to determine assessment. Not less than 10 days after the mailing set forth in Subsection J(2), the Common Council shall consider the Clerk's proposed schedule of assessments and determine the schedule of assessments on a reasonable basis. The City Clerk shall mail to each licensee an invoice for the amount of the fee assessment to the licensee as determined by the Common Council, and each licensee shall pay the fee assessed within 30 days after the date the notice is mailed.
(4)
Failure to pay assessment. If the assessed fee is
not paid within 30 days of the date of the mailing of the invoice,
an additional administrative collection charge of 10% of the total
assessment shall be added to the amount due, plus interest shall accrue
on the assessment at the rate of 1.5% per month or fraction thereof
until paid. To the extent permitted by law, if the licensee is the
owner of the real estate where the licensed business is located, any
delinquent assessment shall be extended upon the current or the next
tax bill as a special charge against the real estate premises for
current services. No license shall be issued or renewed under this
section if the licensee is delinquent in the payment of a fee assessed
under this section.
(5)
Mailing of notices. Schedules, notices and invoices
shall be considered mailed to a licensee when mailed by first class
mail, postage prepaid, to the licensee at the licensee's address as
shown on the application form.
(6)
Change of ownership. If the ownership of a commercial
business licensed under this section is transferred during a license
year, the owner of the business as of July 1 of the license year shall
be liable and responsible for the payment of the fees assessed under
this section.
[Added 1-8-2013 by Ord. No. 2498]
A.
State statutes adopted; exceptions.
(1)
State statutes adopted. The provisions of § 134.71, Wis Stats., relating to secondhand dealers, are hereby adopted and made a part of this section by reference, with the exceptions set forth in Subsection A(2) and (3). Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this section in order to secure uniform regulation. A violation of such provision shall be a violation of this section.
(2)
As part of the license application procedure required under § 134.71,
Wis Stats., anyone making application shall also furnish to the City
the name, age, race, date of birth and address of all employees.
(3)
Each license for a secondhand article dealer shall be valid from
January 1 to the following December 31.
B.
Definitions.
(1)
ARTICLE
BILLABLE TRANSACTION
CHARITABLE ORGANIZATION
CUSTOMER
GOLD AND SILVER BULLION
NORTHEASTERN WISCONSIN PROPERTY REPORTING SYSTEM (NEWPRS)
REPORTABLE TRANSACTION
SECONDHAND
SECONDHAND ARTICLE DEALER
When used in this section, the following definitions shall apply:
Any of the following objects:
Every reportable transaction conducted by a person or entity
who purchases secondhand articles for resale.
Has the meaning specified in § 134.71(1)(am) of
the Wisconsin Statutes.
A person with whom a transaction is conducted by a secondhand
article dealer for the purchase, sale, consignment, receipt or exchange
of any secondhand article.
Gold or silver in the form of bars, ingots, or plates.
The Northeast Wisconsin Property Reporting System (NEWPRS)
is a secure Web-based database to electronically manage and store
purchases of secondhand articles.
Every transaction conducted by a secondhand article dealer
in which an article or articles are received by a secondhand article
dealer through purchase, consignment, or trade, or in which a previous
agreement is renewed, extended, voided, or redeemed, or for which
a unique transaction number or identifier is generated by their point-of-sale
software, or an item is confiscated by law enforcement, except: the
bulk purchase or consignment of new or used articles from a merchant,
manufacturer, or wholesaler having an established permanent place
of business, and the subsequent retail sale of said articles, provided
that the secondhand article dealer must maintain a record of such
purchase or consignment that describes each item, and must mark each
item in a manner that relates it to that transaction.
Property owned by any person except a wholesaler, retailer,
or licensed secondhand article dealer immediately before the transaction
at hand.
A person or entity who purchases or receives on consignment
any secondhand article for the purpose of resale.
(2)
A person is not acting as a secondhand article dealer when engaging
in any of the following:
(a)
Any transaction at an occasional garage or yard sale, or an
estate sale.
(b)
Any transaction entered into by a person engaged in the business
of junk collector, dealer, or scrap processor, as described in § 70.995(2),
Wis Stats.
(c)
Any transaction while operating as a charitable organization
or conducting a sale, the proceeds of which are donated by a charitable
organization.
(e)
Any transaction as a purchaser of a secondhand article from
a charitable organization if the secondhand article was a gift to
the charitable organization, or as a seller of a secondhand article
that the person bought from a charitable organization if the secondhand
article was a gift to the charitable organization.
(f)
Any transaction as a seller of a secondhand article made or
conducted by a public officer, receiver, trustee, personal representative
or a private auctioneer or estate seller pursuant to a judicial sale
or a court-ordered or authorized liquidation sale, or of a secondhand
article that the person bought from public officer, receiver, trustee,
personal representative or a private auctioneer or estate seller pursuant
to a judicial sale or a court ordered or authorized liquidation sale.
C.
License required.
(1)
A person wishing to operate as secondhand article dealer shall apply
for a license to the City Clerk. The license will be filled out properly
and in compliance with the Wisconsin license application. The license
fee shall be $50 per year. The Clerk shall furnish application forms
approved by the Police Department that shall require all of the following:
(a)
The applicant's name, place of birth, date of birth, and residence
address.
(b)
The name and address of the business and the owner of the business
premise.
(c)
Whether the applicant is a natural person, corporation, limited
liability company, or partnership, and:
[1]
If the applicant is a corporation, the state where incorporated
and the names and addresses of all officers and directors.
[2]
If the applicant is a partnership, the names and addresses of
all members and partners.
[3]
If the applicant is a limited liability company, the names and
addresses of all members.
[4]
The name, place and date of birth, residence address, and driver's
license number of the manager or proprietor of the business.
[5]
The name, address and date of birth of all employees of the
business.
[6]
Any other information that the Clerk may reasonably require.
(d)
A statement as to whether the applicant, including an individual,
agent, officer, director, member, partner, manager, or proprietor,
has been convicted of any crime, statutory violation punishable by
forfeiture, or county or municipal ordinance violation. If so, the
applicant must furnish information as to the time, place and nature
of the offense of all such violations.
(e)
Whether the applicant or any other person listed in § 152-22 has ever used or 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 used.
(f)
Whether the applicant or any other person listed in § 152-22 has previously been denied or had revoked or suspended a pawnbroker, secondhand article dealer or secondhand jewelry dealer license from any other governmental unit. If so, the applicant must furnish information as to the date, location, and reason for the action.
(2)
Investigation of license applicant. The Police Department shall investigate each applicant and any other person identified pursuant to § 152-22C. The Police Department shall furnish its recommendation derived from the investigation to the City Clerk. The investigation shall include each agent, officer, member, partner, manager, proprietor or employee. The City shall receive from the applicant an appropriate fee as shall have been established by the Common Council from time to time, to defray such investigative costs.
(3)
License issuance. The City may grant the license if all of the following
apply:
(a)
The applicant, including an individual, a partner, a member
of a limited liability company, a manager, a proprietor, or an officer,
director, or agent of any corporation applicant, does not have an
arrest or conviction record, subject to §§ 111.321,
111.322 and 111.335 of the Wisconsin Statutes or has not been involved
in any crimes, misdemeanors or offenses involving dishonesty or otherwise
reasonably related to the sale of property within 10 years.
(b)
Violation of the City ordinance will result in revocation of
the license and/or the denial of any future licenses.
(c)
No license issued under this subsection may be transferred and
is specific to the location for which the license has been issued.
(d)
Each license is valid for one year.
(4)
Display of license. Each license issued under this section shall
be displayed in a conspicuous place visible to anyone entering a licensed
premises.
(5)
License fee. The annual license fees for licenses issued under this
section shall be established by the Common Council from time to time,
and shall be received by the City prior to issuance of the license.
The license fee shall be $50 per year at this time.
(6)
License denial, suspension, or revocation. The City may deny, suspend,
or revoke any license issued by it under this section for fraud, misrepresentation
or false statement contained in the application for a license, or
for any violation of this section or Wisconsin Statutes §§ 134.71,
943.34, 948.62 or 948.63 or for any other violation of local, state
or federal law substantially related to businesses licensed under
this section.
(7)
Place of business. A license under this section authorizes the licensee
to carry on its business only at the permanent place of business and
one or more off-site locked and secured storage facility each of which
shall be designated in the license. The licensee shall permit inspection
of either facility in accordance with this section. All provisions
of this section regarding recordkeeping and reporting apply to any
facility and their contents.
D.
Records required.
(1)
At the time of any reportable transaction other than renewals, extensions,
redemptions or confiscations, every licensee must record in English
the following information by using, as provided in 152-22D(3), a computerized
record approved by the Police Department:
(a)
A complete and accurate description of each item including,
but not limited to, any trademark, identification number, serial number,
model number, brand name, or other identifying mark on such an item.
(b)
The purchase price paid for the item.
(c)
Date, time and place the item of property was received by the
licensee, and the unique alpha and/or numeric transaction identifier
that distinguishes it from all other transactions in the licensee's
records.
(d)
Full name, current residence address, current telephone number,
date of birth and accurate description of the person from whom the
item of the property was received, including sex, height, weight,
race, color of eyes and color of hair.
(f)
The signature of the person identified in the transaction.
(g)
The licensee must take a color photograph of:
[1]
Every item a secondhand article dealer or secondhand jewelry
dealer has purchased. All unique serial or identification number permanently
engraved or affixed on an item shall also be photographed.
[2]
All photographs must be available to the Chief of Police, or
the Chief's designee, upon request. Items photographed must be accurately
depicted.
[3]
The licensee must keep the photographs for 90 days or until
retrieved by the Police Department.
(h)
Digitalized photographs. The licensee must fulfill the color
photograph requirements by submitting them as digital images, in a
format specified by the issuing authority, electronically cross-referenced
to the reportable transaction they are associated with.
(2)
Inspection of records. Records must at all reasonable times be open
to inspection by the Police Department. Data entries shall be retained
for at least three years from the date of transaction. Entries of
required digital images shall be retained a minimum of 90 days.
(3)
Reports to police. The Police Department will provide licensees with
a user name and password for the current version of NEWPRS. Licensees
must submit every reportable transaction to the NEWPRS system daily.
All records must be transmitted completely and accurately after the
close of business each day in accordance with standards and procedures
established by the issuing authority.
(a)
If a licensee is unable to successfully transfer the required
reports via the Internet for the day, the licensee must provide the
Police Department, upon request, printed copies of all reportable
transactions along with the video recordings for that date by noon
the next business day.
(b)
If the problem is determined to be outside the licensee's system,
the licensee must continue to provide the required reports, and resubmit
all such transactions via the Internet when the error is corrected.
(c)
Regardless of the cause or origin of the technical problems
that prevent the licensee from uploading their reportable transactions,
upon correction of the problem, the licensee shall upload every reportable
transaction from every business day the problem had existed.
(4)
Receipt required. Every licensee must tender a receipt to the party
identified in every reportable transaction and must maintain a duplicate
of the receipt of three years. The receipt must include at least the
following information:
(a)
The name, address and telephone number of the licensed business.
(b)
The date and time the item was received by the licensee.
(c)
Whether the item was consigned or sold.
(d)
An accurate description of each item received including, but
not limited to, any trademark, identification number, serial number,
model number, brand name, or other identification number, serial number,
model number, brand name, or other identifying mark on such an item.
(e)
The signature or unique identifier of the licensee or employee
that conducted the transaction.
(f)
The amount paid.
(g)
The full name, current residence address, current residence
telephone number; and date of birth of the consignor or seller.
(i)
Description of the consignor or seller including sex, approximate
height, weight, race, color of eyes, and color of hair.
(j)
The signature of the consignor or seller.
(k)
A representative of the Police Department will pick up the previous
month's original transaction reports from the businesses. If a representative
from the Police Department is unable to pick up the transaction reports,
a representative from the business may drop off the transaction reports
at the City of New Berlin Police Department.
E.
Holding period.
(1)
Any item purchased or received by a secondhand article dealer shall
be kept on the premises or other place of safe keeping for not less
than 15 days after the date of purchase or receipt.
(2)
During the period set forth in Subsection E(1) above, the article shall be held separate from saleable inventory and may not be altered in any matter. The secondhand article dealer shall permit any law enforcement officer to inspect the article during this period.
(3)
Within 24 hours after a request from a law enforcement officer, the
secondhand article dealer shall make the item available for inspection
any article which is kept off the premises for safekeeping.
(4)
Items such as gold and silver bullion that are bought by the licensee
shall be held on the premises for 48 hours after the date of purchase
or receipt before the licensee can melt the items or transfer to any
other person or entity for the purpose of melting down. The secondhand
dealer is required to take detailed photographs and make a detail
description of the bullion prior to being sold or melted down.
(5)
Police order to hold property.
(a)
Investigative hold. Whenever a law enforcement official from
any law enforcement agency notifies a licensee not to sell an item,
the item must not be sold or removed from the premises until notified
by the investigating agency to do so. The order to hold shall expire
90 days from the date it is placed unless the law enforcement official
determines the hold is still necessary and notifies the licensee in
writing.
(b)
Order to hold.
[1]
Whenever the Chief of Police, or the Chief's designee, notifies
a licensee not to sell an item, the item must not be sold or removed
from the licensed premises until authorization to be released by the
Chief or the Chief's designee. The order to hold shall expire 90 days
from the date it is placed unless the Chief of Police or the Chief's
designee determines the hold is still necessary and notifies the licensee
in writing.
[2]
If an item is identified as stolen or evidence in a criminal case, the Chief or the Chief's designee may take physical custody of the item and remove it from the shop, pursuant to a written order from the Chief or the Chief's designee, or place the item on hold or extend the hold as provided in § 152-22E(5)(b), and leave it in the shop.
[3]
When an item is taken into physical custody by a law enforcement
official, the person doing so shall provide identification upon request
of the licensee, and shall provide the licensee the name and phone
number of the agency and investigator, and the case number if any,
related to the matter under investigation or prosecution.
[4]
When an order to hold is no longer necessary, the Chief of Police
or Chief's designee shall so notify the licensee, and the licensee
may reclaim the item, and may thereafter dispose of the item in accordance
with the terms of this section.
F.
Inspection of items. At all reasonable times during the terms of
the license, the licensee must allow law enforcement officials to
enter the premises where the licensed business is located, including
all off-site storage facilities, during normal business hours, except
in an emergency, for the purpose of inspecting such premises and inspecting
the items, wares and merchandise and records therein to verify compliance
with this section or other applicable laws.
G.
Prohibited acts.
(1)
No person under the age of 18 years may sell or attempt to sell goods
with any secondhand article dealer, nor may any secondhand article
dealer purchase any goods from a person under the age of 18 years.
(2)
A secondhand article dealer may engage in a transaction with a minor
if the minor is accompanied by his or her parent or guardian at the
time of the transaction and the parent or guardian signs the transaction
form and provides identification as required by this section.
(3)
No licensee may receive any goods from an intoxicated person.
(4)
No licensee may receive any goods, unless the seller presents identification
in the form of a valid driver's license, a valid State of Wisconsin
identification card or current valid photo driver's license, a valid
passport, or identification card issued by the state or province of
residency of the person from whom the item was received.
(5)
No person may sell, consign, leave or deposit any article of property
not their own; nor shall any person sell, consign, leave, or deposit
the property of another, whether with permission or without; nor shall
any person sell, consign, leave, or deposit any article of property
in which another has a security interest with any licensee.
(6)
No person seeking to sell, consign, leave, or deposit any article
of property with any licensee shall give a false or fictitious name;
nor give a false date of birth; nor give a false or out-of-date address
of residence or telephone number; nor present a false or altered identification,
or the identification of another, to any licensee.
[Added 7-24-2018 by Ord.
No. 2610]
A.
CLASS I
CLASS II
SPECIAL EVENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A special event which may have the attributes of a Class
II event but in addition meet the following criteria: more than 500
people (any/all personnel, including volunteers, vendors and attendees)
attend; one or more roadways will need to be blocked off (The City
Clerk may determine the event to be a Class II depending on the closure
and the size of the event); City resources and/or staff are to be
utilized beyond their normal required duties. Any activities under
Class II permits are permissible under the Class I permit.
A special event in which more than 150 people (This includes
any/all personnel, volunteers and attendees.) and any of the following
occurs: alcohol is sold or served as a publically open event; the
event will include amplified music or outdoor entertainment; any direct
or indirect charge for food, merchandise or services; donations are
solicited/collected.
Is any event held in the City that requires the use of public
streets, rights-of-way, sidewalks or City property or are otherwise
likely at the discretion of the City to create substantial impacts
on the operations of the City, surrounding neighbors or neighborhoods.
Special events include but are not limited to sporting events, festivals,
fairs, parades, walks, runs/marathons, bike-a-thons, races, markets,
block parties, exhibitions, motion picture filming and other events
similar in nature. "Special events" can also be classified as any
event that may require public safety and City services above and beyond
their normal functions. Events held on private property that are open
to the public may require a special event permit if the event has
a significant impact on the City's operations and residents.
B.
Permits required.
(1)
No person or organization shall conduct a special event as defined
herein within the City of New Berlin without first having obtained
a special event permit. Permits are valid only for the dates, times
and locations specified in the permit application. This provision
shall apply to all events proposed after the date of the adoption
of this section, whether or not the event in question has been a reoccurring
event within the City.
(2)
A park rental permit may be required depending on the special event
location and is available through the Recreation Department.
(3)
Permits for vendors. All vendors operating as part of a special event permit obtained under this section shall obtain and display a direct sellers permit and abide by the provisions under § 152-5 of the Municipal Code. Food trucks and mobile vendors are also required to obtain a direct sellers permit under this section.
(4)
Charitable solicitors. All charitable solicitors operating as part of a special event permit obtained under this section shall obtain and display a charitable solicitors permit and abide by the provisions under § 152-6 of the Municipal Code.
(5)
Permits for sale of beer/wine. The sale of beer and/or wine requires
a temporary Class "B" license available through the City Clerk's office
and there must be either a licensee or a person holding an operator's
license on site in accordance with §§ 125.17(1), 125.32(2),
and 125.68(2), Wis. Stats.
(6)
Loudspeaker permit. Special events containing amplified music are required to obtain a loudspeaker permit from the Police Department and abide by the provisions under § 152-9 of the Municipal Code. Any variance to the hours outlined in this permit must be approved by the Common Council.
(7)
Fireworks. Special events using fireworks must obtain a permit from the Fire Department and requires Common Council approval. Fireworks permit applicants must abide by the provisions under § 124-12I of the Municipal Code.
(8)
Road closures. Special events requiring a road closure must obtain
a road closure permit from the Police Department.
C.
Application.
(1)
Application requirements.
(a)
Application for a Class I special event permit shall be filed
with the City Clerk's office at least 90 days prior to the proposed
event. (An application will not be deemed to have been filed until
it is complete and contains all of the information required under
this section.)
(b)
Application for a Class II special event permit shall be filed
with the City Clerk's office at least 45 days prior to the proposed
event.
(c)
Permit fees shall be set from time to time by resolution of
the Common Council.
(d)
The application shall include the following:
[1]
The name, address and phone number of the person, entity or
organization sponsoring the event.
[2]
The name and address of the special event sponsor's contact
or agent.
[3]
The name, date, time and location of the event in question.
[a]
Special events in residential neighborhoods may
require notification of adjacent neighbors.
[4]
A description of the event and its purpose.
[5]
The estimated maximum number of participants, spectators and
vendors at the proposed event.
[6]
Whether alcohol will be sold or served at the event.
[7]
Whether food and/or merchandise will be sold at the event.
[8]
Plans and description of the following, as necessary for the
event:
[a]
Amplified music or entertainment and the hours;
[b]
Fireworks;
[c]
The use of public streets or rights-of-way;
[d]
Parking size and location;
[e]
Electricity and lighting plan;
[f]
Erecting tents, canopies or temporary structures;
[g]
Temporary fencing locations;
[h]
Waste/recycling collection and disposal;
[i]
Portable restrooms and hand wash stations.
[10]
Certification that by signing the application,
the applicant is authorized to act on behalf of the event sponsor(s).
(2)
Application process.
(a)
Upon receipt of an application for a permit, the City Clerk
shall immediately distribute the complete application to the following
departments for review: Police, Fire, Buildings and Grounds, Recreation,
Community Development and Streets. Department review and comments
shall be returned to the City Clerk within 15 days of distribution
of the application.
(b)
Permit review.
[1]
The City Clerk shall review all comments and recommendations
provided by the departments and determine if the event requires Board
or Commission approvals. The City Clerk will follow up with the applicant
to ensure the appropriate licenses and permits are obtained for the
event.
[2]
The Department of Community Development will review applications to determine if a temporary use permit may be required according to Chapter 275 of the Municipal Code. Additionally, Plan Commission or the Community Development Authority approval may be required for an event that is not customarily a permitted use under the current zoning of the property.
[3]
The City Clerk will send any permits that pertain to the sale
of alcohol, merchandise, or food on City property to the Parks, Buildings
and Grounds Commission for approval.
[4]
Common Council approval may be required depending on the size
and scope of the special event.
[5]
The City Clerk will issue or deny the permit dependent on whether
the applicant has fulfilled the requirements as set forth by the Departments
and, if applicable, the boards and commissions.
D.
Permit conditions.
(1)
Liability insurance. The group sponsoring the event is required to
supply the City with a certificate of liability insurance at least
30 days prior to the event. The certificate shall be written on a
per-occurrence basis, and while the amount of coverage will vary depending
on the size and nature of the event, the minimum coverage required
by the City is $1,000,000 and $2,000,000 in the aggregate. The City
also requires evidence of a policy endorsement naming the City of
New Berlin and any and all of its officers and employees as an additional
insured on a primary and noncontributory basis. The City Clerk may
waive the insurance requirement depending on the size and scope of
the event.
(2)
Indemnification. The applicant and event sponsor(s) shall agree to
hold the City, its officers, employees, agents and contractors harmless
against all claims, liability, loss, damage or expense (including
but not limited to actual attorney's fees) incurred by the City for
any damage or injury to person or property caused by or resulting
directly or indirectly from the activities for which the permit is
granted. Any change to coverage requires City approval.
(3)
City services. All requests by the applicants for City services must
be made at the time of application. The applicant shall be responsible
for reimbursement to the City for any city personnel, services, equipment,
and facilities provided for the special event. Reimbursement costs
shall be calculated to include wages, overtime and fringe benefits
and is due within 30 days of receipt of invoice. The City reserves
the right to require full or partial payment of estimated costs in
advance. All permit, signage and barricade costs are due prior to
the special event.
(4)
Cleaning/damage deposit. The applicant may be required to submit
to the City a deposit of $200 for a Class I event depending on the
size and number of attendees. The deposit will be refunded to the
applicant after an inspection of the premises is conducted and the
City determines there is no loss or cleaning costs. The applicant
shall be fully responsible for necessary cleanup associated with the
permitted event, which must be completed no later than 12 hours after
the conclusion of the event. The City reserves the right to retain
the entire deposit if cleanup is not satisfactorily completed in the
time frame specified.
(5)
Site requirements.
(a)
All tents, canopies or temporary structures over 120 square
feet require Community Development Department approval and must apply
for a permit with the Fire Department.
(b)
Electricity requirements will be reviewed by the Community Development
Department's Inspection Services to determine if an inspection is
needed. Electric service must meet all City of New Berlin Code requirements.
(c)
Attendees and staffing shall not exceed the maximum number,
which can reasonably attend at the location of the special event.
(d)
It is the responsibility of the special event sponsor for arranging
any inspections required to meet these standards or requirements prior
to the event. Any fees for such inspections shall be the responsibility
of the special event sponsor.
(6)
Notification to residents. The City may require that the permit holder
provide written notice 15 days' in advance of the special event to
any property owners or tenants as determined during the City departments'
review. Notice shall include the type of event, name of the special
event sponsor(s), date, time and location, event coordinator's name
and contact information during the event.
E.
Termination of an event. The City reserves the right to shut down a special event that is in progress if it is deemed a public safety hazard and/or public nuisance by police services and/or Fire Department and/or Emergency Management and/or there is a violation of City ordinances, state statutes or the terms of the applicant's permit. The City Clerk and/or his/her designee may revoke an approved special event permit. Note: there are also revocation, enforcement and penalties provided for in Article X in § 275-66, 275-67, 275-68, and 275-69. If the zoning permit/temporary use permit is revoked, there ceases to be an event.
F.
Denial of permit.
(1)
The event will disrupt traffic within the City beyond practical solution.
(2)
The event will create a likelihood of endangering the public.
(3)
The event will interfere with access to emergency services.
(4)
The location or time of the special event will cause undue hardship
or excessive noise levels to adjacent businesses or residents.
(5)
The event will require the diversion of City resources that would
unreasonably affect the maintenance of regular City service levels.
(6)
The application contains incomplete or false information.
(7)
The application fails to provide proof of insurance when required.
(8)
Inadequate provision for garbage or debris removal.
(9)
Inadequate provision of temporary restroom facilities.
(10)
Inadequate provisions for parking.
(11)
A denial of a permit by the Parks Buildings and Grounds Commission
where the event is no longer viable.
(12)
A denial of a temporary use permit by the Department of Community
Development or the Plan Commission/Community Development Authority.
(13)
Applicant fails to submit the required fees and/or deposit.
[Added 6-27-2023 by Ord. No. 2673]
Any person or entity which maintains, manages or operates a
short-term rental (which means a residential dwelling that is offered
for rent for a fee and for fewer than 30 consecutive days) shall be
required to do the following:
A.
Obtain from the Department of Agriculture, Trade and Consumer Protection
a license as a tourist rooming house as defined in Wisconsin Statute,
§ 97.01(15k) when required to do so under said statute;
and any person who maintains, manages or operates a short-term rental
as defined in this subsection shall obtain from the City a short-term
rental license as provided for in this section. The City shall establish
a license fee from time to time based on the City's actual cost
of issuing and monitoring said license. The Common Council shall establish
such license fee by resolution from time to time.
B.
Short-term rental license. The City Clerk shall issue a short-term rental license if an applicant follows the procedures set forth in Subsection C of this section and demonstrates compliance with the provisions of this section of the Code. A short-term rental license is issued for one license year, and may be renewed annually as provided for in this section. The short-term license shall contain the following information:
(1)
The name of the property owner and if applicable the property manager,
with contact information including mailing address and a telephone
number where the property owner or property manager is available.
(2)
The license term.
(3)
The State of Wisconsin Tourist Rooming House License Number.
Upon issuance, a license-holder shall provide a copy of this
Code section and a copy of the license to all parties using the property
for short-term rental use, prior to the commencement of each such
use.
C.
Short-term rental license application, renewal, and revocation procedure.
(1)
Applications. All applications for short term rental licenses shall
be filed with the City Clerk. No license shall be issued unless a
completed application form is accompanied by payment of the required
application fee, which fee shall be nonrefundable. Each application
shall include the following information and documentation for each
short-term rental unit in order to demonstrate compliance with the
requirements of this section:
(a)
The name of the property owner and or property manager, with
contact information including mailing address and a telephone number
at which the property owner and/or property manager is readily available.
(b)
The street address of the property proposed to be made available
for short-term rental use.
(c)
A description of the premises proposed to be made available
for short-term rental use.
(d)
A copy of the Department of Agriculture, Trade and Consumer
Protection Tourism House License, as defined in Wisconsin Statute,
§ 97.01(15k), in effect during the short-term license year.
(e)
Written certification by the property owner that the short-term
rental meets the following requirements:
[1]
All short-term rental properties shall be subject to and comply
with Wisconsin Administrative Code ATCP 72, which is hereby fully
incorporated by reference;
[2]
A minimum of one off-street parking stall shall be provided
for every guest bedroom with a minimum of two parking stalls required.
All parking areas shall meet the applicable size and location requirements
of the City Code, and shall be hard-surfaced and maintained in a reasonably
dust-free condition;
[3]
The property owner and/or property manager shall be available
at all times when the property is rented. The property owner must
notify the City Clerk within three business days of any change in
the contact information for the property owner or property manager
and submit the revised contact information to the City Clerk within
the same time period.
[4]
The "property manager" shall be defined as any person who is
not the property owner and is authorized by the property owner, expressly
or impliedly, to act as agent and as the local contact person on behalf
of the property owner for one or more short-term rental, and to take
remedial action and promptly respond to any violation of this section
or the City Code relating to the licensed premises.
[5]
Sleeping quarters related to a short-term rental shall only
be located within the principal structure on a lot. Accessory buildings
shall not be used for sleeping quarters.
[6]
Occupancy limits shall not exceed the number of occupants allowed
in Wisconsin Administrative Code Section ATCP 72.14(2)(b) per bedroom,
and also shall not exceed eight per 1,000 square feet of living area
within the principal structure.
[7]
A short-term rental property shall not have more people on site
than the higher of 20 people or the maximum number of people allowed
under Wisconsin Administrative Code Section ATCP 72.14(2)(b).
[8]
The property boundaries shall be reasonably delineated by approved
fences, vegetation or other means to ensure that all users can identify
the boundaries of the property and can accordingly confine their use
to the licensed parcel. The applicant shall provide a survey or sketch
showing the property boundaries and provide it to the City Clerk,
as well as to any proposed tenant.
[9]
All refuse containers shall be screened from public view, as
required by any applicable zoning or building code requirements.
[10]
In addition to possible revocation of the short-term rental license provided in this section, any failure by the license holder, after the issuance of a license, to adhere to the requirements of this section shall be considered a violation of this section and shall be enforced in accordance § 1-18 of the City of New Berlin Municipal Code. Each day that a violation occurs and continues shall be considered a separate violation and will be enforced accordingly.
(2)
Upon the filing of an application pursuant to this section, and prior
to the issuance of any license, the property described in the application
shall be inspected by the City Building Inspector, as well as the
fire department, to investigate and determine if the property is in
compliance with applicable state, county, or local ordinances, rules
or regulations including, but not limited to, this subsection and
the terms of the fire code requiring a working smoke detector and
carbon monoxide detector on each level of the building. Each department
conducting such an inspection shall provide a written report to the
City Clerk confirming compliance or, alternatively, detailing any
observed violations. Any observed violations shall be corrected by
the applicant prior to the issuance of any license. In the event the
applicant fails to correct any observed violations or if the property
fails to meet the requirements of section, the City Clerk shall deny
the application for a license. In no event shall a license be issued,
and any issued license shall be deemed suspended, when the property
which is the subject of the license is under an order issued by the
Building Inspector to bring the premises into compliance with state,
county, or local ordinances, rules or regulations.
(3)
Renewal. Each application for a renewal of a short-term rental license
shall include all information and documentation required as part of
the original application in an updated form and payment of a renewal
fee which shall be nonrefundable. A renewal application and the applicable
fee must be filed with the City Clerk at least 45 days prior to the
license expiration date in order to allow the City Clerk adequate
time to review and investigate the application. No renewal license
shall be issued unless a completed application form is accompanied
by payment of the required application fee. Upon the filing of a renewal
application pursuant to this section, and prior to the issuance of
any renewal license, the property described in the application shall
be inspected by the Fire Department and Building Inspector to investigate
and determine if the property is in compliance with applicable state,
county, or local ordinances, rules or regulations including, but not
limited to, this section. Each department conducting such an inspection
shall provide a written report to the City Clerk confirming compliance
or, alternatively, detailing any observed violations. Any observed
violations shall be corrected by the applicant prior to the renewal
of any license. In the event the applicant fails to correct any observed
violations or if the property fails to meet the requirements of this
section, the City Clerk shall deny the application for a renewal license.
Additionally, the City Clerk may request reports from the police department,
fire department and Building Inspector regarding any enforcement actions
occurring at the property in the preceding short-term rental license
year. The Clerk shall review the application and any enforcement actions
and may approve or deny the application after considering the number,
frequency, and/or severity of any previous enforcement action related
to the property, and whether the conduct related to the previous enforcement
action substantially harms or adversely impacts the predominantly
residential uses and nature of the surrounding neighborhood. If the
City Clerk determines to deny an application to renew the license,
the Clerk shall notify the applicant in writing of the reason(s) for
such decision and the applicant's right to appeal to the Common
Council as provided in this section. In no event shall a renewal license
be issued, and any issued license shall be deemed suspended, when
the property which is the subject of the license is under an order
issued by the Building Inspector to bring the premises into compliance
with state, county, or local statutes, ordinances, rules or regulations.
(4)
Revocation. A short-term rental license may be revoked by the Common
Council, after notice to the licensee and a hearing, during the term
of a license year and for one or more of the following reasons:
(a)
Failure by the licensee to make payment of delinquent fees,
taxes, special charges, forfeitures, or other debt owed to the City.
(b)
The issuance of three or more total citations during any short-term
rental license year for violations of the Municipal Code of the City
of New Berlin occurring at the licensed property. For purposes of
this subsection, the total number of citations related to the licensed
property shall be considered for the necessary calculation, notwithstanding
whether such citations are issued to the license holder, the management
company or a user of the property for short-term rental use.
(c)
Failure by the licensee, at any time, to adhere to any requirements
certified pursuant this section.
Any resident of the City, or the City of its own accord, may
file a sworn written complaint with the City Clerk alleging one or
more of the reasons set forth in this section as grounds for revocation
of the short-term rental license. Upon filing of the complaint, the
City Clerk shall notify the licensee of the complaint by certified
mail, return receipt requested, and provide the licensee with a copy
of the complaint. Such notice shall also contain the time and place
of the hearing before the Common Council on said complaint and consideration
of revocation under this section. Any hearing under this section shall
be held no sooner than 30 days after the notice required by this section
is mailed to the licensee.
(5)
Appeal. The City Clerk's decision to deny an initial license
or to deny renewal of a license may be appealed to the Common Council
by filing a written appeal with the Clerk within 30 days after the
date of mailing of the written notice of the City Clerk's decision.
The Common Council shall hold a hearing within 30 days of the City's
receipt of the written appeal, or the license shall be deemed granted.
The City Clerk shall provide written notice of the date, time, and
place of any appeal hearing to the licensee by certified mail return
receipt requested. Any hearing under this section shall be held no
sooner than 10 days after such notice is mailed to the appellant.
If the Common Council finds the City Clerk's reasons for his
or her decision to be sufficient, the decision shall be affirmed.
If the Common Council finds the City Clerk's reasons for his
or her decision insufficient, the decision shall be reversed, and
the license shall be granted and issued. The Common Council shall
provide appellant a written decision specifying the reasons for its
determination, and provide such written decision to the appellant
within 10 days of such determination.
(6)
Restrictions on license transfers. Transfer of a short-term license
because of transfer or sale of the licensed property is not permissible.
Should the licensed property be sold, transferred, or otherwise conveyed
by the named applicant, then the issued license shall become void.
Whenever a property changes ownership, a new license shall be required
to ensure compliance with all applicable state and local laws and
ordinances.
