[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997
by Ord. No. 97-1461 as Sec. 13.23 of the 1997 Code. Amendments
noted where applicable.]
No coin-operated vending machine for the vending of ice, coffee, soda,
water, milk, milk products, food or food products shall be placed within the
city unless the owner thereof shall have first obtained a license to operate
such machine or machines in the city.
Application for such license shall be made to the City Clerk, in writing,
and shall include the full name of the person making application, business
address of the applicant, nature of vending machines to be licensed, number
of vending machines to be licensed, locations at which vending machines will
be placed and, if a corporation, the full names and addresses of its officers
and managers.
Such license shall be issued by the City Clerk upon payment of the fees
herein provided and after the Health Officer has certified that the vending
machines sought to be licensed meet the requirements of all applicable ordinances,
statutes and regulations, provided that the applicant shall not have due and
owing any personal property taxes in the city.
Such license shall be issued only to a person of good moral character
who shall be a citizen of the United States and this state. In the case of
a corporation, such requirements shall apply to the officers or managers.
There shall be a basic annual license fee as stated in Chapter 169, License and Permits. New installations made during a license year shall require the full fees herein provided. The fees for a license on an existing installation shall be double those herein provided if application for such license is made after June 30 of any year.
With each license issued, tags or decals for individual vending machines,
containing thereon the name of the licensee and the number of the license,
shall be issued. Such tag or decal shall be affixed to each machine in a conspicuous
and accessible place, visible without moving or opening such machine, and
shall remain so affixed to such machine during the license period.
The water supply and installation of a water-connected vending machine
shall be according to the applicable provisions of Ch. ILHR 82, Wis. Adm.
Code, the State Plumbing Code. A new installation of a water-connected vending
machine shall require a plumbing permit for each such machine, provided that
no plumbing permit shall be required if a vending machine is replaced by a
similar machine due to mechanical failure or for other reasons. All piping
and plumbing to a water-connected vending machine shall be installed by a
licensed plumber as provided in Ch. 146, Wis. Stats. All presently water-connected
vending machines shall conform to Ch. ILHR 82, Wis. Adm. Code before a vending
permit is issued by the City Clerk.
No food vending machine shall be installed in any toilet or washroom
or in any room directly connected to a toilet or washroom. No food vending
machines shall be located in an area subject to fumes, gases, vapors, etc.,
or to any other conditions which, in the opinion of the Health Officer, are
detrimental to the food contents of the machine. No food vending machines
shall be located in any area or room where there are excessively high temperatures.
A.
Notice. If the Health Officer finds that any vending
machine does not comply with the city ordinances or state statutes, or regulations
thereunder, he or she shall serve an order upon the licensee, or his or her
agent or employee, having charge of such machines, directing him or her within
a certain reasonable time, not to exceed 10 days, to comply with such ordinances,
statutes or regulations.
B.
Hearing. If the licensee fails to comply with such order
within the time designated, the Health Officer shall serve such licensee,
or his or her agent or employee, in charge of such licensed machines with
a notice, in writing, that at a time not less than 48 hours from the date
of service of such notice, a hearing will be held before the License Committee,
at a place designated in such notice, to determine whether the license shall
be revoked.
C.
Revocation or suspension. If, upon such hearing, it appears
that the provisions of this chapter or of the ordinances or regulations of
the city or of the laws of the state have not been complied with, the Committee
may revoke or suspend the license for such time as it shall take to remedy
such noncompliance. Any licensee having a license revoked shall not be eligible
for another license under this chapter for one year from the date of revocation.
