Town of Linn, WI Chapter 10 Licenses and Permits

[ISTORY: Adopted by the Town Board of the Town of Linn 11-13-1995 (Ch. 10 of the 1995 Code). Amendments noted where applicable.]

§ 10-1 Intoxicating liquor and fermented malt beverages. [1]

A. State statutes adopted. The provisions of Ch. 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except §§ 125.04(11) b), 125.09(6). 125.14, 125.60, 125.61, 125.62, 125.66, and 125.69, Wis. Stats., exclusive of any provisions thereof relating to the penalty to be imposed as the punishment for violation of said statutes, are adopted and made part of this section by reference. A violation of any such provision shall constitute a violation of this section.

[Amended 10-11-2021 by Ord. No. 2021-010]

B. License fees. The following nonrefundable fees shall be chargeable for licenses issued by the Town Board hereunder:

[Amended 12-8-1997; 3-12-2007; 6-9-2008; 10-11-2021 by Ord. No. 2021-010]

(1) "Class A" intoxicating liquor: $200 per year.

(2) "Class B" intoxicating liquor: $500 per year.

(3) Reserve "Class B" intoxicating liquor: one-time fee of $10,000.

(4) Class "A" fermented malt beverage: $100 per year.

(5) Class "B" fermented malt beverage: $100 per year.

(6) Fermented malt beverage wholesaler: $25 per year.

(7) Class "B" picnic license under § 125.26(6), Wis. Stats.: $10 each.

(8) Operator's license: $50 per two-year period.

(9) Provisional operator's license: $15.

C. Definitions.

(1) As used in this section, the terms "alcohol beverages," "brewer," "club," "Department," "fermented malt beverages," "hotel," "intoxicating liquor" and "license" shall have the meaning given them by Ch. 125, Wis. Stats.

(2) Licenses.

(a) Class "A" fermented malt beverage license. Authorizes retail sales of fermented malt beverages in original packages, containers and bottles for consumption off the premises where sold.

(b) Class "B" fermented malt beverage license. Authorizes retail sales of fermented malt beverages to be consumed whether on or off the premises where sold.

(c) Special event license. A fermented malt beverage license issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months before the date of application, and to posts of veterans' organizations authorizing them to sell fermented malt beverages at a particular picnic or similar gathering or at a meeting of any of such post or during a fair conducted by such fair association or agricultural society.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(d) Wholesaler's fermented malt beverage license. Authorizes sales of fermented malt beverages, only in original packages or containers, to retailers or wholesalers, not to be consumed in or about the premises where sold.

(e) Retail "Class A" intoxicating liquor license. Authorizes the retail sale of intoxicating liquor in original packages, containers and bottles for consumption off the premises where sold.

(f) Retail "Class B" intoxicating liquor license. Authorizes retail sales of intoxicating liquor for consumption on the premises where sold by the glass only and also in the original package or container, in multiples not to exceed four liters at any one time, to be consumed off the premises where sold. Wine may be sold for consumption off the premises in the original package or otherwise in any quantity.[3]

[3] Editor's Note: Original § 10.01(g), Pharmacist's license, and (h), Manager's license, which immediately followed this subsection, were deleted at time of adoption of Code (see Code Adoption Ordinance).

(g) Operator's license. A license which authorizes a person 18 years of age or older, who is neither the licensee nor the agent of the licensee, to serve or sell alcohol beverages in any place operated under a Class A or Class B license or permit without the immediate supervision of the licensee or agent or a person holding an operator's license on the premises at the time.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(h) Provisional operator's license. A license issued in accordance with § 125.17(5), Wis. Stats., only to a person who has applied for an operator's license. A provisional license may not be issued to any person who has been denied a license by the Town Board. A provisional license expires 60 days after its issuance or when a regular operator's license is issued to the holder, whichever is sooner.

[Amended 6-9-2008]

(3) As used in this section, the following terms shall have the meanings indicated:

MANUFACTURER

A person, other than a rectifier, who ferments, manufactures or distills intoxicating liquor.

PEACE OFFICER

A sheriff, undersheriff, deputy sheriff, police officer, marshal, deputy marshal or any employee of the Department of Revenue or the Department of Justice authorized to act under Ch. 125, Wis. Stats.

PERMIT

Any permit issued by the Department of Revenue under Ch. 125, Wis. Stats.

PERSON

A natural person, sole proprietorship, partnership, corporation or association.

PREMISES

Area described in a license or permit.

REGULATION

Any rule or ordinance adopted by the Town Board.

RESTAURANT

Any building, room or place where meals or lunches are prepared, served or sold to transients or the general public and all places used in connection therewith.

RETAILER

Any person who sells, or offers for sale, any alcohol beverages to any person other than a person holding a permit or license under this section.

UNDERAGE PERSON

A person who has not attained the legal drinking age.

WHOLESALER

A person, other than a brewer, manufacturer or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit or license to sell alcohol beverages at wholesale.

D. License required.

(1) When required. No person, except as provided by § 125.06, Wis. Stats., shall distribute, vend, sell, offer or keep for sale at retail or wholesale, deal or traffic in or, for the purpose of evading any law or ordinance, give away any alcohol beverages, or cause the same to be done, without having procured a license as provided in this section, nor without complying with all the provisions of this section and all statutes, ordinances and regulations of the state and Town applicable thereto. The Town Clerk shall have the authority to issue all operators' licenses defined in Subsection C(2)(g) of this section.

[Amended 9-9-2019]

(2) Separate license required for each place of sale. A license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication with each other where alcohol beverages are kept, sold or offered for sale.

E. License application.

(1) Form. Application for a license to sell or deal in alcohol beverages shall be made in writing on forms prescribed by the State Department of Revenue and filed with the Town Clerk. The fee prescribed for such license in Subsection B of this section shall accompany the application. The premises shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall.

[Amended 9-9-2019]

(2) Application to be notarized. Applications shall be signed and sworn to by the applicant as provided by § 887.01, Wis. Stats.

(3) Duplicate. Upon approval, a duplicate copy of each application shall be forwarded by the Town Clerk to the State Department of Revenue.

[Amended 9-9-2019]

(4) Subsequent changes. Within 10 days of a change of any fact given in an application, the licensee shall file a notice in writing of such change with the Clerk.

[Amended 9-9-2019]

F. Form and expiration of licenses. All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, date of issuance, fee paid and name of the licensee and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided.

[Amended 6-9-2008]

G. Transfer of licenses.

(1) As to person. No license shall be transferable as to licensee except as provided by § 125.04(12), Wis. Stats.

(2) As to place. Licenses issued pursuant to this section may be transferred as provided in § 125.04(12), Wis. Stats. Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application.

H. Posting and care of licenses. Every license issue under this section shall be posted and at all times displayed as provided in § 125.04(10), Wis. Stats. No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application or knowingly deface or destroy such license.

I. Revocation and suspension of licenses.

(1) Procedure. Whenever the holder of any license under this section violates any portion of this section, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by § 125.12, Wis. Stats., and the provisions therein relating to granting a new license shall likewise be applicable.

(2) Violation by agent. A violation of this section by a duly authorized agent or employee of a licensee shall constitute a violation by the licensee.

(3) Automatic revocation. If a licensee or his agent or employee is convicted of a second offense under this section, the Board, in addition to the penalties provided for violation of this section, after a public hearing, may forfeit any license issued to him without further notice.

(4) Grant of new license after revocation. No license shall be granted to a person whose license has been revoked hereunder for a period of one year from the date of revocation.

J. Regulation of licensed premises and licensees.

(1) Gambling and disorderly conduct prohibited. Each licensed premises shall at all times be conducted in an orderly manner; and no disorderly, riotous or indecent conduct or gambling shall be allowed at any time on any licensed premises.

(2) Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.

(3) Sales to intoxicated persons. No licensee or permittee shall sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.

(4) Sales to underage persons. No licensee or permittee may sell, vend, deal or traffic in fermented malt beverages to or with any person under the legal drinking age not accompanied by his parent, guardian or spouse who has attained the legal drinking age or sell, vend, deal or traffic in intoxicating liquor to or with any person under the legal drinking age.

K. Closing hours. No premises for which a wholesale or retail liquor or fermented malt beverage license has been issued shall remain open for the sale of alcohol beverages between the following hours:

(1) If a wholesale license, between 5:00 p.m. and 8:00 a.m., except on Saturday when the closing hour shall be 9:00 p.m.

(2) If a retail Class A license, the premises shall be permitted to be open for the sale of intoxicating liquor and/or fermented malt beverages between the hours commencing at 8:00 a.m. and ending at 9:00 p.m. daily.

(3) If a retail Class B license:

(a) Between 2:00 a.m. and 8:00 a.m. on January 1 premises operating under a "Class B" license or permit are not required to close. On Saturday and Sunday, no premises may remain open between 2:30 a.m. and 8:00 a.m.

(b) Sales of intoxicating liquor and fermented malt beverages intended for off premises consumption and carryout are prohibited between the hours of 12:00 a.m. and 8:00 a.m. daily.

L. Restrictions as to underaged persons.

(1) Sales of alcohol beverages to. No person shall procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his parent, guardian or spouse who has attained the legal drinking age.

(2) Presence in places of sale. No underage person not accompanied by his parent, guardian or spouse who has attained the legal drinking age may enter or be on the premises for which a license or permit for the retail sale of alcohol beverages has been issued, for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises. This section does not apply to:

(a) An underage person who is a resident, employee, lodger or boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed premises consists or is a part.

(b) An underage person who enters or is on a "Class A" intoxicating liquor premises for the purpose of purchasing edibles or beverages other than alcohol beverages. Any underage person so entering the premises may not remain on the premises after the purchase.

(c) Hotels, drugstores, grocery stores, bowling alleys, cars operated by any railroad, regularly established athletic fields, stadiums or public facilities as defined in § 125.51(5)(b)1d, Wis. Stats., which are owned by a county or municipality.

(d) Concessions authorized on state-owned premises in the state parks and state forests as defined or designated in Chs. 27 and 28, Wis. Stats., and parks owned or operated by agricultural societies.

(e) Ski chalets and golf clubhouses.

(f) Premises operated under both a Class "B" fermented malt beverage or a "Class B" intoxicating liquor license or permit and a restaurant permit where the principal business conducted is that of a restaurant. If the premises are operated under both a Class "B" fermented malt beverage or a "Class B" intoxicating liquor license or permit and a restaurant permit, the principal business conducted is presumed to be the sale of alcohol beverages, but the presumption may be rebutted by competent evidence.

(g) An underage person who enters or remains on a Class B premises for the purpose of transacting business at an auction or market if the person does not enter or remain in a room where alcohol beverages are sold or furnished.[5]

[5] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(3) Misrepresentation of age.

(a) No person shall represent that he is of legal drinking age for the purpose of receiving alcohol beverages from a licensee or permittee.

(b) Proof of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of this section:

[1] That the purchaser falsely represented in writing and supported with other documentary proof that he was of legal drinking age.

[2] That the appearance of the purchaser was such that an ordinary and prudent person would believe the purchaser to be of legal drinking age.

[3] That the sale was made in good faith and in reliance on the written representation and appearance of the purchaser and the belief that the purchaser was of legal drinking age.

(c) Every retail alcohol beverage licensee or permittee shall cause a book to be kept for the purposes of this section. The licensee or permittee or his employee shall require any person who has shown documentary proof which substantiates that the person is of legal drinking age to sign the book if the person's age is in question. The book shall show the date of the purchase of alcohol beverages, the identification used in making the purchase, the address of the purchaser and the purchaser's signature.

(4) Possession or consumption in public places. No underage person not accompanied by his parent, guardian or spouse of legal drinking age shall knowingly possess or consume in public any intoxicating liquor or fermented malt beverage. This section shall not prevent an underage person in the employ of a licensee or permittee from possessing fermented malt beverages for sale or delivery to customers.

(5) Possession on school grounds.

(a) Prohibited. Except as provided in Subsection L(5)(b) of this section, no person shall possess or consume alcohol beverages:

[1] On school premises.

[2] In a motor vehicle, if a pupil attending the school is in the motor vehicle.

[3] While participating in school-sponsored activities.

(b) Exceptions. Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities if specifically permitted in writing by the school administrator consistent with applicable laws and ordinances.

M. Penalty.

(1) Any person who commits a violation of this section shall be subject to a forfeiture as provided in Chapter 1, § 1-4 of this Code.[6]

[6] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(2) Any underage person who commits a violation of this section shall be subject to a forfeiture not to exceed the maximum forfeiture provided in Ch. 125, Wis. Stats., except that disposition in proceedings against a person under 18 years of age on the date of disposition may be as provided by § 938.344, Wis. Stats.

(3) A violation of this section by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

N. Continuing business.

[Added 8-12-1996]

(1) It shall be a condition of maintaining and keeping a liquor license in the Town of Linn that the licensee continue in business. Issuance of, or retention of, a license by a party not doing business is hereby declared to be against public policy and lacking in usefulness.

(2) "Business continuation" is hereby defined to be open at least one calendar week in at least six months each year. "Open" means conducting business publicly.

(3) In the event that any licensed party violates this subsection, disciplinary action may be taken by the Town Board, including reprimand, suspension of the license for a specified number of days (up to 90 days), or revocation of the license. Any license that has been revoked shall not be reinstated within the following 12 months. Any disciplinary action taken shall follow notice to the licensee prior to a hearing. Both the hearing notice, which will include the reason for the hearing, and the decision of the Board will be sent by first-class mail to the last known address of the licensee or personally served, at the option of the Town Chairman.[7]

[7] Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

(4) In the event that disciplinary action is taken against an alcohol licensee, the state procedure mandated under present § 125.12, Wis. Stats., or its successor, will be followed. At present, said procedure requires personal service of the hearing notice (summons) and complaint and a hearing within three to 10 days thereafter.

(5) There shall be no refund of any license fee paid to a party whose license is revoked.

(6) In lieu of a hearing, the Town Board may accept surrender of the license, and the Board shall then determine the time period before another application for the same type of license will be accepted from the former licensee.

(7) Evidence and testimony at the hearing shall be done in open session. Pursuant to § 19.85(1)(a), Wis. Stats., the Board may go into closed session to deliberate with regard to its decision, where that possibility has been listed on the hearing notice posted or published. The Clerk shall see that the hearing notice is posted or published, in a format acceptable to the Chairman.

[Amended 9-9-2019]

[1] Editor's Note: See also § 6-10, Alcohol beverages.

§ 10-2 Special events.

[Amended 6-9-2008; 9-9-2019; 2-10-2020 by Ord. No. 2020-006; 2-8-2021 by Ord. No. 2021-002]

A. Purpose. The purpose of these administrative regulations, which may be updated annually by the Town of Linn, is to implement the provisions per § 10-2 of the Town of Linn Code of Ordinances.

B. These regulations apply to all special events held in the Town and include information regarding the application procedure, bases for issuing permits, and fees (application and cost recovery for Township services).

C. Event sponsors are encouraged to contact the Town of Linn Clerk's office for assistance in completing applications and/or to answer questions that may arise.

D. Definitions. Definitions used herein shall be in addition to and/or consistent with those set forth in per § 10-2 of the Town of Linn Code.

APPLICANT

The person or group sponsoring or organizing an event and applying for an event permit required under per § 10-2 of the Town of Linn Code (hereinafter "per § 10-2").

ATHLETIC COMPETITION

An event involving sports, games, or exercises which is reasonably anticipated to obstruct the normal flow of traffic on a public property or otherwise limit public access to public property. Examples include but are not limited to the running/biking/walking/mix of all, or vehicle race.

BARRICADE

A sawhorse, metal gate, barrel or other approved barrier set up by the Town or otherwise permitted in § 10-2 of these regulations as a warning to block the passage of pedestrian and/or vehicular traffic from a designated area.

BLOCK PARTY

An outdoor public event organized by the residents of a neighborhood or residential block and held upon a Town right-of-way for social or entertainment purposes.

BUSINESS DAY

Normal Town work hours occurring Monday through Friday, excluding holidays.

COMMUNITY EVENT

An annual one-day community or neighborhood event organized for celebrating community arts, recreation or culture or to commemorate a holiday, season or special day to the community.

COST RECOVERY

Administrative and departmental costs charged by the Town to an applicant in conjunction with an event permitted under § 10-2 and these regulations.

EVENT PERMIT

Any written authorization issued as required by § 10-2 and these regulations that authorizes the performance of a specified act or acts on a street or other Town property.

FIRST AMENDMENT ACTIVITY

(1) Includes all expressive and associated activity that is protected by the United States and Wisconsin Constitutions, including speech, press, assembly, and/or the right to petition.

(2) For purposes of § 10-2 and these regulations, commercial advertising that is regulated by the Zoning Ordinance, or elsewhere in the code, is excluded from this definition.

MOBILE FOOD ESTABLISHMENT

A restaurant or retail establishment where food is served or sold from a movable vehicle, push cart, trailer or boat which periodically or continuously changes location and requires a service base to accommodate the unit for servicing, cleaning, inspection and maintenance. [Wisconsin Food Code 1-201.10(53m)]

PARADE

For purposes of § 10-2 and these regulations means a march, procession, organized movement, or motorcade consisting of persons, vehicles, or a combination thereof that:

(1) Is held with an intent to attract attention;

(2) Takes place upon roads and streets within the Town or the park;

(3) Interferes or tends to interfere with the normal flow or regulation of pedestrian or vehicular traffic or does not comply with normal and usual traffic, regulations or controls.

PARTICIPANT

In a special event refers to those individuals, including but not limited to the applicant, who take part in the activities of the special event.

PERSON

Any person, firm, partnership, association, corporation, society, company, or organization of any kind.

PUBLIC ASSEMBLY

A group activity, including but not limited to a demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose as a result of prior planning and which has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic upon the streets, parks, sidewalks, or other public grounds within the Town or does not comply with normal and usual traffic, regulations or controls; or which occupies any public area open to the general public to the exclusion of others.

PUBLIC SAFETY SERVICES

Those services provided by the Police Department, the Fire Department or the Department of Emergency Medical Services.

SIDEWALK

Any area or way set aside or open to the public for pedestrian traffic, whether it is paved or not.

SPECIAL EVENTS

(1) A special event shall include but not be limited to a parade, public assembly, performance, meeting, contest, exhibit, athletic competition or presentation, community event, block party, or ceremony. Said event is to be held:

(a) Wholly or partially on property owned or maintained by the Town which is designated by the Town for First Amendment activity or in a traditional public forum;

(b) On a street or sidewalk located within the Town and will likely result in the obstruction of such streets or sidewalks or will likely compromise the ability of the Town to respond to a public safety emergency;

(c) On any other property, but requires for its successful execution the provision and coordination of Town services to a degree over and above that which the Town routinely provides.

(2) The definition of special event is not intended to include:

(a) An activity held solely on private property and which does not otherwise require for its successful execution the provision and coordination of Town services to a degree equal to and/or over and above that which the Town routinely provides;

(b) Programmed activities provided or managed by the Town, i.e., recreational and senior center programs;

(c) Any event that would otherwise fall within the definition of a special event held in a park but which involves fewer than 25 people at the same time within a circumscribed 100-foot radius and does not interfere with regular use of the park by the public (but provisions of § 10-2 may still apply);

(d) First Amendment activity on Town streets or sidewalks (including those in parks) that will not likely result in the obstruction of Town streets or sidewalks nor compromise the ability of the Town to respond to a public safety emergency;

(e) Permitting of sports fields, sports facilities, or park shelters, recreation or senior centers, churches or rummage sales, schools, funerals, or usages otherwise governed by the Code.

STREET

Any paved or unpaved road, thoroughfare, avenue, boulevard, parkway, drive, or other public way set aside or open for purposes of vehicular traffic, including any berm, shoulder or median strip thereof.

TOWN

The Town of Linn.

TRADITIONAL PARADE

One which has been conducted on or about a certain date on a similar route and in connection with a particular holiday for at least the past five years.

TRAFFIC CONTROL

Those activities performed by the Police Department during a special event that relate to the orderly flow of pedestrian, vehicular and other forms of movement along public rights-of-way.

E. Event permit applications. All event permit applications shall be available for pickup or mailing upon request by calling the Town Clerk. They may also be downloaded from the Town's website.

(1) Applications shall be submitted to the Town of Linn Clerk. Applications shall be time-stamped by the Clerk's office upon receipt and processed in the order they are received unless otherwise regulated herein. All review time periods discussed in this Subsection E shall begin to run only upon the Town's receipt of a fully completed application. For example, it is not acceptable to skip portions of the application or to write in "same as last year" in blanks.

(2) If an application is returned to an applicant for failure to fill in all sections as applicable, the time-stamping and preference order discussed in this subsection shall be restarted upon the return of the completed application to the Clerk's office.

(a) Permits for First Amendment activity intended to respond to current events and depending on a timely response shall be evaluated no later than five business days from the receipt of a completed permit application by the Clerk's office.

(b) The applicant shall designate the activity as one involving spontaneous speech in the application. If the Town does not have the opportunity to completely review the requested permit application before a permit is issued under these expedited circumstances, the Town reserves the right to modify the permit duration, route, or location of the special event based upon content-neutral public safety concerns, including but not limited to accommodations for pedestrians, vehicular traffic, staffing availability, and emergency vehicle access.

(c) An application for a traditional parade as defined in these regulations shall be given a preference to continue on the same date and route for the purpose of protecting the expectations and enjoyment of the public. A completed application for a traditional parade is to be provided to the Town no later than 45 days prior to such event.

(d) An application for an athletic competition shall be submitted to the Clerk's office at least 10 weeks before the date at which the event is proposed to commence.

(e) All other special event applications shall be submitted to the Clerk's office at least 45 days before the date at which the event is proposed to commence.

(f) Special events (including those taking place on private property) that will involve temporary requested on-street parking for extended exhibition viewing must also obtain a special event permit pursuant to these regulations. Absent overriding public safety traffic or emergency vehicle access concerns prohibiting temporary parking at the location desired, permits will be issued for those events that:

[1] Run no more than five days.

[2] Request exhibition viewing parking only during off-peak (after 6:00 p.m.; not conducted between 1:00 a.m. and 9:00 a.m.) and weekend or holiday hours.

[3] Involve no more than one lane of blocked traffic at a time. During any closures, there must be an open/available lane in the same direction for traffic to continue.

[4] If signage is desired by the applicant to identify times/dates/locations temporary parking is permitted for the event, the applicant shall work with the Town's Highway Superintendent which shall identify appropriate locations for such signage and shall notify the applicant if any additional permissions/sign variances are required prior to the posting thereof. All signage costs and removal shall be the responsibility of the applicant.

[5] The information requested in the written permit application shall include the following and shall be updated by the applicant in a timely fashion should circumstances change prior to the event:

[a] Application information, including the name, address, and telephone number of the person(s) and, if applicable, the organization seeking to conduct the event and billing address;

[b] A description of the event as well as the requested date(s) and hours;

[c] The location of the event and, if applicable, a route and traffic plan detailing plans for categories listed in the application, including but not limited to the proposed route to be traveled, including the starting point and the termination point, notification to the Town regarding bus route changes, and parking availability for the event;

[d] If roads and/or sidewalks will be closed, the applicant will be required to explain how motorists and business owners and residents will be notified in advance of the event;

[e] If the event is taking place on private property, written authorization from the owner will be required, including the approximate number of participants in the event;

[f] Whether any animals and/or vehicles will be involved in the event and the type of animals and description of the vehicles;

[g] A statement as to whether the event will occupy all or only a portion of the width of the streets proposed to be traversed;

[h] A proposed site plan, including the location of structures, electrical, sanitation, and plumbing and the location by street of any assembly areas for the event;

[i] The time at which any unit of an event will begin to assemble at such area;

[j] If the event is designed to be held by or on behalf of an individual or organization other than the applicant, a letter from said person/group shall be filed with the permit authorizing the applicant to file for the said permit on his/her/its behalf;

[k] A description of any sound systems, or other electrical or other devices to be used in connection with the event, including a list of entertainers/bands/performers;

[l] If applicable, the estimated/approximate number of spectators;

[m] Whether alcohol is planned to be served. Event organizers are required to secure necessary authorizations from appropriate county, state or federal authorities;

[n] A designation of any public services, facilities or equipment to be utilized and a description of event access for persons with disabilities and security plans, if any;

[o] If an applicant wishes to use Town equipment that is made available to the public, it shall be necessary to pay the hourly or flat-fee rental rates set by the Town;

[p] Alternatively, a permit holder may procure barricades from an outside source so long as type and placement are approved by the Highway Superintendent;

[q] Information as to whether any food, beverages or other concessions will be sold within a special event area or concession venue. Any plans to sell concessions must be separately reviewed by the Police Department;

[r] A clean-up plan must be provided. The applicant is expected to clean up after the event. The applicant may provide personnel for cleaning up or may contact the Town's Highway Superintendent according to the rates set by the Town. The applicant shall also address separate receptacle use for recyclables;

[s] If insurance is required as set forth in Subsection J herein, a copy of the certificate listing the Town of Linn as an additional insured and a signed indemnification statement;

[t] A listing of marshals or volunteers for traditional parades. Traditional parade holders are expected to provide 20 parade marshals to assist with staffing street closings at the direction of the police. Please see Exhibit A-2 for more information on costs if volunteers are not provided.[1]

[1] Editor's Note: Exhibit A is on file in the Town offices.

F. Permit issuance.

(1) The Town of Linn Board shall issue a permit as provided for herein when, after a consideration of the application and all other information that is obtained, it finds that:

(a) The proposed event is appropriate for the size and use for which the requested location has been established or designated;

(b) The proposed event will not interfere with a previously permitted event or previously approved construction or maintenance work;

(c) The proposed event will not substantially or unnecessarily interfere with traffic in the area contiguous to the event, or that, if the activity will substantially interfere with traffic, there will be sufficient Town resources available at the time to mitigate the disruption;

(d) The proposed event is scheduled to occur during normal operating hours of the Town for the location requested. Operating hours of facilities are posted therein or may be obtained from the applicable department in charge of said facility;

(e) The applicant has obtained all necessary approvals, permits, or licenses from other governmental agencies or otherwise required pursuant to this Code or state or other applicable law. The Police Department will endeavor to notify the applicant of permits or licenses required by the Town Code, but the applicant must determine what approvals, permits or licenses are required by other governmental agencies;

(f) The noise levels anticipated for the proposed event comply with the applicable section of the Town Code;

(g) The applicant has complied with the application requirements, including but not limited to permit fees, cost recovery, insurance and indemnification requirements where applicable;

(h) The application is complete and does not contain misrepresentations of fact;

(i) The concentration of persons, animals, and vehicles at public assembly points of the event or during a continuous procession will not unduly interfere with property, fire and police protection of, or ambulance service to, areas contiguous to such public assembly or processional areas;

(j) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas.

(2) Event organizers shall be responsible for providing adequate toilet facilities throughout an event venue as required by the Town.

(3) Application for fireworks permits must be made with the Fire Department. Application for such permits must be accompanied by proof of insurance as required by the Fire Chief.

(4) If a special event will include animals, at least one week prior to the event, the applicant or coordinator shall provide the Police Department with a health certificate for each animal to participate as well as the name of a local veterinarian who shall provide care for an injured or sick animal, a copy of the handler's licenses required under federal and/or state law, and verify access to an animal ambulance.

(5) It is recommended that no advertising of the event commence until the applicant receives final permit approval.

G. Denials.

(1) No permit shall be denied based solely on the applicant or content of protected speech scheduled to occur at a special event.

(2) In denying an application for an event permit, the Town of Linn Police shall, where possible, propose measures to cure the defects in the permit.

(3) If the permit is denied due to another event occurring at the same time and location, the Town may authorize the conduct of the event at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall notify the Clerk's office of its acceptance within three days after notice of the denial.

(4) An alternate event permit shall conform to the requirements of, and shall have the effect of, an event permit issued under § 10-2 and these regulations.

H. Fees: event permit application and cost recovery.

(1) Application fees. Event permit application fees shall be nonrefundable and shall be set by the Town.

(2) Cost recovery for town departmental services. Some special events will require the applicant to pay fees (in addition to the application fee) for Town services as described herein. The applicant shall work with the Town to set up a cost recovery plan that will cover departmental charges incurred by the Town relating to any required police traffic control provided by the police, emergency medical services if applicable, as well as other set-up and cleaning activities provided by the Highway Superintendent. Cost recovery shall consider the requirements of § 10-2 of the Town of Linn Code.

(3) The Town will provide the applicant with a cost recovery invoice detailing all fees due prior to the event. A schedule of general fees and specific costs for major categories of special events is set by the Town. Payment in full for estimated cost recovery is required four days before an event is to begin. If any payment is due for events subject to the exigency exception for First Amendment activity, such applicant may pay such costs on the day of the event. Permits will not be issued until payment has been received.

(4) Use of volunteers. The Police Department will work with applicants to determine ways to reduce the need for Town services with the use of volunteers if possible. The use and placement of volunteers is subject to the discretion of the Police Department. To the extent permitted under applicable Wisconsin labor law, organizers will be allowed to hire security guards for security functions related to the special event.

(5) Additional charges.

(a) Property or equipment damage. Within 30 days after the completion of a special event, the Town shall transmit to the applicant (individual or group) an itemized bill setting forth any verifiable damages or loss to Town equipment or property known by the Town to be caused by said applicant during a special event. If the applicant refuses to pay such bill, the Town reserves the right to seek legal recourse permitted under applicable law for recovery of said damages.

(b) The Town reserves the right to assess additional costs for litter and refuse collection to the extent that the applicant fails to meet its obligations as set forth in its cleanup plan required pursuant to these regulations. Charges shall be determined by the Highway Superintendent after he or she receives the verified time sheet of the foreperson in charge of said cleanup. The current applicable hourly rates for Town personnel shall be charged, and an itemized bill shall be sent to the applicant.

If the applicant refuses to pay such bill, the Town reserves the right to seek legal recourse permitted under applicable law for recovery of said damages.

(c) As set forth in § 10-2 of the Code, the Town shall also charge special event applicants and/or sponsors for all optional services specifically requested in writing by such applicant/sponsor, including but not limited to requests for public safety or highway personnel and/or for the use of Town equipment. These costs are for those services requested over and above routine/required cost recovery items.

(d) Any fees required in obtaining other permits needed for an event (such as to allow pyrotechnics or alcohol) are not included in the calculations associated with the special event permit itself and shall be paid separately.

(e) Refunds. If it is determined that the applicant overpaid for cost recovery, the Town will refund money to the applicant within 60 days of the event.

(f) The Town shall not charge any fees for police protection that is required due to potential public response to speech content.

(g) If a special event does not fit within the classifications set forth in Subsection D, the Chief of Police shall determine whether and to what extent the traffic control services of police (including the need for barricades) are reasonably necessary for a special event. The Chief of Police shall base this decision on the following objective criteria:

[1] The location, duration, route, time and date and expected size of the event;

[2] The expected sale or service of alcoholic beverages;

[3] The number of streets and intersections blocked and what portion of the streets are planned to be used for the event;

[4] Whether bridges or main arteries shall be involved in the event route;

[5] The need to detour or preempt citizens' travel on and use of the streets and sidewalks.

(h) As set forth in Subsection E(2)(f)[5][p] herein, barricades specifically requested by a permittee may be provided through the Town's Highway Department for a set fee or by the permittee from an outside source so long as type and placement of the barricades are approved by the Police Department. If provided by the Highway Superintendent, delivery and/or pickup fees will apply.

(i) An applicant is responsible to notify the Clerk's office immediately upon the postponement or cancellation of an event. Applicants will be charged for Town services provided in advance of the event up through the time of notification.

I. Penalties for violations.

(1) Any person found to be in violation of any provision hereof, or any rule, regulation or order made hereunder, shall be subject to a penalty as provided by the Town.

(2) The Town may, at the discretion of the Chief of Police or the Chief's designee, cause the event to cease, be terminated, or shut down after the commencement of the event if the event is not executed in accordance with the terms of the application and permit approved and issued by the Town of Linn. Additionally, the Chief of Police or Chief's designee may stop, terminate, or shut down the event at any time up to and after the commencement of the event if the carrying on of the event poses an immediate and substantial risk of serious bodily harm or damage to property of members of the public.

J. Insurance and indemnification.

(1) General liability insurance. Due to the risk of personal injury and property damage under certain circumstances, insurance will be required under the following conditions:

(a) All athletic competition events.

(b) Any special event involving animal(s), fireworks, automobile(s), use of Town equipment, or other vehicle(s), including but not limited to watercraft, aircraft, motorcycles, or mobile food establishment(s). Where required, the applicant or, if applicable, the organization/sponsor shall maintain insurance in the amount specified below to cover the entire duration of the event.

(c) The applicant shall provide to the Clerk's office a certificate of insurance duly executed by the officers or authorized representatives of a responsible and nonassessable insurance company, evidencing the following minimum coverage(s) and specifically identifying the Town as an additional insured, which insurance shall be noncancelable, except upon 30 days' prior written notice to the Town.

General Liability	Individual Occurrence	Aggregate
Bodily injury including death	$500,000	$1,000,000
Property damage	$50,000	$100,000

(d) All policies must be made on an occurrence basis. Claims-made policies are not acceptable.

(2) Liquor liability. Where the applicant, on behalf of any other persons, organizations, firms or corporations on whose behalf application is made, seeks to hold a special event involving the sale of alcoholic beverages and has otherwise been granted all necessary permits for such purpose, the applicant shall maintain a policy or policies of liquor liability protection with limits of not less than $1,000,000. Such insurance shall be evidenced on the certificate of insurance provided to the Police Department.

(3) Where insurance is required per Subsection J(1) or (2), the applicant on behalf of himself/herself or any other persons, organizations, firms or corporations on whose behalf the application is made, by filing a permit application shall represent, stipulate, contract and agree that they will jointly and severally indemnify and hold the Town harmless against liability, including court costs and attorneys' fees, and attorneys' fees on appeal, for any and all claims for damage to property, or injury to, or death of persons arising from the sponsor's activities authorized by the special event permit. In such circumstances, a specific indemnification statement shall be attached to the application.

§ 10-3 Peddlers, hawkers, canvassers, solicitors and transient merchants.

A. The practice of going in or upon private or public property in the Town by solicitors, peddlers, canvassers, itinerant merchants or transient merchants, not having been requested or invited to do so by the owner or occupant of private premises, business establishments or offices or by the occupants of public buildings or places, for the purpose of soliciting orders for the sale of goods, wares and merchandise, and peddling of the same or soliciting subscriptions for magazines, periodicals, books or other publications, or to solicit contributions, unless licensed or permitted to do so under other ordinances of the Town as exempted from requiring a license or permit by state law is unlawful.

B. This section shall not regulate the following transactions:

(1) Solicitations for charitable, patriotic or philanthropic purposes licensed under the Community Chest or for benefit of local churches.

(2) Any sale required by statute or by the order of any court.

(3) Any bona fide auction sale conducted in the manner provided by law.

§ 10-4 Mobile homes and mobile home parks.

A. State law adopted. Section 66.0435, Wis. Stats., is adopted by reference and made a part of this chapter.

B. Location outside parks.

[Amended 6-9-2008]

(1) Except as provided in this section, no person shall park any mobile home within the Town.

(2) Emergency or temporary stopping or parking is permitted on any street, alley or highway for not longer than one hour subject to any other and further prohibitions or limitations imposed by traffic regulations on such street, alley or highway.

(3) No person shall park or occupy any mobile home on any premises which is situated outside an approved mobile home park. The parking of only one unoccupied mobile home in an accessory private garage building, provided that the same is completely enclosed and out of sight when in such building, is permitted, provided that no living quarters shall be maintained nor any business practiced in said mobile home while it is stored.

C. Permanent occupancy.

(1) Mobile homes shall not be used as a permanent place of abode or as a permanent dwelling or for indefinite periods of time, except as provided in Subsection K of this section, provided that any nondependent mobile home properly connected with the public water supply and sanitary sewer systems may be permitted in a mobile home park if such mobile home shall be constructed and located in compliance with all requirements of the building, plumbing, health, sanitary, electrical and county zoning ordinances.

[Amended 6-9-2008]

(2) Any action toward the removal of wheels, except for temporary purposes of repair, or other action to attach the mobile home to the ground by means of posts, piers or foundation shall subject the mobile home to the requirements of the Building Code as well as this section.[1]

[1] Editor's Note: See Ch. 12, Building Code.

D. License for mobile home park; application and issuance.

(1) No person shall establish, operate, maintain or permit to be established, operated or maintained upon any property owned, leased or controlled by him a mobile home park within the limits of the Town without having first secured a license for each such park from the Town Board pursuant to this section. Such license shall expire one year from the date of issuance but may be renewed under the provisions of this section for additional periods of one year.

(2) The application for such license or the renewal thereof shall be filed with the Clerk and shall be accompanied by a fee as set by the Town Board for each space in the existing or proposed park and a surety bond in the sum of $5,000. This bond shall guarantee the collection by the licensee of the monthly parking permit fee provided for in Subsection N of this section, payment of such fees to the Clerk, and payment by the licensee of any fine or forfeiture including legal costs imposed upon or levied against said licensee for a violation of the ordinances of said Town, pursuant to which said license is granted, and shall be also for the use and benefit and may be prosecuted and recovery had thereon by any person who may be injured or damaged by reason of the licensee violating the provisions of this section. A fee as set by the Town Board shall be paid for each transfer of a license.

[Amended 6-9-2008; 9-9-2019]

(3) The application for a license or a renewal thereof shall be made on forms furnished by the Clerk and shall include the name and address of the owner in fee of the tract (if the fee is vested in some person other than the applicant, a duly verified statement by that person that the applicant is authorized by him to construct or maintain the mobile home park and make the application) and such a legal description of the premises upon which the mobile home park is or will be located as will readily identify and definitely locate the premises. The application shall be accompanied by two copies of the park plan showing the following, either existing or as proposed:

[Amended 9-9-2019]

(a) The extent and area used for park purposes.

(b) Roadways and driveways.

(c) Location of units for mobile homes.

(d) Location and number of sanitary conveniences, including toilets, washrooms, laundries and utility rooms, to be used by occupants of units.

(e) Method and plan of sewage disposal.

(f) Method and plan of garbage removal.

(g) Plan for water supply.

(h) Plan for electrical lighting of units.

E. Inspection and enforcement. No mobile home park license shall be issued until the Clerk shall notify the Chief of Police, Health Inspector, and Building Inspector, or their authorized agents, of such application, and these officials shall inspect or cause to be inspected each application and the premises to determine whether the applicant and the premises on which mobile homes will be located comply with the regulations, ordinances and laws applicable thereto. These officials shall furnish to the Town Board in writing the information derived from such investigation and a statement as to whether the applicant and the premises meet the requirements of the department for whom the officer is certifying. No license shall be renewed without a reinspection of the premises. For the purpose of making inspections and securing enforcement, such officials, or their authorized agents, shall have the right to enter any premises on which a mobile home is located, or about to be located, and to inspect the same and all accommodations connected therewith at any reasonable time.

[Amended 6-9-2008; 9-9-2019]

F. Location of mobile home park.

(1) No mobile home park shall be located in any area not approved for the same by the Town Board.

(2) No occupied mobile home within the limits of the Town shall be located between the recognized setback line for the zoning district in which such mobile home is located and the street or highway or less than 10 feet from any building or other mobile home or from the boundary line of the premises on which located.

G. Park plan.

(1) Every mobile home park shall be located on a well-drained area, and the premises shall be properly graded so as to prevent the accumulation of stormwater or other waters. No mobile home park shall be located in any area that is situated so that drainage from any barnyard, outdoor toilet or other source of filth can be deposited in its location.

(2) Mobile home spaces shall be clearly defined and shall consist of a minimum of 1,000 square feet and a width of not less than 20 feet. The park shall be so arranged that all spaces shall face or abut on a driveway of not less than 20 feet in width giving easy access from all units to a public street. Such driveway shall be graveled or paved and maintained in good condition, having natural drainage, be well lighted at night and shall be unobstructed.

[Amended 6-9-2008]

(3) The park shall be so laid out that no dependent unit shall be located farther than 200 feet from the toilets and service buildings provided for herein, and walkways to such buildings shall be graveled or paved and well lighted at night.

(4) Every mobile home space shall be furnished with an electric service outlet. Such outlet shall be equipped with an externally operated switch or fuse of not less than 30 amperes' capacity and a heavy outlet receptacle. Electrical outlets shall be weatherproof, and no power lines shall be less than 15 feet above ground.

(5) Off-street parking areas for mobile vehicles shall be provided in the ratio of one lot for each mobile home unit.

(6) No mobile home unit shall be parked in a park outside of a designated space.

H. Water supply.

(1) An adequate supply of pure water, furnished through a pipe distribution system connected directly with the public water main, with supply faucets located not more than 200 feet from any dependent mobile home, shall be furnished for drinking and domestic purposes in all parks.

(2) Individual water service connections provided for direct use of an independent unit shall be so constructed that they will not be damaged by the parking of such units. Such system shall be adequate to provide 20 pounds of pressure per square inch and capable of furnishing a minimum of 125 gallons per day per space.

(3) No common drinking vessels shall be permitted nor shall any drinking water faucets be placed in any toilet room.

(4) Every mobile home park serving dependent units shall provide an abundant supply of hot water at all reasonable hours for bathing, washing and laundry facilities.

I. Service buildings and accommodations.

(1) Every mobile home park designed to serve dependent units shall have erected thereon suitable buildings for housing toilets, showers and laundry facilities as required by this section, such buildings to be known as "service buildings." Such service buildings shall be located not more than 200 feet from any dependent unit space nor closer than 15 feet to any mobile home space. Such buildings shall be of permanent construction and adequately lighted, screened and ventilated.

(2) There shall be provided separate toilet rooms for each sex. Water flush toilets shall be required. Toilets shall be provided for each sex in the ratio of one toilet for each eight dependent units or fractions thereof and shall have separate compartments. Every male toilet room shall also contain one urinal for each 16 dependent units, but in no case shall any male toilet be without one urinal. Toilet rooms shall contain lavatories with hot and cold water in the ratio of one lavatory to every two or fewer water closets.

(3) Separate bathing facilities for each sex shall be provided with one shower enclosed in a compartment at least four feet square for each eight dependent units or fraction thereof. Each shower compartment shall be supplemented by an individual dressing compartment of at least 12 square feet.

(4) Laundry facilities shall be provided in the ratio of one double-tray unit, one conventional-type washing machine or one automatic washing machine with electric outlet for each eight units. Sufficient drying facilities shall be available.

(5) Slop sinks for disposal of liquid wastes originating at the units shall be provided in a separate room of the service building in the ratio of one slop sink for each 16 dependent sinks.

(6) The above accommodations shall be based on the total park capacity according to accepted plans.

(7) Floors of toilets, showers and the laundry shall be of concrete, tile or similar materials impervious to water, easily cleaned and pitched to a floor drain.

J. Waste and garbage disposal.

(1) All liquid waste from showers, toilets, laundries, faucets, lavatories, etc., shall be discharged into a sewer system extended from and connected with the public sewer system.

(2) Every space designed to serve a nondependent unit shall be provided with sewer connections which shall comply with the State Plumbing Code. The sewer connection shall be provided with suitable fittings so that watertight connection can be made. Such connections shall be so constructed so that they can be closed when not connected and trapped in such a manner as to be maintained in an odor-free condition.

(3) All sanitary facilities in any unit which are not connected with a public sewer system by approved pipe connections shall be sealed and their use is hereby declared unlawful.

(4) Each faucet shall be equipped with facilities for drainage of waste and excess water.

(5) Every mobile home unit shall be provided with a substantial flytight, watertight metal garbage depository from which the contents shall be removed and disposed of in a sanitary manner at least weekly.

K. Limitation on length of stay and on number of occupants. No person shall occupy any mobile home within the Town for more than 90 days in each twelve-month period, except that upon a showing and proof that there exists in the community a shortage of adequate housing facilities additional stays of 60 days may be granted as an emergency provision, provided that this time limitation shall not apply to the licensee of a mobile home park or his bona fide employees so as to prevent their remaining on the park premises at all times.

L. Management.

(1) In every mobile home park there shall be located the office of the attendant or person in charge of said park. A copy of the park license and of this section shall be posted therein, and the park register shall at all times be kept in said office.

[Amended 6-9-2008]

(2) The attendant or person in charge, together with the licensee, shall:

(a) Keep a register of all guests, to be open at all times to inspection by state and federal officers and the Town Board, which shall shows for all guests:

[1] Names and addresses.

[2] Number of children of school age.

[3] State of legal residence.

[4] Dates of entrance and departure.

[5] License numbers of all mobile homes and towing or other vehicles.

[6] States issuing said licenses.

[7] Purpose of stay in park.

[8] Place of last location and length of stay.

[9] Place of employment of each occupant.

(b) Maintain the park in clean, orderly and sanitary condition at all times.

(c) Ensure that the provisions of this section are complied with and enforced and report promptly to the proper authorities any violations of this section or any other violations of law which may come to his attention.

(d) Report to the Health Inspector all cases of persons or animals affected or suspected of being affected with any communicable disease.

[Amended 6-9-2008]

(e) Maintain in convenient places hand fire extinguishers in the ratio of one to each eight units.

(f) Collect the monthly parking permit fee provided for in Subsection N of this section. A book shall be kept showing the names of the persons paying said service charges and amounts.

(g) Prohibit the lighting of open fires on the premises.

M. Applicability of plumbing, electrical and building ordinances. All plumbing, electrical, building and other work on or at any park licensed under this section shall be subject to the Town ordinances, the requirements of state plumbing, electrical and lighting codes and the regulations of the State Department of Commerce and all requirements as set forth in the Wisconsin Statutes. Licenses and permits granted under this section grant no right to erect or repair any structure or to do plumbing or electrical work.

[Amended 6-9-2008]

N. Monthly parking fee. There is imposed on each owner and operator of a licensed mobile home park a monthly parking permit fee in the amount as determined after hearing as provided by law on every occupied mobile home in the park. It shall be the full and complete responsibility of the licensee to collect the proper amount from each mobile home and pay the full amount to the Town Clerk on or before the 10th day of the month for which such fees are due.

[Amended 6-9-2008; 9-9-2019]

O. Revocation or suspension. The Town Board may revoke or suspend any license or permit issued pursuant to the terms of this section.

§ 10-5 Cleaning dry wells and septic tanks.

A. License required. Any person engaging in the business of cleaning dry wells and septic tanks in the Town shall obtain a license from the Sanitary District.

B. Application. In the application for such license, the applicant shall state his name and address or, if a corporation, the names and addresses of the directors and officers and shall describe the equipment and shall accompany such application with the annual license fee and surety bond hereinafter mentioned and also file a list of the charges made for service.

C. License fee. Each license fee shall be set by the Sanitary District, and the license shall terminate on July 31 of each year with no proration for the amount to be paid.

D. Surety bond. Each applicant for such license shall obtain a surety bond from a reputable company in the amount of $1,000 under which the company shall agree to pay damages to the Town and customer for any damages, nuisance, or pollution resulting from the operation of its equipment or from negligence of its personnel.

§ 10-6 Grass fires. [1]

A. Regulation of setting of field and grass fires. No person shall set fire to grass, field, brush or similar combustible materials in their natural state without having first secured a permit therefor from the Linn Volunteer Fire Department Fire Chief. Such permit shall state the name of the person applying for the same and the location in which the fire is to be set and shall limit the right to setting a fire upon such premises to a period of 10 days from the date of the permit. The Fire Chief, as a condition precedent to issuing of the permit, shall require the applicant to deposit with him a sum as set by the Town Board in cash and shall issue to the person applying for the permit a receipt for the same. The sum shall be returned to the person applying for the permit and to whom the permit was issued on and after 10 days from the date of the permit upon presentation to the Fire Chief of the receipt for the sum and a proper showing that no fire run was made by any Fire Department as a result of setting any fire under the terms of the permit. In the event, however, that a fire run by any Fire Department is required by reason of any fire set in accordance with the terms of the permit, the sum shall be paid by the Fire Chief into the Town treasury to apply upon the cost of such fire run. Permits will not be issued when the Fire Chief has been notified by the Town Board that in its opinion a fire hazard exists, and no permit shall be issued until the Town Board notifies the Fire Chief that he may issue the permit. The Town Fire Department is prohibited from setting fire to all said materials. structures, or any physical objects on private property, unless approved by the Fire Chief for training purposes.

[Amended 6-9-2008; 9-13-2021 by Ord. No. 2021-009]

B. Location of fire. No fire shall be set within 100 feet of a building or where there is immediate danger to such building of destruction by fire.

C. Service by Fire Department. In the event that any fire has been set either under a permit issued or without a permit which requires service of the Town Fire Department to control the same, the person causing such fire to be set shall be liable to the Town for all costs and expenses incurred in connection with the fire run by the Town and shall pay the same upon written notice from the Town Clerk as to the amount thereof. In the event that such payment is not made within 60 days after notice from the Town Clerk, the amount thereof shall be placed upon the tax roll and assessed against the real estate upon which the fire was set and collected by the Town at the next succeeding tax collection.

[Amended 6-9-2008; 9-9-2019]

[1] Editor's Note: See also § 6-13, Outdoor fires.

§ 10-7 Refusal to renew license.

A. Delinquent personal property taxes. No renewal of any license granted by the Town, including liquor licenses, will be granted for any premises or persons for which personal property taxes are delinquent and unpaid.

B. Notice. Prior to the time for the renewal of the license, the Clerk of the Town shall notify the licensee in writing of the Town's intention not to renew the license and provide the licensee with an opportunity for a hearing. The notice shall state the reasons for the intended action.

[Amended 9-9-2019]

C. Hearing. The hearing on the Town's intention not to renew a license shall be held in front of the Town Board not less than three days and not more than 10 days from the date of the notice referred to in Subsection B of this section. If the licensee does not appear at the hearing and the Town Board finds that the licensee has failed to pay personal property taxes, the Town Board shall refuse to renew the license. If the Town Board, after considering arguments presented by the licensee, finds that the licensee has failed to pay personal property taxes, the Town Board shall deny the license renewal.

D. Judicial review. The action of the Town Board in failing to renew any license may be reviewed by the Circuit Court of Walworth County. The procedure for initiating a review shall be conducted in accordance with § 125.12(2)(d), Wis. Stats.

§ 10-8 Sale of cigarettes.

[Added 2-14-2005]

A. License required. Every person, pursuant to § 134.65, Wis. Stats., and this section, who sells in the Town of Linn cigarettes to a person who does not hold a Town of Linn cigarette license shall seek and obtain a cigarette sales license from the Town of Linn. The fee for such license shall be $50 per premises. The license shall be issued from July 1 of one year to June 30 of the next year. The license shall be issued by the Town Clerk of the Town of Linn prior to any person selling any cigarettes without the proper license or permit in the Town of Linn. Such licenses are not transferable from one person to another and are not to be amended from one premises to another.

[Amended 9-9-2019]

B. Application. Every person who sells cigarettes in the Town of Linn shall be required to complete an application for such license. Each application shall include the name of the applicant, the address of the applicant, the address of the premises where the cigarettes are to be sold, the age of the applicant, and the business and residential phone numbers of the applicant.

§ 10-9 Golf cart registration.

[Added 11-16-2020 by Ord. No. 2020-018; amended 10-14-2020 by Ord. No. 2020-0021; 2-8-2021 by Ord. No. 2021-002; 3-22-2021 by Ord. No. 2021-003]

A. Registration. A biennial Town of Linn use permit is required to operate a golf cart on public roads within the limits of the Town. The fee for this permit shall be determined by the Town Board. Upon payment of fees, an operating permit shall be issued for a two-year term. The permit sticker shall be applied to the cart and plainly visible on the front cowling of the cart. Permits are not required if the golf cart is not to be operated on public roadways. Golf cart owners must provide proof of liability insurance in an amount not less than $50,000 to receive a permit.

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

GOLF CART

A gas-powered or electric-powered three- or four-wheeled vehicle originally designed and manufactured for operation on a golf course for sporting purposes and has a speed attainable in one mile of not more than 20 miles per hour. The cart shall be equipped with head- and taillights, and a slow-moving triangle-shaped sign affixed to the outermost rear of the cart if it cannot attain a speed of 25 miles per hour. If the cart has a rear-facing seat, it shall be on the outer portion of that.

B. Operating restrictions.

(1) Golf cart usage is only allowed on Town of Linn roads with a posted speed limit of 25 miles per hour or lower except as further provided herein. Usage is prohibited on and across County Highway B, Wisconsin Highway 120, Maple Ridge Road or any other public road with posted speed limits exceeding 25 miles per hour.

(2) No golf cart may be operated on Township roads before sunrise or after sunset.

(3) No person under the age of 16 may operate any golf cart on any public roads. All legal operators will be required to have a valid driver's license. All passengers must be seated, and seating is limited to two people per bench seat. If a child is a passenger, then the child must be seated in accordance with all child restraint seat requirements by state or federal regulations for said child.

(4) Golf cart operators shall obey all posted road signs, i.e., stop, yield and speed limit signs. Operators shall be subject to Wisconsin Statutes Chapter 346 "Rules of the Road" applicable to automobiles. Forfeitures for violations will be determined by those in effect for automobiles. In particular, the operator must be sober, open alcohol is not allowed on the cart, and all riders must be seated.

(5) Any golf cart which cannot attain a speed of 25 miles per hour must display a slow-moving-vehicle emblem as required by § 347.245(1) Wis. Stats.

(6) No unattended golf cart is permitted on any public roadway while the motor is running or with the key in the ignition.

(7) No person may operate a golf cart on a sidewalk, pedestrian walkway, in any park or any grassy area outside the roadway easement.

(8) Golf carts shall be operated on the extreme right side of the improved roadway and travel with the flow of traffic. Golf carts shall be operated single file.

C. Forfeiture. Operators violating any of the above restrictions will be subject to a forfeiture of not less than $25 nor more than $1,000.

D. Fees. The biennial permit fee shall be $80 which permit shall expire on December 31 of odd years.

E. Effective date. The passage of this section shall take effect from and after its adoption by the Town Board and its posting or publication thereof as required, pursuant to § 60.80, Wis. Stats.