[HISTORY: Adopted by the Village Board of the Village of Wrightstown 10-5-1976 by Ord. No. 1-76 as Secs. 12.01, 12.02 and 12.15 of the 1976 Code. Amendments noted where applicable.]
[Amended 11-30-1999 by Ord. No. 113099B]
A license shall be required for the sale of each of the following or the conduct of the business or activity at the license fee as set forth in Chapter 102, Fees and Penalties. The license fees shall be for one year unless otherwise indicated.
A. 
Dogs.
(1) 
Males or spayed females.
(2) 
Unspayed females.
B. 
Fermented malt beverages.
(1) 
Class A.
(2) 
Class B.
(a) 
Part time.
(b) 
Picnic.
(3) 
Wholesaler's licenses.
(4) 
Operator's licenses.
C. 
Intoxicating liquor.
(1) 
Class A.
(2) 
Class B.
D. 
Peddlers, canvassers and transient merchants.
E. 
Tobacco products.
[Added 4-21-2009 by Ord. No. 04212009]
[Added 5-3-2022 by Ord. No. 05032022]
A. 
Purpose. The purpose of this section is to ensure that the quality of short-term rentals operating within the Village is adequate for protecting public health, safety and general welfare, including establishing minimum standards of space for human occupancy and for an adequate level of maintenance; determining the responsibilities of owners, operators and property managers offering these properties for tourists or transient occupants, to protect the character and stability of all areas, especially residential areas, within the Village; to provide minimum standards necessary for the health and safety of occupant occupying or using buildings, structures or premises; and provisions for the administration and enforcement thereof.
B. 
Definitions. For the purpose of administering and enforcing this section, the terms or words used herein shall be interpreted as follows:
[Amended 11-1-2022 by Ord. No. 11012022]
(1) 
Words used in the present tense include the future.
(2) 
Words in the singular number include the plural number.
(3) 
Words in the plural number include the singular number.
(4) 
The following definitions and conditions apply unless specifically modified:
CLERK/TREASURER
The Village Clerk/Treasurer of the Village of Wrightstown or designee.
CORPORATE ENTITY
A corporation, partnership, limited-liability company, or sole proprietorship licensed to conduct business in this state.
DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary, and sleeping facilities and a bathroom arranged for exclusive use by one occupant or one family (four occupants). Dwelling units include residential, tourist rooming house, seasonal employee housing and dormitory units.
LICENSE
The short-term rental license issued under this section.
OCCUPANT
Includes a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals, including an occupant representative, receiver or other representative appointed according to law. Whenever the word occupant is used in any subsection of this section prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members hereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
OWNER
The owner of a short-term rental.
PROPERTY MANAGER
Any occupant that is not the property owner and is appointed to act as agent and/or provides property management services to one or more short-term rental.
SHORT-TERM RENTAL
A residential dwelling that is offered for rent for a fee and for fewer than 30 consecutive days, as defined in Wis. Stats., § 66.0615(1)(dk) and (2)(a) and § 66.1014(2)(a) and (d)1.
[Amended 11-1-2022 by Ord. No. 11012022; amended 7-18-2023 by Ord. No. 07182023]
STATE
The State of Wisconsin Department of Health, or its designee.
C. 
Operation of short-term rentals.
(1) 
No occupant may maintain, manage, or operate a short-term rental for a period of less than seven consecutive nights, nor may any occupant operate a short-term rental for more than 10 nights each year without a short-term rental license. Every short-term rental shall be operated by a property owner or property manager, Wis. Stats., § 66.1014(2)(d)(2).
[Amended 11-1-2022 by Ord. No. 11012022; 7-18-2023 by Ord. No. 07182023]
(2) 
Each short-term rental is required to have the following licenses and permits:
(a) 
A State of Wisconsin tourist rooming house license;
(b) 
A seller's permit issued by the Wisconsin Department of Revenue pursuant to Wis. Stats., §§ 77.53(3m) and 77.523(1);
(c) 
A room tax permit; and
(d) 
A permit or license issued pursuant to the provisions of this section.
(3) 
Each short-term rental shall comply with all of the following:
(a) 
The total number of days within any license year that the dwelling may be rented, or available for rental, shall not exceed 180 consecutive days commencing with the first day of the rental.
[Amended 7-18-2023 by Ord. No. 07182023]
(b) 
The property owner or property manager shall notify the Clerk/Treasurer, in writing, when the first rental within a license year begins.
[Amended 7-18-2023 by Ord. No. 07182023]
(c) 
No vehicular traffic shall be generated that is greater than normally expected in the residential neighborhood.
(d) 
There shall not be excessive noise, fumes, glare, vibrations generated during the use.
(e) 
Name plates or other signage shall not exceed one square foot. No other signage advertising the short-term rental is permitted on-site. Off-site advertising in media channels relating to the availability of the rental may take place only after all Village, county and state permits and licenses have been obtained.
(f) 
The number of occupants in any unit shall not exceed the limits set forth in the State of Wisconsin Uniform Dwelling Code and other applicable county and Village housing regulations based upon the number of bedrooms in each unit.
(g) 
No recreational vehicles (RVs), camper, tent, or other temporary lodging arrangement shall be permitted on-site as a means of providing additional accommodations for paying guests or other invitees.
(h) 
Any outdoor event held at the short-term rental shall last no longer than one day occurring between the hours of 8:00 a.m. and 10:00 p.m. and only one event per seven-day period. Any activities shall be in compliance with other noise regulations of the Village, Chapter 130.
(i) 
All rentals of the short-term rental shall be subject to payment of the Brown/Outagamie County room tax at the current applicable rate. Permit holders are responsible for complying with all regulations of the room tax §§ 12-9A and 12-9B.
[Amended 11-1-2022 by Ord. No. 11012022]
(j) 
Compliance with all applicable state, county, and local codes and regulations is required.
(k) 
Annual general building inspection is required prior to issuance or renewal of the license.
(l) 
A local property management contact must be on file with the Village at the time of application. The local property manager must be within 25 miles of the short-term rental property and must be available 24 hours a day. The property owner must notify the Village within 24 hours of a change in management contact information for the short-term rental.
(m) 
A short-term rental license will not be issued until the following contingencies have been met:
[1] 
License from the county received;
[2] 
General building and fire code inspection completed by the Village and no outstanding orders remain.
[3] 
Property manager has been approved and permitted.
(n) 
Short-term rental licenses are issued for a one-year period commencing July 1 through June 30 and must be renewed annually subject to Village approval or denial.
[Amended 7-18-2023 by Ord. No. 07182023]
(o) 
The property owner of the short-term rental shall have appropriate insurance for the home that is used for short-term rental (over and above normal home policy) and provide proof of insurance with the license application and renewal.
(p) 
Each short-term rental shall provide a register and require all guests to register their true names and addresses before beginning occupancy of the short-term rental. The register shall be kept intact and available for inspection by representatives of the Village for at least one year.
D. 
Short-term rental license; property manager permit.
(1) 
The Clerk/Treasurer shall issue a short-term rental license to all applicants following the approval of an application and the filing of all documents and records required under this section. The application shall also contain the following information:
(a) 
Identify the property owner with contact information, including mailing address, physical address, and twenty-four-hour phone number;
(b) 
Identify the property manager with contact information, including mailing address, physical address, and twenty-four-hour phone number;
(c) 
The maximum days of occupancy for the premises for individual rentals;
(d) 
The license term; and
(e) 
State lodging license number, if any.
E. 
Short-term rental license procedure.
(1) 
All applications for a short-term rental license shall be filed with the Clerk/Treasurer on forms provided. Applications must be filed by the property owner. No permit shall be issued unless the completed application form is accompanied by payment of the required fee.
(2) 
Each application shall include the following information and documentation for each short-term rental unit:
(a) 
A copy of a State of Wisconsin license for a tourist rooming house license issued under Wis. Stats., § 254.64;
(b) 
A copy of a completed state lodging establishment inspection form dated within one year of the date of issuance or renewal;
(c) 
Proof of insurance;
(d) 
A copy of seller's permit from the department, if any;
(e) 
Floor plan and requested maximum occupancy;
(f) 
Site plan, including available on-site parking;
(g) 
Property management agreement (if applicable);
(h) 
Designation of the property manager.
(i) 
Certification from the property owner that the property meets the requirements of this section;
(j) 
A room tax permit issued by the Village;
(k) 
An employer identification number issued by the Internal Revenue Service.
F. 
Renewal.
(1) 
Each application for a renewal of a permit or license shall include updated information for the documentation on file with the Clerk/Treasurer and payment of the applicable fee. The Clerk/Treasurer shall verify that the information provided on the renewal application is complete and in accordance with the requirements of this section. The Clerk/Treasurer shall request reports from the directed enforcement officer and the Code Enforcement Officer regarding any complaints received, calls for service or actions taken regarding the short-term rental properties. The Clerk/Treasurer shall issue renewal licenses within 30 days of the filing of the application unless the information provided is incomplete or otherwise not in compliance with the requirements of this section and/or the reports from the directed enforcement officer and the Code Enforcement Officer indicate that there are complaints or actions involving the property.
(2) 
If the Clerk/Treasurer finds that the license or permit should not be renewed, the Clerk/Treasurer shall deny the renewal.
(3) 
No permit or license shall be issued or renewed unless there is filed with the Clerk/Treasurer a completed fire inspection report by the Village Fire Inspector dated within one year of the issue date.
(4) 
No permit or license shall be renewed if the applicant or property has outstanding fees, taxes or forfeitures owed to the Village, or is under an order issued by the Code Enforcement Officer, or his designee, to bring the premises into compliance with Village ordinances, unless arrangements for payment have been approved by the Clerk/Treasurer.
G. 
Property manager.
(1) 
Property manager permit. No occupant may act as a property manager for a short-term rental without a property manager permit issued in accordance with the provisions of this section. The property manager permit shall apply to all short-term rentals for which the property manager has exclusive rights for the rental of the property. The property manager must certify to the Village that each short-term rental operating under the short-term rental license complies with the standards of this section.
(2) 
Property manager qualifications. To qualify as a property manager the applicant must meet the following requirements:
(a) 
Be a natural occupant residing in or within 25 miles of the Village or a corporate entity with offices located within 25 miles of the Village.
(b) 
The applicant does not have pending any criminal charge and has not been convicted of a felony or misdemeanor of any offense involving dishonesty, fraud, deceit, robbery, the use or threatened use of force or violence upon another.
(3) 
Each property manager shall be authorized by the property owner to act as the agent for the owner for the receipt of service of notice of violation of this section's provisions and for service of process pursuant to this section and shall be authorized by the owner to allow Village employees, officers and their designees, to enter the owner's property for purposes of inspection and enforcement of this section and/or this Code.
H. 
Standards for short-term rentals.
(1) 
Each short-term rental shall comply with this section's requirements or any other applicable Village ordinance. Each short-term rental shall comply with the following minimum requirements:
(a) 
One internal bathroom for every four occupants;
(b) 
Not less than 150 square feet of floor space for the first occupant thereof and at least an additional 100 square feet of floor space for every additional occupant thereof; the floor space shall be calculated on the basis of total habitable room area. Floor space is determined using interior measurements of each room. Floor space does not include kitchens, bathrooms, closets, garages, or rooms not meeting Uniform Dwelling Code requirements for occupancy. The maximum occupancy for any premises without a separate enclosed bedroom is two people;
(c) 
Not less than one on-site off-street parking space for every four occupants based upon maximum occupancy;
(d) 
A safe, unobstructed means of egress from the short-term rental leading to safe, open space at ground level;
(e) 
Shall have functional smoke detectors and carbon monoxide detectors in accordance with the requirements of Ch. SPS 321, Wis. Adm. Code;
(f) 
Shall not have an accessible wood-burning fireplace unless the property owner provides a certificate from a properly licensed inspector, dated not more than 30 days prior to submission, certifying that the fireplace and chimney have been inspected and are in compliance with National Fire Prevention Association Fire Code, Chapter 211, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances;
(g) 
Shall not have a hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking or any other purpose on any balcony, deck or under any overhanging structure or within 10 feet of any structure;
(h) 
Shall not have a firepit or other similar device used for heating or any other purpose on any balcony, deck or under any overhanging structure or within 20 feet of any structure;
(i) 
All property managers shall carry casualty and liability insurance issued by an insurance company authorized to do business in this state by the Wisconsin Office of the Commissioner of Insurance, with liability limits of not less than $300,000 per individual and $1,000,000 aggregate;
(j) 
Certification of compliance. As a condition of issuance of a license under this section, the property manager shall certify that each managed property is in compliance with the terms and conditions of the license and this section.
I. 
Room tax.
(1) 
Each short-term rental shall comply with the room tax reporting requirements of §§ 12-9A and 12-9B.
[Amended 11-1-2022 by Ord. No. 11012022]
(2) 
Each property manager licensee shall file room tax returns for the managed short-term rentals.
(3) 
All tax returns and supporting documentation filed with the Clerk/Treasurer are confidential and subject to the protections provided under § 56-20 and Wis. Stats., §§ 66.0615(3) and 77.61.
J. 
Display of permit. Each license or permit shall be displayed on the inside of the main entrance door of each short-term rental.
K. 
Appeal and license revocation.
(1) 
The denial of any license or permit application or renewal under this section may be appealed by filing a written appeal request with the Clerk/Treasurer within 10 days of the Village's notice of denial. The appeal shall be heard by the Village Board. The Village Board shall consider the application or renewal and recommendations and may approve or deny the application or renewal.
(2) 
A license may be revoked by the Village Board for one or more of the following reasons:
(a) 
Failure to make payment on taxes or debt owed to the Village;
(b) 
Failure to make payment on the Brown/Outagamie County room tax;
(c) 
Three or more calls for police service, building inspection or the Health Department for nuisance activities or other law violations in a twelve-month period as defined in Chapter 146, Property Maintenance; Chronic Nuisance Premises, § 146-10;
(d) 
Failure to comply with annual Village building inspection requirements;
(e) 
Failure to maintain all required local, county, and state licensing requirements;
(f) 
Failure to use the property as a short-term rental within 12 months of obtaining the Village license;
(g) 
Failure to comply with any requirements cited within Chapter 146;
(h) 
Any violation of local, county, or state laws that substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood.
L. 
Penalties.
(1) 
Any occupant who shall violate any provision of this section shall be subject to a penalty as provided in, Chapter 102, Fees and Penalties, and in the forfeiture amounts as provided for in the bond schedule for the Village Municipal Court.
[Amended 11-1-2022 by Ord. No. 11012022]
(2) 
Penalties set forth in this section shall be in addition to all other remedies of injunction, abatement or costs whether existing under this section or otherwise.
M. 
Fees. Fees for any applications, licenses, inspections and/or permits required under this section shall be as set forth in Chapter 102, Fees and Penalties.
[Amended 11-1-2022 by Ord. No. 11012022]
N. 
Severability. If any provision of this section and its ordinances is held invalid or unconstitutional by any court of competent jurisdiction, such a decision shall not affect the intention of the Village that all provisions of this section and its ordinances therein are separable.
Application for a license under this chapter shall be made to the Village Clerk-Treasurer on a form furnished by the village. Such application shall contain such information as may be required by the provisions of this chapter or as may be otherwise required by the Village Board.
A. 
License fees imposed under § 123-1 shall accompany the license application. If a license is granted, the Village Clerk-Treasurer shall issue the applicant a receipt for his or her license fee.
B. 
No fee paid shall be refunded unless the license is denied.
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 midnight of the last effective day of the license, or unless otherwise provided by these ordinances or state laws.
All licenses issued hereunder shall show the date of issue, the activity licensed and the term of the license and shall be signed by the Village Clerk-Treasurer.
All licenses 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 village upon request.
No license other than a liquor or beer license shall be required under this chapter 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.
An applicant for a license under this chapter thereby consents to the entry of police or authorized representatives of the village 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.
A. 
Except as provided in § 115-13, any license issued under this chapter may be revoked for cause by the Village Board. No license shall be revoked except upon written verified complaint filed with the Village Board by the Village President, a member of the Village Board, the Chief of Police or the Chair of the Finance and Utility Committee or a resident of the village. The licensee shall be served with a copy of the written charges and shall be given an opportunity to be heard before the Village Board. The licensee shall be given notice of the hearing before the Village Board, which shall be not more than 20 nor less than five days after notice, except as otherwise agreed between the parties.
[Amended 11-30-1999 by Ord. No. 113099B]
B. 
At such hearing the licensee shall be entitled to be represented by counsel, shall have the right to present and cross-examine witnesses and, upon request, may have subpoenas issued by the Village President or presiding officer of the Village Board to compel the attendance of witnesses.
C. 
After hearing the evidence, the Village Board may revoke such license or impose a limited period of suspension. The determination of the Board shall be final.
D. 
The Village President or Village Board may suspend the license of a licensee hereunder without hearing for not to exceed 10 days.
E. 
The Police Department shall repossess any license revoked hereunder.
F. 
If the licensee does not apply for a hearing within the time provided, the license may be revoked by the Village Board.
Any person who shall violate any provision of this chapter or who shall fail to obtain a license or permit as required herein shall, unless otherwise indicated, be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18.