1. PERMIT REQUIRED. No person shall conduct or carry on the sale by auction of any goods, wares and merchandise or other property within the City unless a permit for the conduct of the auction shall have been obtained from the City Clerk by the owner or owners of the property to be auctioned. Any auctioneer in charge of an auction may apply for and obtain a permit on behalf of his principal.
2. FEES. (Am. #22-82) The fee for such permit shall be $25 and the Treasurer's receipt therefor shall be presented to the City Clerk before he shall issue any permit hereunder. If, however, any person shall conduct auctions at a specified location on at least 6 separate occasions during a license year, such person may obtain a permit therefor upon payment to the Treasurer of a permit fee of $50 and upon presentation to the City Clerk of such receipt, the Clerk shall issue a permit valid until the next June 30.
3. FORM OF PERMIT. All permits issued hereunder shall be signed by the City Clerk and shall indicate the name of the owner or owners of the property to be auctioned and of the auctioneer, the date of the auction and the place where the auction is to be held. If the auction is of numerous items placed for auction on a consignment basis, the names of the owners of the property need not be listed but the permit shall state that the auction is a consignment auction.
4. PERMITS NONTRANSFERABLE. Permits issued hereunder may not be transferred as to person or place.
5. JUDICIAL SALES, ETC., EXCEPTED. This section shall not extend to any sale by auction of goods, wares or merchandise under or by virtue of any rule, order or judgment of any court in relation to jurisdictional sales conducted by the court direction or by court order only in a pending action before the court, or of any law respecting the collection of any tax or duty either state or federal or to any sale by auction of property belonging to this State or the United States or to any sale by any trustee in bankruptcy or any sale made by any executor or administrator or guardian duly authorized by the court to conduct such sale personally or when made by an officer of any court in person or by an officer of this City, County or State or the United States in person or to any person making a bona fide disposal of his property for the reason that such person is entering the Armed Forces of the United States or any of the women's auxiliary military services established by the Act of Congress.
6. REAL ESTATE SALES EXCEPTED. This section shall not apply to auctions of real estate by a licensed real estate broker.
7. OWNERS PRESENCE REQUIRED. No auction sale shall be conducted in the name of any person other than the bona fide owner of the merchandise except consignment auctions designated as such. Whenever any auction sale is being conducted the person to whom the permit has been granted or the auctioneer shall remain in continuous attendance at all times while such sale is being conducted and shall be responsible for any violation of this section.
8. DISTURBING THE PEACE. No auction shall be conducted in a loud, boisterous or raucous manner so as to disturb the peace and quiet of the neighborhood in which it is held.
9. PROHIBITED ON STREETS, ETC. No goods, wares or merchandise shall be placed upon the public streets for exhibition or sale at auction.

1. LICENSE REQUIRED. No person shall engage in the junk business without being licensed and otherwise complying with this section.
2. DEFINITIONS. The following terms as used in this section shall mean:
   1. "Junk." Old iron, chain, brass, copper, tin, lead or other base metals, paper, waste paper, paper clippings, rags, rubber, glass or bottles, and all articles and things discarded as manufactured articles composed of or consisting of any one or more of the materials or articles mentioned, including industrial metal or scrap, or other material commonly included within the term "junk."
   2. "Junk Business." The buying, selling, gathering, delivering, or storing of junk.
   3. "Junk Dealer." A person who buys, sells, gathers, delivers or stores junk and maintains a yard or building therefor.
   4. "Junk Peddler." A person engaged in buying and gathering junk by means of any vehicle.
   5. "Itinerant Junk Dealers." Any person who buys, sells, collects, or delivers junk within the City as a business or employment within the City, but who is not an operator of a junk yard within the City or an employee of such an operator.
3. APPLICATION FOR LICENSE. No license shall be granted until the license fee has been paid to the City Treasurer, and an application has been filed with the City Clerk containing the following information:
   1. The full name and residence of the applicant; and in case of a firm or association the full names and residences of the members of the firm or association; and in case of a corporation the full names and residences of the officers thereof.
   2. Address and description of applicant's place of business.
   3. A complete statement of the business to be carried on.
   4. An enumeration of the articles and merchandise to be handled on the premises and a statement as to whether the junk to be stored is combustible or incombustible.
   5. Such other information as the Common Council or the License Committee may from time to time require.
4. POLICE RIGHT OF ENTRY. Each application shall execute a permit granting the Police Department of the City permission to inspect and search the licensed premises.
5. FALSE STATEMENTS. Any false statements in the application shall nullify any license issued.
6. COUNCIL ACTION REQUIRED. No license shall be granted under this section until the Common Council shall authorize the same. In considering such application, the Common Council shall take into account, among other things, the nature and development of surrounding property, the proximity of churches, schools, hospitals, public buildings or other places of special gathering, the health, safety and general welfare of the public, traffic volume, congestion and hazards at the place of applicant's proposed location and in streets adjacent thereto.
7. FEES AND TERM. (Am. #22-82) All licenses issued under this section shall expire on the following June 30. The fee is $75 for each junk business including one vehicle, plus $5 for each additional vehicle.
8. REVENUES AND EXPENSES. The City Clerk shall secure the necessary blanks, tags and cards and the expenses thereof shall be properly allowed and paid by the City out of the general fund, and all monies derived from such licenses shall be turned into the general fund.
9. LOCATIONS RESTRICTED. Premises for the storage of junk shall be maintained only in the general manufacturing district and no junk dealer shall use or maintain more than one such location.
10. DISPLAY OF LICENSE TAGS. The City Clerk shall issue each dealer licensed hereunder a metal tag or license with the words "City of Waukesha Junk Dealer" imprinted thereon. Such license or tag shall also show the expiration date thereon. No vehicle shall be used for the purposes stated in this chapter unless the vehicle license issued by the City Clerk is attached thereto or permanently displayed thereon.
11. PICK UP OF JUNK FROM TERRACES. (Am. #15-91) Any person may pick up, gather, or collect junk or refuse left on terraces for collection by the City, provided such pickup, gathering, or collection shall be done between 8:00 a.m. and 8:00 p.m. only and provided such junk or refuse is not scattered about to cause either the City or the person who placed such junk or refuse on the terrace to clean up the remaining junk or refuse. Any person who shall scatter such junk or refuse shall be responsible for correcting such condition and shall be subject to penalty.
12. STORAGE OF COMBUSTIBLE JUNK. No combustible junk shall be stored in any building unless the building is approved by the Building Inspector and is of fireproof construction as defined in the Building Code.
13. RECORD OF PURCHASES. A written record consisting of an accurate description and price of the goods, articles and things purchased, together with the name, age and residence of the seller, shall be maintained by each licensee hereunder. Such record shall be open to the police or to any citizen whose property has been stolen and who demands inspection to assist in the discovery thereof.
14. TIME BEFORE DISPOSAL. No nonferrous metals shall be disposed of within 48 hours after purchase thereof by any licensee hereunder.
15. PURCHASE FROM MINORS, ETC. No purchase shall be made from any child or children under 18 years of age, or from any intoxicated persons or habitual drunkards, or unknown persons.
16. PURCHASE OF CERTAIN PROPERTY. No person shall purchase used pipe, faucets, boilers, spigots or coils from any person except the manufacturer thereof, a licensed plumber, a licensed peddler or the owner of the building from which the material was taken.
17. RODENTS AND VERMIN. Effective means for the elimination of the rodents or vermin commonly infesting junk areas shall be administered by all licensees hereunder.
18. GARBAGE. No person shall store any garbage materials on the premises licensed hereunder, except in compliance with the sections pertaining to garbage.
19. HOURS. No dealer in junk shall keep open his store or place of business to the public for the purchase of junk or any operation pertaining to such occupation on Sundays or legal holidays. Such dealer may, however, on Sundays and legal holidays perform equipment maintenance, yard and ground maintenance and general office work on his premises.
20. ITINERANT JUNK DEALER.
    1. Application for License. No license shall be granted to an itinerant junk dealer until the license fee has been paid to the City Treasurer and an application has been filed with the City Clerk containing the following information:
       1. Name, residence address and telephone number.
       2. Trade names and exact location of business currently operated by applicant.
       3. Names and addresses of 2 persons other than employees or relatives (preferably local residents) who know applicant personally.
       4. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, date of its commission and punishment or penalty assessed therefor.
       5. Such other information as the Ordinance and License Committee or Common Council shall find reasonably necessary to effectuate the purposes of this section and to arrive at a fair determination of whether the terms of this section have been complied with.
    2. Investigation and Issuance of License. Upon receipt of an application for an itinerant junk dealer license as provided herein, the Clerk shall furnish copies of the same to the Ordinance and License Committee and the Chief of Police, who shall cause an investigation to be made of applicant's business responsibilities and moral character. If such are found to be satisfactory and the fee prescribed in this section has been paid, the Common Council shall within 30 days after the filing of the application, issue an itinerant junk dealer's license to the applicant. If found to be unsatisfactory, applicant shall within 30 days be notified by the Ordinance and License Committee that his application is disapproved and that no license will be issued.
    3. Fee and Term. (Am. #22-82) All licenses issued to itinerant junk dealers shall expire on the following June 30. The fee is $75 for each itinerant junk dealer, including one vehicle, and $5 for each additional vehicle.
    4. License Not Transferable. No licenses issued to an itinerant junk dealer shall be transferred or assigned or used by any person other than the one to whom it was issued, nor on vehicles other than owned or used by the licensee.
    5. General Operating Requirement.
       1. Each vehicle used by the licensee within the City shall have attached thereto or permanently displayed thereon, the metal tag or license issued by the City Clerk. The operator thereof shall also have an identification card showing the name and address of the licensee to whom the dealer's license is issued.
       2. No purchase or receipt of junk from any person under the age of 18 yrs. shall be made by a dealer without the written consent of a parent or guardian of such person. The dealer shall retain such writing for a period of at least 2 wks. and shall produce it within a reasonable time upon the request of a member of the Ordinance and License Committee or the Common Council. A written record containing an accurate description and price of items purchased together with name, age and residence of seller shall be maintained by each licensee. Such records shall be open to the police or to any citizen whose property has been stolen and who demands inspection to assist in the discovery thereof.
    6. Revenues and Expenses. The City Clerk shall secure the necessary blanks, tags and cards for the purpose of administering this section and the expenses thereof shall be allowed and paid by the City out of the general fund. All license revenues received under this section shall be turned into the general fund.
21. REVOCATION OF LICENSES. Upon complaint being made in writing by any 3 residents or an official of the City to the Common Council that any licensee hereunder has violated any of the provisions of this section, the Council shall summon such licensee to appear before it at a regular or special meeting, to show cause why his license shall not be revoked. The Common Council, shall, thereupon, proceed to hear the matter and, if it finds that the allegations of the complaint are true, may revoke the license of such person. No other license shall be granted to such person for 12 months after revocation, nor shall any part of the license fee be refunded.

Secondhand and Antique Dealers and Dealers in Precious Stones and Metals.

1. DEFINITIONS. In this section:
   
   a. "Article" means any of the following articles except jewelry:
   
   1. Audio-visual equipment.
   
   2. Bicycles.
   
   3. China.
   
   4. Computers, printers, software and computer supplies.
   
   5. Computer toys and games.
   
   6. Coin Collections.
   
   7. Crystal.
   
   8. Electronic equipment.
   
   9. (Am. 6-12) Fur coats, fur clothing.
   
   10. Ammunition, guns, and knives.
   
   11. Microwave ovens.
   
   12. Office equipment.
   
   13. Pianos, organs, guitars and other musical instruments.
   
   14. Silverware and flatware.
   
   15. Small electrical appliances.
   
   16. Telephones.
   
   17. Other tangible personal property.
   am. "Charitable Organization" means a corporation, trust or community chest, fund or foundation, organized and operated exclusively for religious, charitable, scientific, literary or educational purposes or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
   
   b. "Customer" means a person with whom a pawnbroker, secondhand article dealer or secondhand jewelry dealer or an agent thereof engages in a transaction of purchase, sale receipt of exchange of any secondhand article or secondhand jewelry.
   
   c. "Jewelry" means any tangible personal property ordinarily wearable on the person and consisting in whole or in part of any metal, mineral or gem customarily regarded as precious or semiprecious.
   
   d. "Municipality" means a city or village.
   
   e. "Pawnbroker" means any person who engages in the business of lending money on the deposit or pledge of any article or jewelry, or purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price.
   
   f. "Secondhand" means owned by any person, except a wholesaler, retailer or secondhand article dealer or secondhand jewelry dealer licensed under this section, immediately before the transaction at hand.
   
   g. (Am. #62-96) "Secondhand Article Dealer" means any person who engages in the business of purchasing or selling secondhand articles, except when engaging in any of the following:
   
   1. Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show, a convention or an auction.
   
   2. Any transaction entered into by a person while engaged in a business for which the person is licensed under sub. (2) or (4) or while engaged in the business of junk collector, junk dealer, auctioneer or scrap processor as described in §70.995(2) (x), Wis. Stats.
   3. Any transaction while operating as a charitable organization or conducting a sale the proceeds of which are donated to a charitable organization.
   
   4. Any transaction between a buyer of a new article and the person who sold the article when new which involves any of the following:
   
   a. The return of the article. b. The exchange of the article for a different, new article.
   
   5. Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization.
   
   6. Any transaction as a seller of a secondhand article which the person bought from a charitable organization if the secondhand article was a gift to the charitable organization.
   
   h. (Cr. #62-96) "Secondhand Jewelry Dealer" means any person, other than an auctioneer, who engages in the business of any transaction consisting of purchasing, selling, receiving or exchanging secondhand jewelry, except for the following:
   
   1. Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show or a convention.
   
   2. Any transaction with a licensed secondhand jewelry dealer.
   
   3. Any transaction entered into by a person while engaged in a business of smelting, refining, assaying or manufacturing precious metals, gems or valuable articles if the person has no retail operation open to the public.
   
   4. Any transaction between a buyer of new jewelry and the person who sold the jewelry when new which involves any of the following:
   
   a. The return of the jewelry.
   
   b. The exchange of the jewelry for different, new jewelry.
   
   5. Any transaction as a purchaser of secondhand jewelry from a charitable organization if the secondhand jewelry was a gift to the charitable organization.
   
   6. Any transaction as a seller of secondhand jewelry which the person bought from a charitable organization if the secondhand jewelry was a gift to the charitable organization.
   
   i. (Cr. #62-96) "Auctioneer" means an individual who is registered as an auctioneer under ch. 480, Wis. Stats., and who sells secondhand articles or secondhand jewelry at an auction, as defined in sec. 480.01(1), Wis. Stats.
   
2. LICENSE FOR PAWNBROKER. No person may operate as a pawnbroker unless the person first obtains a pawnbroker's license under this section.
3. LICENSE FOR SECONDHAND ARTICLE DEALER.
   1. Except as provided in par. (b), no person may operate as a secondhand article dealer unless the person first obtains a secondhand article dealer's license under this section.
   2. A person who operates as a secondhand article dealer only on premises or land owned by a person having a secondhand dealer mall or flea market license under sub. (9) need not obtain a secondhand article dealer's license.
4. LICENSE FOR SECONDHAND JEWELRY DEALER. No person may operate as a secondhand jewelry dealer unless the person first obtains a secondhand jewelry dealer's license under this section.
5. LICENSE APPLICATION. A person wishing to operate as a pawnbroker, secondhand article dealer or secondhand jewelry dealer in the City shall apply to the City Clerk for a license. The applicant shall include the following:
   1. (Am. #6-12) The applicant's name, place and date of birth and residence address and all the states where the applicant has previously resided.
   2. The names and addresses of the business and of the owner of the business premises.
   3. (Am. #6-12) A statement as to whether the applicant has been convicted within the preceding 10 years of a felony or preceding 10 years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation in which the circumstances of the felony, misdemeanor or other offense substantially relate to the circumstances of the licensed activity and, if so, the nature and date of the offense and the penalty assessed.
   4. Whether the applicant is a natural person, corporation or partnership, and:
      1. If the applicant is a corporation, the state where incorporated and the names and addresses of all officers and directors.
      2. If the applicant is a partnership, the names and addresses of all partners.
      3. (Cr. #6-12) If the applicant is a limited liability company, the names and addresses of all its members.
   5. The name of the manager or proprietor of the business.
   6. Any other information that the county or municipal clerk may reasonably require.
6. INVESTIGATION OF LICENSE APPLICANT. (Am. #6-12) The Police Department shall investigate each applicant for a pawnbroker's secondhand article dealer's or secondhand jewelry dealer's license to determine whether the applicant has been convicted within the preceding 10 years of a felony or within the preceding 10 years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation described under sub. (5)(c) and, if so, the nature and date of the offense and the penalty assessed. The law enforcement agency shall furnish the information derived from that investigation in writing to the clerk of the municipality or county.
7. LICENSE ISSUANCE.
   1. The Common Council shall grant the license if all of the following apply:
      1. (Am. #6-12) The applicant, including an individual, a partner, a member of a limited liability company, or an officer, director or agent of any corporate applicant, has not been convicted within the preceding 10 years of a felony or within the preceding 10 years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation in which the circumstances of the felony, misdemeanor or other offense substantially relate to the circumstances of being a pawnbroker, secondhand jewelry dealer, secondhand article dealer or secondhand article dealer mall or flea market owner.
      2. With respect to an applicant for a pawnbroker's licenses, the applicant provides to the governing body a bond of $500, with not less than 2 sureties, for the observation of all municipal ordinances relating to pawnbrokers.
   2. No license issued under this subsection may be transferred.
   3. (Ren. 4-26-13) Each license for a pawnbroker, secondhand article dealer or secondhand jewelry dealer is valid from July 1 until the following June 30.
   4. (Ren. 4-26-13) Each license for a secondhand article dealer mall or flea market is valid for 2 years, from May 1 of an odd-numbered year until April 30 of the next odd-numbered year.
8. PAWNBROKER AND DEALER REQUIREMENTS.
   1. Identification. No pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer without first securing adequate identification from the customer. At the time of the transaction, the pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to present one of the following types of identification:
      1. A county identification card.
      2. A state identification card.
      3. A valid Wisconsin motor vehicle operator's license.
      4. A valid motor vehicle operator's license, containing a picture, issued by another state.
      5. A military identification card.
      6. A valid passport.
      7. An alien registration card.
      8. A senior citizen's identification card containing a photograph.
      9. (Removed #6-12)
   2. Transactions With Minors.
      1. Except as provided in subd. 2, no pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from any minor.
      2. A pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction described under subd. 1 if the minor is accompanied by his or her parent or guardian at the time of the transaction or if the minor provides the pawnbroker, secondhand article dealer or secondhand jewelry dealer with the parent's or guardian's written consent to engage in the particular transaction.
   3. (Am. #6-12) Records To Be Maintained.
      1. (Am. #6-12) Except as provided in subd. 2, for each transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to complete and sign, in ink, the appropriate form provided under sub. (12). No entry on such a form may be erased, mutilated or changed. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall retain an original and duplicate of each form for not less than 1 year after the date of the transaction, except as provided in paragraph (e) and during that period shall make the duplicate available to any law enforcement officer for inspection at any reasonable time.
      2. For every secondhand article purchased, received or exchanged by a secondhand article dealer from a customer off the secondhand article dealer's premises or consigned to the secondhand article dealer for sale on the secondhand article dealer's premises, the secondhand article dealer shall keep a written inventory. In this inventory the secondhand article dealer shall record the name and address of each customer, the date, time and place of the transaction and a detailed description of the article which is the subject of the transaction. The customer shall sign his or her name on a declaration of ownership of the secondhand article identified in the inventory and shall state that he or she owns the secondhand article. The secondhand article dealer shall retain an original and a duplicate of each entry and declaration of ownership relating to the purchase, receipt or exchange of any secondhand article for not less than one year after the date of the transaction except as provided in par. (e), and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any reasonable time.
      3. (Cr. #6-12) Every secondhand article dealer shall on a weekly basis prepare a list that contains the name and address of each customer of the secondhand article dealer during the week for which the list was prepared, the date, time, and place of each transaction with each of those customers, and detailed description of the secondhand article, including the serial number and model number if any. The secondhand dealer shall retain the list for not less than one year after the date on which the list was prepared and make it available to any law enforcement office for inspection at any time that the business is open to the public or any other reasonable time.
   4. Electronic Recording. (Cr. #6-12)
      1. All secondhand dealers, secondhand jewelry dealers and pawnbrokers shall electronically report to the City of Waukesha Police Department each article purchased using a computer program approved by the City of Waukesha Police Department. Such report shall occur no more than 24 hours after the article is purchased or received and shall contain a complete description as required in subsection (8)(c) 1. and 2.
      2. If the secondhand article dealer, secondhand jewelry dealer or pawnbroker is unable to successfully transfer the required report by computer, the secondhand artice dealer, secondhand jewelry dealer or pawnbroker must provide the Waukesha Police Department with printed copies of all reportable transactions by 12:00 p.m. the next business day.
      3. If a computer problem is determined to be in the computer system of the secondhand article dealer, secondhand jewelry dealer or pawnbroker and is not corrected by the close of the first business day following the failure, the secondhand article dealer, secondhand jewelry dealer or pawnbroker must provide the required reports manually or be charged a daily reporting fee of $10 per day until the error is corrected. If the problem is determined to be outside the secondhand article dealer’s secondhand jewelry dealer’s or pawnbroker’s computer system, the secondhand article dealer, secondhand jewelry dealer or pawnbroker must provide the required reports manually.
      4. Regardless of the cause or origin of the technical problems that prevented the secondhand article dealer, secondhand jewelry dealer or pawnbroker from uploading the reportable transactions, upon correction of the problem the secondhand article dealer, secondhand jewelry dealer or pawnbroker shall upload every reportable transaction from every business day the problem has existed.
   5. Holding Period. (Ren. #6-12)
      1. (Cr. #6-12) Any secondhand article or secondhand jewelry purchased or received by a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall be kept on the pawnbroker, secondhand article dealer’s or secondhand jewelry dealer’s premise or other place for safekeeping for not less than 7 days after the report is submitted to the City of Waukesha Police Department electronically.
      2. (Ren. & Am. #6-12) During the period set forth in subd. 1, the secondhand article or secondhand jewelry shall be held separate and apart and may not be altered in any manner. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall permit any law enforcement officer to inspect the secondhand article or secondhand jewelry during this period. Within 24 hours after a written request of a law enforcement officer during this period, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available for inspection any secondhand article or secondhand jewelry which is kept off the premises for safekeeping. Any law enforcement officer who has reason to believe any secondhand article or secondhand jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand article dealer or secondhand jewelry dealer to hold that secondhand article or secondhand jewelry for a reasonable length of time which the law enforcement officer considers necessary to identify it.
      3. (Ren. & Am. #6-12) Subdivisions 1 to 42 do not apply to any of the following:
         1. (Cr. # 6-12) A coin of the United States, any gold or silver coin, or gold or silver bullion.
         2. (Cr. #6-12) A secondhand article or secondhand jewelry consigned to a pawnbroker, secondhand article dealer or secondhand jewelry dealer.
   6. (Ren. #6-12) Report to law enforcement agency. Within 24 hours after purchasing or receiving a secondhand article or secondhand jewelry, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available, for inspection by a law enforcement officer, the original form completed under par. (c) 1 or the inventory under par. (c) 2, whichever is appropriate. Notwithstanding §19.35(1), Wis. Stats, a law enforcement agency receiving the original form or inventory or a declaration of ownership may disclose it only to another law enforcement agency.
   7. (Ren. #6-12) Exception for customer return or exchange. Nothing in this subsection applies to the return or exchange, from a customer to a secondhand article dealer or secondhand jewelry dealer, of any secondhand article or secondhand jewelry purchased from the secondhand article dealer or secondhand jewelry dealer.
9. SECONDHAND ARTICLE DEALER MALL OR FLEA MARKET.
   1. The owner of any premises or land upon which 2 or more persons operate as secondhand article dealers may obtain a secondhand article dealer mall or flea market license for the premises or land if the following conditions are met:
      1. Each secondhand article dealer occupies a separate sales location and identifies himself or herself to the public as a separate secondhand article dealer.
      2. The secondhand article dealer mall or flea market is operated under one name and at one address, and is under the control of the secondhand article dealer mall or flea market license holder.
      3. All sales are completed at a central location under the control of the secondhand article dealer mall or flea market license holder, who maintains a record of all sales.
   2. The secondhand article dealer license holder and each secondhand article dealer operating upon the premises or land shall comply with sub. (8).
10. LICENSE REVOCATION. A governing body of a county or municipality may revoke any license issued by it under this section for fraud, misrepresentation or false statement contained in the application for a license or for any violation of this section or s. 943.34, 948.62, or 948.63, Wis. Stats.
11. FEES. The license fees under this section are:
    1. For a pawnbroker's license, $210.
    2. For a secondhand article dealer's license, $40.
    3. For a secondhand jewelry dealer's license, $40.
    4. For a secondhand article dealer mall or flea market license, $165.
12. APPLICATIONS AND FORMS. The Department of Justice shall develop applications and other forms required under subs. (5) intro.) and (8) (c). The Department of Justice shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no cost.
13. PENALTY.
    1. Upon conviction for a first offense under this section, a person shall forfeit not less than $50 nor more than $1,000.
    2. Upon conviction for a 2nd or subsequent offense under this section, a person shall forfeit not less than $500 nor more than $2,000.

(Rep. & Recr. #29-85)

(1) Definitions.

(a) Amusement Arcade means a premises that meets all of the following:

(i) Is a Public Place of Accommodation or Amusement as defined in Wis. Stat. §106.52(1)(e).

(ii) Has within it more than four Amusement Games, as defined below, that are offered for use after payment of a fee by the user.

(iii) Is not licensed as a “Class B” retail premises. A “Class B” premises is exempt from the licensing requirement of this Section.

(b) Amusement Game means any machine, game, or device intended for amusement, including without limitation video games, pinball machines, foosball tables, air hockey tables, table shuffle boards, skee ball, basketball games, golf simulators, quiz games, and all other similar games and devices for recreation, pleasure, and amusement. Regardless of the foregoing, Amusement Game does not include jukeboxes, which are subject to permitting under Mun. Code §8.05; pool tables, billiards tables, or bowling alleys, which are subject to licensing under Mun. Code §8.07; or games at carnivals, festivals, or fairs, which are subject to permitting under Mun. Code §8.11.

(2) Requirement of License. All Amusement Arcades shall obtain and maintain at all times while open for business an Amusement Arcade License issued by the City Clerk. Licenses shall be in a form prepared by the City Clerk and shall be displayed in the Amusement Arcade at all times.

(3) License Period. Licenses shall be good for one year, and shall expire each year on June 30.

(4) Licenses Not Transferable. Licenses shall not be transferable among premises or persons.

(5) Fee. The annual fee for an Amusement Arcade License shall be as shown in the License Fee Schedule approved by the Common Council from time to time and maintained by the City Clerk. The fee shall be payable upon application and renewals, shall be non-refundable, and shall not be prorated.

(6) Application for Amusement Arcade License.

(a) Application for a license shall be on a form furnished by the City Clerk, and shall be filed with the City Clerk.

(b) The application shall require the following information:

(i) Name and address of the applicant. If the applicant is a partnership, corporation, limited-liability company, association, club, or other such entity, the names and addresses of all partners, members, officers, and directors shall be given.

(ii) Address of the Amusement Arcade and the name and address of the owner of the property.

(iii) The number of Amusement Games to be located in the Amusement Arcade.

(7) Issuance of Amusement Arcade License. Amusement Arcade Licenses shall be issued by the City Clerk if all of the following are met:

(a) The applicant is at least 18 years of age, if an individual.

(b) The application is complete and accurate.

(c) The fee has been paid in full.

(d) The applicant is not in default of payment of any other fees, charges, forfeitures, or other amounts due to the City or Municipal Court.

(e) The premises in which the Amusement Arcade is located is not in default of payment of property taxes.

(8) Supervision and Hours of Operation.

(a) An individual 18 years of age or older having authority to supervise operations of the Amusement Arcade shall be on the premises at all times that it is open for business.

(b) Amusement Arcades shall not be open for business from 12:30 a.m. to 9:00 a.m.

(9) Consent to Entry. Every entity holding an Amusement Arcade License consents as a condition to holding that license to the entry of Police, Fire Department, Building Inspection, or other authorized representatives of the City at all reasonable hours for the purpose of inspection.

(10) Revocation or Suspension of Amusement Arcade License. An Amusement Arcade License may be revoked or suspended, and the operation of the Amusement Arcade shall immediately cease, for any of the following reasons. Revocation or suspension shall occur only after a due-process hearing before the Common Council.

(a) Any violation of the provisions of this Mun. Code §8.04.

(b) A refusal to allow entry by City personnel pursuant to subsection (9).

(c) The existence of any gambling machine, as defined in Wis. Stat. §945.01(3), gambling or fraudulent devices or practices within the Amusement Arcade. Buy-backs of replays constitutes gambling.

(d) The presence of any Amusement Game that is illegal under Federal or State law in the Amusement Arcade.

(e) The existence of any illegal, indecent, or immoral activities within the Amusement Arcade.

(f) Any other reasons deemed to be good cause by the Common Council for the protection of the health, safety, and welfare of citizens.

Repealed and Recreated by Ord. 52-82

Amended by Ord. 17-83

Amended by Ord. 41-83

Amended by Ord. 25-89

1. PERMIT REQUIRED. No person shall, directly or indirectly, maintain or use in any building, store or other premises where they are used or employed for amusement on a commercial basis or in commercial places and which require the deposit of coins for the operation thereof, any juke boxes or mechanical music machines without first obtaining a permit from the City Clerk.
2. APPLICATION. No permit shall be granted to operate a juke box or mechanical music machine to any person not of good moral character, a full citizen of the United States and of the State of Wisconsin, who has not resided in the State of Wisconsin for at least one year prior to the date of application. Nor shall any permit be issued to any person who has been convicted of any offense against the laws of the United States or of this State, punishable by imprisonment in the State penitentiary or other penal institutions as felonies, unless he has been duly pardoned, nor to any person convicted of violating this section.
3. TERM AND FEE. (Am. #42-93) All permits issued hereunder shall expire on June 30 of each year. The fee shall be $30.
4. DISTURBING THE PEACE. No juke box or other mechanical music machine for which a permit is issued hereunder shall be operated at any place or in any manner which will disturb the peace and quiet outside the premises where it is located, nor shall any immoral and indecent selections be played thereon.

1. LICENSE REQUIRED. No person shall conduct or operate any opera house, theater, vaudeville theater, moving picture theater, show house, or any exhibition or show in any public room, nor give or conduct any show or performance therein or in any other building or room to which the public may be admitted, within the limits of the City, without being licensed under this section.
2. CERTIFICATE FROM BUILDING INSPECTOR. Any person desiring a license to operate or conduct any opera house, theater, vaudeville theater, moving picture theater, show house, or public room in which any exhibition or show is given within the City shall, before any licenses shall be issued, obtain from the Building Inspector a certificate that the applicant has fully complied with all the provisions and requirements of the ordinances of the City and the laws of the State governing the construction and equipment of opera houses, or public rooms used for exhibition or show purposes.
3. APPLICATION FOR LICENSE. Every person desiring a license for the operation of any opera house, theater, vaudeville theater, moving picture theater, show house, or public room used for show or exhibition purposes shall file with the City Clerk an application in writing for such license, which application shall be made by the person desiring the license, or his authorized agent. Such application shall state the name of the party desiring such license and any other information as may be required by the City Clerk and shall specify the premises to be licensed. Each application shall be accompanied with a certificate of the Building Inspector as provided in sub. (2) together with a deposit of the license fee.
4. COUNCIL ACTION REQUIRED. Licenses hereunder shall be granted only by the Common Council.
5. TERM AND FEES. (Am. #22-82) Licenses hereunder shall expire June 30 of each year. The fees shall be as follows:

   Seating Capacity	Fee
   0-700	$100
   701-1,200	125
   1,201 or more	200

6. COMPLIANCE WITH CITY AND STATE REGULATIONS. No exhibition, representation or show to which the public is admitted upon the payment of a fee or thing of value shall be presented or offered in any building, room or structure which does not comply with all regulations of the State or the City with regard to sanitation, ventilation, fire prevention, health and safety.
7. MINORS, ETC. No license shall be issued hereunder to any minor, or to any irresponsible person, or to any person not of good character.
8. EXCEPTIONS. This section shall not apply to local amateur theatrical organizations, religious, educational or charitable institutions, or local bona fide clubs or societies where the proceeds from admissions inure to the exclusive benefit of such organizations, institutions, clubs and societies or are for a public or charitable purpose.
9. SUSPENSION AND REVOCATION OF LICENSES. Any license issued hereunder may be suspended at any time by the Mayor, upon proof of the violation of any ordinance of the City or law of the State. Any such suspension shall be reported by the Mayor to the Common Council at its first session thereafter. Any person aggrieved by such action of the Mayor may appeal therefrom to the Common Council, and the Common Council shall grant to such person a hearing, and the Council shall then determine whether such license shall be revoked.
10. ASSIGNMENT OF LICENSES: TEMPORARY PERMITS. Licenses hereunder may not be assigned except with the consent of the Common Council. Any person to whom such license has been assigned may apply to the Common Council for such approval. The Council shall approve such assignment if it finds the applicant qualified. Pending action by the Council, the applicant may secure from the City Clerk, with the Mayor's approval, a temporary permit to operate the theater. The fee for either an assignment of license or a temporary permit shall be $10.00.

1. LICENSE REQUIRED. No person shall keep or erect or permit to be erected, placed or kept upon his premises within the limits of the City, any billiard table, pool table, bowling alley, nine or ten pin alley used and kept for hire, without being licensed under this section.
2. APPLICATION FOR LICENSE. All applications for licenses under this section shall be made to the City Clerk in writing, stating the kind of license applied for and the number thereof. The City Clerk shall enter on all applications filed the amount deposited with the City Treasurer, the date of deposit, and the number of the Treasurer's receipt. All applications shall be referred to the Common Council and if the licenses are granted by the Council, the Clerk shall issue them.
3. PAYMENT OF LICENSE FEE. Every applicant, before filing his application with the City Clerk, shall deposit with the City Treasurer the fee required for the specific license applied for. The City Treasurer shall accept these deposits, issue receipts therefor and cause records to be kept thereof. When a license is granted by the Common Council the City Treasurer shall apply such deposit in payment of license fee. The deposit on all applications denied by the Common Council shall be refunded upon the surrender of the deposit receipts certified by the City Clerk.
4. INVESTIGATION OF APPLICATIONS. The City Clerk shall notify the Chief of Police, Health Inspector, Chief of the Fire Department, and Building Inspector of each application, and these officials shall inspect each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises comply with the regulations, ordinances and law applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. These officials shall each furnish to the Common Council in writing the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a reinspection of the premises and report as originally required. In determining the suitability of an application, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and the premises proposed, and generally the applicant's fitness for the trust to be reposed.
5. LICENSE FEE AND TERM. (Am. #25-89) All licenses granted under this section shall expire on June 30 of each year. The fee shall be $10 for each non-coin operated pool or billiard table; $40 for each coin operated pool or billiard table; and $15 for each lane in a bowling alley, except that fees shall be reduced by 1/2 when license is issued after January 1.
6. LICENSES TO BE POSTED. Every license issued under this section shall be posted in a conspicuous place in the licensed premises. No person shall post such license or permit upon premises other than those mentioned in the application, knowingly deface or destroy such license, nor remove such without the consent of the licensee or permit holder. Whenever a license or permit shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate shall be issued by the City Clerk on satisfying himself as to the facts, upon the payment of a fee of $1.
7. CLOSING HOURS. Every licensed pool and billiard hall or bowling alley shall be closed from 12:30 a.m. to 7:00 a.m. If, however, such license is held on premises also having a Class B Intoxicating Liquor License, the closing restriction shall be the same as required for the closing of such premises.

1. Pursuant to the authority of sec. 134.65, Wis. Stats., a cigarette and tobacco products retailer license shall be required for any person described in sec. 134.65(1), Wis. Stats. Application for a license shall be made on a form provided by the City Clerk.
2. (Am. #5-03) The fee for a license issued hereunder shall be $100.00 per year and shall expire on June 30 of each year. The fee shall be paid before the license is issued.

(Repealed #25-89) (Recreated #54-98)

1. PURPOSE. (Am. #6-97) The residents of the City are frequently solicited to purchase merchandise, make contributions or subscribe to magazines and periodicals. To protect the tranquility, quiet enjoyment, privacy and safety of its citizens and to prevent fraudulent practices by transient merchants and solicitors are legitimate objectives of the City. It is therefore hereby declared that the City deems it appropriate to require a notification and identification procedure from transient merchants and solicitors to achieve these legitimate objectives.
2. DEFINITIONS. (Am. #6-97) (Am. #80-02)
   1. "Solicitor." (Am. #29-03) Any individual, whether principal, agent or employee, who solicits or asks for contributions for any purpose or engages in activity that is part of the individual’s plan or scheme to solicit or ask for contributions for any purpose, including but not limited to, orders for goods, wares, merchandise or services, including subscriptions for magazines, periodicals and books.
   2. "Transient Merchant." Any individual, whether principal, agent or employee, who engages, does or transacts any temporary or transient business in this City, either in one location or by moving his place of business from place to place in the City, selling goods, wares, merchandise or services, and whether or not for the purpose of carrying on such business such individual hires, leases, occupies or uses a building, structure, vacant lot or vehicle for the exhibition or sale of such goods, wares, merchandise or services. Transient Merchant does not include Mobile Food Vendors as defined in Municipal Code Section 8.18(1)(a).
3. REGISTRATION TO SELL OR SOLICIT. No person shall act as a transient merchant or solicitor without being registered and receiving an identification card for those purposes as provided herein:
   1. Application for Identification Card. Applicants for registration must secure from the Chief of Police or his designee an application for an identification card. The application shall contain the following:
      1. Name, home address and telephone number and temporary address, if any.
      2. Date of birth, height, weight, color of hair and eyes.
      3. Name, address and telephone number of the person, firm, association or corporation that the applicant represents or is employed by or whose merchandise is being sold.
      4. Temporary address and telephone number from which business will be conducted, if any.
      5. (Am. #6-97) Nature of business or solicitation to be conducted and a brief description of the goods or services offered.
      6. Proposed method of delivery of goods, if applicable.
      7. Make, model and license number of any vehicle to be used by applicant in the conduct of his business.
   2. Required to Present. Applicants shall present to the Chief of Police or his designee for examination:
      1. A driver's license or some other proof of identity as may be reasonably required.
      2. A State certificate of examination and approval from the sealer of weights and measures where applicant's business requires use of weighing and measuring devices approved by State authorities.
      3. A State health officer's certificate where applicant's business involves the handling of food or clothing and is required to be certified under State law, such certificate to state that applicant is apparently free from any contagious or infectious disease and dated not more than 90 days prior to the date the application for license is made.
   3. Fee. (Am. #25-89) (Am. #6-97)
      1. (Am. #24-02)(Am. #80-02) (Am. #31-08) Applicants for registration must pay the Police Department a fee of $35.00 for the costs of processing the application.
      2. The applicant shall sign a statement appointing the Clerk his agent to accept service of process in any civil action brought against the applicant arising out of any sale or service performed by the applicant in connection with the sales or solicitation activities of the applicant in the event the applicant cannot after reasonable effort be served personally.
      3. (Am. #6-97) Upon payment of such fee, submission of a properly completed registration application and the signing of such statement, the Police Chief or his designee shall register the applicant as a transient merchant or solicitor and date the entry. Such registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided below.
      4. Complete registration shall be required of each individual transient merchant or solicitor regardless of the number of individuals that work for the same organization.
   4. Exemptions. The following shall be exempt from the registration requirements of this section:
      1. Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.
      2. Any person selling goods at wholesale to dealers in such goods.
      3. Any person who has an established place of business where the goods being sold are offered for sale on a regular basis and in which the buyer has initiated contact with and specifically requested a home visit by such person.
      4. Any person who has had or one who represents a company which has had a prior business transaction within the past 12 months, such as a prior sale or credit arrangement, with all of the prospective customers to be contacted.
      5. Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law.
      6. (Cr. #80-02) Any person authorized by the Business Improvement District to sell goods and/or agricultural products from the stalls at the Farmer’s Market.
      7. (Cr. #80-02) Any person selling goods or services at Riverfest, Janboree, or any other event on City-owned property, provided that the event has been authorized by the City and the person has obtained permission from the event’s organizer.
      8. (Cr. #80-02) Students enrolled in a public, private or parochial elementary, middle or high school who are engaged in the sale of goods, wares, food or merchandise for fundraising activities sponsored by and benefiting such school or an organization officially affiliated with such school.
   5. Investigation. Upon receipt of each application, the Chief of Police may make and complete an investigation of the statements made in such registration.
   6. (Am. #6-97) Denial or Revocation of Registration. The Chief of Police or designee shall refuse to register the applicant or shall subsequently revoke the registration if it is determined that:
      1. The application contains any material omission or materially inaccurate statement;
      2. Complaints of a material nature have been received against the applicant by authorities in the last cities, villages and towns, not exceeding 3, in which the applicant conducted similar business;
      3. The applicant was convicted of a crime, statutory violation or ordinance violation, the circumstances of which substantially relate to the activities of direct selling or soliciting;
      4. The applicant failed to comply with any applicable provision of this section; or
      5. (Am. #80-02)
   7. Appeal. Any person denied registration or whose registration is revoked may appeal the denial to the Common Council through the appeal procedure provided by ordinance or resolution or, if none has been adopted, under the provisions of Ch. 68, Wis. Stats.
4. CONDUCT OF TRANSIENT MERCHANTS AND SOLICITORS.
   1. A Transient Merchant or Solicitor Shall Not:
      1. Misrepresent the quantity, character or quality of any goods, wares, merchandise or services offered for sale or the organization or purposes for which contributions are solicited.
      2. Enter upon any premises posted with a sign stating, "No Peddlers," "No Solicitors," "No Trespassing," or having words of substantially the same meaning.
      3. Remain on any premises when requested to leave by the owner or occupant thereof or any member of his family.
      4. (Am. #20-11) Use any noise making devices to attract attention to the person of or the goods, wares, merchandise or services offered for sale by the transient merchant or solicitor if the noise produced is capable of being plainly heard outside a 75' radius of the source.
      5. (Am. #20-09) (Am. #20-11) Engage in any business activity or solicitation, except between 10 a.m. and 5 p.m.; food vending may be conducted between the hours of 10 a.m. and 7 p.m. from June to August.
      6. Solicit in groups of more than 2 persons for each residence called upon.
      7. (Am. #80-02) Operate on the grounds or in the buildings of any private or public school without the prior consent of the school authorities.
      8. Affix a flower, pin, medallion or similar device to the person of another without the prior consent of such person.
      9. Impede use of sidewalks, streets or other public right-of-way from free use by vehicles and pedestrians.
   2. Disclosure Requirements. (Am. #6-97)
      1. Solicitors and transient merchants shall wear the identification card issued under this ordinance in a conspicuous place upon his/her person while conducting the activities as a solicitor or transient merchant.
      2. After the initial greeting and before any other statement is made to a prospective customer, a transient merchant or solicitor shall expressly disclose his name, the name of the company or organization he is affiliated with, if any, and the identity of goods or services he offers to sell.
      3. If any sale of goods is made by a transient merchant or solicitor or any sales order for the later delivery of goods is taken by a transient merchant or solicitor, the buyer shall have the right to cancel such transaction if it involves the extension of credit or is a cash transaction of more than $25 in accordance with the procedure as set forth in §423.203, Wis. Stats., the transient merchant or solicitor shall give the buyer 2 copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of §423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.
      4. If the transient merchant or solicitor takes a sales order for the later delivery of goods, he shall at the time the order is taken provide the buyer with a written statement containing the terms of the agreement; the amount paid in advance, whether full, partial or no advance payment; the name, address and telephone number of the transient merchant or solicitor; the delivery or performance date; and whether a guarantee or warranty is provided and, if so, the terms thereof.

(Rep. & recr. #3-88) (am #2024-15)

1. DEFINITIONS. An amusement activity within the terms of this section includes carnivals, circuses, fairs, boxing and wrestling exhibitions, traveling shows and any other similar or related type of activity.
2. PERMIT REQUIRED. No person shall conduct an amusement activity within the City without first having obtained a permit to do so from the Common Council, provided no permit shall be required under this section of those amusements specifically licensed by another section of this Municipal Code. No permit shall be granted to any person under the age of 21.
3. APPLICATION FOR PERMIT. Any person desiring a permit shall apply through the City Clerk's office at least 30 days prior to the first day of operation of the proposed activity. The application shall be on a form furnished by the Clerk and shall set forth:
   1. The name and address of the applicant.
   2. The name, address and status of the proposed permittee.
   3. If the proposed permittee is a corporation, the name and address of the registered agent and office of the corporation and the state of incorporation.
   4. The names and addresses of the person or persons to be in immediate charge of the place of amusement at all times during its operation.
   5. The name of any sponsoring organization and the names and addresses of the principal officers of such organization.
   6. The date or dates of proposed showing or operation and the location at which it is proposed to conduct the place of amusement.
   7. The names of the last 3 cities or other places in which the amusement activity has been shown, operated or conducted immediately prior to the filing of the application.
   8. The time and route of any parades proposed by the applicant within the City.
   9. A statement that the proposed permittee will directly control and supervise each activity proposed to be authorized under the permit sought, and will be responsible for the conduct, operation and management thereof.
   10. Name and address of a person who can be readily contacted in regard to the operation of the amusement activity and who is able to contact the proposed permittee at all times.
   11. A statement that the permittee has standard public liability insurance policies with an insurance company or exchange authorized to do business in the State of Wisconsin in the amounts of not less than $10,000-$20,000 Bodily Injury and $5,000 Property Damage.
   12. A statement certifying on penalty of perjury the correctness of the information given on the application and agreeing on behalf of the proposed permittee that there shall be full compliance of the permittee with all State and City laws in the conduct of the activities for which a permit may be granted.
   13. The application shall be presented to the Council at the next following meeting.
4. PERMIT FEES. (Am. #22-82) The application shall be accompanied by a nonreturnable fee in the sum of $10. Prior to issue of the permit the applicant shall pay an additional fee for each day of operation or portion thereof allowed by such permit as follows:
   1. For activities of 6 units or less, $25 per day.
   2. For activities of 7 units or more, $35 per day.
   3. For boxing and wrestling exhibitions, $25 per day.
   Each booth, stand, game, concession, ride or other activity shall be considered a unit.
5. EXEMPTION FROM FEES.
   1. No permit fee shall be charged to any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable, religious, eleemosynary or benevolent purposes and from which no private profit is derived, either directly or indirectly.
   2. No person engaged in the business of conducting any amusement activity or of leasing equipment for such amusement activity shall be relieved of the usual permit fee hereunder solely by reason of the sponsorship of such amusement activity by an institution or organization which might itself be exempt from such fee.
6. PROCESSING OF APPLICATION. An application for a permit hereunder shall be processed as follows:
   1. The City Clerk shall send copies of the application to the following City Departments: Police, Fire, Park-Recreation and Building.
   2. The Police Department shall investigate the business and moral reputation of the permittee and of compliance by such person with state laws and local ordinances at other places listed on the application where the applicant or permittee has carried on amusement activities.
   3. Each Department shall report to the City Clerk within 15 days after the filing of the application. Such report shall disclose any discrepancies which appear in the application or any failure of a proposed operation to comply with applicable state or City laws, and shall mention any problems which the proposed activity may reasonably be expected to pose for the people or government of the City. Said report shall further make recommendations for protecting the public peace, health, safety and welfare in the event a permit be issued.
   4. The City Clerk shall, at the Council meeting next following the filing of the reports, submit the reports of the various Departments to the Common Council, which shall consider the same as soon as practicable. The Council shall not grant any permit unless the conduct or maintenance of such amusement activity at the proposed location will not, in the judgment of the Council, endanger public peace, health, safety or welfare. In granting any permits, the Council shall impose such conditions or requirements as it deems necessary to protect public peace, health, safety and welfare.
   5. If the application is approved, the applicant shall file bonds and insurance policies or certificates thereof, as required by this section, and shall pay the appropriate license fee of the City, prior to the issuance of any permit.
   6. The City Clerk may, if the application is approved by the City Departments required to report thereon and upon compliance with the requirements of par.(e), waive the 30 day filing requirement, issue the permit, and report the same to the Common Council at its next meeting.
7. BOND OR SURETY REQUIRED.
   1. The permittee shall, in addition to payment of the permit fees established by the City, deposit with the City not later than 10 days prior to the first day of conducting any amusement activity and shall maintain for a period of 2 days after the termination of activities under such permit as may be issued by the City, a cash bond in the sum of $500.00, or in lieu thereof shall post and maintain in full force and effect during said period a surety bond in the amount of $500.00. Such bond shall be issued by a surety company, approved by the City Attorney, and shall be in a form approved by the City Attorney. Such bond shall, by its terms:
      1. Insure payment to the City for any damage to City property occasioned by the operation of such amusement activity or parade, including damages occasioned by the entrance into or exit from the City of the permittee or of the equipment, facilities, or personnel of such amusement activity as shall be permitted by the permit.
      2. Insure the cleaning of the premises used for such amusement activity and of the immediate surrounding properties and streets of such litter and debris as may result from the operation thereof.
      3. Insure payment of any fines levied against the permittee for violation of this or any other section or state law while conducting amusement activities in the City.
   2. Such bonds may be waived or reduced in amount or sooner cancelled or returned by the Common Council when, in their reasonable judgment, the conditions of or reasons for requiring such bonds have been satisfactorily met. The permittee shall be promptly notified of any claims made or contemplated against such bond or surety, and shall have the right to appeal from any such claim, or the amount thereof, to the Common Council. The decision of the Common Council shall be final.
8. DISTANCE REQUIREMENTS. No amusement activity covered hereby shall be located in a zone where such activity is specifically prohibited by the zoning ordinance or within 300 feet of any occupied dwelling. Carnivals, fairs and other activities sponsored by schools, churches and other nonprofit, educational, eleemosynary, charitable or political organizations or the like, and activities of 6 units or less may be exempted from this requirement for not more than one week by the Common Council.
9. HOURS OF OPERATION. No amusement activity shall operate except during the following hours:
   1. On week days between the hours as follows:
      
      

      School Days	4:00 p.m. and 11:00 p.m.
      Non-School Days	1:00 p.m. and 11:30 p.m.

   2. On Saturday between 9:00 a.m. and 11:30 p.m.
   3. On Sunday and holidays, between 1:00 p.m. and 11:00 p.m.
10. GAMES OF SKILL.
    1. No permittee shall operate, maintain or permit to be maintained on any premises being occupied for any amusement activity for which a permit has been granted hereunder any gambling or any game of chance prohibited by state law or local ordinance. No game of skill or science shall be controlled, fixed or operated so as to substantially deceive the public as to the possibility of succeeding at such game or of winning any prize offered in connection therewith. Money shall not be offered as a prize in any game. The use of, or employing of, or permitting of cappers, shills or of persons posing as players in connection with any amusement activity is prohibited.
    2. The rules of any game of skill or science, the prizes offered, the requirements for winning each prize or group of prizes, and the cost of participating in such games shall be clearly indicated and prominently displayed at the location where such games are played.
11. OPERATION ON PUBLIC STREETS PROHIBITED. No amusement activity or any equipment used in connection therewith shall be operated or be located upon a public street or alley, except that a parade operating under specific authority from the City, in accordance with all terms and conditions of any permit granted for the same may operate on public streets and alleys according to the terms of such permit.
12. LIGHTING OF AMUSEMENT AREA. The area around and between tents, facilities and equipment of any amusement activity shall be well lighted at all times during the operation of such amusement activity or any part thereof. An emergency lighting system approved by the Building Department to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee. The operation of any amusement activity at any time when such requirements are not being fully met is prohibited.
13. HEALTH AND SANITATION. The amusement activity, and each portion thereof, shall confirm to the Health and Sanitation requirements established by the Health Department, and by applicable state and City laws.
14. BUILDING AND FIRE CODES. The permittee shall comply with the Building and Fire Codes and ordinances of the City, and shall be responsible for compliance with said codes and ordinances by every activity carried on pursuant to the permit. Upon request, the permittee shall furnish proof to the City that all equipment, rides, tents and structures utilized in connection with the amusement activity have been inspected and are in compliance with applicable state and City laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel.
15. ALCOHOLIC BEVERAGES PROHIBITED. No permittee or other person shall sell or maintain for sale on the premises occupied for any amusement activity any form of alcoholic beverage, nor shall any permittee permit sale, maintenance for sale or consumption of alcoholic beverages on any premises while any amusement activity regulated by this section is being operated or conducted thereon, unless specifically authorized to do so by the terms of a City Permit.
16. SUSPENSION OR REVOCATION OF PERMIT. Any permit granted hereunder may be revoked by the Common Council at any time it appears that the proposed or actual operation of the amusement activity will be or is such as to constitute a public nuisance, or to endanger public peace, health, safety or welfare. Any permit granted hereunder may be suspended in whole or in part at any time that the amusement activity is conducted contrary to the permit or to any state or City law, or when any such amusement activity or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace, or to be injurious to the public peace, health, safety or welfare. Suspension shall become effective immediately upon delivery of written notice to the person in immediate charge of the amusement activity or portion thereof affected by such suspension, or if no such person be found upon the premises, immediately upon the posting of such notice in 3 prominent places near the entrances to the premises occupied or the portion thereof affected by an official representative of the Mayor, Common Council, or Fire, Police, Health or Building Department. Such posting shall be carried out in all cases and shall give notice of such suspension. Any person invoking such suspension shall immediately notify the Mayor thereof. The Mayor may, for good cause, cancel any suspension, but in all cases he shall promptly take such steps as are necessary to inform related City officials of the action taken, and of the reason or reasons therefor. Upon delivery or posting of such Notice of Suspension in the manner specified, it shall be a violation for any person to operate, engage, or participate in, except as a patron, any such amusement activity as may be ordered suspended by such notice of suspension.

1. PURPOSE. Public parks are open as gathering places for recreation, entertainment, education, and expression of ideas, and they are designed and equipped to meet the needs of typical numbers of people within their boundaries. Large-scale gatherings of people for special events in excess of typical numbers place extra demands on facilities, increase chances of damage to facilities beyond normal wear and tear, present problems with traffic flow, and increase the need for emergency services and police protection, among other things. This section addresses those special issues arising in connection with special events.
2. DEFINITIONS. For purposes of this Section 8.115, the following definitions apply.
   1. "Board" means the City of Waukesha Parks, Recreation, and Forestry Board.
   2. "Department" means the City of Waukesha Department of Parks, Recreation, and Forestry.
   3. "Director" means the Director of the Department, or his or her designee.
   4. "Organizer" means the individual or entity who organizes, sponsors, initiates, causes, or conducts a Special Event.
   5. "Section" means this Waukesha Municipal Code Section 8.115.
   6. "Special Event" means an event organized, sponsored, initiated, caused, or conducted by an entity or entities other than the City, which takes place in a public park or other property under the jurisdiction of the Board, at which it is intended or is reasonably foreseeable that 400 or more individuals will attend during its duration.
3. GENERAL RULES.
   1. Permit Required. No Special Event may take place unless a permit for the Special Event has first been issued by the City to the Organizer conducting the Special Event, pursuant to the terms of this Section.
   2. Responsibility for Compliance. The Organizer shall be responsible for compliance with this Section and for ensuring that the Special Event is conducted in compliance with all provisions of the Waukesha Municipal Code, the requirements of this Section, the Department’s Special Events Handbook, other rules and regulations of the Department, and any terms or conditions imposed on the permit issued under this Section.
   3. Other Permits May Be Required. The permit issued under this Section applies only within public parks or other property under the jurisdiction of the Board, and does not extend to the use of public rights of way, other City property, or private property. Additional permits and permissions may be required if the Special Event will extend beyond the limits of park property or will significantly adversely affect areas beyond the limits of park property.
   4. Permits Are Not Transferable. Permits issued to an Organizer under this Section may not be transferred by the Organizer to any other individual or entity.
   5. Indemnification from Damages. An Organizer to whom a permit is issued under this Section shall indemnify the City from all damages arising from, in connection with, or as a result of the Special Event, and the application for a permit under this Section shall contain an indemnification provision in a form approved by the City Attorney.
   6. Reimbursement of Extraordinary Costs. An Organizer to whom a permit is issued under this Section shall reimburse all costs incurred by the City as a result of extraordinary damage to City property during the Special Event. “Extraordinary damage” means damage to Park or other City property in excess of normal wear and tear and which requires repairs in excess of routine maintenance.
   7. Insurance. Organizers shall maintain a policy of public liability insurance at all times during the Special Event with limits of at least $1,000,000 per occurrence and $2,000,000 aggregate. Policies shall be occurrence, and not claims-made, policies, and shall contain an endorsement naming the City as an additional insured and loss payee. Coverage shall be primary, not excess, and non-contributory. All policies shall be from insurers licensed to issue such policies in Wisconsin. Organizer shall deliver a certificate of insurance to City showing that all requirements of this section are met no later than 5 days before the Special Event, otherwise the permit shall be revoked.
4. PERMIT APPLICATION AND PROCESS.
   1. Application Form and Deadline. An Organizer of a Special Event must submit an application for a permit to the Department, fully completed, signed, and with all required attachments, no later than 30 days before the date of the proposed Special Event, using the form provided by the Department. The Director may, in his or her sole discretion, allow acceptance of an application filed fewer than 30 days before the proposed event, if necessary to preserve the Organizer’s free speech rights and the proposed event can otherwise be conducted in compliance with this Section.
   2. Fee. Applications will not be accepted unless accompanied by the fee specified in the fee schedule approved by the Board. The fee requirement may be waived pursuant to subsection (7).
   3. Distribution of Application, Recommendations of Departments. Copies of applications received by the Department shall immediately be distributed to the Police Department, Fire Department, Department of Public Works, Waukesha Metro Transit, and City Attorney; and they shall respond in writing within 5 business days to the Department and City Attorney, indicating their approval or recommendation for denial. Recommendations for denial shall describe the bases for denial in reasonable detail, and shall describe possible alternatives or conditions which would remove the reasons for denial.
   4. Order and Priority of Applications. Applications for permits shall be processed in order of receipt, and if multiple, conflicting applications are received, the earlier application shall have priority in the issuance of a permit.
   5. Approval and Granting of Permits. The Department shall promptly issue a permit to an Organizer if the application is complete and accompanied by the correct fee, no City department has recommended denial pursuant to subsection (4)(c), and there is no conflicting application that has higher priority. Permits are subject to revocation for failure to provide proof of insurance coverage as required by subsection (3)(g).
   6. Denial of Applications. If any department recommends denial of an application, then the Organizer shall be notified promptly, but not more than 10 days after the receipt of the application, by written notice delivered by mail or email. The notice shall describe the reasons for denial, and describe the alternatives or conditions recommended by the department that would allow the issuance of a permit. The Organizer shall be given the opportunity to modify the application or accept conditions to be imposed on the permit. If the Organizer does so and the objecting department consents, the permit shall be issued, otherwise not, and a final written notice of denial shall be delivered to the Organizer by mail or email. Modifications to the application or the acceptance of conditions shall not affect the priority of the application.
   7. Grounds for Denial. An application for a permit may be denied for any of the following reasons.
      1. The application is incomplete, contains incorrect, misleading, or false information, is not executed properly, or is not accompanied by the required fee or other materials.
      2. The Organizer is not a legal entity with authority to enter into a contract.
      3. The Organizer has previously made material misrepresentations to the Department in a permit application, has violated the terms of any permit previously issued by the Department, or has violated any rule, regulation, or ordinance regarding use of City parks.
      4. The Organizer has previously been required to reimburse the City for extraordinary damages and has not made payment in full.
      5. The Special Event would conflict with City-sponsored or organized events already scheduled.
      6. The projected number of participants would exceed the City-determined capacity of the park.
      7. The Special Event would present an unreasonable danger to the health, safety, or welfare of the public, other users of the park, or City employees.
      8. The Special Event would interfere with traffic to the extent that the provision of fire, emergency medical, and police services would be prevented or unacceptably hindered.
      9. The Special Event involves activities that are expressly prohibited by law.
5. APPEAL OF DENIAL. Final denials of applications can be appealed by the Organizer by filing a written notice of appeal with the City Clerk within 4 days of the Organizer’s receipt of the final notice of denial. The notice of appeal shall be accompanied by a written explanation of the reasons for the appeal and any supporting materials the Organizer wishes to present. Appeals shall be heard within 10 days of the Clerk’s receipt of the notice of appeal by the City Administrative Review Appeals Board. The Organizer shall have an opportunity to present evidence and argument at the hearing. The Administrative Review Appeals Board shall render a written decision and deliver it to the Organizer by email or depositing it in the US Mail addressed to the Organizer’s last-known address postage pre-paid within 3 days of the hearing. The Administrative Review Appeals Board’s decision may be appealed by certiorari to the Circuit Court, using the procedure in Wis. Stat. §68.13, however, the City elects for this appeal procedure not to be governed otherwise by Wis. Stat. Chapter 68.
6. DEEMED APPROVAL OF APPLICATION. If the City fails to deliver notice of denial within the time limit stated in subsection (4)(f), the Administrative Review Appeals Board fails to hear an appeal within the time limit stated in subsection (5), or the Administrative Review Appeals Board fails to render and deliver a decision within the time limit stated in subsection (5), then the application shall be deemed approved and a permit shall be promptly issued.
7. FEE WAIVER OR REDUCTION. The application fee may be waived or reduced by the Director, in his or her sole discretion, if the fee would be so financially burdensome that it would entirely preclude the Organizer from using Park property for the proposed Special Event. Application for a fee waiver or reduction shall be made at the same time as the filing of the permit application using the form provided by the Department. Procedure and timing of approval or denial and appeals shall be as for permit applications. The waiver application shall include a sworn affidavit by the Organizer stating the circumstances and certifying the accuracy of all financial information submitted with it. The application shall be accompanied by financial information about the Organizer sufficient to determine the level of financial burden imposed by the fee.
8. PENALTY. A violation of this Section or a permit issued under this Section shall be punishable by a forfeiture as set forth in Waukesha Municipal Code §25.05. Each day that a violation continues shall be deemed a separate violation.
9. SEVERABILITY. If any provision of this Section or its application to any person or circumstance is held invalid by a court, it shall be severed from the remainder and the remainder shall remain valid to the extent practicable.

(Cr. #24-04) (Am. #2020-07)

1. PURPOSE. To further encourage the revitalization of the downtown and other areas of the city, including the development of social and economic activity, the city council finds and determines:
   1. That there exists the need for outdoor eating and drinking facilities in certain areas of the city to provide a unique environment for relaxation, social interaction, and food and drink consumption.
   2. That sidewalk cafés will permit enhanced use of the available public rights-of-way, will complement restaurants operating from fixed premises, and will promote economic activity in the area.
   3. That the existence of sidewalk cafés encourages additional pedestrian traffic but may impede the free and safe flow of pedestrians such that a need exists for regulations and standards to ensure safety.
   4. That the establishment of permit conditions and safety standards for sidewalk cafés is necessary to protect and promote public health, safety and welfare.
2. “Sidewalk Café” shall mean an expansion of an establishment serving beverages, alcohol beverages, or food to create an outdoor facility on part of the public property that immediately adjoins the licensed premises for the purpose of consuming food or beverages by the patrons of the establishment.
3. PERMIT REQUIRED.
   1. An establishment serving beverages, alcohol beverages, or food may apply to the City Clerk’s Office for a permit to allow it to operate a Sidewalk Café. The City Clerk or his/her designee may approve, approve with conditions or restrictions, or deny a permit where necessary to maintain the public health, safety or welfare, to prevent a nuisance from developing or continuing, or due to violation of this section, the city code of ordinances, or applicable state or federal law.
   2. Before a permit may be issued, the application and site plan shall be reviewed by the Community Development Department and reviewed and recommended by the Ordinance and License Committee and approved by Common Council.
   3. Each permit shall be effective for one year from March 1st to February 28/29.
   4. Once issued, permit must be conspicuously displayed in public view.
   5. The permit issued hereunder is not transferable by Owner to any other establishment or any subsequent owner of the premises.
4. PERMIT APPLICATION. Application for a permit to operate a Sidewalk Café or temporarily to expand a Sidewalk Café onto a street pursuant to subsection (6)(g), shall be submitted to the City Clerk’s Office and shall include at least the following information:
   1. Completed city application form.
   2. Copy of a current certificate of commercial liability insurance in the amount of at least $1,000,000 per occurrence and naming the City of Waukesha as additional insured and documented that the coverage extends to the area used for the Sidewalk Café.
   3. The permittee shall execute an indemnification agreement approved by the City Attorney prior to operation of the Sidewalk Café.
   4. A layout which accurately depicts the dimensions of the existing sidewalk area or other public property and adjacent private property, the proposed location of the Sidewalk Café or the temporary expansion of the Sidewalk Café, the size and number of tables, chairs, steps, planters, location of doorways, trees, sign posts, hydrants, sidewalk benches, trash receptacles, heaters, traffic signal poles, light poles and any other obstructions, either existing or proposed.
   5. Photographs, drawings or manufacturer’s brochures fully describing the appearance and dimensions of all proposed tables, chairs, umbrellas, barriers, or other objects related to the Sidewalk Café.
   6. A non-refundable application fee.
5. PERMIT FEES. A non-refundable payment of $100.00 must be made with initial application ($50.00 for renewal or temporary expansion pursuant to subsection (6)(g)) for a Sidewalk Café permit with an additional non-refundable payment of $100.00 for applicants requesting to sell alcohol.
6. SIDEWALK CAFÉ STANDARDS.
   1. No portion of any Sidewalk Café may extend beyond the boundaries of the property that is licensed in this chapter, unless expressly approved in writing by the adjacent property owner or owners.
   2. The Licensee shall maintain a four foot wide unencumbered, open and accessible portion of the sidewalk for pedestrian traffic safety at all times.
   3. Sidewalk Cafés operated by establishments holding a Wisconsin restaurant license and deriving more than 30% of gross revenues from the sale of food may operate and serve food and beverages until 11:00 PM Sunday through Thursday and until midnight Friday and Saturday; provided, however, they may serve alcohol beverages only while food is being served by the establishment. All patrons must vacate the Sidewalk Café by those times.
   4. Sidewalk Cafés operated by establishments not holding a Wisconsin restaurant license and not deriving more than 30% of gross revenues from the sale of food may operate until 9:00 PM Sunday through Thursday and until midnight Friday and Saturday. All patrons must vacate the Sidewalk Café by those times.
   5. Licensee shall provide for the removal of garbage and is responsible for the cleanliness of the Sidewalk Café area.
   6. The use of a portion of the public property as a Sidewalk Café shall be subject to the rights of the City at all times. All public improvements, including but not limited to, trees, light poles, traffic signals, manholes or any public initiated maintenance procedures shall take precedence over said use at all times. The City Administrator, Chief of Police, Community Development Director, Public Works Director or his/her designees may temporarily order the termination of Sidewalk Cafés for the following reasons, but not limited to, special events, including but not limited to, construction, parades, sponsored runs or walks, or for any reason to maintain the health, safety, and welfare of the public.
   7. Sidewalk Cafés for which a permit has already been issued may temporarily be expanded onto the adjacent street, provided the street is closed pursuant to a permit issued under Municipal Code §6.17, and written permission for the expansion has been obtained from the holder of the street-closure permit.
   8. The Licensee may prohibit smoking within the Sidewalk Café, and may exclude non-patrons from the Sidewalk Café. Non-patrons may be removed by the Licensee from the Sidewalk Café only if doing so would not result in a breach of the peace, otherwise, the Licensee shall have police remove the non-patrons.
   9. Semi-permanent markings will delineate the corners of the Sidewalk Café area, as illustrated in the approved site plan required for permit.
   10. Molded plastic tables and chairs will not be permitted.
   11. Applicant shall secure tables and chairs nightly, within one hour after closure of the Sidewalk Café.
7. ALCOHOL LICENSING AND SERVING OF ALCOHOL BEVERAGES.
   1. Alcohol may be served at a Sidewalk Café under the following conditions:
      1. The permittee has a valid and appropriate retail alcohol beverage license for the principal premises.
      2. No alcoholic beverages may be served at any time if the restaurant has not received Council approval for the temporary extension of the premises under its liquor license that includes the area of the public property where the Sidewalk Café is located. Further, the liquor license shall be automatically conditioned at the time of the temporary extension of premises to allow for the consumption of alcoholic beverages within the Sidewalk Café area only. Approval of the enlargement of premise area (Sidewalk Café) shall not grant any licensee or licensed premise any vested rights and such approval may be suspended or revoked or non-renewed without cause being shown.
      3. The entire outdoor area utilized for service and consumption of food and beverage shall be visible from the restaurant establishment.
      4. Alcoholic beverages must be sold and served by the licensee or licensee’s employees who have operator’s licenses or are under the immediate supervision of an employee holding an operator’s license in compliance with Wis. Stat. §125.32(2) and §125.68(2); and purchased and consumed by patrons seated at tables in the Sidewalk Café.
      5. The permittee shall be responsible for complying with the approved Sidewalk Café plan.
      6. The permittee shall not allow patrons of the Sidewalk Café to bring alcohol beverages into the Sidewalk Café, nor to carry open containers of alcohol beverages about in the Sidewalk Café area, nor to carry open containers of alcohol beverages served in the Sidewalk Café outside the Sidewalk Café area.
      7. The permittee shall display signage indicating alcohol may only be consumed by patrons seated at tables in the Sidewalk Café.
      8. The bar from which the alcohol beverages are dispensed shall be located indoors and shall not be located in the Sidewalk Café area.
8. LIABILITY AND INSURANCE. By obtaining a Sidewalk Café permit, the permittee agrees to indemnify, defend, save and hold harmless the City, its officers and employees, from any and all claims, liability, lawsuits, damages, and causes of action, which may arise out of the permit or the permittee’s activity at the Sidewalk Café. Permittee shall provide commercial liability insurance in the amount of at least $1,000,000 per occurrence and name the City of Waukesha as additional insured and show how the coverage extends to the area used for the Sidewalk Café.
   1. The permittee shall execute an indemnification agreement approved by the City Attorney prior to operation of the Sidewalk Café.
   2. The permittee shall provide the City with an original certificate of insurance as evidence that the requirements set forth in this section are met prior to commencing or renewing operations. If insurance coverage changes while this agreement is in effect, Owner shall notify the City of Waukesha and provide proof of insurance.
9. REVOCATION OR SUSPENSION.
   1. The approval of a Sidewalk Café permit is conditional at all times. The City Administrator, Chief of Police, Community Development Director, Public Works Director or his/her designees may temporarily order the termination of Sidewalk Cafés at any time.
   2. A Sidewalk Café permit may be formally revoked or suspended by the Ordinance and License Committee at any time without cause. Issuance of this permit under this ordinance is a privilege, not a right, to use the public right of way.
10. APPEAL. A revocation, suspension, or denial of a permit may be appealed by the permittee to the Common Council or designated Committee of the Council, which shall hold a hearing and either grant, grant with conditions, or deny the permit. The permit holder or applicant shall be notified and shall have the right to be heard prior to a decision.
11. PENALTY. The penalty for violation of this section shall be a forfeiture of not less than $50.00 or more than $200.00 per day for each violation, together with the costs of prosecution. Any enforcement action taken under this ordinance shall be deemed a violation under 12.10 Chronic Nuisance Premises of the Municipal Code.
    

Cr. #9-2010 (Am. #2020-12)

1. DEFINITIONS. (Rep. and Recr. #12-70). As used in this section, the following definitions shall apply:
   1. "Mobile Home." Is that which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtenances, except that a house trailer is not deemed a mobile home if the assessable value of such additions, attachments, annexes, foundations and appurtenances equals or exceeds 50% of the assessable value of the house trailer.
   2. "Dependent Mobile Home." A mobile home which does not have complete bathroom facilities.
   3. "Nondependent Mobile Home." A mobile home equipped with complete bath and toilet facilities, all furniture, cooking, heating, appliances and complete year round facilities.
   4. "Mobile Home Park." Any plot or plots of ground upon which 2 or more units, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodation.
   5. "Space." A plot of ground within a mobile home park, designed for the accommodation of one mobile home unit.
   6. "Unit." A mobile home unit.
   7. "Person." Shall be construed to include an individual, partnership, firm, company, corporation, whether tenant, owner, lessee, licensee or their agent, heir or assign.
   8. "Licensee." Any person licensed to operate and maintain a mobile home park under this section.
   9. "Park." Mobile home park.
2. LICENSES.
   1. License Required. No mobile home park shall be constructed, operated or maintained without a license therefor, issued by the Common Council in compliance with the terms of this section and the laws of the State.
   2. License Applications. Applications shall be signed by the applicant, shall be on a form prescribed by the Common Council and filed with the City Clerk and shall contain the following:
      1. Name and address of the applicant.
      2. Location and legal description of mobile home park.
      3. The information required by §22.47(13) of this Code.
   3. Bond Required. (Am. #22-82) Each license or renewal application shall be accompanied by a license bond in the sum of $1,000 for each 50 mobile homes or fraction thereof. This bond shall guarantee the collection by the licensee of the monthly parking permit fee and payment of such fee to the City Treasurer and payment by the licensee of any forfeiture, including legal costs, imposed upon or levied against the licensee for a violation of this section.
   4. Plans and Specifications to be Filed. Accompanying and to be filed with an original application for a mobile home park shall be plans and specifications which shall be in compliance with all applicable provisions of this section and of the State Department of Health and Social Services.
   5. Certificate of Building Inspector. No license shall be issued until the licensee has erected and installed all necessary equipment, roads, sanitary facilities, lighting facilities, water facilities and other facilities which may be required in the actual operation of the park and a certificate certifying such compliance on the part of the operator shall have been filed by the Building Inspector. In addition, a certificate of approval of sanitary facilities erected on the park shall be obtained by the licensee from the Health Department and filed with the City Clerk.
   6. Clerk to Issue License. The Clerk, after approval of the application by the Common Council and upon completion of the work according to the plans, shall issue the license.
   7. License Fee. (Am. #25-89) $125 for each 50 spaces or fraction thereof.
   8. Term of License. From July 1 through June 30.
   9. License Renewals. Licenses may be renewed annually upon payment of the license fee and after approval of the Common Council. Upon such renewal, the City Clerk shall issue a renewal certificate for the license year. Applications for renewal shall be in writing signed by the applicant on forms approved by the Council.
   10. Transfer of License. Any license may be transferred upon filing an application therefor with the City Clerk after the approval of the application by the Common Council and may be made in writing upon the form as may from time to time be established by the Common Council and upon payment of a transfer fee of $10.
   11. Revocation of License. (Am. #30-02) Any license shall be subject to revocation or suspension for cause by the Common Council. The procedure for such revocation or suspension shall be as provided in §66.0435(2)(d), Wis. Stats.
3. REGULATIONS.
   1. Park Office. There shall be located in every park or immediately adjacent thereto, the office of the attendant or person in charge. A copy of the park license shall be posted therein and the park register shall at all times be kept in this office.
   2. Park Register. The licensee or his agent shall:
      1. Keep a register of all guests, to be open at all times for inspection by the City, State and federal officials, in which shall be entered for each guest immediately upon arrival:
         1. Names and addresses.
         2. Names of children together with their ages and birth dates.
         3. Dates of entrance and departure.
         4. State of legal residence.
         5. Number of children of school age.
         6. License numbers of all trailers and towing or other automobiles.
         7. States issuing such licenses.
         8. Proposed stay in camp.
         9. Place of last location and length of stay.
         10. Place of employment of each occupant.
      2. Maintain the camp in a clean, orderly and sanitary condition at all times.
      3. Insure that the provisions of this section are complied with and enforced and report promptly to the proper authorities any violation of this section or any other violations of law which may come to his attention.
      4. Report to the Health Department all cases of persons or animals affected or suspected of being affected with any communicable disease.
      5. Prevent the running loose of dogs, cats, or other animals or pets.
      6. Maintain such type of fire extinguishers and at such convenient places as directed by the fire inspector.
      7. Prohibit the lighting of open fires on the premises, except for cooking purposes.
   3. Added Structures Prohibited. No licensee or occupant shall erect upon any licensed mobile home park, any tent, sectional or prefabricated cabin or cottage or any other structure intended to be used for dwelling purposes, or to be used in connection with or added to any trailer legally located on a unit of land in such trailer camp.
4. MOBILE HOME MONTHLY FEES. (Rep. & Recr. #12-70).
   1. Parking Permit Fee. (Am. #30-02) There is hereby imposed on each owner of a nonexempt, occupied mobile home in the City a monthly parking permit fee determined in accordance with Sec. 66.0435(3), Wis. Stats., which is hereby adopted by reference and made part of this section as if fully set forth herein. It shall be the full and complete responsibility of the licensee to collect the proper amount from each mobile homeowner. Licensees and owners of mobile homes permitted to be located on land outside a mobile home park shall pay to the City Treasurer such parking permit fees on or before the 10th of the month following the month for which such fees are due in accordance with the terms of this section and such regulations as the treasurer may reasonably promulgate.
   2. Licensee Responsible. (Am. #30-02) Licensees of mobile home parks and owners of land on which are parked any occupied, nonexempt mobile homes shall furnish information to the City Clerk and City Assessor on such homes added to their park or land within 5 days after arrival of such home on forms furnished by the City Clerk in accordance with Sec. 66.0435(3)(c) and (e), Wis. Stats.

1. GENERALLY.
   1. Definition. The terms "taxicab," "taxi" or "cab" are used interchangeably in this section. They include all vehicles transporting passengers for remuneration for which patronage is solicited publicly.
   2. Exceptions. The provisions of this section do not apply to:
      1. Vehicles operating on established routes which are regulated by the Public Service Commission.
      2. Vehicles rented to be driven by the renter or his agent, commonly known as rent-a-car.
      3. Vehicles operated solely as funeral cars or ambulances.
   3. Marking of Cabs; Display of Rates. Every taxicab shall be conspicuously marked on the right and left side with the name of the licensee and the serial number designated in the taxicab license, such letters and numbers not to be less than 1-1/2 inches high and of a light color on a dark background or dark color on a light background. A card containing the name of the licensee, taxicab license number, and the rates of fares printed thereon shall be kept in a conspicuous place inside of such vehicle at all times.
   4. Condition of Cabs. Each taxicab shall be kept in a clean and sanitary condition, well painted and equipped and maintained as required by the Wisconsin Statues.
   5. Transfer of Drivers. Taxi drivers licensed under subsection (3) may not transfer from one taxi operator licensed under subsection (2) to another, until such transfer has been recorded with the Chief of Police.
2. VEHICLE LICENSES.
   1. License Required. No person shall operate any taxicab in the City unless such cab be licensed in accordance with this section.
   2. Application for Taxicab License. Application for a taxicab license to operate one or more taxicabs or an application to operate additional taxicabs under an existing license shall be made in writing to the City Clerk upon forms furnished by him, giving the address from which the business is conducted and signed by the owner of the business or his duly authorized agent. The application must also state for each vehicle to be operated, the make, model, and year of manufacture, and the engine number, serial number and capacity for passengers, and the Wisconsin certificate of title number and license number. The application must also be accompanied by proof that the applicant has sufficient off street parking facilities for the vehicles he proposes to operate.
   3. Hearing on Application. The application shall be submitted by the City Clerk to the Common Council, which shall set a date for a public hearing before the Ordinance and License Committee to examine the public convenience and necessity of granting such license. The City Clerk shall notify the applicant of the time and place set for the hearing.
   4. Submission to Council. (Am. #28-69) Not later than 30 days after the hearing the Committee shall submit to the Common Council its recommendation as to whether public convenience and necessity will be served by the granting of the application. No license shall be granted until the Common Council shall by resolution have determined that the public convenience and necessity will be served by the service proposed in the application for the license. The Common Council may hold such further hearings and procure such additional information as it may deem necessary or advisable in making such determination. After favorable determination by the Council, the Police Department shall inspect the vehicles referred to in the application and if found to be in satisfactory condition for the purposes as set forth in this section, the vehicles may be used immediately.
   5. License Fees. (Am. #42-93) The license year shall be from July 1 through June 30 of the following year. The license fees shall be $50 per year for the first cab and $15 per year for additional cabs operated by the same licensee. The fees shall not be prorated for partial terms except that the fee for the first cab shall be reduced by half if less than 6 months of the license year remain.
   6. Taxicab Stand Permit Fee. (Am. #22-82) (Am. #6-14) All taxicab companies in the City shall pay an annual taxicab stand permit fee for a designated taxi stand area as approved by the Common Council. A designated taxi stand area is defined as a parking stall. Such one year permit shall run from July 1 through June 30. The initial taxicab stand permit fee is $575 which includes the cost of a sign designating the parking stall. The annual renewal fee is $500.
   7. Insurance Required. No taxicab license shall be issued until the applicant deposits with the City Clerk a policy of liability insurance covering all vehicles to be included under the license. This policy shall describe each vehicle by make, model and serial number, number of passengers capable of being accommodated therein at one time and the number of the State motor vehicle license. Such insurance policy shall be issued by a company licensed to do business in the State of Wisconsin and shall insure the licensee against loss from liability to the amount of $100,000 for the injury or death of more than one person in any one accident; and in the amount of $10,000 for damage to property of others for any one accident due to the negligent operation of the vehicle.
   8. Approval of Insurance. The policy of insurance shall be approved by the City Attorney as to legal form before it is filed and shall contain a provision that it may not be cancelled before the expiration of its term, except upon 10 days written notice to the City.
   9. Termination of Insurance. The cancellation or other termination of any insurance policy issued in compliance with this section shall automatically revoke and terminate all licenses issued for the vehicles covered by such insurance policy, unless another policy shall have been filed and approved, and shall be in effect at the time of such cancellation or termination.
   10. Issuance of License. After passage of the resolution of convenience and necessity as provided in paragraph (d), and upon filing with the City Clerk a receipt of the City Treasurer showing payment of the required license fees, and the policy of insurance as above provided, the City Clerk shall issue to the applicant a taxicab license. Each license granted shall be numbered, and shall show the owner's name and place of business, and the number of vehicles which may be operated thereunder.
   11. License Plates. The City Clerk shall issue to each licensee a license plate for each vehicle licensed. The license plates shall be of such size, form, and material as the City Clerk may deem proper, and shall have printed or stamped thereon the words, "City of Waukesha Taxicab License," to be followed by the appropriate serial number of said license and the period for which issued. No vehicle shall operate as a taxicab unless such plate is securely fastened in a conspicuous place on the front of the vehicle.
   12. Duplicate Plates. If a taxicab license plate is lost the licensee shall secure a duplicate thereof by applying to the City Clerk and paying $1.00.
       
   13. Transfer of Taxicab Licenses. No taxicab license shall be transferable either from the vehicle described in the original application to another vehicle, or from the original licensee to another person, without formal permission from the Common Council.
   14. Renewal of Taxicab Licenses. Taxicab licenses may be renewed by the City Clerk upon the payment of the fees and filing of policies of insurance as required for the original license.
   15. Revocation of Taxicab Licenses. A taxicab license may be revoked by the Common Council at any time for violation of any provision of this section, or for violation of any provision of the statutes regulating taxicabs, or for violation of any traffic law or regulation. Such revocation may be for any or all vehicles included under the license. In case of revocation no other taxicab license shall be issued to the same person for at least a year, and no part of the license fee shall be refunded. The City Clerk shall promptly notify the licensee of any revocation.
3. DRIVERS LICENSES.
   1. License Required. No person shall operate any taxicab in the City unless he is licensed in accordance with this section.
   2. Application. Each applicant shall submit in writing to the City Clerk on forms furnished by him a statement of his full name, present residence, residence for 3 years past, age, height, weight, color of eyes and hair, citizenship, place of last previous employment, marital status, Wisconsin state motor vehicle operator's license number, whether he has ever been convicted of a felony or a misdemeanor, whether he has ever been previously licensed as a driver or chauffeur, and if so, when and by what authority, whether his license has ever been revoked or suspended, and if so, for what cause, and the name of the prospective employer. He shall also furnish his fingerprints to the Police Department.
   3. Qualifications. No taxi driver's license shall be granted to any person:
      1. (Am. #26-76) Who is under 18 years of age.
      2. Who does not possess a valid Wisconsin motor vehicle operator's license.
         
      3. (Am. #67-02) Who has been convicted of a felony, misdemeanor, or other offense, the circumstances of which substantially relate to being a taxi driver.
   4. Taxi Driver's License Fee. (Am. #42-93) The fee for a taxi driver's license shall be $20 and the license shall expire on June 30 of each year.
   5. Issuance and Display of License. Upon presentation of the City Treasurer's receipt for payment of the license fee, the City Clerk shall deliver to each licensed taxi driver a license of such form and style as the City Clerk may prescribe, with the license number thereon, which must, under penalty of revocation of the license, be constantly and conspicuously displayed on the taxicab when he is engaged in his employment. Each licensee shall affix to the face of the license in the space provided a photograph of himself, not less than 1 1/2" square, which shall provide an accurate likeness of his face. No driver may loan his license or permit to another person to use it subject to revocation of his license.
   6. Records of Licenses. The City Clerk shall maintain a complete record of each license issued to a driver and of all renewals, suspensions and revocations thereof, which shall be filed with the original application.
   7. Renewal of Taxi Driver's License. A taxi driver's license may be renewed upon application to the City Clerk on a form furnished by him entitled, "Application for Renewal of Taxi driver's License," which shall show the full name and address of the applicant and the date upon which his original license was granted and the number thereof.
   8. Revocation of Taxi Driver's License. (Am. #54-88) (Am. #67-02) The Common Council may revoke a taxi driver's license if the licensee has violated any provision of this section, provided false information on his application or been convicted of any felony, misdemeanor or other offense, the circumstances of which substantially relate to the circumstances of being a taxi driver.
   9. Notice of Revocation; Appeal. (Am. #7-00) Written notice of such revocation or refusal to renew shall be given to the licensee. Any person whose license shall have been revoked or renewal refused by the Chief of Police may within 10 days thereof appeal to the Common Council for a hearing thereon and the Common Council may after the hearing affirm or reverse the action of the Chief of Police. As provided by Section 68.16 of the Wisconsin Statutes, the City hereby elects not to be governed by Chapter 68 when conducting hearings pursuant to this section. If no appeal is taken within 10 days, the action of the Chief of Police shall be final. The Chief of Police shall repossess any license which is revoked. In case of revocation no new license shall be granted the same person for at least one year and no part of the fee shall be refunded.
   10. Temporary Operator's License. The Chief of Police may grant a temporary operator's license when he shall deem it necessary and such license shall entitle the licensee to operate a taxicab until the Common Council shall act upon the application. In no case shall such temporary license be valid for more than 30 days from the date of application and no temporary license shall be granted until a formal application for an operator's license has been placed on file with the City Clerk and the fee paid. If such temporary license is issued, the fee shall not be refunded if the Common Council does not issue a license. The Chief of Police may revoke such temporary license at any time if he shall deem it to be in the best public interest.
4. RATES OF FARE. (Rep. & Recr. #5-76)
   1. Base Rates Established. There shall be no specific rates of fare established by the City for charges made to passengers of taxicabs licensed under this section. Rates of fare shall be determined by the taxicab company licensed under this section.
   2. Posting of Fares. Any rate set by a taxicab company as provided in par. (a) shall be posted in each taxicab so as to be readily visible to each passenger of such taxicab. Rates of fare shall also be posted in the taxicab dispatching office so as to be readily visible to potential passengers and such rates shall also be filed with the City Clerk's office.
   3. Changes in Rates. Any change in the basic rates of fare shall be filed with the City Clerk before becoming effective.

1. PURPOSE. The purpose of this section is to license and regulate the opening, conducting and operation of teenage clubs in the City, license the operator or manager of such clubs, fix license fees therefor, and provide penalties for the violation thereof.
2. DEFINITIONS. For purposes of this section the following definitions shall be used:
   1. "Teenage Clubs." Any establishment whose primary purpose is to provide entertainment, food, and non-alcoholic beverages for a profit, catering to a clientele composed primarily of teenagers.
   2. "Teenagers." Any person 13 years of age to and including a person 18 years of age.
   3. "Manager" or "Operator." Any individual who controls, directs or supervises the licensed club.
3. LICENSE REQUIRED. No person shall open or cause to be opened, or conduct, maintain, operate or manage any teenage club within the City without first having obtained a license as set forth in this Chapter.
4. APPLICATION FOR TEENAGE CLUB LICENSE. (Am. #16-08) Each person desiring to open or maintain a teenage club shall first make application to the City Clerk. The application shall contain the following:
   1. If the applicant is a corporation, the name of the corporation shall be set forth exactly as set forth in its articles of incorporation, together with the date and state of incorporation, the name and residence of each of its officers, directors, and each stockholder holding five percent (5%) or more of the stock or beneficial ownership of the corporation. The application shall also be verified by any officer of the corporation.
   2. If the applicant is a partnership, the applicant shall set forth the name of the partnership and the name and resident address of each of the partners, including limited partners, and shall be verified by each partner. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate partner.
   3. Others. If the applicant is neither a corporation or partnership, the applicant shall set forth the true full name and residence address of the applicant and shall be verified by the applicant.
   4. The full name and address of the person who is to manage and be in charge of the teen club and his/her age and place of birth.
   5. Whether or not the applicant has ever been engaged in the operation of a teen club, and if so, when, where and how long at each such place.
   6. The full address of the premises, which shall be on the first floor or ground level where such teenage club is to be conducted, and the name and the address of the person owning such premises.
5. (Am. #16-08) APPLICATION FOR AN OPERATOR'S LICENSE. Each person desiring to operate or manage a teenage club shall first make application to the City Clerk. The application shall contain the following:
   1. The full name and address of the applicant, his/her place of birth, that he/she is at least eighteen (18) years of age, and that he/she shall be fingerprinted.
   2. Whether or not the applicant was ever engaged in the operation of a teenage club, and if so, when, where and how long at each such place.
   3. Business, occupation or employment history for three (3) years immediately preceding the date of application, including but not limited to whether such persons previously operated under any permit or license in another city, in this state or another state, and whether such permit or license has ever been suspended or revoked.
   4. All convictions in any state or federal court within the past five (5) years, including municipal ordinance violations exclusive of traffic convictions, with a brief statement of the nature of the convictions and the jurisdiction in which the convictions occurred.
   5. All pending criminal charges in any state or federal court with a brief statement of the nature of the pending charges and jurisdiction in which the charges are pending.
6. (Am. #16-08) APPLICATION REVIEW PROCESS.
   1. Upon receipt of an application for a teenage club license, the City Clerk shall notify the Chief of Police, County Public Health Officer, Chief of the Fire Department and Chief Building Inspector, and these officials shall inspect or cause to be inspected each such application and the premises to determine whether the applicant and premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto. These officials shall furnish to the City Clerk, in writing, the information derived from such investigation and a statement of whether the applicant and premises meet the requirements of the departments for whom the officer is certifying, within ten (10) days of receipt of the notice from the City Clerk. No license shall be renewed without a re-inspection of the premises.
   2. Within thirty (30) days of receiving an application for a license, the Common Council shall grant or deny a license to the applicant upon recommendation of the Ordinance and License Committee. The City Clerk shall notify the applicant whether the application is granted or denied. The City Clerk shall issue the license if granted.
   3. Whenever an application is denied, the City Clerk shall advise the applicant, in writing, of the reasons of such action.
7. (Am. #16-08) PREMISES REQUIREMENTS. The minimum premises requirements are as follows:
   1. That the premises designated in the application for the teenage club shall be ground level or first floor.
   2. That there shall be a minimum of 1500 square feet excluding kitchen, restroom and entrance areas.
   3. That the premises shall be properly and adequately lighted during the hours the establishment is open and there shall be a full and complete view of the interior from the outside.
8. (Am. #16-08) LICENSING STANDARDS.
   1. The Common Council shall issue a teenage club license upon the recommendation of the License and Ordinance Committee if it finds that:
      1. The required fee has been paid;
      2. The application conforms in all respects to this section;
      3. The applicant has not knowingly made a material misstatement in the application;
      4. The applicant has fully cooperated in the investigation of the application;
      5. The location of the proposed premise complies with all applicable laws, including but not limited to the building and zoning codes;
      6. The applicant has not had a teenage club license or permit or other similar license or permit revoked or suspended in this state or any other state within three (3) years prior to the date of application;
      7. The applicant, if (i) an individual (ii) stockholders holding five percent (5%) or more of the stock or beneficial ownership of the corporation (iii) and any officers, agents or directors, if the applicant is a corporation; (iv) or any of the partners, including limited partners if the applicant is a partnership; does not at the time of application have pending any criminal charge for, or within five (5) years prior to the date of application has not been convicted of any offense under Ch. 948 Wis. Stats. as amended, or any other offenses subject to Sec. 111.335 Wis. Stats. as amended.
      8. The applicant, if a corporation, is licensed to do business and is in good standing with the State.
   2. The Common Council shall issue an operator’s license upon recommendation of the Ordinance and License Committee if it finds that the criteria in (a)1. through 4. and 6., 7. above have been met. If an operator or manager’s application is denied, the City Clerk shall advise the applicant in writing of the reasons of said action.
   3. Failure or refusal of the applicant to give information relevant to the application; failure or refusal to appear at any reasonable time and place for examination under oath regarding the application or refusal to submit or cooperate with regard to any information required by this section shall constitute an admission by the applicant that he/she is ineligible for such license and shall be grounds for denial.
9. GENERAL REGULATIONS.
   1. No other business shall be operated in conjunction with the operation of a teenage club.
   2. No alcoholic beverages shall be permitted upon the premises.
   3. When the teenage club is open for business a licensed manager or operator shall be on the premises.
   4. Every applicant procuring a teenage club license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from the premises all things and articles in violation of City ordinances or State laws, and consents to the introduction of such things and articles as evidence in any prosecution that may be brought for such offenses.
   5. Each licensed premise shall be conducted in an orderly manner and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premise.
   6. Whenever anything occurs to change any fact set out in the application, licensee or applicant shall file with the City Clerk a notice in writing of such change within 10 days.
10. HOURS OF OPERATION. (Am. #52-79) Premises for which a teenage club license has been issued shall be open between 3:30 p.m. to 11 p.m. daily except Saturday, Sunday and holidays when the hours may be noon to 11 p.m. When school is not in session, the weekend and holiday hours may be used. Music shall cease at 10:30 p.m. At all other times, the premises shall be locked and cleared of all persons excepting the necessary maintenance and cleaning personnel.
11. TERM AND FEES OF LICENSES. All licenses shall be issued for a term of one year terminating on June 30 of each year.
    1. Each person granted a teenage club license shall pay of fee of $100.
    2. Each person granted an operator's or manager's license shall pay a fee of $5.
12. (Am. #16-08) RESPONSIBILITIES OF LICENSEES. Every act or omission by an employee constituting a violation of the provisions of this section shall be deemed the act or omission of the teenage club licensee if such act or omission occurs either with the authorization, knowledge or approval of the licensee, or as a result of the licensee’s negligent failure to supervise the employee’s conduct. The licensee shall be punishable for such act or omission in the same manner as if the licensee committed the act or caused the omission.
13. (Am. #16-08) LICENSE RENEWAL.
    1. Every license issued pursuant to this section shall terminate at the expiration of one (1) year from date of issuance unless sooner revoked and must be renewed before operation is allowed in the following year. All applications for the renewal of teenage club licenses issued by the City shall be filed with the City Clerk’s office on a form to be provided by the Clerk no later than sixty (60) days prior to the expiration of the license. The renewal application shall contain such information and data, given under oath or affirmation, as is required for an application for a new license. Applications to renew licenses shall be processed by the City in the same fashion as new applications.
    2. Renewal applications shall be accompanied by a renewal fee as set from time to time by resolution of the Common Council. In addition to the renewal fee, a late penalty fee shall be assessed against any applicant who files for renewal less than sixty (60) days before the license expires. Renewal applications will not be processed until the fee is paid.
    3. The City may refuse to renew the license for the causes set forth in (15). A hearing on renewal shall be conducted in accordance with (15)(b) and (c).
14. (Cr. #16-08) SUSPENSION OR REVOCATION OF LICENSE.
    1. Any teenage club license may be suspended for not more than ninety (90) days or revoked by the Council for any of the following reasons:
       1. Any of the grounds that would warrant the denial of the original application for the license;
       2. Discovery that false or misleading information or data was given on any application or material facts were omitted from any application;
       3. The licensee or any employee of the licensee violates any provision of this section or any rules or regulations adopted by the Council pursuant to this section; provided, however, that in the case of a first offense by a licensee where the conduct was solely that of an employee, the penalty shall not exceed a suspension of thirty (30) days if the Common Council finds that the licensee had no actual or constructive knowledge of such violation and could not, by the exercise of due diligence, have had such actual or constructive knowledge;
       4. The licensee becomes ineligible to obtain a license or permit.
    2. A license may be suspended or revoked after notice and hearing before the Ordinance and License Committee to determine if grounds for such suspension or revocation exist. Notice of the hearing shall be in writing and sent by certified mail addressed to the licensee at the current address of the licensee on file with the City Clerk’s office. The notice shall be served at least ten (10) days prior to the date of hearing. The notice shall state the grounds of the complaint against the licensee and shall designate the time and place where the hearing will be held.
    3. After a hearing before the Committee, the Committee shall submit a report to the Common Council with recommendation as to what action, if any, the Council should take with respect to the license. Either the complainant or licensee may file an objection to the report and shall have an opportunity to present arguments supporting the objection to the Common Council. The Common Council shall determine whether the arguments shall be presented orally or in writing or both.
    4. Any licensee whose license is revoked shall not be eligible to receive a license for one (1) year from the date of revocation. No location or premises for which a license has been issued shall be used as a teenage club for six (6) months from the date of revocation of the license.

1. PERMIT REQUIRED. Owners or tenants of property abutting on municipally owned parking lots may apply to the Common Council for a permit to establish a pedestrian, loading or access outlet from the parking lot to their property.
2. INVESTIGATION REQUIRED. Applications shall be referred to the Board of Public Works for investigation and report to the Common Council.
3. ISSUANCE OF PERMIT. After report by the Board of Public Works, the Common Council may, by resolution, designate a pedestrian, loading or access outlet and direct the Board of Public Works to issue an annual permit therefor.
4. PERMIT FEE. Permits shall be issued for the period of July 1 through June 30. The fee therefor shall be $120 and shall be paid in advance to the Treasurer for the permit year.
5. FEES PRORATED. Permit fees shall be prorated to the nearest full month at the time of application and shall not be transferable.
6. FEES ALLOCATED. All permit fees paid pursuant to this section shall be credited by the Treasurer to the Municipal Parking System Fund.
7. REVOCATION. Permits may be revoked by the Common Council at any time without notice. If revoked, the Treasurer shall refund to the holder $10 for each full month remaining in the permit year.
8. WIDTH OF OUTLETS. Pedestrian, loading or access outlets shall not be more than 9' in width, shall be for public pedestrian travel or truck loading and unloading operations and shall be clearly marked by the Board of Public Works.
9. PARKING RESTRICTED. No vehicles other than vehicles loading or unloading shall be permitted to park in a pedestrian, loading or access outlet.

WAUKESHA MUNICIPAL CODE 07/01/97

1. LICENSE REQUIRED.
   1. An indoor skating rink operating within the City shall secure a license from the City.
   2. Each license shall terminate on June 30 of each year.
   3. The license fee shall be $25.
2. APPLICATION FOR LICENSE.
   1. Application for a license shall be made to the City Clerk's office.
   2. Upon receipt of an application, the City Clerk shall advise the Building Inspector, Police Department and Fire Inspector, who shall conduct their investigations and report their findings in writing to the Clerk.
3. ISSUANCE OF LICENSE. The granting of a license shall be by the Common Council.
4. OPERATION.
   1. All applicable State Statutes, codes and this Municipal Code shall be adhered to by the licensee in the operation of the skating rink.
   2. The licensee shall be responsible for the orderly operation of the skating rink and for the conduct of his patrons.
   3. The operation of the skating rink shall be such that the peace and quiet of the neighborhood shall not be disturbed by excessive noise emanating from the premises.

(Cr. #16-83)

1. DEFINITIONS.
   1. "Newsrack." Any self-service or coin-operated box, container, storage unit, or other dispenser installed, used or maintained for the display, sale or distribution of publications.
   2. "Public Right-of-Way." Any place dedicated to use by the public for pedestrian and vehicular travel, including but not limited to a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square, and any other similar public way.
   3. "Roadway." That part of a public right-of-way that is designated and used primarily for vehicular travel.
   4. "Sidewalk." That part of a public right-of-way that is designated and ordinarily used for pedestrian travel.
2. PERMIT REQUIRED. No newsrack shall be located in the City without a permit first being obtained from the Office of Community Development.
   1. The application for a permit shall be upon a form as provided by the Office of Community Development. An applicant for a permit shall provide the following information:
      1. Name, address, and phone number of the applicant. If the applicant is a corporation or partnership, the applicant shall provide the name, address and phone number of a contact person who shall act as applicant’s agent for purposes of receiving notice under this section.
      2. The intended location of the newsrack.
      3. Specifications of the newsrack including height, width, and depth.
      4. (Am. #3-05) A written statement to be signed by the applicant providing that the applicant shall hold harmless and indemnify the City for any damages incurred resulting from the applicant’s installation and maintenance of the newsrack on any sidewalk. In lieu of a hold harmless and indemnification statement, the applicant may provide a certificate of insurance in a form acceptable to the City Attorney which names the City as an additional insured.
   2. In the event of a change of ownership of a newsrack, the new owner shall immediately provide written notification to the Office of Community Development informing the Office of the change and providing the name, address and phone number of the new owner.
   3. At the time the applicant submits the application to the Office of Community Development, the applicant shall pay a fee of $25.
   4. Permits issued pursuant to this section shall terminate at the expiration of one year from the date of issuance and must be renewed. The fee for renewal of a permit is $10.
3. ISSUANCE OF PERMIT. If the Director of the Office of Community Development or the Director’s designee is satisfied that the intended location and specifications of the newsrack conform to this section, he or she shall issue the permit to the applicant no later than three (3) business days following receipt of the completed application. If the intended location and specifications of the newsrack do not conform to this section, the permit shall be denied. Written notice of the denial shall be mailed to the applicant no later than three (3) business days following receipt of the completed application. If the basis for denial is due solely to location, the application may be amended to state a different location as agreed upon by the parties that conforms to this section.
4. PROHIBITIONS. Newsracks shall not be placed, installed, used or maintained in a public right-of-way:
   1. Within ten (10) feet of any marked crosswalk or the curb return of any unmarked crosswalk, and in any event not beyond the stop line.
   2. Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility.
   3. Within five (5) feet of any driveway.
   4. Within five (5) feet ahead of, and twenty-five (25) feet to the rear of any sign marking a designated bus stop.
   5. Within six (6) feet of any bus bench.
   6. At any location whereby the clear space of the passageway of pedestrians is reduced to less than five (5) feet.
   7. In a manner which obstructs the motoring public’s view of pedestrians or traffic and parking signage.
   8. In a manner which requires the newsrack be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object unless the owner has consented in writing; or to loose objects including but not limited to bricks, rocks, cinder blocks, or pipes.
5. STANDARDS FOR MAINTENANCE.
   1. Newsracks shall be serviced and maintained so that:
      1. They are free of dirt, grease, and graffiti.
      2. They are free of chipped, faded, peeling and cracked paint.
      3. They are free of rust and corrosion.
         
      4. The clear plastic or glass components are unbroken and free of cracks and dents.
      5. The paper or cardboard components or inserts thereof are free of tears, peeling or fading.
      6. The structural parts thereof are not broken or misshapen.
   2. Newsracks shall not exceed the following dimensions: sixty (60) inches in height; twenty (20) inches in depth; and twenty- four (24) inches in width.
6. ENFORCEMENT OF VIOLATIONS; REMOVAL.
   1. Upon determination of the Director of the Office of Community Development or the Director’s designee that a newsrack has been installed, maintained or used in violation of this section, an order to correct the violation shall be issued by posting a copy of the order on the newsrack itself, and by mailing a copy of the order to the owner or designated agent of the newsrack. The order shall specifically describe the violation or violations being committed.
   2. Any person who does not comply with an order referenced in sub. (6)(a) within ten (10) days may be subject to the following:
      1. Prosecution, penalties and remedies under Chapter 25 of this Code.
      2. Removal of the newsrack. Prior to removal, the Office of Community Development must notify the newsrack owner or agent of its intent to remove in writing. The newsrack may be removed from the public right-of-way thirty five (35) days following notice if the owner or designated agent of the owner has not requested a hearing as provided by sub. (7)(a) of this section and the violation or violations set forth in the notice have not been corrected. If the newsrack owner or agent cannot be ascertained, notice shall be accomplished by publishing a Class 1 Notice as defined by section 985.07(1), Wis. Stats.
      3. Each and every day a violation continues or occurs constitutes a separate offense.
   3. Emergency Removal. The Director of the Office of Community Development or the Director’s designee may immediately remove a newsrack from the public right-of-way if the condition or location of the newsrack presents a serious and immediate threat to public health and safety.
   4. If a newsrack is removed from the public right-of-way pursuant to this section, the Director of the Office of Community Development or the Director’s designee shall notify the owner or designated agent of the owner of the removal by written notice. The notice shall contain an explanation of the reasons for the removal as well as information regarding how the owner may retrieve the newsrack. If the owner or designated agent fails to retrieve the newsrack within ninety (90) days of mailing of the notice, and a hearing on the removal has not been requested pursuant to sub. (7)(a) of this section, the Director of the Office of Community Development may dispose of the newsrack using any reasonable method.
7. APPEAL. Any person or entity aggrieved by a finding, determination, notice, order, or action taken under the provisions of this section may request a hearing before the Plan Commission in the manner provided herein.
   1. The party requesting the hearing must provide written notice to the Director of the Office of Community Development within thirty (30) days of receipt of notice of the finding, determination, notice, order or action taken.
   2. If the appeal concerns an existing newsrack, the newsrack shall not be removed from its location except as provided by sub. (6)(c) of this section while the appeal is pending.
   3. The Board shall provide the appellant an opportunity to be heard at the hearing, present relevant evidence in support of his or her position, and cross examine adverse witnesses. The appellant may be represented by legal counsel. The hearing shall not be governed by the administrative review procedures provided for in Chapter 68, Wis. Stats.
   4. The decision of the Plan Commission shall be reduced to writing and delivered to the newsrack owner or agent of the owner by certified mail no later than fifteen (15) days following the hearing. Any party to a proceeding resulting in a final determination of the Plan Commission under this section may seek review by certiorari as provided by Wis. Stat. §68.13.
8. EXISTING NEWSRACKS. Newsracks in place in the City prior to the effective date of this section shall be brought into compliance with this section by no later than August 1, 2004. The Office of Community Development shall notify all existing newsrack owners or agents of the compliance date in writing. A Class 1 Notice as defined by section 985.07(1), Wis. Stats., indicating the compliance date shall also be published.
9. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase, or portion thereof.

(Cr. #23-04)

(Cr. #15-85) (Rep. # 81-02)

(1) Definitions.

(a) Mobile Food Vendor. Mobile Food Vendor means a wheeled conveyance that can be moved, whether by its own power or by outside force, from which items for human consumption are sold directly to consumers, and which remains in one location for at least 5 minutes while selling. Without limitation, conveyance includes push carts, pedal carts, wagons, trailers, vans, and trucks.

(b) City Park. City Park means any grounds under the management and control of the City Department of Parks, Recreation and Forestry.

(c) Service Base. Service Base has the meaning given in Wis. Admin. Code ATCP 75 Appendix, §1.201.10(B), and successor provisions.

(2) Permit Required. Mobile Food Vendors may not operate on City streets or parking lots in the City of Waukesha without a current, valid Mobile Food Vendor Permit issued by the City of Waukesha; except that Mobile Food Vendors may operate on City streets and parking lots that are entirely within City Parks with a permit from the City Parks, Recreation and Forestry Department. Permits must be displayed on or in the Mobile Food Vendor at all times. Annual permits shall expire each year on December 31. Daily permits shall be valid during the time periods specified in subsection (6)(c) on the designated day.

(3) Fee. The fee for an annual Mobile Food Vendor Permit shall be $350, except that for applications submitted after September 1 the fee shall be $100. The fee for a daily permit shall be $40.

(4) Application for Permit. Mobile Food Vendors shall apply for a Mobile Food Vendor Permit at the City Clerk’s office, using forms provided by that office. The application shall require the following information to be provided by the applicant:

(a) The name, home address, business address, telephone number, and email address of the owner of the Mobile Food Vendor.

(b) The name, address, and telephone number of the Mobile Food Vendor’s Service Base.

(c) The name and address of the state-certified food manager responsible for operation of the Mobile Food Vendor.

(d) A description of the Mobile Food Vendor, including the manufacturer, model, year, license plate number, VIN, serial number, and color, as applicable.

(e) Proof that the applicant holds all required state and county permits.

(5) Areas of Operation.

(a) Mobile Food Vendors may operate in the following areas:

(i) City streets and parking lots in the B-2 Central Business District, M-1, M-2, M-3, MM-1, and I-1 zones, but only in areas therein designated by the City. A map showing pre-designated areas shall be maintained by the City Clerk’s office.

(ii) Regardless of subsection (5)(a)(i), City streets or parking lots for which a closure permit has been issued by the City under Municipal Code §6.17.

(iii) City Parks, pursuant to a permit issued by the City Department of Parks, Recreation and Forestry.

(iv) Private property, except in areas zoned RD-1, RD-2, RM-1, RM-2, RM-3, RS-1, RS-2, RS-3 or RS-4, as shown on the City’s official Zoning Map.

(b) Mobile Food Vendors may not operate in any areas zoned RD-1, RD-2, RM-1, RM-2, RM-3, RS-1, RS-2, RS-3 or RS-4, as shown on the City’s official Zoning Map, except as provided in subsection (6)(e), or operation is within an area for which a closure permit has been issued by the City under Municipal Code §6.17.

(6) General Regulations. All Mobile Food Vendors operating anywhere in the City of Waukesha, including City Parks and private property, must comply with all of the following, except as specifically provided:

(a) Mobile Food Vendors are not exempt from, and must observe, all parking regulations.

(b) Mobile Food Vendors operating on City streets or parking lots and that are motor vehicles or are towed by motor vehicles shall not exceed 25 feet in overall length. Mobile Food Vendors that are propelled by pedal or by hand shall not exceed 4 feet in overall width and 8 feet in overall length. Mobile Food Vendors may not occupy more than two parking spaces, and are not allowed in angle parking spaces. Mobile Food Vendors may not occupy any part of a sidewalk or hinder pedestrian traffic on sidewalks in any way.

(c) Mobile Food Vendors may operate only between 7 a.m. and 11 p.m. Sunday through Thursday, and between 7 a.m. and 12 a.m. on Friday and Saturday; except that if a Mobile Food Vendor is operating within a City-sponsored event or an event for which a street closure permit has been issued by the City, the Mobile Food Vendor shall end operations when the event ends, but in no event later than 10 p.m. If the street closure is within an area designated for Mobile Food Vendors pursuant to subsection (5)(a)(i), the Mobile Food Vendor may continue operations after the special event ends, subject to all other provisions of this section.

(d) Mobile Food Vendors that are parked on City streets may serve customers only from the curb side and not from the street side.

(e) Owners of a residential property may obtain a permit from the City Clerk three times per calendar year for a Mobile Food Vendor to operate at the residential property for a private event, and to park on a public street adjacent to the residential property. Written consent of the Common Council member representing the district is required for the issuance of the permit. Provided the owner has obtained such a permit, the Mobile Food Vendor may operate there, subject to all other applicable regulations except the location restrictions in subsections (5)(a)(i) and (5)(b), and no separate signage is allowed. Sales are to be to attendees of the private event only, and sales to the general public are prohibited.

(f) The City shall at all times have the authority to order a Mobile Food Vendor to relocate or suspend operations if the Mobile Food Vendor’s operations are impeding vehicle or pedestrian traffic or for other public safety reasons.

(g) No separate signage, tables, tents, or chairs are allowed, except that a single A-frame sign complying with Municipal Code §27.04(7) may be placed within 10 feet of the Mobile Food Vendor, not blocking any pedestrian way or traffic lane.

(h) Alcoholic beverage sales by Mobile Food Vendors are prohibited, unless operation is within a City Park pursuant to a valid alcohol-beverage retail license or permit.

(i) Use of loudspeakers on the exterior of the Mobile Food Vendor is prohibited.

(j) Mobile Food Vendors shall provide adequate solid waste and recyclables receptacles for use by customers, and shall dispose of all collected waste and recyclables only at Mobile Food Vendor’s Service Base or in waste-disposal receptacles provided by an owner of private property on which the Mobile Food Vendor operates. Mobile Food Vendors shall not dispose of any solid waste or recyclables in City waste receptacles or private waste receptacles without express permission of the owner.

(k) Mobile Food Vendors shall not dispose of any wastewater, other liquid waste, oil, or grease by dumping into City sanitary sewers, storm sewers, street gutters, or curb drains. All wastewater, other liquid waste, oil, and grease shall be disposed of by the Mobile Food Vendor only at its Service Base.

(l) Any electrical generators must be mounted on the Mobile Food Vendor, and sound of the operating generator cannot exceed 70 dB(A) SPL measured at 50 feet.

(m) Mobile Food Vendors shall at all times while operating in the City of Waukesha have all required county and state licenses and permits present in or on the Mobile Food Vendor, in addition to the Mobile Food Vendor Permit required by this Section 8.18.

(n) Mobile Food Vendors must comply at all times with the regulations in the Wisconsin Food Code, Wisconsin Administrative Code Chapter ATCP 75 Appendix.

(o) Mobile Food Vendors must comply at all times with all applicable provisions of the City Fire Code, Municipal Code Chapter 21.

(7) Penalties. Violation of the provisions of this Section 8.18 may result in any or all of the following penalties:

(a) Forfeiture of $50 plus all court costs and fees for each violation, with each day of continued violation deemed a separate violation.

(b) An order to cease operations immediately until the violation is corrected, if the violation presents an immediate threat to public safety or welfare.

(c) Revocation of, suspension of, or refusal to renew the Mobile Food Vendor Permit.

(Cr. #42-74) (Rep. & Recr. #82-02)

(1) No individual shall engage in any activity for which a license is required under Wis. Stat. §460.02 unless that individual is licensed as required by Wis. Stat. §460.02.

(2) No person shall employ or contract the services of an individual for which a license is required under Wis. Stat. §460.02 unless that individual is licensed as required by Wis. Stat. §460.02.

(3) Violations of this section shall result in a forfeiture of not more than $1,000.00 for each separate offense. Each day of a continued violation shall be a separate offense.

(Cr. #22-75) (Repealed #2-15)

1. DEFINITIONS. (Am. #28-95)
   
   "Adult Bookstore." An establishment which has a facility or facilities, including but not limited to booths, cubicles, rooms or stalls, for the presentation of "adult entertainment," as defined below, including adult oriented films, movies or live performances for observation by patrons therein; or an establishment having as a substantial or significant portion of its stock in trade, for sale, rent, trade, lease, inspection or viewing, books, films, video cassettes, magazines or other periodicals, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities as defined below.
   
   "Adult Cabaret." A cabaret which features topless dancers, strippers, male or female impersonators or similar entertainers.
   
   "Adult Entertainment." Any exhibition of any motion picture, live performance, display or dance of any type, which has as its dominant theme or is distinguished or characterized by an emphasis on any actual or simulated specified sexual activities or specified anatomical areas as herein defined.
   
   "Adult Mini-Motion Picture Theater." An enclosed building with a capacity of less than 50 persons used for presenting material having as its dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as herein defined for observation by patrons therein.
   
   "Adult Motion Picture Theater." An enclosed building with a capacity of 50 or more persons used for presenting material having as its dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined below for observation by patrons therein.
   
   "Adult Oriented Establishment." Any premises including, but not limited to, "adult bookstores," "adult motion picture theaters," "adult mini-motion picture establishments" or "adult cabarets." It further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments, or stalls separate from the common area of the premises for the purposes of viewing adult oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. Adult Oriented Establishment further includes without being limited to any "adult entertainment studio" or any premises that is physically arranged and used as such whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, or any other term of like import.
   
   "Booths," "Cubicles," "Rooms," "Compartments" or "Stalls." Enclosures as are specifically offered to the public or members of an adult-oriented establishment for hire or for a fee as part of a business operated on the premises which offers as part of its business the entertainment to be viewed within the enclosure. This shall include, without limitation, such enclosures wherein the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. However, "booth," "cubicle," "room," "compartment" or "stall" does not mean such enclosures that are private offices used by the owners, managers or persons employed on the premises for attending to the tasks of their employment, which enclosures are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing entertainment for a fee, are not open to any persons other than employees; nor shall this definition apply to hotels, motels or other similar establishments licensed by the State of Wisconsin pursuant to Chapter 50 of the Wisconsin Statutes.
   
   "Council." The City Council for the City of Waukesha, Waukesha County, Wisconsin.
   
   "Operators." Any person, partnership, or corporation operating, conducting, maintaining or owning any adult-oriented establishment.
   
   "Specified Anatomical Areas."
   1. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below the point immediately above the top of the areola.
   2. Human male genitals in a discernible turgid state, even if opaquely covered.
   "Specified Sexual Activities." Simulated or actual:
   1. Showing of human genitals in a state of sexual stimulation or arousal.
   2. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio or cunnilingus.
   3. Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.
2. LICENSE.
   1. Except as provided in subsection (d) below, from and after the effective date of this section, no adult oriented establishment shall be operated or maintained in the City without first obtaining a license to operate issued by the City.
   2. A license may be issued only for one adult oriented establishment located at a fixed and certain place. Any person who desires to operate more than one adult oriented establishment must have a license for each.
   3. No license or interest in a license may be transferred to any person.
   4. All adult oriented establishments existing at the time of the passage of this section must submit an application for a license within 60 days of the passage of this section.
   5. (Cr. #55-00) Notwithstanding sub. (4) below, an adult oriented establishment license shall not be granted to a premises in which the Common Council has determined that said premises operated as an adult oriented establishment without a license within one year prior to the date of application. This prohibition applies to a premises for a period of one (1) year following the Council's determination.
3. APPLICATION FOR LICENSE.
   1. Any person desiring to secure a license shall make application to the City Clerk. The application shall be filed in triplicate and dated by the City Clerk. A copy of the application shall be distributed promptly by the City Clerk to the City Police Department and to the applicant.
   2. The application for a license shall be upon a form provided by the City Clerk. An applicant for a license shall furnish the following information under oath:
      1. Name and address.
      2. Written proof that the individual is at least 18 years of age.
      3. The address of the adult oriented establishment to be operated by the applicant.
      4. If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agents and the name and address of all shareholders owning more than 5% of the stock in such corporation and all officers and directors of the corporation.
   3. (Am. #32-00) Within 21 days of receiving an application for a new license or an application to renew a license, the City Clerk shall notify the applicant whether the application is granted or denied.
   4. (Am. #3-00)(Am. #32-00)(Am. #42-00) (Am. #6-04) Whenever an application is denied, or a license is not renewed, the City Clerk shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within 10 days of receipt of notification of denial, a public hearing shall be held within 10 days thereafter in conformity with sec. 68.11(2), (3), Wis. Stats. A final determination stating the reasons therefore, together with a copy of any official recording or transcript of the hearing, shall be rendered within 20 days of the completion of the hearing. Judicial review shall be governed by sec. 68.13, Wis. Stats.
   5. Failure or refusal of the applicant to give any information relevant to the application or his refusal or failure to appear at any reasonable time and place for examination under oath regarding such application or his refusal to submit to or cooperate with regard to any information required by this section shall constitute an admission by the applicant that he is ineligible for such license and shall be grounds for denial thereof by the City Clerk.
4. STANDARDS FOR ISSUANCE OF LICENSE. To receive a license to operate an adult oriented establishment, an applicant must meet the following standards:
   1. If the applicant is an individual:
      1. The applicant must be at least 18 years of age.
      2. The applicant shall not have been found to have previously violated this section within 5 years immediately preceding the date of the application.
   2. If the applicant is a corporation:
      1. All officers, directors, and stockholders required to be named under par. (3)(b) shall be at least 18 years of age.
      2. No officer, director, or stockholder required to be named under par. (3)(b) shall have been found to have previously violated this section within 5 years immediately preceding the date of the application.
   3. If the applicant is a partnership, joint venture or any other type of organization where 2 or more persons have a financial interest:
      1. All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age.
      2. No person having a financial interest in the partnership, joint venture or other type of organization shall have been found to have violated any provision of this section within 5 years immediately preceding the date of the application.
5. FEES. A license fee of $250 shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned.
6. DISPLAY OF LICENSE OR PERMIT. The license shall be displayed in a conspicuous public place in the adult-oriented establishment.
7. RENEWAL OF LICENSE OR PERMIT.
   1. Every license issued pursuant to this section will terminate at the expiration of one year from date of issuance, unless sooner revoked and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the City Clerk. The application for renewal must be filed not later that 60 days before the license expires. The application for renewal shall be upon a form provided by the City Clerk and shall contain such information and data given under oath or affirmation as is required for an application for a new license.
   2. A license renewal fee of $250 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100 shall be assessed against any applicant who files for a renewal less than 60 days before the license expires. If the application is denied, 1/2 of the total fees collected shall be returned.
   3. If the City Police Department is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the City Clerk.
   4. (Cr. #22-91) The building inspector shall inspect the establishment prior to the renewal of a license to determine compliance with the provisions of this ordinance.
   5. (Cr. #3-00) In a zoning district in which a use licensed under this section is a nonconforming use under the zoning provisions of this code, no location or premises for which a license has been issued shall be used as an adult oriented establishment for one year following the date the nonrenewal of the license takes effect. For purposes of this paragraph a nonrenewal of a license takes effect when the licensed premises ceases operations as an adult oriented establishment.
8. REVOCATION OF LICENSE.
   1. (Am. #64-01) The Council may revoke or suspend a license for any of the following reasons:
      1. Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
      2. The operator or any employee of the operator violates any provision of this section or any rules or regulation adopted by the Council pursuant to this section provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Council shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.
      3. The operator becomes ineligible to obtain a license or permit.
      4. Any cost or fee required to be paid by this Section is not paid.
   2. (Am. #3-00) (Am. #32-00)(Am. #64-01) The Council, before revoking or suspending any license or permit, shall give the operator at least 10 days written notice of the charges and an opportunity for a public hearing. If the operator does not file a timely request for a public hearing, the allegations set forth in the charges shall be taken as true, and if the Council finds the charges sufficient the license shall be revoked or suspended. If the operator files a written request for a hearing with the City Clerk within 10 days of receipt of the charges, a public hearing shall be held within 10 days thereafter before the Ordinance & License Committee. The Ordinance & License Committee shall provide a written determination to the Common Council whether to revoke or suspend the license or permit within five (5) days of the public hearing. The Committee shall provide the operator with a copy of the written determination. The operator may file an objection to the written determination and shall have an opportunity to present written arguments supporting the objection to the Common Council. If the Common Council, after considering the Committee’s written determination and any arguments presented by the operator, finds the charges to be true or if there is no objection to the written determination recommending suspension or revocation, the license shall be suspended or revoked. If the charges are found to be true the license shall be suspended for not less than 10 days nor more than 90 days or revoked.
      
      Appeal from the Council’s determination shall be taken pursuant to sec. 68.10-68.12, Wis. Stats. If the operator makes a timely appeal, no suspension or revocation shall be effective until a final determination is rendered under sec. 68.12, Wis. Stats. Judicial review shall be governed by sec. 68.13, Wis. Stats.
   3. The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
   4. (Am. #3-00) Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult oriented establishment for six (6) months from the date of revocation of the license. In a zoning district in which a use licensed under this section is a nonconforming use under the zoning provisions of this code, no location or premises for which a license has been issued shall be used as an adult oriented establishment for one year following the date the revocation of the license takes effect. For purposes of this paragraph a revocation of a license takes effect when the licensed premises ceases operations as an adult oriented establishment.
9. PHYSICAL LAYOUT OF ADULT ORIENTED ESTABLISHMENT. Any adult oriented establishment having available for customers, patrons or members, any booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements:
   1. Access. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult oriented establishment and shall be unobstructed by any door, lock or other control-type devices.
   2. Construction. Every booth, room or cubicle shall meet the following construction requirements:
      1. Each booth, room or cubicle shall be separated from adjacent booths, rooms or cubicles and any non-public areas by a wall.
      2. Have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying the same.
      3. All walls shall be solid and without any openings, extended from the floor to a height of not less than 6 feet and be light colored, non-absorbent, smooth textured and easily cleanable.
      4. The floor must be light colored, non-absorbent, smooth textured and easily cleanable.
      5. The lighting level of each booth, room or cubicle, when not in use shall be a minimum of ten foot candles at all times, as measured from the floor.
   3. Occupants. Only one individual shall occupy a booth, room or cubicle at any time. No occupants of same shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.
   4. Inspections. (Cr. #5-95) The Building Inspector shall conduct monthly inspections of the premises to insure compliance with the provisions of this subsection.
10. RESPONSIBILITIES OF THE OPERATOR.
    1. Every act or omission by an employee constituting a violation of the provisions of this Section shall be deemed the act or omission of the operator is such act or omission occurs either with the authorization, knowledge, or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
    2. Any act or omission of any employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.
    3. No employee of an adult oriented establishment shall allow any minor to loiter around or to frequent an adult oriented establishment or to allow any minor to view adult entertainment as defined herein.
    4. The operator shall maintain the premises in a clean and sanitary manner at all times.
    5. The operator shall maintain at least 10 foot candles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles, provided, however, at no time shall there be less than one foot candle of illumination in said aisles, as measured from the floor.
    6. The operator shall insure compliance of the establishment and its patrons with the provisions of this section.
11. ADMINISTRATIVE REVIEW PROCEDURE. The City ordinances and State law shall govern the administrative procedure and review regarding the granting, denial, renewal, nonrenewal, revocation or suspension of a license.
    
12. PENALTIES AND PROSECUTION. Any person who shall violate any provisions of this Section or who shall fail to obtain a license or permit as required hereunder shall be subject to penalty as provided in §25.05 of this Municipal Code.

(Cr. #55-89; Am. #6-90) (Preamble to Sec. 8.195 Rep. & Recr. #28-95)

(Cr. #7-76)

(Cr. #10-81)

Any person applying for any license required by this chapter who files his application after the specified date shall pay, prior to the issuance of the license, a penalty equal to 10% of the license fee.

WAUKESHA MUNICIPAL CODE 07/01/97

1. PREMISES. No initial or renewal of City licenses shall be granted for any premises for which local taxes or assessments payable to the City are delinquent and unpaid.
2. PERSONS. No initial or renewal license shall be granted to any person delinquent in payment of any City taxes or assessments.
3. HEARING. If the applicant or licensee wishes to contest the Clerk's determination that all local taxes and assessments have not been paid, he may, within 15 days after notification of the Clerk's determination, request a hearing before the Common Council and the Common Council shall then determine whether such license shall be issued.

(Cr. #52-86)

In addition to other restrictions set forth within this Chapter, no natural person shall be eligible for a license or permit issued under this Chapter unless he or she is a legal resident of the United States.

(Am. #39-85; Ren. MSC '87) (Ren. & Recr. #31-06)

Except as otherwise provided in this chapter, any person who violates any provision of this chapter, or any order, rule or regulation made hereunder, shall be subject to a penalty as provided in §25.05 of this Municipal Code.

(Ren. 31-06) (Am. #39-85; Ren. MSC '87)