CHAPTER 12 LICENSES AND PERMITS 12.01 12.02 12.03 12.04 12.05 12.06 12.07 12.08 Licenses Required Issuance and Revocation of Licenses Junk Dealers Intoxicating Liquor and Fermented Malt Beverages Mobile Homes and Mobile Home Parks Peddlers, Canvassers, Solicitors and Transient Merchants Public Dance Halls Penalty LICENSES AND PERMITS 12.01 12.01 LICENSES REQUIRED. A license shall be required for the sale of each of the following or the conduct of the business or activity at the indicated license fee. The license fees shall be for a period of one year unless otherwise indicated. (1) AUCTIONS. $10.00 (2) BICYCLES. $2.00 life of bike or license holder. (3) BOWLING ALLEYS. $5.00 per alley. (4) BUILDING PERMITS. See Chapter 14. (5) CIGARETTES. $5.00 (6) CIRCUSES, CARNIVALS AND EXHIBITIONS. $25.00 (7) FERMENTED MALT BEVERAGES. (a) Class "A" Fermented Malt Beverage Retailer's License. $25.00 (b) Class "B" Fermented Malt Beverage Retailer's License. $100.00 or 3/4 of such amount for a 6 month period. (c) Wholesaler's License. $25.00 (d) Operator's License. $10.00 renewal. $15.00 first time. (e) Picnic License. $10.00 (f) Class C Wine License. Annual Fee: $100.00 (8) JUNK DEALERS. $15.00 (9) INTOXICATING LIQUORS. (a) Class "A" Retailer's License. $75.00 (b) Class "B" Retailer's License. $125.00 or 1/2 of such amount for a 6 month period. (c) Pharmacist's License. $10.00 (10) MOBILE HOMES. According to assessed value pursuant to sec. 66.058, Wis Stats. LICENSES AND PERMITS 12.02 (11) MOBILE HOME PARKS. $2.00 per space but not less than $25.00. (12) PEDDLERS, CANVASSERS, MERCHANTS. See Section 12.06 (13) POOL TABLES. $5.00 per table. (14) PUBLIC DANCE HALLS. $25.00 SOLICITORS AND TRANSIENT 12.02 ISSUANCE AND REVOCATION OF LICENSES. (1) LICENSE REQUIRED. No person shall engage in any business or activity enumerated in sec. 12.01 without a license or permit therefore as provided by this section. The words "license" and "permit" as used throughout this Chapter shall be considered interchangeable. (2) APPLICATION. Application for a license under this Chapter shall be made to the Village Clerk on a form furnished by the Village. Such application shall contain such information as may be required by the provisions of this Chapter or as may be otherwise required by the Village. (3) PAYMENT OF LICENSE FEE. License fees imposed under sec. 12.01 shall accompany the license application. If a license is granted, the Village Clerk shall pay the license fee to the Village Treasurer, who shall issue his receipt therefore. If the license is denied, the license fee shall be returned to the applicant. (4) PRORATION OR REFUND OF LICENSE FEE. Initial license fees shall be prorated but no fee paid shall be refunded unless the license is denied. (5) TERMS OF LICENSE. All licenses issued hereunder shall expire on June 30 in the year of issuance unless issued for a shorter term, when they shall expire on midnight on the last effective day of the license, or unless otherwise provided by these ordinances of state laws. (6) FORM OF LICENSE. All licenses issued hereunder shall show the date of issue, the activity licensed, and the term of the license, and shall be signed by the President and Village Clerk, and be impressed with the Village Seal. (7) RECORD OF LICENSES. The Village Clerk shall keep a record of all licenses issued. LICENSES AND PERMITS 12.02 (8) DISPLAY OF LICENSES. All licenses hereunder shall be displayed upon the premises or vehicle for which issued, or if carried on the person shall be displayed to any officer of the Village upon request. (9) COMPLIANCE WITH ORDINANCES REQUIRED. It shall be a condition of holding a license under this Chapter that the licensee comply with all ordinances of the Village. Failure to do so shall be cause for revocation of the license. (a) No license or permit shall be issued by the Village to a person, firm, or corporation having any unpaid, overdue personal property tax or an outstanding judgment owed to the Village unless the validity of such personal property tax or judgment is being properly contested by the oblige according to the statutes set forth for contesting the same. (10) TRANSFER OF LICENSES. All licenses issued hereunder shall be personal to whom issued and shall not be transferred except with the consent of the Board. (11) EXEMPTIONS. No license other than a liquor or beer license shall be required under this section for any nonprofit educational, charitable, civic, military, or religious organization where the activity which would otherwise be licensed is conducted for the benefit of the members or for the benefit of the public generally. (12) RENEWAL OF LICENSES. All applications for renewal of licenses hereunder shall be made to the Village Clerk by April 15. (13) CONSENT TO INSPECTION. An applicant for a license under this Chapter thereby consents to the entry of police or authorized representatives of the Village upon licensed premises at all reasonable hours for the purposes of inspection and search, and consents to removal from the premises and introduction into evidence in prosecutions for violations of this Chapter all things found therein in violation of this Chapter or state law. (14) REVOCATION OF LICENSES. Except as provided in sec. 12.04(10) any license issued under this Chapter may be revoked for cause by the President or Village Board. Any licensee whose license is so revoked may apply within 10 days of the revocation for a public hearing before the Village Board. At such hearing the licensee shall be entitled to be represented by Counsel. After hearing the evidence, the Board may confirm or reverse the revocation of modify the revocation by imposing a limited period of suspension. The determination of the Board shall be final. The Police Department shall repossess any license revoked hereunder. LICENSES AND PERMITS 12.03 12.03 JUNK DEALERS. (1) DEFINITION. A junk dealer for the purposes of this section is defined as any person or persons, association, partnership, firm or corporation conducting or maintaining any building, structure, yard or place for keeping, storing or piling commercial quantities whether temporarily or irregularly or continually or for the buying or selling at retail or wholesale or dealing in any old, used or second-hank materials of any kind, including cloth, rags, clothing, paper, rubbish, bottles or the parts thereof, or other article which from its worn condition renders it practically useless for the purpose for which it was made and which is commonly classified as junk. (2) LICENSE REQUIRED. Any person desiring to engage in the business of junk dealing or collecting shall file with the Village Clerk a written application upon the form prepared and provided by the Village. (3) APPLICATION. Every application to engage in the business of junk dealing shall state: (a) The name and residence of the applicant if an individual, partnership or firm, or the names of the principal officers and their residences if the applicant is an association or corporation. (b) The length of time such applicant or applicants has resided in the Village, his place of previous employment, marital status and whether he has been convicted of a felony or misdemeanor and if so, what offense, when and in what court. (c) Whether such applicant has been previously engaged in the business of junk dealing. (d) Detailed nature of the business to be conducted and kind of materials to be collected, bought, sold or otherwise handled. (e) The premises where such business is to be located or carried on and/or where the collected articles are to be stored. (f) An agreement that the applicant accepts the license if granted upon the condition that it may be suspended for cause at any time by the Village Board. (4) OATH AND BOND TO ACCOMPANY APPLICATION. Each application for a license to engage in the business of junk dealing shall be signed and acknowledged before a Notary Public or other officer authorized to administer oaths. Such application shall be accompanied by a bond to the Village in the penal sum of $200.00 for the maintenance of the building or yard with a surety or sureties or collateral security secured by the Village conditioned for the due observance during the time of the license of all LICENSES AND PERMITS 12.03 laws, ordinances and rules and regulations applicable to junk dealing. (5) INSPECTION. The License Committee shall inspect or cause to be inspected such premises to determine whether they comply with all the laws, ordinances, rules and regulations. Said premises and all structures thereon shall be so situated and constructed that the business of the junk dealer may be carried on in a sanitary condition, shall contain no fire hazards, and shall be so arranged that a thorough inspection may be made at any time by the proper health, fire, building and police authorities. The License Committee shall endorse its findings on the application. (6) ISSUANCE OF LICENSE. Upon the filing of the application and bond, the investigation and approval of such application and bond and the payment of the license fee hereinafter provided, the Village Clerk shall issue the applicant a license as provided herein. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the junk business, the date of the issuance and the expiration of the license and the name and address of the licensee. No license shall be refused except for specific reasons and no applicant to whom a license has been refused shall make further application until the period of time of at least 6 months shall have elapsed since the last previous refection, unless he can show that the reason for such rejection no longer exists. No license shall be granted under this section to any person who shall have been convicted within one year of the date of application of a violation of the provisions of this section nor to any person who has been convicted of a felony within 3 years of the date of the application for this license. (7) FEES. See 12.01(8). (8) LICENSE TO BE DISPLAYED. Every holder of a junk dealer's license shall keep said license posted at all times while in force in a conspicuous place on the premises described in the application for such license. No person shall post such license or permit it to be posted upon premises other than those mentioned in the application or knowingly deface or destroy such license. (9) REVOCATION. (a) Procedure. See 12.02(14). (b) No refund to be granted. Whenever any license shall be so revoked, no refund of any unearned portion of the fee therefore shall be made and no license shall be granted to any person whose license has been so revoked within a period of one year from the date of such revocation. LICENSES AND PERMITS 12.04 (c) Notice of Revocation. Written notice so such revocation and the reason or reasons therefore shall be served by the Village upon the person named in the application by mailing the same to the address given in the application and upon filing a copy of the same with the Village Clerk. 12.04 INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES. (1) STATE STATUTES ADOPTED. The provisions of Chapter 176 and sec. 66.054 and 66.057, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages except secs. 176.041, 176.051, 176.055, 176.08, 176.17, 176.402, 176.403, 176.404, 176.406, 176.62, and 176.71, exclusive of any provisions thereof, relating to the penalty to be imposed or the punishment for violation of said statutes, are hereby adopted and made a part of this Chapter by reference. A violation of any such provision shall constitute a violation of this chapter. (2) LICENSE FEES. (a) Fermented Malt Beverages. See sec. 12.01(7). (b) Intoxicating Liquor. See 12.01(9). (3) QUOTA ON CLASS “B” BEER LICENSES. There shall be no more than 8 Class “B” Fermented Malt Beverage Retailer’s Licenses issued and in effect in the Village at one time. (4) ELECTION TO PERMIT VOLUME LIQUOR SALES. The Village elects to come under the provisions of 176.05(2)(b), Wis. Stats. (5) LICENSE INVESTIGATION. The Village Clerk shall notify the health Officer, Chief of Police and Building Inspector of all license and permit applications, and these officials shall inspect or cause to be inspected each application and premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto and the applicant’s fitness for the trust to be imposed. These officials shall furnish to the Board in writing the information derived from such investigation. No license shall be renewed without a report from the Chief of Police. (6) DELINQUENT TAXES, ASSESSMENTS, ETC. (a) Premises. No initial or renewal alcohol beverage license shall be granted for any premises for which taxes, assessments or other claims of the Village are delinquent and unpaid. LICENSES AND PERMITS 12.04 (b) Persons. No initial or renewal alcohol license shall be granted to any person: i. Delinquent in payment of any taxes, assessments or other claims owed to the Village ii. Delinquent in payment of a forfeiture resulting from a violation of any ordinance of the Village iii. Delinquent in payment to the state of any state taxes owed. (7) CONDITIONS OF LICENSE. (a) Consent to Inspection. Sec. 12.02(13). (b) Health Rules. No premises shall be operated under a license issued hereunder without compliance with the applicable rules of the State of Department of Health and Social Services and the rules and regulations of the Board of Health and the Health Officer. (c) Windows to be of Clear Glass. All windows in the front of any licensed premises shall be of clear glass. (d) Disorderly Conduct Prohibited. Each licensed premises shall be conducted in an orderly manner and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises. (8) CLOSING HOURS. Sections 66.054(10) and 176.06 shall apply. (9) FURNISHING BEER TO MINORS PROHIBITED. No person shall procure for, sell, dispense, give away or furnish fermented malt beverages or intoxicating liquor to any person under the age of 21 years not accompanied by parent, guardian or adult spouse. (10) REVOCATION AND SUSPENSION OF LICENSES. (a) Procedure. Except as hereinafter provided, secs. 176.11 and 176.12, Wis. Stats., shall apply to proceedings for the revocation or suspension of all licenses or permits granted under this section. Revocation or suspension proceedings may be instituted by thee Board upon its own motion by adoption of a resolution. (b) Suspension of Licenses. The President or the Chief of Police, upon obtaining reasonable information that any licensee has violated any provision of this section or any state or federal liquor or fermented malt beverage law or committed any felony may suspend the license or permit of such person for a period not to exceed 10 days pending hearing by the Board, pursuant to par. (a). LICENSES AND PERMITS 12.04 (c) Automatic Revocation. Any license or permit issued under the provisions of this section shall stand revoked without further proceedings upon the conviction of a licensee or permittee or his employee, agent or representative for a second offense under this section or Chapters 176 or 139 or sec. 66.054, Wis. Stats., or any other state or federal liquor or fermented malt beverage law or any felony. (d) Repossession of License or Permit. Whenever any license or permit under this section shall be revoked or suspended by the Board, President, Chief of Police, or action of any court or par. (c), the Clerk shall notify the licensee or permittee of such suspension or revocation and shall notify the Chief of Police, who shall take physical possession of the license or permit wherever it may be found and file it in the Clerk's office. (e) Effect of Revocation of License. No license shall be issued for any premises if a license covering such premises has been revoked within 6 months prior to application. No license shall be issued to any person who has had a license issued pursuant to this section revoked within 12 months prior to application. (11) Drinking on public streets. (a) No person shall drink or carry for the purpose of immediate consumption any intoxicating liquor or fermented malt beverage upon the public streets and sidewalks of the Village of Denmark. Any person carrying any open can, cup, glass, bottle or similar drinking vessel containing intoxicating liquor or fermented malt beverages upon the public streets or sidewalks of the Village shall be in violation of this section. Such proscription, as it relates to fermented malt beverages, shall not be applicable to person who: (1) are of legal drinking age and attending an event within a public park that has obtained a temporary Class B Picnic License or (2) are of legal drinking age and attending a private family function within a public park if specifically permitted by the Chief of Police or Police Officer consistent with applicable laws and ordinances. (b) Any person violating the provisions of subsection (a) of this section shall be subject to a forfeiture of not less than $100 nor more than $500, plus costs, and in default of payment thereof to imprisonment in the county jail until such forfeiture is paid, but not to exceed 30 days. LICENSES AND PERMITS 12.05 12.05 MOBILE HOMES AND MOBILE HOME PARKS. (1) STATE STATUTES ADOPTED BY REFERENCE. The provisions of sec. 66.058, Wis. Stats., and the definitions therein are hereby adopted by reference. (2) MOBILE HOMES TO BE IN PARKS. No occupied mobile home shall be permitted to be located in the Village unless same is in a licensed mobile home park, except those mobile homes now occupied outside of a mobile home park, which right to occupy ceases when the present occupant thereof vacates said mobile home either by death, sale or otherwise. (3) PARK LICENSE REQUIRED. No person shall establish or operate upon property owned or controlled by him within the Village a mobile home park without having first secured a license therefore form the Village Clerk. The application for each license shall be accompanied by a fee of $2.00 for each space in the existing or proposed park but not less than $25.00 nor more than $100.00. The license shall expire one year from the date of issuance. Such parks shall comply with Wis. Adm. Code H 77 which is hereby adopted by reference. The Village may collect a fee of $10.00 for each transfer of a license. (4) ADDITIONS TO PARKS. Licensees of mobile home parks shall furnish information to the Village Clerk and Assessor on such homes added to their park within 5 days after their arrival on forms furnished by the Village Clerk. (5) PARKING PERMIT FEES. There is hereby imposed on each occupied nonexempt mobile home located in the Village a parking permit fee, such amount as determined in accordance with sec. 66.058, Wis. Stats. said fees shall be paid to the Village Treasurer on or before the 10th day of the month following the month for which such fees are due. It shall be the full and complete responsibility of the licensee of a mobile home park to collect such fees from each occupied nonexempt mobile home therein and to remit such fees to the Village Treasurer. Failure to do so is to be treated like a default in payment of personal property taxes and subject to all procedures and penalties applicable under Chapters 70 and 74 of the Wisconsin Statutes. (6) PAYMENT OF FEES FOR HOMES OUTSIDE PARKS. Occupants of nonexempt mobile homes parked outside of a mobile home park shall remit monthly parking permit fees directly to the Village Treasurer as provided in sub. (5). 12.06 PEDDLERS, CANVASSERS, SOLICITORS AND TRANSIENT MERCHANTS. (1) DEFINITIONS. LICENSES AND PERMITS 12.06 (a) Peddler. A peddler is a person who goes from place to place within the Village offering for sale property which he carries with him. It includes vendors who distribute their products to regular customers on established routes. (b) Canvasser or Solicitor. A canvasser or solicitor is a person who goes from place to place within the Village soliciting orders for the future delivery of property or for services to be performed in the future. It includes any person who occupies any place within the Village for the purpose of exhibiting samples and taking orders for future delivery. (c) Transient Merchant. A transient merchant is a person who engages at a fixed location in the Village in the temporary business of selling property at such location. It does not include a person who does not sell from stock but exhibits samples for the purpose of securing orders for future delivery only. It includes a person who associates temporarily with any local business or conducts business in the name of a local merchant, dealer or auctioneer. (2) EXCEPTIONS. No license shall be required hereunder of the following: (a) Persons selling personal property at wholesale to dealers in such articles. (b) Newsboys. (c) Persons under 18 years of age who are residents of the Village. (d) Merchants or their employees delivering goods in the regular course of business. (e) Farmers or truck gardeners offering to sell the products of the farm or garden occupied and cultivated by them. (f) A veteran holding a special State license under sec. 129.02 (2), Wis. Stats., but he shall comply with Subsections (6), (7) and (8). (g) Any person soliciting for charitable, religious, patriotic or philanthropic purposes where the proceeds thereof are devoted solely to the purposes of the organization. (h) Sales required by statute or order of a court. (i) Bona fide auction sales conducted pursuant to law. LICENSES AND PERMITS 12.07 (3) INVESTIGATION FEE. At the time of filing his application, the applicant shall pay to the Village Clerk $5.00 to cover the cost of investigation of the facts stated in the application. (4) INVESTIGATION. The Chief of Police shall cause the applicant and the facts stated in the applicant's application to be investigated and shall within 5 days return the application to the Village Clerk with his endorsement approving or disapproving the application. (5) BOND. Every applicant who is not a resident of Brown County or who represents a firm whose principal place of business is located outside of the State shall file with the Village Clerk a surety fond in the amount of $500.00, approved by the Village President, conditioned that the applicant will comply with all provisions of the ordinances of the Village and the State laws regulating peddlers, canvassers, solicitors and transient merchants, and guaranteeing to any person doing business with the licensee that all money paid as a down payment will be accounted for and applied according to the representations of the licensee. Action on such bond may be bought by any person aggrieved. (6) EXCESSIVE NOISE PROHIBITED. No person licensed hereunder shall in hawking his wares create such noise as is annoying to a person of ordinary sensibilities. (7) USE OF STREETS. No licensee shall use the public streets or sidewalks for purposes of sales in such a manner as to impede or inconvenience the public use of the streets or sidewalks. (8) DISPLAY OF LICENSE. Any person licensed hereunder shall carry his license with him while engaged in licensed activities, and shall display such license to any officer of the Village or any person with whom he seeks to do business upon request. 12.07 PUBLIC DANCE HALLS. (1) PERMIT REQUIRED. No person shall operate a dance hall or pavilion without first securing a permit. Permits shall be issued upon application in writing made to the Village Clerk. Applications for the holding of a dance shall be issued only with reference to such premises as have been inspected by the License Committee. The License Committee shall make its recommendation to the Village Board who shall thereupon approve or disapprove the application. (2) EXCEPTIONS. This section shall not apply to dances conducted under the auspices of a fraternal, veteran, school or church organization unless in the judgment of the License Committee such supervision is necessary. LICENSES AND PERMITS 12.08 (3) FEES. Upon approval of the License Committee, permits for each dance hall may be obtained from the Village Clerk. An annual fee of $25.00 shall be paid to the Treasurer and his receipt for such payment shall be exhibited to the Village Clerk before such permit is granted. (4) CLOSING HOURS. No public dance shall continue beyond the hour of 1:00 a.m. (5) ATTENDANCE AT DANCES RESTRICTED. No person 16 years of age or under shall be permitted to attend a public dance or enter a public dance hall unless accompanied by his parent or guardian. (6) CONDITION OF HALL. No permit for a public dance hall shall be issued until it shall be found that such hall complies with and conforms to all ordinances and health and fire regulations of the Village. Investigation shall be made by License Committee which shall endorse its findings on the application. 12.08 PENALTY. Any person who shall violate any provision of this Chapter or who shall fail to obtain a license or permit as required hereunder shall be subject to a penalty as provided in 25.04 of this Municipal Code.