LICENSES AND PERMITS
12.01 Intoxicating Liquor and Fermented Malt Beverages
12.02 Transient Merchants
12.025 Cattle Fair Regulations
12.03 Public Amusement
12.04 Non-intoxicating Beverages
12.06 Mobile Homes
12.07 Licensing and Regulation of Dogs
12.08 Junk Dealers
12.10 Sale of Food and Drink
12.11 Tree Trimmers
12.12 Identification and Control of Cats
12.13 Cost Recovery of All Direct Charges Incurred by the City
as a Result of the processing of any License or Permit Application
12.14 Withholding of a Municipal License Due to Nonpayment of Taxes,
Assessments or Other Fees Owed to the City
12.15 Temporary Closure of Public Right-of-Way
LICENSES AND PERMITS 12.01
12.01 INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES.
(2) LICENSES, PERMITS, AUTHORIZATION REQUIRED. (a) When Required. Except as provided by (SS)125.06, WI Stats., no person shall, within the City, serve, sell, manufacture, rectify, brew, or engage in any other activity for which this chapter of Ch. 125, WI Stats., requires a license, permit, or other authorization without holding the appropriate license, permit, or other authorization as provided in this chapter. See (SS)125.04(9), WI Stats.
(b) Separate License Required for Each Place of Sale. Except for licensed public warehouses, a license shall be required for each location or premises which in direct connection or communication to each other where intoxicating liquor or fermented malt beverages are stored, sold or offered for sale. See (SS)125.04(9), Wis. Stats.
(3) CLASSES OF LICENSES AND FEES. (Am. #4-96) The following classes and denominations of licenses may be issued by the City Clerk under the authority of the City Council, or as may be delegated by the City Council, after payment of the fee herein specified which, when so issued, shall permit the holder to sell, deal, or traffic in alcoholic beverages as provided in (SS)125.17, 125.25, 125.28, and 125.51, WI Stats. Except as otherwise provided in this section, the full license fee shall be charged for the whole or fraction of any year.
(a) Class A Fermented Malt Beverage Retailer's License. (Am. #15-83) $100/yr.
(b) Class B Fermented Malt Beverage Retailer's License. $100/yr.
1. Six Month. A license may be issued at any time for 6 mos. in any calendar year, for which 3/4 of the applicable license fee shall be paid; but such license shall not be renewable during the calendar year in which issued.
2. Picnic. $10/day. Picnic licenses may be granted to individuals by the City Administrator. (Am. #4-96)
(c) Wholesaler's Fermented Malt Beverage License. $25/yr. or fraction thereof.
(d) Retail Class A Liquor License. (Am. #15-83; #2-96) $250/yr.
(e) Retail Class B Liquor License. (Am. #10-84; #2-96) $250 per year. A retail Class B liquor license shall permit its holder to sell liquor in original packages or containers in multiples not to exceed 4 liters at any one time to be consumed off the licensed premises. Wine may be sold in original packages or otherwise in any quantity to be consumed off the licensed premises. If issued in conjunction with a Class B Fermented Malt Beverage License the fee is $350 per year.
1. A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions thereof remaining until the following June 30.
2. Licenses valid for 6 months may be issued at any time. The fee for the license shall be 50% of the annual license fee. The license may not be renewed during the calendar year in which issued.
(f) Class C Wine License. (Cr. MSC '92) A Class C license authorizes the retail sale of wine by the glass in opened original container for consumption on the premises where sold.
(g) Operator's License. (Am. #3-91; Ren. MSC '92; Am. #6-94)
$17 per year-new; $15 per year-renewal; $27 for 2 years-new; $22 for 2 years-renewal
LICENSES AND PERMITS 12.01(3)(g)1.
1. Operators Licenses may be granted to individuals by the Regulatory Committee for the purposes of complying with 125.17(1), 125.32(2) and 125.68(2), Wis. Stats. If the Regulatory Committee denies a license, an individual has the right to appeal to the full Council.
2. Operator's licenses may be issued only on written application on forms provided by the Clerk.
3. Operators Licenses shall be valid for one or two years and shall expire on June 30th of the year.
(h) Provisional Operator's License. (Cr. #3-91) $7 per year.
1. Provisional operator's licenses may be granted to individuals by the City Administrator for the purposes of complying with (SS)125.32(2) and 125.68(2), Wis. Stats.
2. Provisional operator's license may be issued only on written application on forms provided by the Clerk.
3. Provisional licenses may be issued by the City Administrator in accordance with (SS)125.04(5)(a) and (b) and 125.17(5), Wis. Stats.
4. Provisional licenses shall be valid for 60 days after its issuance or when a license under par. (g) is issued to the holder, whichever is sooner.
(i) Temporary Operators Licenses - $10.00 fee
1. Temporary Licenses may be granted to individuals by the City Administrator for the purposes of complying with 125.32(2) and 125.68(2), Wis. Stats.
2. Temporary Licenses may be issued only on written application forms provided by the clerk.
3. Temporary Licenses may be issued only to operators employed by, or donating their services to non profit corporations.
4. No person may hold more than one license of this kind per year.
5. Temporary Licenses are valid for any period from one day to fourteen days, and the period for which it is valid shall be stated on the license.
6. Temporary Licenses may be issued by the City Administrator in accordance with 125.17 (1)(2)(3)(4), Wis. Stats.
(4) LICENSE APPLICATION. (a) Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages or for operator's licenses shall be made in writing on forms prescribed by the State Department of Revenue or for operator's licenses and filed with the City Clerk. The premises shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall.
(b) Application to be Notarized. Applications shall be signed and sworn to by the applicant provided by (SS)887.01, WI Stats.
(c) List of Licensees. (Am. MSC '90) By July 15 of each year, the Clerk shall forward to the State Department of Revenue a list containing the name, address and trade name of each person holding a license issued under this section, except a picnic, manager's or operator's license.
(5) LICENSE RESTRICTIONS. (a) Statutory Requirements. (Am. MSC '90) Licenses shall be issued only to persons eligible therefor under (SS)125.04 WI Stats.
(b) Location. 1. No retail "Class "A" or "Class B" license shall be issued for premises the main entrance of which is less than 300' from the main entrance of any established public or parochial school, hospital, or church. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance to the premises covered by the license.
LICENSES AND PERMITS 12.01(5)(b)2.
2. This paragraph shall not apply to the premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300' thereof by any school, hospital or church building.
(c) Violators of Liquor or Beer Laws or Ordinances. No retail Class A or B license shall be issued to any person who has been convicted of a violation of any federal or State liquor or fermented malt beverage law or the provisions of this section during one year prior to such application. A conviction of a member of a partnership or the partnership itself shall make the partnership or any member thereof ineligible for such license for one year.
(d) Health and Sanitation Requirements. No retail Class B license shall be issued for any premises which does not conform to the sanitary, safety, and health requirements of the State Department of Industry, Labor, and Human Relations pertaining to buildings and plumbing, to the rules and regulations of the State Department of Health and Social Services applicable to restaurants and to all such ordinances and regulations adopted by the City.
(e) License Quota. 1. "Class A" License. (Cr. #15-90) The City of Jefferson shall not issue more than three (3) "Class A" intoxicating liquor licenses until such time as the population reaches 8,000 and thereafter each additional two thousand (2,000) population increase will allow for the availability of an additional license.
2. Class B License. The number of persons and places that may be granted a retail Class B liquor license under this section is limited as provided in (SS)125.51(4), Wis. Stats. The number of Class A retail fermented malt beverage licenses which may be issued in the City shall not be more than 8. The number of Class B retail fermented malt beverage licenses which may be issued in the City shall not be more than 7.
(f) Corporations. (Am. MSC '88) No corporation organized under the laws of this State, any other state or foreign country may be issued any alcohol beverage license or permit unless such corporation meets the requirements of (SS) 125.04(6), WI Stats.
(g) Age Requirement. (Am. MSC '90) No license hereunder, except an operator's license, shall be granted to any person who has not attained the legal drinking age. Operator's licenses may be issued to applicants who have attained the age of 18.
(h) Effect of Revocation of License. Whenever any license has been revoked, at least 6 months from the time of such revocation shall elapse before another license shall be granted for the same premises and 12 months shall elapse before another license shall be granted to the person whose license was revoked.
(i) Revocation of License Due to Non-use. (Rep. & Recr. #11-87) If any license granted under this section is not used within 90 days after its granting or its usage is discontinued for a period of 90 days or more, such non-use shall be grounds for cancellation of the license in accordance with the provisions of this section. Prior to the cancellation of any license, the City shall notify the licensee in writing of the City's intention to cancel the license for non-use and provide the licensee with an opportunity for a hearing. Such hearing shall be conducted in accordance with (SS)125.12(2)(b), WI Stats., or any amendments thereto. Judicial review shall be as provided in (SS)125.12(2)(d), Wis. Stats., or any amendments thereto.
(j) Delinquent Taxes, Assessments and Claims. No license shall be granted for any premises for which taxes, assessments or other claims of the City are delinquent and unpaid, or to any person delinquent in payment of such claims to the City.
(k) Issuance for Sales in Dwellings Prohibited. No license shall be issued to any person for the purpose of possessing, selling, or offering for sale any alcohol beverages in any dwelling house, flat or residential apartment.
LICENSES AND PERMITS 12.01(5)(l)
(l) Sale of Beer Prohibited. No class A fermented malt beverage license shall be issued upon premises where the sale of gasoline is conducted or carried on.
(6) FORM AND EXPIRATION OF LICENSES. All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid and the name of the licensee and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided by law. The City Administrator shall affix his or her affidavit as required by (SS) 125.04(4), WI Stats.
(7) TRANSFER OF LICENSES. (a) As to Person. No license shall be transferable as to licensee except as provided by (SS) 125.04(2), WI Stats.
(b) As to Place. Licenses issued pursuant to this section may be transferred as provided in (SS) 125.04(12), WI Stats. Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for the transfer shall be had in the same manner and form as the original application.
(8) POSTING AND CARE OF LICENSES. Every license or permit required under this section shall be framed and posted and at all times displayed as provided in (SS)125.04(10), WI Stats. No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application or knowingly deface or destroy such license.
(9) REGULATION OF LICENSED PREMISES AND LICENSEES. (a) Gambling and Disorderly Conduct Prohibited. (Am. MSC '91) Each licenses and permitted premises shall at all times be conducted in an orderly manner and no disorderly, riotous or indecent conduct or gambling shall be allowed at any time on any such premises.
(b) Employment of Underage Persons. (Am. MSC '88) No licensee shall employ any underage person who does not have a valid operator's license to serve, sell, dispense or give away any alcohol beverage.
(c) Sales by Clubs. No club shall sell intoxicating liquors or fermented malt beverages, except to members and guests invited by members.
(d) Safety and Sanitation Requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.
(e) Nude and Nearly Nude Dance Prohibited. (Cr. #18-91) 1. It shall be unlawful for any person to appear or perform nude or nearly nude when that person appears on the premises of an establishment licensed to sell alcohol beverages for consumption on the premises in such a manner or utilizing such attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof or when any female appears on such an establishment's premises in such a manner of attire as to expose to view that portion of the breast below the top of the areola, nipple, or simulation thereof.
2. The proprietor or owner of a licensed establishment who permits the nude or nearly nude activity prescribed by sub-par.(1) on his premises shall be subject to proceedings to suspend or revoke all alcohol beverage licenses held for the establishment. Each performance in violation of sub-par. 1. shall be a separate offense.
3. Any person who knowingly permits a nude or nearly nude performance or who performs nude or nearly nude in violation of sub-par. (1) shall be subject to a forfeiture as stated in 25.04 of the Municipal Code.
(10) CLOSING HOURS. No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages.
(a) If a wholesale license, between 5 p.m. and 8 a.m., except on Saturday when the closing hour shall be 9 p.m.
LICENSES AND PERMITS 12.01(10)(b)
(b) If a retail "Class A" license, between midnight and 8 a.m.
(c) If a retail "Class A" license, between 9 p.m. and 8 a.m.
(d) If a retail Class B license, between 2 a.m. and 6 a.m. on weekdays and between 2:30 a.m. and 6 a.m. on Saturdays and Sundays. On January 1, premises operating under a Class B license are not required to close. No package, container, or bottle sales may be made after midnight.
(e) Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, bowling alleys and golf courses may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours. (Am. MSC '91)
(11) REVOCATION AND SUSPENSION OF LICENSES. (a) Procedure. Whenever the holder of any license under this section violates any portion of this section, proceedings for the revocation or suspension of such license may be instituted in the manner and under the procedure established by (SS)125.12, WI Stats., and the provisions therein relating to granting a new license shall likewise be applicable.
(b) Effect of Revocation. See par. (5) (h) of this section.
(12) NON-RENEWAL OF LICENSE. Before renewal of any license issued under this section is refused, the licensee shall be given written notice of any charges or violations or the reasons proposed for non-renewal and a copy of any proposed motion for non-renewal and shall have an opportunity to be heard before the City Council.
(13) VIOLATIONS BY AGENTS AND EMPLOYEES. A violation of this section by an authorized agent or employee of a licensee shall constitute a violation by the licensee.
12.02 TRANSIENT MERCHANTS. (REP. & RECR. #6-91) (1) REGISTRATION REQUIRED. It shall be unlawful for any transient merchant to engage in sale within the City without being registered for that purpose as provided herein.
(2) DEFINITIONS. In this section:
Charitable Organization. Includes any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation or one purporting to be such.
Clerk. The City Administrator.
Merchandise. Includes personal property of any kind and shall include merchandise, goods or materials provided incidental to services offered or sold. The sale of merchandise includes donations required by the seller for the retention of goods by a donor or prospective customer.
Permanent Merchant. Any person who for at least 6 months prior to the consideration of the application of this section to the merchant:
1. Has continuously operated an established place of business in the local trade area among the communities bordering the place of sale; or
2. Has continuously resided in the local trade area among the communities bordering the place of sale and now does business from his residence.
Transient Merchant. Any individual who engages in the retail sale of merchandise at any place in this State temporarily and who does not intend to become and does not become a permanent merchant of such place. For purposes of this section, sale of merchandise includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes the greatest part of value for the price received, but does not include a farm auction sale conducted by or for a resident farmer of personal property used on the farm or the sale of produce or other perishable products at retail or wholesale by a resident of this State.
(3) EXEMPTIONS. The following shall be exempt from all provisions of this section:
LICENSES AND PERMITS 12.02(3)(a)
(a) Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.
(b) Any person selling merchandise at wholesale to dealers in such merchandise.
(c) Any person selling agricultural products which the person has grown.
(d) Any permanent merchant or employee thereof who takes orders at the home of the buyer for merchandise regularly offered for sale by such merchant within this county and who delivers such merchandise in their regular course of business.
(e) Any person who has an established place of business where the merchandise being sold is offered for sale on a regular basis and in which the buyer has initiated contact with and specifically requested a home visit by the person.
(f) Any person who has had or one who represents a company which has had a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer.
(g) Any person selling or offering for sale a service unconnected with
the sale or offering for sale of merchandise.
(h) Any person holding a sale required by statue or by order of any court and any person conducting a bona fide auction sale pursuant to law.
(i) Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of the organization, provided that there is submitted to the clerk proof that such charitable organization is registered under (SS)440.41, Wis. Stats. Any charitable organization engaging in the sale of merchandise and not registered under (SS)440.41, Wis. Stats., or which is exempt from that statute's registration requirements shall be required to register under this section.
(j) Any person who claims to be a permanent merchant, but against whom complaint has been made to the Clerk that such person is a transient merchant, provided that there is submitted to the Clerk proof that such person has leased for at least one year or purchased the premises from which he has conducted business in the market area for at least 6 months prior to the date the complaint was made.
(k) Any individual licensed by an examining board as defined in (SS)15.01(7), Wis. Stats.
(4) REGISTRATION. (a) Applicant for registration must complete and return to the Clerk a registration form furnished by the Clerk which shall require the following information:
1. Name, permanent address and telephone number and temporary address, if any.
2. Age, height, weight, color of hair and eyes.
3. Name, address and telephone number of the person, firm, association or corporation that the transient merchant represents, is employed by or whose merchandise is being sold.
4. Temporary address and telephone number from which business will be conducted, if any.
5. Nature of business to be conducted and a brief description of the merchandise and any services offered.
6. Proposed methods of delivery of merchandise, if applicable.
7. Make, model and license number of any vehicle to be used by applicant in the conduct of his business.
8. Most recent cities, villages, towns, not to exceed 3, where applicant conducted his business.
9. Place where applicant can be contacted for at least 7 days after leaving the City.
LICENSES AND PERMITS 12.02(4)(a)10.
10. Statement as to whether applicant has been convicted of any crime or ordinance violation related to applicant's transient merchant business within the last 5 years and the nature of the offense and the place of conviction.
(b) Applicants shall present to the Clerk 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, dated not more than 90 days prior to the date the application for license is made.
(c) At the time the registration is returned a fee of $10 shall be paid to the Clerk to cover the cost of processing the registration. 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 direct sales activities of the applicant in the event the applicant cannot after reasonable effort be served personally.
Upon payment of the fee and the signing of the statement, the Clerk shall register the applicant as a transient merchant and date the entry. The registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in par. (5)(b) below.
(5) INVESTIGATION. (a) Upon receipt of each application, the Clerk may refer it immediately to the Chief of Police who may make an complete an investigation of the statements made in such registration.
(b) The Clerk shall refuse to register the applicant if it is determined, pursuant to the investigation above, that the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received against the applicant by authorities in the most recent cities, villages and towns, not exceeding 3, in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation or ordinance violation within the last 5 years, the nature of which is directly related to the applicant's fitness to engage in direct selling; or the applicant failed to comply with any applicable provision of par. (4)(b) above.
(6) APPEAL. Any person refused or denied registration may appeal the denial through the appeal procedure proved by ordinance or resolution of the City Council or, if none has been adopted, under the provisions of (SS) 68.07 through 68.15, Wis. Stats.
(7) REGULATION OF TRANSIENT MERCHANTS. (a) Prohibited Practices. 1. A transient merchant shall be prohibited from calling at any dwelling or other place between the hours of 9 p.m. and 9 a.m., except by appointment; calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No Solicitors" or words of similar meaning; calling at the rear door of any dwelling place; or remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.
2. A transient merchant shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or characteristics of any merchandise offered for sale, the purpose of his visit, his identity or the identity of the organization he represents. A charitable organization transient merchant shall specifically disclose what portion of the sale price of the merchandise being offered will actually be used for the charitable purpose for which the organization is soliciting. Such portion shall be expressed as a percentage of the sale price of the merchandise.
LICENSES AND PERMITS 12.02(7)(a)3.
3. No transient merchant shall impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.
4. No transient merchant shall make any loud noises or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard outside a 100' radius or the source.
5. No transient merchant shall allow rubbish or litter to accumulate in or around the area in which he is conducting business.
(b) Disclosure Requirements. 1. After the initial greeting and before any other statement is made to a prospective customer, a transient merchant shall expressly disclose his name, the name of the company or organization he is affiliated with, if any, and the identity of merchandise or services he offers to sell.
2. If any sale of merchandise is made by a transient merchant or any offer for the later delivery of merchandise is taken by the seller, the buyer shall have the right to cancel the transaction if it involves the extension of credit or is a cash transaction of more than $25, in accordance with the procedures as set forth in (SS)423.203, Wis. Stats., the seller shall give the buyer 2 copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of (SS)423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.
3. If the transient merchant takes a sales order for the later delivery of merchandise, 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 is made; the name, address and telephone number of the seller; the delivery or performance date; and whether a guarantee or warranty is provided and , if so, the terms thereof.
(8) RECORDS. The Chief of Police shall report to the Clerk all convictions for violation on the record of the registrant convicted.
(9) REVOCATION OF REGISTRATION. (a) Registration may be revoked by the City Council after notice and hearing, if the registrant made any material omission or materially inaccurate statements in the application for registration made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in transient sales; violated any provision of this section; or was convicted of any crime or ordinance or statutory violation which is directly related to the registrant's fitness to engage in selling.
(b) Written notice of the hearing shall be served personally or pursuant to par. (4)(c) above on the registrant at least 72 hours prior to the time set for the hearing. Such notice shall contain the time and place of hearing and a statement of the acts upon which the hearing will be based.
12.025 CATTLE FAIR REGULATIONS. (Am. #4-93) (1) Vendors participating in the Cattle Fair shall be limited to the following: South Gardener Street from West Linden Avenue to West Milwaukee Street, two city parking lots located on the east side of South Gardener Street between West Dodge Street and West Linden Drive and two parking lots on the west side of South Gardener Street with one being between West Milwaukee Street and West Dodge Street and the other between West Dodge Street and West Linden Avenue. All vendors are limited to setting up in the painted parking stalls in above identified areas.
(2) No vendor participating in the Cattle Fair shall be permitted to set up any earlier than 5 a.m. on the day of the fair. (Am. #18-86)
LICENSES AND PERMITS 12.02(4)
(4) Traditional farm livestock may be sold or traded at the Cattle Fair, subject to all applicable State laws and regulations. Domestic pets, such as cats and dogs, shall not be sold, traded, or given away at the Cattle Fair. Any animal sold or traded at the Cattle Fair shall be, if confined, conveyed in a container which provides adequate support, light and air for such animal. (Cr. #18-86)
(5) The license fee for usage restricted to Cattle Fair days held in the City on the third Tuesday of each month shall be $10 per stall.
(6) The sale of firearms and guns at the Cattle Fair is prohibited. (Cr. #12-89)
12.03 PUBLIC AMUSEMENTS. (1) LICENSE REGULATED. No person shall conduct any public amusement for profit without a license obtained hereunder.
(2) EXEMPTIONS. This section shall not apply to any public amusement conducted or offered for civic, educational, religious or charitable purposes.
(3) ANNUAL LICENSE. The owner or manager of any exhibition hall, auditorium or theater may obtain an annual license for a fee of $10 which shall expire on May 1. Any public amusement conducted therein is exempt from the license fees imposed under sub. (4).
(4) LICENSE FEES FOR INDIVIDUAL AMUSEMENTS. (Am. #24-80) The following license fees shall be imposed for individual public amusements:
(a) Circuses, Menageries, Pony or Dog Shows. $50 per day.
(b) Concerts, Vaudeville Shows, Minstrel Shows, Theatrical or Musical Amusements. $20 per day.
(c) Merry-Go-Rounds and Other Public Amusements. $10 per day or $20 per week.
(5) APPLICATION. Application for a license hereunder shall be made to the City Clerk upon a form prescribed by the City.
(6) TRANSFER PERMITTED. No license issued under this section is transferable without consent of the City Council.
(7) REVOCATION OF LICENSE. The Mayor may summarily revoke any license issued hereunder for a violation of this section or any other ordinance of the City or State law, subject to appeal to the City Council. The licensee may appeal by serving notice of appeal upon the City Clerk. The City Council shall within 5 days thereafter hold a public hearing on such revocation.
12.04 NON-INTOXICATING BEVERAGES. (Cr. #13-91) (1) RESTRICTION. No person shall sell for consumption on or off the premises beverages containing 1/2% or less of alcohol by volume without a license obtained hereunder.
(2) EXEMPTIONS. The license requirement of this section shall not apply to holders of Class A or class B licenses under Section 12.01, nor shall it be construed to regulate sale of soda beverages.
(3) CONDITIONS. No such license shall be granted to a person intending to sell the beverages through a vending machine. Sale of the beverage through a vending machine shall be prohibited and the sale shall constitute cause for revocation, suspension or non-renewal of the license held under this section or Section 12.01.
(4) ANNUAL LICENSE. The owner or operator of a business which is not exempt under (23) may obtain an annual license for a fee of $5, which shall expire June 30.
(5) INCORPORATION OF STATE LAW. Section 66.053, Wis. Stats., is incorporated herein, except where inconsistent herewith.
LICENSES AND PERMITS 12.04(6)-cont.
committees notice. Failure to request a hearing before the Committee shall constitute a waiver of the right to hearing and the Council may proceed to act on the Committee's recommendation. Revocation or non-renewal shall not subject the holder to the penalties provided herein for sale without a license until final Council action on the recommendation if such sale is otherwise in accordance with this section.
(7) PENALTIES. Any person violating any provision of this section shall, upon conviction thereof, be subject to a penalty as provided in Section 25.04.
12.05 TAXICABS. (Rep. & Recr. #18-89) (1) LICENSE REQUIRED. (Am. #19-90) No person shall operate any taxicab company or vehicle carrying passengers for hire within the City without first securing a taxicab license from the City.
(2) EXEMPTIONS. This section shall not apply to hearses, ambulances, school buses or any other vehicle which is licensed by the Public Service Commission.
(3) APPLICATION, FEE, INSURANCE AND INVESTIGATION. (Am. #19-90) (a) Applicants for such taxicab company license shall file with the City an application, giving the name of such applicant, the number of vehicles to be used or operated and shall pay to the City Treasurer an annual license fee of $25.
(b) Such application shall be accompanied by an insurance policy to cover all damages that may be recovered against the owner or operator by reason of the negligent use and operation of each such licensed vehicle, which policy shall be written by an insurance company licensed to do business within the State and shall provide limits of at least $100,000 for any one person or $500,000 for any one accident, together with $25,000 property damage coverage.
(c) Each individual employed by the licensed taxicab company to drive a taxicab shall be referred to the Chief of Police for investigation. No individual shall operate a taxicab without approval of the Chief of Police. (Am. #19-90)
12.06 MOBILE HOMES. (Rep. & Recr. #13-69) (1) STATE LAW ADOPTED. Section 66.058, Wis. Stats., is adopted by reference and made a part of this section.
(2) DEFINITIONS. The definitions contained in (SS)66.058 (1), Wis. Stats., are made a part of this section.
(3) MONTHLY PARKING FEE. There is hereby imposed on each occupied, nonexempt mobile home located in the City a monthly parking fee as determined in accordance with (SS)66.058, Wis. Stats., to be paid to the City Treasurer on or before the 10th of the month following for which such fee is due.
(4) MOBILE HOME PARK LICENSE. (Am. #14-83) No person shall establish or operate upon property owned or controlled by him within the City a mobile home park without having first secured a mobile home park license from the City Administrator. The application for such license shall be accompanied by a fee of $100 for each 50 spaces or fraction thereof in the existing or proposed park. The license shall expire one year from the date of issuance. Such parks shall comply with Ch. SS 177, Wis. Adm. Code., which is hereby adopted by reference.
(5) DUTY TO INFORM AS TO ADDITIONS. 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 (SS)66.058(3)(c) and (e), Wis. Stats.
(6) MOBILE HOMES OUTSIDE PARKS. Occupants or owners of nonexempt mobile homes parked outside of a mobile home park shall remit such fees directly to the City Treasurer. 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 City Treasurer.
CASH DEPOSIT REQUIRED. Owners of nonexempt, occupied mobile homes, upon receipt of notice from the City Clerk of their liability for the monthly parking permit fee, shall remit to the City Clerk a cash
LICENSES AND PERMITS 12.06(7)-cont.
deposit of $25 to guarantee payment of such fees when due to the City Treasurer. It shall be the full and
complete responsibility of the licensee of mobile home par to collect such cash deposits from each occupied, nonexempt mobile home therein and remit from the owner or licensee that the nonexempt occupied mobile home has been or is about to be removed from the City, the City Administrator-Clerk-Treasurer shall apply the cash deposit to reduce any monthly parking permit fees for which the owner is liable and refund the balance, if any, to the owner.
(8) SANITARY SURVEY. (Cr. #13-80) The City Engineer shall, at least once in the calendar year, make a sanitary survey of each mobile home park licensed by the City. The survey shall ensure compliance with
Ch. HSS 177, Wis. Adm. Code. The City Engineer shall prepare a survey report on forms provided by the Department of Health and Social Services and shall file a copy with the City Administrator and Department of Health and Social Services within 30 days of the survey.
(9) FILING OF INFORMATION. (Cr. #13-80) The City Administrator shall file with the Department of Health and Social Services:
(a) In April of each year, a list of mobile home parks in the City.
(b) The name and address of the City Engineer.
(c) Copies of ordinances and regulations applicable to mobile home parks. (d) Any change in ordinances and regulations applicable to mobile home parks and any change in the name or address of the inspecting official.
12.07 LICENSING AND REGULATION OF DOGS. (1) LICENSE REQUIRED. (Rep. & Recr. #2-70) Every person residing in the City who owns a dog which is more than 5 mos. of age on January 1 of any year shall annually at the time and in the manner prescribed by law for the payment of personal property taxes, obtain a license therefor. No license shall be issued for any dog over the age of 5 mos. unless the applicant for such license presents proof that the dog has been inoculated for rabies within a year prior to application, or has been inoculated with a rabies vaccine effective for a longer period.
(2) FEES. (Am. #20-91) The license fee for each neutered male dog and spayed female dog shall be $4/yr. The license fee for all other dogs shall be $9/yr., or 1/2 of these amounts if the dog became 5 mos. of age after July 1 of the license year. The license fee for any dog licensed after April 1, or after 30 days of acquiring ownership of a licensable dog, or if the owner fails to obtain a license before the dog reaches licensable age shall be increased by $5.
(3) ISSUANCE OF LICENSE. (Rep. & Recr. #2-70, Am. #1-80) Upon payment to the City Treasurer of the above fee, and upon presentation of proof of rabies inoculation, the Treasurer shall issue a license to keep such dog for one year. The owner of every dog shall display the license required by sub. (1) on the collar or in some other manner on such animal.
(4) STATE REGULATIONS. Ch. 174, WI Stats., Pertaining to licensing of dogs, is make a part of this section by reference.
(5) UNLICENSED DOGS. No unlicensed dog shall run at large, and any person may seize or impound any unlicensed dog found at large, The fact that a dog is without a proper license tag attached to its collar shall be presumptive evidence that it is unlicensed. Any police officer may enter upon the premises of the owner or keeper of any unlicensed dog to seize it, and if after request therefor, the owner, keeper, or an immediate member of the owner's or keeper's family of suitable age and discretion shall refuse to deliver the unlicensed dog to the officer and the officer cannot with reasonable effort catch the unlicensed dog, he may kill it.
(6) PROHIBITED DOGS. No person shall own, harbor or keep any dog which:
(a) Habitually pursues any vehicle upon any public street, alley or highway.
(b) Assaults or attacks any person.
LICENSES AND PERMITS 12.07(6)(c)
(c) Runs at large within the City. A dog shall be deemed to be running at large when it is on any of the public streets, alleys, parks or other public grounds of the City, or any other premises in the City other than the premises of its owner, unless within the immediate presence and control of the owner, his servant, agent, or a member of his family of suitable age and discretion.
(d) Habitually barks or howls to the annoyance of any 2 or more persons.
(e) Is over the age of 5 months and has not been inoculated against rabies by a licensed veterinarian within the preceding year, or has not been inoculated against rabies with a vaccine effective for a longer period.
(7) IMPOUNDING. Any person may impound any such dog and any police officer may kill any dog which habitually pursues and vehicle upon any street, alley, or highway, or which assaults or attacks any person. Any dog impounded in the pound maintained by the Jefferson County Humane Society.
(8) DOGS INFECTED WITH RABIES. (a) Any police officer or the Health Officer may impound any dog which he believes, from appearance or conduct of such dog, to be infected rabies. Where it is impossible or dangerous to seize the dog, any police officer or health officer may kill the dog.
(b) Any person who suspects that any dog is infected with rabies shall report his suspicion to the police or health authorities, describing the dog and giving the name of the owner, if known. Any such dog shall, upon demand of the police or health Officer, be delivered to such office for delivery to the Jefferson County Humane Society. If upon examination the dog proves in fact to be infected with rabies, the dog may be killed by the Humane Society.
(c) No person shall knowingly harbor or keep any dog infected with rabies or any dog known to have been bitten by a dog known to have been infected with rabies, or shall fail to report to the police or health authorities the existence of a dog which he knows to be infected with rabies.
(9) QUARANTINE FOR RABIES. During the time this City or any part thereof shall be quarantined for rabies, all dogs within the district so quarantined shall be kept securely confined or tied or leashed or muzzled. Any dog not so kept is declared to be a public nuisance and shall be impounded by any police officer or other person. Upon the impounding of such dog, notice thereof shall be given, the possession of the dog may be obtained and such dog may be killed.
(10) DOGS BITING PERSONS. Every owner or keeper of a dog and every other person who knows that a dog has bitten any person shall immediately in writing report such fact to a police officer or the Health officer and the owner or keeper shall immediately confine the dog for at least 14 days thereafter and shall not release the dog except with the written approval of the Health officer. Such dog shall be surrendered to the police or to the Health officer upon demand.
(11) CLAIMING DOGS. (Cr. #7-78, Am. #1-80, Am. #1-94) (a) No person shall remove any dog impounded at the Humane Society without first having paid the City Administrator the sum of $25 and having a receipt of such fee. Each subsequent offense shall require the sum of $50 and require a receipt stating payment of said fee.
(b) No person shall remove any dog impounded at the Humane Society without identifying the animal and paying the fees assessed to the owner by the City.
12.08 JUNK DEALERS. (1) DEFINITIONS. A junk dealer is any person engaging in the business or collecting, peddling, dealing in, salvaging, stripping or storing waste paper, old metals, rags, dismantled motor vehicles, or other materials commonly known as junk.
(2) LICENSE REQUIRED. No junk dealer shall engage in business in the City without having first obtained a license to do so. Application for such license shall be made to the City Clerk on forms furnished by the City. The several licenses are as follows:
LICENSES AND PERMITS 12.08(2)(a)
(a) Location License. No junk dealer shall maintain any shop or yard without a license therefor. The application shall state the name of the applicant and a description of the premises to be occupied. Each non-contiguous shop or yard shall require a separate license. Upon approval of the application by the Council and payment of the license fee, the license shall be issued, signed by the City Clerk.
(b) Vehicle License. Each wagon, truck or trailer used in the junk business in the city shall be licensed. The application shall state the name of the owner and the type of vehicle, and a description thereof, including motor and serial numbers, if any, and the number of the license issued to such vehicle by
the State Department of Transportation. Upon payment of the license fee, the license shall be issued, signed by the City Clerk, together with additional evidence of the issuance of such license for identification upon request by properly constituted City authorities.
(3) TERMS (a) License fees shall be as follows. (Am. #24-80)
1. For each location license - $35.
2. For each wagon used in the business (except those used exclusively within the confines of the junk yard) - $5.
3. For each motor vehicle, trailer, or device used as a trailer $15.
(b) All licenses granted hereunder are annual licenses, subject to the express provisions that all licenses shall expire at midnight on December 31 next succeeding their issuance. The fee for any license is the annual fee. No fee shall be pro-rated for the remaining portion of the license year. No fee shall be rebated or refunded upon suspension, revocation, abatement or termination of any license for any cause.
(4) LICENSE TRANSFERS. (a) Location Licenses. No location license shall be transferable.
(b) Vehicle Licenses. If any dealer during the license year substitutes a vehicle of like kind and nature for one previously licensed that year, he may, upon application under sub. (2) and payment of a $1 transfer fee, together with the surrender of the license and any indicia thereof for the vehicle originally licensed, receive a license for the substitute vehicle.
(5) LICENSE CONDITIONS. All licenses granted hereunder shall be subject to the following conditions, and all other conditions of this section, and subject to all other ordinances and regulations of the City applicable thereto:
(a) Every license thereby consents to the entry of any duly authorized municipal representative at any time for the purpose of inspection and search, and consents to the removal from the premises of any or all things and articles there had in violation of City ordinance or State Laws, and also consents to the introduction of such things and articles into evidence in any prosecution that may be brought for such offenses.
(b) Such premises and all structures thereon shall be so situated and constructed that the business may be carried on in a sanitary manner, shall contain no fire hazards, and shall be so arranged that thorough inspection may be made at any time by the proper health, fire, building and police authorities. All necessary steps shall be taken to prevent and eliminate rodents and vermin.
(c) No junk dealer shall purchase from any minor under 18 years of age any junk or metals without written consent of the parent or guardian of such minor.
(d) No licensee shall remove or extend his place of business from the place designated in the license to another location within the City unless proper application has been make to and permission obtained from the Council.
(e) No licensee shall carry on the business at or from any place other than the one designated in the license thereof.
LICENSES AND PERMITS 12.08(5)(f)
(f) No junk dealer shall carry on the business after such license has been revoked, expired, or suspended.
(g) Every premises or enclosure, except a completely enclosed building, used in conduct of such business abutting or facing a residential district shall be enclosed by a tight fence or wall of uniform material and construction, not less than 6 feet nor more than 8 feet in height, which fence or wall shall be maintained at all times in good condition by the licensee.
(6) REVOCATION OR SUSPENSION. Upon complaint being made in writing by any resident of the City to the City Clerk that any licensee has violated any provision of this section, the Council shall summon such licensee to appear before it at the time specified in the summons, which shall be not less than 3 days after the date of the service thereof, to show cause why his license should not be revoked. The Council shall proceed to hear the matter and if it finds the allegations to be true, may revoke or suspend such license.
12.09 BICYCLES. (1) LICENSE REQUIRED. No person shall operate a bicycle upon any street within the City unless such bicycle has been properly registered and tagged as provided in this section. A bicycle is a vehicle, as such, subject to regulation in its operation as other types of vehicles where applicable.
(2) FILING DESCRIPTION OF BICYCLE. Every owner or operator of any bicycle within the City shall file with the Chief of Police a complete description of such bicycle upon a blank form to be provided by the City for such purpose. The filing of such description shall constitute a registration of such bicycle. The list of registrations shall be kept serially in the office of the Chief of Police as a public record.
(3) IDENTIFICATION TAG. Immediately upon the registration of a bicycle in his office, the Chief of Police shall affix to such bicycle an identification tag, serially numbered to correspond with the registration of such bicycle. Such tag shall thereafter remain affixed to such bicycle, unless removed for cause by the Police Department.
(4) INSPECTION OF BICYCLES. The Chief of Police shall inspect each bicycle presented to him for registration and he shall refuse to register any bicycle found by him to be in an unsafe condition or without proper equipment for safe operation, including an adequate warning device.
(5) RIDING ON SIDEWALKS PROHIBITED IN COMMERCIAL AND INDUSTRIAL DISTRICTS. (Am. #2-89) No person shall ride a bicycle, skateboard or scooter on sidewalks located within any commercial or industrial districts of the City.
(6) CANCELLATION AND REMOVAL OF LICENSE. (Ren. #7-76) The Chief of Police may cancel the registration of an remove the identification tag from any bicycle being operated upon any street in the City in an unsafe manner or in violation of any State law or local ordinance. Such cancellation and removal shall be in addition to other penalties provided hereunder.
(7) TRANSFER OF LICENSE. (Ren. #7-76) Upon transfer of title to any bicycle registered hereunder, the transferor shall notify the Police Department of such transfer within 10 days, providing the name and address of the transferee. The notice shall likewise be given where the bicycle is dismantled and taken out of operation.
(8) FEES. (Am. #6-78) (a) The fees for the various licenses required herein are as follows:
1. $1 for the registration and tagging, such fee to include the license for the operator.
2. $1 for a duplicate license in the event the original or replacement thereof is lost.
(b) Sections 346.77 through 346.804 and 347.489, WI Stats., are adopted by reference. (Am. MSC '90)
(9) BICYCLE SAFETY OFFICERS. (Cr. #5-78) Bicycle safety officers appointed by the Chief of Police are authorized to enforce bicycle safety regulations of this Municipal Code and the Wisconsin Statutes and such officers may:
(a) Issue citations for violations of such bicycle regulations.
(b) Advise the parents of minors who violate the safety regulations.
LICENSES AND PERMITS 12.09(9)( c)
(c) Require attendance at the bicycle safety course conducted by the bicycle safety officers in lieu of the forfeiture prescribed under (SS)346.82, WI Stats., or the cancellation of registration prescribed under sub. (6).
(10) HEADLIGHTS ON BICYCLES REQUIRED. (Cr. #5-89) No person shall ride a bicycle on any right-of-way in the City during the hours of darkness without a headlight. For purposes of this regulation, hours of darkness shall include the period of time from 1/2 hour after sunset to 1/2 hour before sunrise and all other times when there is not sufficient natural light to render clearly visible any person or vehicle upon a street at a distance of 500'.
12.10 SALE OF FOOD AND DRINK. (1) LICENSE REQUIRED. No person shall seller offer for sale any milk or milk products for human consumption to any hotel, restaurant, store, vendor or other retail outlet without a license as provided herein. No person shall vend from door to door any other edible or potable item without a license as required herein.
(2) APPLICATION. Each application for a license shall state the name and address of the person applying for a license and the location of each premises where any item regulated by this section is bottled, pasteurized or otherwise prepared for distribution. The license shall be issued by the City Clerk upon payment of an annual fee of $5 for each calendar year or portion thereof. Every license shall expire on December 31 of the year issued.
(3) DEFINITIONS. "Milk product" means and includes cream, homogenized milk, buttermilk, skim milk, milk beverages, skim milk beverages, milk or skim milk, which has been fortified by the addition of vitamins or minerals and any other produce made by the addition of any substance to milk or any of these named products and used for the same purposes, which may be designated by the Council as a milk product.
(4) ADULTERATED OR MISBRANDED PROHIBITED. No person shall sell, offer or expose for sale any milk or milk product which is adulterated or misbranded as those terms are defined in the Wisconsin Statutes.
(5) GRADE A MILK REQUIRED. No person shall sell, offer, or expose for sale any milk or milk product other than Grade A pasteurized milk and milk products as those terms are defined in Ch. Ag 80, Wis. Adm. Code, a certified copy of which is filed in the office of the City Clerk.
(6) ENFORCEMENT. The Board of Health through the Health Officer or other person designated shall enforce this section.
12.11 TREE TRIMMERS. (1) LICENSE. (a) No person shall engage in the business of tree trimming, falling or removal in the City without first obtaining a license to do so.
(b) Application for such license shall be on forms furnished by the City Clerk and shall be accompanied by an annual license fee of $5.
(c) The license shall have a term of one year from the date of issuance and shall not be transferable.
(2) LIABILITY INSURANCE. No such license shall be issued until the applicant has procured public liability insurance in a company authorized to do business in the State in the amounts of $50,000 for any one person injured or killed, a total sum of $100,000 for more than one person injured or killed and $25,000 for the injury or destruction of any property. Such policy shall be written in accordance with a standard from now in general use.
(3) PERMITS. No person shall trim, fall, or remove any tree in any boulevard, street, or public place in the City without first obtaining a permit from the City Forester.
(4) CLEANUP. Every person engaged in the business of tree trimming shall remove at his expense all branches, limbs and any other debris from any boulevard or public place in the City. All debris must be removed within one week after the work has been completed.
LICENSES AND PERMITS 12.11(5)
(5) REVOCATION. The Mayor may suspend any license for cause and the license may be revoked by majority vote of the Council after a hearing and on 3 days written notice to the licensee.
12.12 IDENTIFICATION AND CONTROL OF CATS. (Cr. #11-76) (1) IDENTIFICATION OF CATS REQUIRED. (Rep. & Recr. #1-80) (a) License Required. Every person residing in the City who owns a cat which is more than 5 months of age on January 1 of any year shall annually at the time an in the manner prescribed by law for the payment of personal property taxes obtain a license therefor. No license shall be issued for any cat over the age of 5 months unless the applicant for such license presents proof that the cat has been inoculated for rabies within the year prior to application or has been inoculated with a rabies vaccine effective for a longer period.
(b) Fees. (Am. #20-91) The license fee for each neutered male cat or spayed female cat shall be $4 per year. The license fee for all other cats shall be $9 per year. The license fee for each cat licensed after April 1 or each license year shall be increased by $5.
(c) License to be Displayed. The owner of every cat shall display the license required by par. 12.12(1)(a) on the collar or in some other manner on such animal.
(2) DISEASE CONTROL. All City residence who own or have in their possession any cat shall have such cat inoculated for rabies, distemper or other dangerous diseases.
(3) CATS RUNNING AT LARGE PROHIBITED. No person shall permit his cat to run at large within the City. A cat shall be deemed running at large when off the premises of its owner or keeper without being under adequate control of its owner or keeper.
(4) PARENTS' LIABILITY. The parent or guardian of any minor claiming ownership of any cat shall be deemed to be the owner of such animal and shall be charged for all penalties and pound fees imposed by this section.
(5) CLAIMING CATS. (Rep. & Recr. #1-80) (a) No person shall remove any cat impounded at the Humane Society without first having paid the City Administrator the sum of $25 and having a receipt for such fee.
(b) No person shall remove any cat impounded at the Humane Society without first having identified such animal and paid any fees assess to the owner by the City.
12.13 COST RECOVERY OF ALL DIRECT CHARGES INCURRED BY THE CITY AS A RESULT OF THE PROCESSING OF ANY LICENSE OR PERMIT APPLICATION. (Cr. #16-87) In addition to any other license or permit fee established in this chapter, applicants shall be responsible for the payment of all direct charges incurred by the City as a result of the processing of such license or permit application, payment of which shall be required prior to the issuance of the license or permit.
12.14 WITHHOLDING OF A MUNICIPAL LICENSE DUE TO NONPAYMENT OF TAXES, ASSESSMENTS OR OTHER FEES OWED TO THE CITY. (Cr. #11-87) No City license shall be granted to any licensee who is, or premises for which, taxes, assessments or other fees are owed to the City. When an initial license is withheld on such grounds, the City shall afford the applicant written notice of the amounts owed, a 15 day minimum period to settle all such delinquent accounts and an opportunity to present their rebuttal of the charges to the Regulatory Committee. If a renewal license is withheld on such grounds, the City shall notify the licensee in writing of the City's intention not to renew the license and provide the licensee with an opportunity for a hearing before the City Council. The notice shall state the reasons for the intended action.
LICENSES AND PERMITS 12.14-cont.
For non-renewal of alcohol beverage licenses, such hearing shall be conducted in accordance with (SS)125.12(2)(b), WI Stats., or any amendments thereto. Judicial review shall be as provided in (SS)125.12(2)(d), WI Stats., or any amendments thereto.
12.15. TEMPORARY CLOSURE OF PUBLIC RIGHT-OF-WAY. (Cr. #16-95) (1) The Common Council may temporarily close public right-of-way for celebrations or short term commercial use upon the following conditions:
(a) The applicant shall execute a lease for the prescribed right-of-way containing provisions holding the City harmless for accidents or injuries occurring as a result of use of the leased premises. The lease shall specify the party responsible for the leased premises who shall be individually liable to the City for any loss sustained.
(b) The applicant shall be responsible for all clean up after the event. Any costs incurred by the City will be billed to the responsible party.
(c) The applicant shall arrange for such traffic barriers as may be necessary to properly close the right-of-way.
(d) Such closure may include a portion of a sidewalk if at least four feet of the remaining sidewalk remains open to pedestrian traffic.
(e) The application shall be accompanied by written consent of the residents or commercial tenants of properties with frontage on the affected right-of-way and proof of comprehensive general liability insurance in a minimum amount of $500,000 for bodily injury or death and $100,000 for property damage.
(f) The Council shall specify in its approval any other conditions it deems advisable based on the nature and location of the event.
(2) Consumption of Alcoholic Beverages on Leased Premises.
(a) A person holding a Class B license for an adjacent premises may sell alcohol in designated areas according to the term of the lease as set forth above. During such time, Section 9.07 of the Municipal Code shall be inapplicable to the leased premises. Upon approval of the lease as set forth above, the applicant's license shall be deemed to be amended for the term of the lease to include the leased premises as part of the defined premises of the original license.
12.20 PENALTY. (Ren. #11-76) Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Section 25.04 of this Municipal Code.