CHAPTER 12 LICENSES AND PERMITS

Transcription

1 CHAPTER 12 LICENSES AND PERMITS General Provisions Intoxicating Liquor and Fermented Malt Beverages Repealing Ordinance # Repealing Ordinance # Cigarette Retailer License Amusement Device License Regulation and Licensing of Direct Sellers, Transient Merchants and Solicitors Live Public Nudity Repealing Ordinance # Repealing Ordinance # Secondhand Article Dealers, Jewelry Dealers and Pawnbrokers Taxicabs Taxicabs Driver's License Garbage Collectors for Hire Repealed - See Ord. # Mobile Homes and Mobile Home Parks Repealing Ordinance # Regulation and Licensing of Dogs and Cats Keeping of Vicious Dogs Regulated Regulations and Licensing of Bicycles Parade Regulations Penalty Municipal Motor Vehicle Registration Fee 10.04(5) Open Intoxicants 9/2017

2 12.01 GENERAL PROVISIONS. (1) APPLICATION (Rep. & Recr. Ord. #782). Every application for a license or permit required by this chapter shall be made upon a form furnished by the Clerk-Treasurer and verified. The appropriate license or permit fee, together with a publication fee, if any, shall be paid to the Clerk- Treasurer at the time of filing such application, except that the Class A and B license fee shall be paid not less than 15 days prior to the date the license is to be issued. No initial license or permit fee shall be refunded unless the granting of the license or permit is denied. (2) SPECIAL COUNCIL MEETINGS. The applicant for a license or permit may request, in writing, a special Council meeting for the purpose of granting a license or permit. In the event the Council elects to hold such special meeting, the applicant shall pay an additional fee of $50 prior to the meeting. (3) LICENSE ISSUANCE (Rep. &Recr. Ord. #826)'(Am. Ord. #871). Class A, "Class A"Class B, Class B, Class C and beverage operator s licenses shall be granted by the Council. Temporary Class B and temporary Class B licenses may be granted by the Clerk-Treasurer. Licenses, when granted1 shall be issued by the Clerk-Treasurer and shall state the date thereof, the day from which it shall be in force, the name and place of business of the person to whom it is issued, the particular purpose and the time period for which issued, and the amount of the license fee paid. The Clerk-Treasurer shall keep all such applications on file and keep a record of all licenses issued. In the event any license applied for is denied, the Clerk-Treasurer shall return the license fee to the applicant. (4) LICENSE TERMINATION. Except as otherwise specifically provided, every license or permit granted under this chapter shall terminate or expire on June 30 of each year. (5) NO PROBATING OF FEES. Except as otherwise specifically provided, no initial license or permit fee shall be prorated. (6) NO REFUND OF FEES. No license or permit fee shall be refunded if a license or permit is surrendered or revoked for cause. (7) TRANSFER OF LICENSES AND PERMITS PROHIBITED. No license or permit may be transferred from the licensee or permittee to another person unless otherwise provided in this chapter. (8) SUSPENSION AND REVOCATION OF LICENSES AND PERMITS. Except as otherwise specifically provided, any license or permit granted under this chapter may be suspended or revoked by the Council for cause after giving the licensee or permittee an opportunity to be heard, as provided by law

3 GENERAL PROVISION (9) (9) [Cr. Ord. #1328] Upon the transfer or sale of the licensed business, all past violations of the former license holder shall be disregarded when reviewing the suspension / revocation / renewal of the license unless the following apply: a. The new license applicant is related to the former licensee by blood, adoption or marriage. b. The new license applicant held a business interest in the previous licensed business, real estate or equipment. c. The former license retains an interest in the business or equipment used by the business. d. The new license applicant's acquisition of the business did not involve an arm's length transaction consisting of an open market sale in which the owner is willing but not obligated to sell and the buyer is willing, not obligated to buy. If any of the above applies, the new license applicant shall inherit the previous violations of the business and may be used for suspension, revocation or non-issuance or renewal of a license. 12-1a 8/2016

4 LICENSES AND PERMITS INTOXICATING LIOUOR AND FERMENTED MALT BEVERAGES. (Am. Ord #782). (1) STATE STATUTES ADOPTED. The provisions of Ch. 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except , (6), (1), (4), and , 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 INVESTIGATION. The Clerk-Treasurer shall notify the Health Officer, Chief of Police and Building Inspector of each new license and permit application and these officials shall review such application and inspect, or cause to be inspected, the 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 Council, in writing the information derived from such investigation. No license or permit provided for in this section shall be issued without the approval of a majority of the Council, and no license shall be renewed without a report from the Chief of Police. (3) LICENSE FEES. (Am. Ord. #871). The fees for issuance of fermented malt beverages and intoxicating liquor licenses shall be as follows: (a) Class "A" Fermented Malt Beverages License. (Am.Ord.#826, #1086) $100 per year, fee to be prorated on the basis of the months remaining in the license year. (b) Class "B" Fermented Malt Beverage License. $100 per year, fee to be prorated on the basis of the months remaining in the license year. (c) Temporary Class "B" (Picnic). (Am. Ord. #665; Rep. & Recr. Ord. #782; Rep. & Recr. Ord. #826; Am. Ord. #997) Wine License $10 per day unless issued in conjunction with a Temporary Class "B" (beer ) license, then no fee. Issued to organizations enumerated in Section (10) WI STAT. to sell or serve any wine. No more than two such licenses may be issued to the same organization during a 12- month period. 2. Temporary "Class B" Licenses (Wine). $1.00 per day. Issued to organizations enumerated in (10), Wis. Stats., to sell or serve wine containing not more than 6% alcohol by volume at a picnic, meeting or gathering. No fee if simultaneously issued with a temporary class "B" license for the same day and event. (cm) (Rep. Ord. #782) (d) Wholesalers Fermented Malt Beverage License. $25 per year. (e) "Class A" Intoxicating Liquor License. (Am. Ord. #657, #1086). $400 per year, fee to be prorated on the basis of the months remaining in the license year

5 LICENSES AND PERMITS (3) (f) "Class B" Intoxicating Liquor License. (Am. Ord. #657, #1086). $400 per year, fee to be prorated on the basis of the months remaining in the license; except the license fee to bona fide clubs and lodges situated and incorporated or chartered in the State of Wisconsin for at least 6 years shall be $50 per year, as provided in (3) (e), Wis. Stats. (frn) Class C Wine License. (Cr. Ord #891). $50 per year fee to be prorated on the basis of months remaining in the license year. (g) Pharmacist Permit. $10 per year. (h) Operator's License (Am. Ord #657; Am. Ord. #767; Am. Ord. #996) $25 per year. (hm) (Rep. Ord. #767) (i) Transfer of License to Another Premises. $10. (j) Temporary Beverage Operator's License (Cr. Ord. #657; Am. Ord. 767). $5 per occasion. This license is only issuable to members of nonprofit organizations and is valid for up to 14 days. (k) Provisional Beverage Operator's License (Cr. Ord. #781).$3 per issuance. (4) OPERATOR'S LICENSE (Am. Ord. #731; Rep. & Rear. Ord. #767; Rep. & Rear. Ord. #781). (a) (b) (c) (e) Filing Deadline. All applications for beverage operators' licenses shall be returned at least 10 business days before they may be acted upon by the Council. VTAE Training Course Required (Rep. & Rear. Ord. #826). All original applicants, after July 1, 1991, shall submit proof that they have successfully completed a responsible beverage server-training course offered by a vocational, technical and adult education district, which contained a curriculum conforming to guidelines specified by a VTAE Board. such a course must have been completed not more than 2 years prior to the date of application. Persons renewing a license previously issued by the City not more than 2 years from the date of application are exempt from this requirement. Provisional Operator's License (Rep. & Rear. Ord. #826). The Clerk- Treasurer may issue a provisional operator's license, upon approval of the Chief of Police, to persons who have applied for a regular operator's license and who have completed or are enrolled in a VTAE beverage server's training course. This license shall expire upon either the day following the Council meeting at which the original application is to be acted upon or the day following the Council meeting immediately following the completion date of the course in which the applicant is enrolled. Criminal Background Check (Cr. Ord. #989) All original applicants for a regular or provisional operator's license shall be required to submit a criminal background check, which shall be conducted by the Police Department

6 LICENSES AND PERMITS (5) (5) LICENSE QUOTAS. (a) Class "A" Fermented Malt Beverage Licenses (Am. Ord. #782; Am. Ord. #819; Repeal Ord. #1084). [The State s quota on alcohol licenses applies only to Class B liquor licenses.] (b) Class B Fermented Malt Beverage Licenses. (Am. Ord. #757; Am. Ord. #909). There shall be no more than one Class B fermented malt beverage license for each 1,300 inhabitants or major fraction thereof of the City, such population to be determined as set out in par. (a) above. Holders of such licenses prior to April 19, 1963, their successors, and assigns, shall be eligible to renew their license if otherwise entitled by law, notwithstanding this section. (5 Beer Licenses allowed for the City) (c) Class A Intoxicating Liquor Licenses. (Repeal Ord. #1084) [The State s quota on alcohol licenses applies only to Class B liquor licenses.] (d) Class B Intoxicating Liquor Licenses. The number of Class B intoxicating liquor licenses that may be granted shall be limited to the number lawfully issued and in force on August 27, 1939 which consisted of 18 licenses. The City has zero Reserve Licenses. (6) LICENSING CONDITIONS AND RESTRICTIONS. In addition to the conditions and restrictions imposed by State law on the granting of Class A and Class B fermented malt beverage licenses and intoxicating liquor licenses hereunder, the following conditions and restrictions shall apply: (a) (b) (c) (d) Location of Premises. No retail Class B liquor or fermented malt beverage license shall be granted for a premises located less than 300 feet from any established public or parochial school, hospital or church or any Residence District under the Zoning Code, excepting those taverns so located as of May 6, Consent to Inspection of Premises. It shall be a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any police officer of the City without any warrant, and the application for a license hereunder shall be deemed consent to this provision. Tax Delinquencies. No license shall be granted for operation on any premises upon which taxes or assessments are delinquent or other financial claims of the City are delinquent or unpaid. Violation by Agents or Employees. A violation of

7 12-4 8/07 LICENSES AND PERMITS (6) This section by a duly authorized agent or employee of a licensee shall constitute a violation of the licensee. (e) Single Business Use (Cr. Ord. #820, Eff ; Am. Ord. 1084). 1. Except for Class A license holders, no such license shall be granted for any premises where any other separate business operation shall be conducted in connection with said premises. This restriction shall not apply to restaurants or bowling alleys. Incidental sales of food or other items shall not be construed as a separate business operation. Sales of non-alcoholic containing beverages shall not be considered incidental if they account for more than 20% of gross profits. (f) Premises required. (Amend Ord. 1069; Am. Ord. #1084). 1. No license application shall be granted or renewed unless the applicant has premises in operation. In operation shall mean to be open (or intended to be open in the case of new applicants) to the public on days and at times normally associated with other like businesses, but not less than 1400 hours per licensing year. Except for Class A Licenses, no such license may be granted or issued unless there is access to the licensed premise directly from the street, sidewalk or parking area. 2. No such license may be granted or issued unless there is access to the licensed premises directly from the street, sidewalk or parking area. 3. (Repeal & Recr. Ord. #1084). Convenience stores shall be entitled to the issuance of Class A Beer licenses only. Convenience Food Store means a drive-in food store specializing in a wide variety of high volume grocery and beverage items and emphasizing fast service and includes sales of gas. (7) CONDITIONS OF OPERATION. In addition to the conditions of operation imposed by state law, all retail Class A and Class B fermented malt beverage licenses and intoxicating liquor licenses granted hereunder shall be subject to the following conditions and all other ordinances and regulations of the City applicable thereto: (a) Health Rules. No premises shall be operated under a license issued hereunder without compliance with the applicable 12-4a 9/03

8 LICENSES AND PERMITS (7) rules of the State Department of Health and Social Services and the rules and regulations of the Board of Health and the Health Officer. (b) (Rep. Ord. #1048) (c) (Rep. Ord. #731) (d) (e) (f) (g) Posting of Licenses. Licenses and permits granted under this section shall be posted and displayed, as provided in (10), Wis. Stats., and any licensee or permittee who fails to so post and display his license or permit shall be presumed to be operating without such license or permit. Club Patrons. No club shall sell intoxicating liquors except to members and guests invited by members. Orderly Conduct Required. Each licensed premises at all times shall be conducted in an orderly manner and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises. Gambling Prohibited. No gambling or game of chance shall be permitted in any form upon the licensed premises. (h) Wearing Apparel. (Ord. #999; Ord. #1116) SECTION 1. REASONS FOR ADOPTION. WHEREAS, the Common Council of the City of New London has explicit authority under sec (1), WI. Stats., to adopt regulations governing the sale of alcohol beverages which are in addition to those set forth in ch. 125, WI. Stats., and WHEREAS, the Common Council has authority under its general police powers set forth in sec (5), WI. Stats. to act for the good order of the municipality and for the health, safety and welfare of the public; and may carry out its powers by regulation and suppression; and WHEREAS, the Common Council recognizes it lacks of authority to regulate obscenity in light of sec (3), WI. Stats., and does not intend by adopting this ordinance to regulate obscenity, since nudity in and of itself is not obscene, it declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, nonobscene, erotic dancing in bars and taverns; and 12-4b 5/04

9 LICENSES AND PERMITS (7) WHEREAS, bars and taverns featuring live totally nude, non-obscene, erotic dancing have in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the community and to negatively affect the quality of life of the communities, and such secondary effects are detrimental to the communities, to the public health, safety and general welfare of citizens; and WHEREAS, the Common Council recognizes the U.S. Supreme Court has held that nude dancing is expressive conduct within the outer perimeters of the First Amendment to the United States Constitution and therefore entitled to some limited protection under the First Amendment, and the governing body further recognizes that freedom of speech is among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights; and WHEREAS, however, the governing body is aware, based on the experiences of other communities, that bars and taverns in which live, totally nude, non-obscene, erotic dancing occurs may and do generate secondary effects which the governing body believes are detrimental to the public health, safety and welfare of the citizens of the City of New London; and WHEREAS, among these secondary effects are: (a) the potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses, (b) the potential depreciation of property values in neighborhoods where bars and taverns featuring nude dancing exist, (c) health risks associated with the spread of sexually transmitted diseases, and (d) the potential for infiltration by organized crime for the purpose of unlawful conduct; and WHEREAS, the governing body desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the City of New London; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and WHEREAS, the governing body has determined that enactment of an ordinance prohibiting live, totally nude, non-obscene, erotic dancing in bars and taverns licensed to serve alcohol beverages promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such activity, NOW, THEREFORE, the Common Council of the City of New London do ordains as follows: 12-4c 5/04

10 LICENSES AND PERMITS (7) SECTION 2. NUDE DANCING IN LICENSED ESTABLISHMENTS PROHIBITED. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the license to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed establishment which: Shows his or her genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or Shows any portion of the female breast below a point immediately above the top of the areola; or Shows the covered male genitals in a discernibly turgid state. SECTION 3. EXEMPTIONS. The provisions of this ordinance do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where Jive dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of employee engaging in nude erotic dancing. SECTION 4. DEFINITIONS. For purposes of this ordinance, the term licensed establishment means any establishment licensed by the Common Council of the City of New London to sell alcohol beverages pursuant to ch. 125, WT. Stats. The term licensee means the holder of a retail Class A, Class B, Class B, Class A, or Class C license granted by the Common Council of the City of New London pursuant to Ch. 125, WI. Stats. SECTION 5. PENALTIES. Any person, partnership, or corporation who violates any of the provisions of this ordinance shall be subject to a forfeiture of not less than $ 5, and not more than $ 500 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this ordinance constitutes sufficient grounds for suspending, revoking or non-renewing an alcohol beverage license under sec , WI. Stats. 12-4d 5/04

11 LICENSES AND PERMITS (8) (8) FURNISHING ALCOHOL BEVERAGES TO UNDERAGE PERSONS RE-STRICTED (Am. Ord. #701; Rep. & Recr. Ord. #731). No alcohol beverage shall be sold dispensed, given away or furnished to any underage person unless accompanied by a parent, guardian or spouse who has attained the legal drinking age. (9) UNDERAGE PERSON; PRESENCE IN PLACES OF SALE (Cr. Ord. #731). (a) Restrictions. Pursuant to (3), Wis. Stats., an underage person not accompanied by his parent, guardian or spouse who has attained the legal drinking age may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued, for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises. (b) Exceptions. Paragraph (a) above shall not apply to: 1. An underage person who is a resident, employee, lodger or boarder on the licensed premises. 2. An underage person who enters a Class A premises for the purpose of purchasing edibles and soft drinks and immediately thereafter leaves such premises. 3. Hotels, drug stores, grocery stores, bowling alleys, athletic fields or stadiums owned by a county or municipality. 4. Licensed restaurants where the principal business is that of a restaurant. 5. A person who is at least 18 years of age and who is working under a contract with the licensee to provide entertainment for customers on the premises. 6. An underage person who enters on Class B or Class B" premises on dates specified by the licensee when no alcohol beverages will be consumed, sold or given away. The licensee shall notify the Police Department of such specified /04

12 LICENSES AND PERMITS (9) dates; unless all alcohol beverages are stored in a locked portion of the premises, the licensee or a licensed operator must be on the premises at all times. 7. In Class A establishments (e.g. Stop & Go) open after 9:00 P.M., no operator need be present after 9:00 P.M. (10) UNDERAGE PERSON; CONSUMPTION AND POSSESSION OF ALCOHOL BEVERAGES (Cr. Ord. #731). (a) Restrictions. Pursuant to l25.07(4)(b) and (bm), Wis. Stats., no underage person not accompanied by a parent, guardian or spouse who has attained the legal drinking age may knowingly possess or consume alcohol beverages. (b) (c) Exceptions. An underage person may possess alcohol beverages if employed by any of the following: 1. A brewer. 2. A fermented malt beverages wholesaler. 3. A permittee other than a Class B or Class B permittee. 4. A facility for the production of alcohol fuel. 5. A retail licensee or permittee under the conditions specified in (2) or (2), Wis. Stats., or for delivery of unopened containers to the home or vehicle of a customer. Selling or Serving Alcohol Beverages. Pursuant to (2) and (2), Wis. Stats., any underage person who is at least 18 years of age may sell or serve alcohol beverages on any Class A or Class B premises, provided that such underage person is under the immediate supervision of the licensee, agent or manager, or a licensed operator, who is on the premises at the time of such sale or service. (11) REVOCATION AND SUSPENSION OF LICENSES (Renum. Ord. #731). (a) Procedure. Except as hereinafter provided, the provisions of (2) and (3), Wis. Stats., shall be applicable to proceedings for revocation or suspension of licenses or permits granted under this section. Revocation or suspension proceedings may be initiated upon written complaint by the Mayor or the Chief of Police or by the Council upon its own motion. (b) Automatic Revocation. Any license or permit granted under this section shall stand revoked without further proceedings upon conviction of a licensee or permittee or his employee, agent or representative of a second offense under this section or Chs. 125 or 139, Wis. Stats., or any other State or Federal liquor or fermented malt beverage law, or any felony. 12 5a 12-86

13 LICENSES AND PERMITS (11) (c) (d) Repossession of License or Permit. Whenever any license or permit shall be revoked or suspended pursuant to this subsection, the Clerk- Treasurer shall notify the licensee or permittee and the Chief of Police of such revocation or suspension, and the Chief of Police or his designee shall take physical possession of the license or permit wherever it may be found and file it in the office of the Clerk- Treasurer. 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. (12) DEFINITIONS (Cr. Ord. #700; Renum. Ord. #731). As used in this section, the following definitions apply: (a) Legal Drinking Age (Rep. & Reer. Ord. #731). Twenty-one years of age, but includes those persons who have attained the age of 19 on or before August 31, (b) Underage Person. A person who has not attained the legal drinking age SODA WATER BEVERAGE LICENSE (Cr. Ord. #736); Repealing Ord. # NON-INTOXICATING BEVERAGE LICENSE (Cr. Ord. #743); Repealing Ord. # CIGARETTE RETAILER LICENSE. (Am. Ord #995) No person shall sell cigarettes in the City without first obtaining a license from the Clerk Treasurer. The provisions of of the Wisconsin Statutes are hereby adopted and made a part of this section by reference. License fee shall be $25 per year. 12-5b 6/2013

14 LICENSES AND PERMITS AMUSEMENT DEVICE LICENSE. (1) DEFINITIONS. The following terms, as used in this section, shall be construed as follows: (a) Amusement Device. Any machine operated by coin or token, commonly referred to as pinball machine, marble machine, shooting gallery, etc., and music machine or juke box, shuffle board, Keeno and any and all other devices when set up and operated in any established place of business for profit, the operation of which involves a skill feature. Food and beverage vending machines are excluded from this definition. (b) Gambling Device. Any instrument, device or thing used for gambling or playing any game of chance for money or any other thing of value. (c) Slot Machine. Any instrument or device which is operated by the insertion of any coin or token and which may entitle the operator to any money, token, merchandise or other thing of value as a prize or award. (2) GAMBLING DEVICES PROHIBITED. No person shall set up for operation, operate, lease or distribute for the purpose of operation, any gambling device or slot machine. (3) LICENSE REQUIRED. It shall be unlawful for any person to own or provide any amusement device or for any person to maintain or permit the maintenance of any such amusement device on premises owned or under control of any such person without first obtaining a license for each such device from the Clerk-Treasurer. The applicant shall provide any information required to identify the device licensed. (4) LICENSE FEE. (Am Ord. #1160) The license fee shall be $25 per device, per year, and the license shall be valid until the next succeeding July 1. (5) POSTING OF LICENSE. The license, when issued, shall be posted in a conspicuous place on or near the device so licensed. (6) PROHIBITED PRACTICES AND RESTRICTIONS. No person shall use any device licensed under this section as a gambling device, and no licensee shall permit any person to use any machine licensed hereunder for gambling purposes, nor shall the possessor of any such device permit any intoxicated person under 18 years of age to engage in and play such a device REGULATION AND LICENSING OF DIRECT SELLERS, TRANSIENT /2013

15 LICENSES AND PERMITS (1) MERCHANTS AND SOLICITORS. (1) DIRECT SALES AND SOLICITATIONS; REGISTRATION REQUIRED. It shall be unlawful for any direct seller, transient merchant or solicitor to engage in direct sales or solicitations within the City without being registered and licensed for that purpose as provided herein. (2) DEFINITIONS. (a) Direct Seller. Any individual who, for himself or for a partnership, association or corporation, sells goods or services or takes sales order for the later delivery of goods or services at any location other than the permanent business place or residence of said individual, partnership, association or corporation and shall include, but not be limited to, peddlers, canvassers and transient merchants. The sale of goods and services includes donations requested or required by the direct seller for the retention of goods or services by & donor or prospective customer. (b) Transient Merchant. Any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within said City and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad box car or boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the City for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this section merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of, any local dealer, trader or auctioneer. (c) Permanent Merchant. A direct seller or one representing a merchant who, for at least one year prior to the submission of an application pursuant to this section, has continuously operated an established place of business in this City or has continuously resided in this City and now does business from his residence. (d) Goods. Personal property of any kind and includes goods provided Incidental to services offered or sold. (e) Solicitor. Any individual who, for himself or for any other person, organization, society, association or corporation, personally solicits money, property or financial assistance of any kind from persons other than members of such organization, society, association or corporation.

16 12 7 LICENSES AND PERMITS (2) (f) (g) (h) Charitable Organization. Any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation for which there is provided proof of tax exempt status pursuant to 501(c) (3) or (4) of the United States Internal Revenue Code. Applicant. Each individual applying for registration and licensing as a direct seller, transient merchant or solicitor. Registrant. Each individual registered by the Clerk-Treasurer. (3) EXEMPTIONS. (a) The following shall be exempt from all provisions 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 farmer or truck gardener selling agricultural products of the farm or garden occupied or cultivated by such person. 4. Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within this County and who delivers such goods in his regular course of business. 5. 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 said person. 6. Any person who has had, or represents a company which has had, a prior business transaction such as a prior sale or credit arrangement with a prospective customer. 7. 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. (b) Charitable organizations registered with the Wisconsin Department of Regulation and Licensing pursuant to , Wis. Stats., shall be exempt from the requirements set forth in subs. (4) (a), (4) (c) and (6) of this section if the organization has provided the individual representing it with credentials stating the name of the organization, the name of the representative and the purpose of the solicitation and provided, further, 12 8

17 LICENSES AND PERMITS (3) that said individuals provide the Clerk-Treasurer with the following information: 1. The individual s name and permanent address. 2. The name and address of the organization represented. 3. The name and address of the officers or directors of the organization. 4. The nature of the sales or solicitations. 5. Proposed dates and time of sales or solicitations. A license operative for the dates provided to the Clerk-Treasurer shall be issued without charge upon compliance with the foregoing. The Clerk-Treasurer shall then forward the information and notice of the issuance of a license to the Chief of Police. (c) Any religious organization from which there is provided proof of tax exempt status pursuant to 501(c) (3) of the United States Internal Revenue Code shall be exempt from the requirements set forth in subs. (4) (a), (4) (c) and (6) - The provisions of sub. (3) (b) above shall be applicable to such organizations (d) Any veteran who holds a special state license pursuant to , Wis. Stats, shall be exempt from the provisions of sub. (4) and (6) provided that such veteran provides the Clerk-Treasurer with the following information: 1. The veteran s name and permanent address. 2. The nature of the sales or solicitations. 3. Proposed dates and times of sales or solicitations. The Clerk-Treasurer shall then forward the above information to the Chief of Police. (4) REGISTRATION REQUIREMENTS. (a) Applicants for licenses must complete and return to the Clerk-Treasurer a registration form furnished by the Clerk- Treasurer which shall require the following information: 1. Name, permanent address, telephone number and temporary address, if any. 2. Age, height, weight and color of hair and eyes.

18 12 9 LICENSES AND PERMITS (4) 3. Name, address and telephone number of the person, firm, association or corporation that the direct seller represents or is employed by or whose merchandise is being sold. 4. Temporary address and telephone number from which sales or solicitations will be conducted, if any. 5. Nature of sales or solicitations to be conducted and a brief description of the goods and/or services offered. 6. Proposed dates and times of sales or solicitations. 7. Proposed method of delivery of goods, if applicable. 8. Make, model and license number of any vehicle to be used by applicant in the conduct of sales or solicitations. 9. Last 3 cities, villages and towns where applicant conducted similar sales or solicitations. 10. Place where applicant can be contacted for at least seven days after leaving this City. 11. Statement as to whether applicant has been convicted of any crime or ordinance violation related to applicant s sales or solicitation or other transient merchant activities within the last 5 years, the nature of the offense and the place of conviction. 12. A recent photograph of the applicant that shows the head and shoulders. (b) Applicants shall present the following items to the Clerk-Treasurer for examination: 1. A driver s license or some other proof of identity as may be reasonably required. 2. A physician 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

19 LICENSES AND PERMITS (4) (c) (d) (Am. Ord. #657, Am. Ord. #1159) No application shall be processed until an application fee of $35 has been paid to the Clerk-Treasurer to cover the cost of processing said application. The license period shall be for one year from the time of issuance. (5) INVESTIGATION; DENIAL OF APPLICATION. (a) Upon receipt of a completed registration form, the Clerk-Treasurer shall immediately refer it to the Chief of Police to make an investigation. The Police Chief or his designee shall complete the investigation and file a report with the Clerk-Treasurer within 72 hours. (b) (c) The Clerk Treasurer shall refuse to issue a license to the applicant for any of the following reasons: 1. The application contains any material omission or materially inaccurate statement, 2. The applicant was convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is directly related to the applicant s fitness to engage in direct selling or solicitation. 3. The applicant failed to comply with any applicable provision of par. (4) (b) above. 4. If as a result of the investigation required under this section, the applicant s business or character are found to be unsatisfactory, the Chief of Police shall endorse on said application his disapproval and his reasons for the same and return the application to the Clerk-Treasurer who shall notify the applicant that his application was not approved and no license will be issued. In the event the Clerk-Treasurer shall refuse to issue the applicant a license, the Clerk-Treasurer shall provide the applicant an opportunity to refute said reasons for denial of the license. After the Clerk- Treasurer has made a final determination, he shall either issue the license or provide the applicant with written reasons for refusing to issue the license /7

20 LICENSES AND PERMITS (5) (d) Any person denied application for a license may appeal such action by filing with the Council within 14 days after written notice of the denial a written statement requesting a hearing and setting forth the grounds for the appeal. The Council shall set a time and place for the hearing. Written notice of the time and place of the hearing shall be given to the applicant at least 24 hours prior to the time set for the hearing. (6) REGISTRATION AND ISSUANCE OF LICENSE. (a) Upon compliance with the foregoing requirements and filing of a bond, if applicable, the Clerk-Treasurer shall register the applicant as a direct seller, transient merchant or solicitor and issue a license to the applicant. The license shall be operative only during the days requested on the registration form a 8/07

21 LICENSES AND PERMITS (6) (b) Such license shall contain the signature of the Clerk Treasurer, the name and address of the direct seller, transient merchant or solicitor, the type of goods or services being sold or the nature of the solicitation, the dates during which the license is operative and the license number of any vehicle used for sales or solicitation. (c) Registrants shall exhibit their license at the request of any citizen or police officer. (d) Every applicant who intends to take sales orders and down payments for the later delivery of goods and services and is not a resident of Waupaca or Outagamie Counties, Wisconsin, or who is such a resident and represents a business or organization whose principal place of business is located outside the State of Wisconsin, shall file with the Clerk-Treasurer a surety bond for a term of one year from the date of issuance of license, running to the City in the amount of $500 with surety acceptable to the Mayor, conditioned that the applicant comply with all applicable ordinances of this City and statutes of the State of Wisconsin regulating peddlers, canvassers, solicitors and transient merchants. Such bond shall guarantee to any citizen of this City that all money paid as a down payment will be accounted for and applied according to the representations of the seller and that the property purchased will be delivered according to the representations of the seller. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given. The surety may, pursuant to a court order, pay the face amount of the bond to the Clerk of Courts in which suit is commenced and be relieved of all further liability. (7) REGULATION OF DIRECT SELLERS AND SOLICITORS. (a) Prohibited Practices. 1. A direct seller or solicitor shall be prohibited froth: a. Calling at any dwelling or other place between the hours of 8:00 P.M. and 9:00 A.M. except by appointment. b. Calling at any dwelling or other place where a sign is displayed bearing the words No peddlers, No Solicitors or words of similar meaning. c. Calling at the rear door of any dwelling place. d. Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises. 2. A direct seller or solicitor shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale, the purpose of his visit, his identity or the identity of the organization he represents. A direct seller representing a charitable or religious organization shall specifically disclose what portion of the sale price of goods being offered will actually be used for the charitable or religious purpose for which the individual is soliciting. Said portion shall be expressed as a percentage of the sale price of the goods or services

22 LICENSES AND PERMITS (7) 3. No direct seller or solicitor shall impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales or solicitations are made from vehicles, all traffic and parking regulations shall be observed. No direct seller or solicitor shall have any exclusive right to any location in the public streets. No direct seller or solicitor shall sell or solicit in any congested area or where the public will be impeded or inconvenienced. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall he deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. 4. No direct seller or solicitor shall make any loud noises or use any sound amplifying device to attract customers or donors if the noise produced is capable of being plainly heard outside a one hundred foot radius of the source. 5. No direct seller or solicitor shall allow rubbish or litter to accumulate in or around the area in which he is conducting business or making solicitations. (b) Disclosure Requirements. 1. After the initial greeting and before any other statement is made to a prospective customer or donor, a direct seller 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. 2. If any sale of goods or services is made by a direct seller or any sales order for the later delivery of goods or services is taken by the seller, the buyer shall have the right to cancel said 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 , Wis. Stats.; the seller shall give the buyer two copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of (1) (a), (b) and (c), (2) and (3), Wis. Stats. 3. If the direct seller 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, 12 13

23 LICENSES AND PERMITS (7) 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) REGULATION OF TRANSIENT MERCHANTS. The provisions of subpars. (7) (b) 2 and 3 shall apply to transient merchants. (9) REGULATION OF FARMERS AND TRUCK GARDENERS. Farmers and truck gardeners selling their own produce shall: (a) Remove their sale facility and produce at the end of each day s activity, said day s activity to run from the hours of 6:00 A.M. to 7:30 P.M. (b) Obtain a statement in writing from the Chief of Police that the proposed location will not impede or inconvenience the public use of streets or sidewalks. (c) Obtain written authority from the owner of the property to locate the proposed sale facility thereon. (10) RECORDS OF VIOLATIONS. The Chief of Police shall report to the Clerk- Treasurer all convictions for violations of this chapter and the Clerk-Treasurer shall note any such violation on the record of the registrant convicted. The Clerk-Treasurer shall note any complaint or report of an alleged violation made by a resident of this City or a police officer. (11) REVOCATION OF LICENSE. (a) The registrant s license may be revoked by the Council after notice and hearing if the registrant made any material omission or materially inaccurate statement in the application for registration, made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in direct sales or solicitation, violated any provision of this chapter or was convicted of any crime or ordinance of statutory violation which is directly related to the registrant s fitness to engage in direct selling or solicitations. (b) Written notice of the hearing shall be served personally on the registrant at least 72 hours prior to the time set for the hearing. Such notice shall contain the time and place of the hearing and a statement of the acts or omissions upon which the hearing will be based

24 LICENSES AND PERMITS LIVE PUBLIC NUDITY. (Amd. Ord. #890, Repeal/Recreate Ord.#1139) WHEREAS, the Council of the City of New London, Wisconsin, finds that live nudity and other lewd conduct in public places - especially when done for profit - are or can be highly detrimental to the public health, safety and welfare - by debasing those involved, lowering property values and creating an atmosphere conducive to violence, sexual harassment, public intoxication, prostitution, disorderly conduct, the spread of sexually transmitted diseases, and other negative secondary effects; and WHEREAS, the Council of the City of New London, Wisconsin, makes these findings on the basis of its members' first-hand knowledge of the City and on the basis of experience of other cities as cited in United States Supreme Court decisions such as Renton v. Playtime Theatres, Inc. 475 U.S. 41, 106 S. Ct. 925 (1986), Barnes v. Glen Theatre, Inc. 501 U.S. 560, 111 S.Ct.2456 (1991) and City of Eerie v. Pap's A.M. 529 U.S.277 St. Ct (2000); 1. No person within the City of New London, Wisconsin, shall knowingly or intentionally, appear in a state of nudity in any public place. 2. "Nudity" means: a. the showing of the human male or female genitalia, pubic area or anus with less than a fully opaque covering and/or b. the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola. 3. "Public Place" includes all outdoor places and all buildings or enclosed places which are owned by or open to the general public, including those limited to specific classes of the general public, such as patrons, members, or adults over a certain age. 4. The prohibition set forth in Section (1) shall not apply to: a. private residences b. the normal use of public restrooms c. the normal use of privately rented hotel/motel rooms and campsites d. any child under ten (10) years of age e. any female exposing a breast to breastfeed an infant under two (2) years of age. f. medical examinations or demonstrations and/or g. dramatic performances of serious artistic merit. 5. Any person violating this Ordinance shall be subject to a penalty pursuant to Sec of this Chapter for each offense /05

25 LICENSES AND PERMITS (6) 6. If any section or portion of this Ordinance is found to be unconstitutional or otherwise invalid, the validity of the remaining sections or portions shall not be affected (Rep. Ord. #735) (Rep. Ord. #666) SECONDHAND ARTICLE DEALERS JEWELRY DEALERS AND PAWNBROKERS (Rep. & Recr. Ord. #830, Eff ). (1) DEFINITIONS. (a) Jewelry. 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. (b) Pawnbroker, 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. (c) (d) Secondhand. 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. Secondhand Article Dealer. Any person who primarily 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) below or while engaged in the business of junk collector, junk dealer, auctioneer or scrap processor, as described in (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 a 5/05