Title 7  Chapter 14
Miscellaneous Business Licenses
7-14-1
7-14-2
7-14-3
7-14-4
7-14-5
Sec. 7-14-1
(a)
(b)
(c)
(d)
Transient and Temporary Public Entertainments
Regulation and licensing of Baseball Pitching Machines and
Similar Devices
Regulation and licensing of Riding Devices, live Pony Rides and
Similar Devices
Regulation of Dumping
Dances and Dance Halls
Transient and Temporary Public Entertainments.
License Required.
(1)
No person shall maintain or operate any transient or temporary public
entertainment within the Town without first obtaining a license therefor as
hereinafter provided.
(2)
This Section does not require a license for the conducting of fairs, lectures,
concerts, exhibitions or entertainments of a scientific, historical, political, literary
or musical character for humane, religious, charitable or scientific purposes.
Definition. A transient or temporary public entertainment is one to which the public may
gain admission by payment of an admission charge. It includes shows, circuses,
exhibitions, carnivals and vaudeville.
Application. Application for carnival licenses shall be made by the applicant to the Town
Clerk in writing at least ten (10) days before the planned event and all of the information
regarding insurance, etc., shall be filed within ten (10) days and referred to the Town
Board for examination of the qualifications, character and reputation of the applicant, and
of the desirability of permitting the carnival to operate, show or exhibit in the Town.
Requirements.
(1)
Insurance Required. No license may be granted unless the applicant therefor
shall have filed with the Town Clerk a public liability insurance policy in a sum
as set by the Town Board from time to time, with the condition that the applicant
shall indemnify and save harmless the Town and its officers and agents and
citizens against any injuries and damages resulting or arising from the conducting
of any carnival for which the license is issued or from the performance by the
applicant or his agents of any negligence incident to or connected with the
conduct of such carnival, and that the applicant shall pay all judgments, costs and
charges that may be recovered against the Town or any of its officers or agents by
reason of the conducting of such carnival.
(2)
License Fees Required. No permit shall be issued unless the applicant shall pay a
permit fee for the operation or maintenance of the public entertainment as
follows:
Carnivals:
Circuses:
Public Entertainment:
(5)
(e)
All public entertainments listed in Subsection (b) shall be exempt from any
license fee if sponsored by a nonprofit organization.
(3)
Posting of License. Such permits when issued shall be prominently displayed
while the carnival is in operation.
(4)
Food Handlers to Obtain Health Certificate. Any person employed in such
carnival for the purpose of preparing, handling or selling food or drink shall
submit to a physical examination and obtain a health certificate as required by
State law.
Inspection of Mechanical Devices. The applicant shall indicate the date of the last State
inspection of rides, merry-go-rounds and other mechanical devices. The Town reserves
the right to require inspections of all mechanical devices that would be available to the
public. All inspection costs shall be paid for by the licensee.
Revocation. Any license granted by the Town Board under the provisions of this Section
may be revoked by the Town Chairperson or Town law enforcement officer, provided
such carnival shall not be maintained or if the person who maintains, owns, controls or
operates such carnival shall permit the violation of any provisions of this Code of
Ordinances or State laws or where, in the opinion of the Town Chairperson, the carnival
is deemed undesirable. Revocations or suspensions may be appealed to the Town Board.
Sec. 7-14-2
(a)
(b)
Fifty Dollars ($50.00).
Fifty Dollars ($50.00).
Ten Dollars ($10.00) per day,
Twenty-five Dollars ($25.00) per week.
Regulation and Licensing of Baseball Pitching
Machines and Similar Devices.
The provisions of this Section shall not be deemed in any way to refer or relate to
carnivals or any exhibitions commonly known as carnivals.
No person shall install, exhibit or operate any baseball pitching machine or machines or
any other similar device within the limits of the Town without first having obtained a
license therefor. Application for a license shall be made by filing an application in
writing directed to the Town Board and filed with the Town Clerk setting forth the
number, size and general nature of the baseball pitching machine, machines or similar
devices, a correct and accurate description of the premises upon or within which the
baseball pitching machine, machines or similar devices are to be operated and the dates
upon or time during which the baseball pitching machine, machines or similar devices are
to be operated. The application shall be accompanied by a fee of Five Dollars ($5.00) for
each day or part thereof during which each of the baseball pitching machines or similar
devices shall be operated, or in lieu of the deposit of said Five Dollars ($5.00), the sum of
Fifty Dollars ($50.00) or deposit for the annual license fee for a unit of three (3) baseball
pitching machines or similar devices. The Town Board may, in its discretion, permit
more than three (3) baseball pitching machines or similar devices under this Section and
(c)
(d)
(e)
(f)
charge a fee at the rate of Five Dollars ($5.00) per day (or part thereof) for each day the
device is operated, or charge the annual fee of Twenty-five Dollars ($25.00) for each and
every baseball pitching machine or similar device in excess of three (3), subject,
however, to the provision that no deposit or license fee for the annual operation or
exhibition of baseball pitching machines or similar devices or for any operation other
than on a daily or per diem basis shall not be less than Fifty Dollars ($50.00) nor more
than Two Hundred Dollars ($200.00) for the license period for any number of such
machines.
The license shall automatically be denied by the Town Board if it should be determined
from the application that:
(1)
The devices do not comply with acceptable safety standards;
(2)
The baseball pitching machines or devices are to be installed along main arteries
of traffic or at any other place where it would be difficult to control traffic and
avoid congestion affecting normal traffic; or
(3)
Where the operation of baseball pitching machines or devices would constitute a
public nuisance.
At the time of filing the application, the applicant shall furnish satisfactory proof of
financial responsibility for personal injuries or property damage resulting from the
operation of the baseball pitching machines or devices.
In the event that a license shall be denied, the fee accompanying the application shall be
returned to the applicant. If the license is granted, the fee shall be paid to the treasury.
The Town Board may, by majority vote, direct the Town Clerk to revoke the license after
the same has been issued if, in the opinion of a majority of the Town Board, the reasons
which would have made denial of a license mandatory at the time of application have
developed and become apparent after a license has been granted. In case a license is
revoked the license fee paid shall be forfeited and there shall be no recovery of the same
or any part thereof.
Sec. 7-14-3
(a)
(b)
Regulation and Licensing of Riding Devices, Live Pony
Rides and Similar Devices.
The provisions of this Section shall not be deemed to refer or to relate to carnivals or any
exhibitions commonly known as carnivals. Less than eight (8) riding devices [a pony ring
or grouping of ponies not exceeding seven (7) in number shall be considered one (1)
riding device] shall not be considered a carnival or carnival exhibition.
No person shall exhibit or operate any riding device or device within the limits of the
Town without first having obtained a license therefor. Application for a license shall be
made by filing an application in writing directed to the Town Board and filed with the
Town Clerk, setting forth the number, size and general nature of the rides or riding
devices, a correct and accurate description of the premises upon or within which the rides
or riding devices are to be operated, and the dates upon or time during which the rides are
to be operated. The application shall be accompanied by a fee of Five Dollars ($5.00) for
each device exhibited or operated for each day or part thereof during which the device
shall be operated, or in lieu of the deposit of said Five Dollars ($5.00) for each device, the
sum of One Hundred Seventy-five Dollars ($175.00) as deposit for the annual operation
(c)
(d)
(e)
(f)
or exhibition of up to and including seven (7) devices. The Town Board may, in its
discretion, permit more than seven (7) riding devices under this Section and charge a fee
at the rate of Five Dollars ($5.00) per day, or part thereof, for each day such a device is
operated, or charge the annual fee of One Hundred Seventy-five Dollars ($175.00) for
seven (7) devices and an additional Five Dollars ($5.00) per day, or part thereof, for such
time as all devices in excess of seven (7) are operated.
The license shall be automatically denied by the Town Board if it should be determined
from the application that:
(1)
The devices do not comply with acceptable safety standards;
(2)
The riding devices are to be installed along main arteries of traffic or at any other
place where it would be difficult to control traffic and avoid congestion affecting
normal traffic; or
(3)
The operation of the riding devices would constitute a public nuisance. Otherwise,
a license shall be issued by the Town Clerk in case a majority of the Town Board
votes in favor thereof and shall otherwise be denied.
At the time of filing the application, the applicant shall furnish satisfactory proof of
financial responsibility for personal injuries or property damage resulting from the
operation of such riding devices, and the applicant shall furnish such insurance as the
Town Board shall require protecting the users of the riding devices against injury and the
Town against any liability therefor.
In the event that a license be denied, the fee accompanying the application shall be
returned to-the applicant. If the license is granted, the fee shall be paid into the treasury.
The Town Board may, by a majority vote, direct the Town Clerk to revoke the license
after the same has been issued if, in the opinion of a majority of the Town Board, the
reasons which would have made denial of a license mandatory at the time of application,
have developed and become apparent after a license has been granted. In case a license is
revoked, the license fee shall be forfeited and there shall be no recovery of the same or
any part thereof.
Sec. 7-14-4
(a)
(b)
(c)
Regulation of Dumping.
License Required. It shall be unlawful for any person, firm, association or corporation to
engage in the business of gathering, collecting, depositing or disposing of ashes, refuse,
rubbish and other waste materials, or maintaining an area for the collection or disposition
thereof, either directly or indirectly, in the Town, without first obtaining a license to do so
from the Town.
Issuance of License. No such license shall be granted by the Town Board unless and
until the person desiring the same shall first file with the Town Clerk a written
application therefor, setting forth the full nature of the business the applicant proposes to
conduct. The Town Board may, at its discretion, hold a public hearing on the application.
The annual license fee shall be Ten Dollars ($10.00), and the license period shall be from
July 1 and June 30 next. The license fee shall, in each case, accompany the application.
Dumping Areas. Any yard or area used for the collection or disposition of ashes, refuse,
rubbish and other waste materials shall be enclosed by a substantial enclosure not less
than five (5) feet high. Such area or dump yard shall be closed unless the licensee or
(d)
(e)
some person representing him is present to supervise the dumping. The owner or
custodian of the area shall take steps as are recommended by the appropriate health
officials to prevent infestation by rats and/or other vermin. Flammable materials shall not
be permitted to accumulate in large quantities but must be burned each day, if possible;
and the licensee or some responsible person representing him must attend such burning.
The supervision of areas so used shall be vested in the appropriate health officials who
shall have the right to prohibit the dumping of garbage, contents from septic tanks and
other materials that will be odoriferous and offensive to adjacent property owners and the
public generally.
Revocation of License. Upon complaint in writing by any three (3) residents of the
Town or by a Town official that a licensee has violated any provisions of this Section or
any reasonable regulations by the appropriate health officials, the Town Board shall
summon the licensee to appear before it at a stated time, upon not less than ten (10) day's
notice. The Board shall thereupon proceed to hear the matter, and if it finds that the
allegations are true, it may revoke the license. The Town Board shall make its
determination in writing and shall give reasons for its decision. This provision is in
addition to the penalty hereinafter provided.
Protection of Other Property. No person, firm or corporation shall dump or deposit or
cause to be dumped or deposited any rubbish, refuse, filth, ashes, garbage, manure,
miscellaneous wastes or other substances in any park, road, street, highway, public or
private alley in the Town or upon the property in the Town or upon his own property in
the Town in such a way that the same may be drained or transferred from his property
onto that of another.
Sec. 7-14-5
(a)
(b)
Dances and Dance Halls.
Definitions.
(1)
The term “public dance” as used in this Section shall mean any dance to which
the public is admitted without discrimination and admission is not based upon
personal selection or invitation. Any dance shall be deemed to be a public dance
at any time that there are eight (8) or more persons simultaneously engaged in
dancing.
(2)
The term “public dance hall” as used in this Section shall mean any room, place
or space at which a public dance as herein defined may be held.
Prohibited Places and Restrictions.
(1)
Dance halls for public dances held on premises licensed to sell fermented malt
beverages or intoxicating liquors shall have a dance floor separated by an
adequate barrier which clearly and adequately defines a dance hall, the sufficiency
and adequacy of such barrier to be determined and approved for each of the
licensed premises by the Town Board. Reasonable entrances and exits shall be
provided, and the Town Board may order changes from time to time as may be
required to meet the needs and requirements for proper regulation of licensed
premises. The dance floor shall contain an area of not less than two hundred (200)
square feet.
(2)
The term “public dance hall” shall also apply to any dance hall or academy in
(c)
(d)
(e)
which classes in dancing are held for hire which are open to the general
public.
Licenses.
(1)
No person, firm, association or corporation shall hold a public dance
without first having obtained a license from the Town Board.
(2)
Application for a license for a public dance hall shall be made by petition
filed by the owner or lessee of the premises for which the license is sought
(on such forms as specified by the Town Clerk) and directed to the Town
Board.
(3)
All applications for licenses shall be accompanied by the appropriate
license fee as follows: Ten Dollars ($10.00) per dance, or an annual
license of Fifty Dollars ($50.00).
(4)
The license year shall be from July 1 of one (1) year to June 30 of the
following year, both dates inclusive.
(5)
Should the owner sell his place of business or should a tenant sell or
transfer his/her lease, the annual license may be transferred to the new
owner or tenant for the remainder of the license year with the approval of
the Town Board upon payment of an additional transfer fee of Ten Dollars
($10.00).
(6)
The dance hall license shall be posted in a conspicuous place within the
licensed hall. Should any licensee violate any provision of this Section, his
license may be revoked or suspended in the following manner. The Town
Board shall hold a hearing with regard to the violation and shall give three
(3) days notice by certified mail to all parties concerned notifying them of
the date and purpose of the hearing. Should the Town Board determine
that there has been a violation of this Section, the Town Board may
temporarily suspend the license for such period as it shall determine or
revoke the license for the remainder of the calendar year.
Inspector. In the event the holder of a dance hall license desires to have an
inspector on his/her premises during any particular dance, the Town Board shall
appoint a Town police officer to act as the inspector. The inspector shall be paid
his/her normal overtime rate of pay and fringe benefits by the Town Board, which
fee in turn shall be paid to the Town by the licensee.
Rules and Regulations.
(1)
No person under the Wisconsin legal drinking age, unless accompanied by
parent, guardian or spouse, shall be present at any public dance on
premises where intoxicating liquors are sold or dispensed, unless the
dance hall is physically separated from the area where such liquors are
sold or dispensed. The adequacy of the physical division and the structures
required to obtain this purpose shall be as determined by the Town Board.
(2)
No person shall have intoxicating liquor or malt beverages in his
possession while in a public dance hall which is not licensed to sell or
dispense intoxicating liquors or malt beverages.
(3)
All public dance halls operating under this Section must comply with the
building and lighting code requirements of the State of Wisconsin, as well
as rules and regulations of the Dane County Board of Health.
(f)
Additional Rules and Regulations. The Town Board may provide for the
reasonable implementation of this Section by conditionally approving licenses
where deemed necessary to accomplish the purposes set forth in this Section.
Such conditions may include, but not be limited to, insurance requirements, fiscal
responsibility safeguards, etc.