[HISTORY: Adopted by the Village Board of the Village of
Fox Point as indicated in article histories. Amendments noted where
applicable.]
[Adopted as § 29.05 of the 1961 Code]
Carnival includes, but is not limited to, the temporary setting
up, maintaining and operating of mechanical devices, acts (whether
by humans or animals), displays, rides on animals or in vehicles propelled
by animals for the enjoyment and entertainment of persons, whether
or not a fee is charged therefor.
The Village adopts by reference the provisions of Ch. SPS 334,
Wis. Adm. Code (Amusement Rides).
No person, firm or corporation shall maintain or operate any
carnival in the Village of Fox Point without having a license therefor
in effect.
Written application for such license shall be made by the applicant
to the Village Manager. Such application shall set forth the name
and address of the applicant, and the qualifications, character and
reputation of said applicant, and the nature of the activities said
carnival desires to conduct. The Village Manager may prepare a form
of application.
A.
The Village Manager shall examine said application and may insist
on additional information in writing. If it appears to the Village
Manager that the applicant is of good character and reputation and
qualified to operate said carnival and that the same will not adversely
affect residents of the Village, then he shall issue such license
conditioned upon compliance with the requirements hereinafter set
forth.
B.
If it appears to the Village Manager that the above requirements
are not met, he shall refuse to issue such license. In the event of
such refusal the applicant may appeal to the Village Board, which
Board shall review the application and action of the Village Manager
and direct or refuse the issuance of a license as to said Board appears
proper.
A.
No license shall be issued unless the applicant shall file with the
Village Manager a certificate of insurance establishing that the operator
of said carnival has in force and effect a public liability insurance
policy with limits of not less than $100,000 for any one person, and
$500,000 for any one accident, and property damage of $25,000, provided
that a deductible clause not to exceed $50 may be contained in such
policy.
B.
The applicant shall agree to indemnify and save harmless the Village
of Fox Point, its officers, agents and citizens against any and all
injuries and damages or claims therefor resulting or arising out of
the conduct of such carnival.
The license shall be prominently displayed at all times during
which the carnival is in operation.
No noisemaking device or barking to attract customers or solicit
business or to advertise the activities shall be permitted after 10:00
p.m.
The license to conduct such carnival does not include the sale
or giving away of any food or drink of any kind, and none shall be
sold or given away.
Any license which has been granted may be revoked by the Village
Manager if the carnival is not maintained or operated in an orderly
manner or if persons of bad reputation are permitted therein, or if
the person who is in control of or operates the carnival permits the
violation of any Village ordinance or law of the State of Wisconsin.
[Adopted by Ord. No. 402 (§ 29.10 of the 1961 Code)]
No person, either as owner, lessee, manager, officer or agent,
shall keep, maintain, conduct or operate any theater or moving picture
show house in the Village of Fox Point without first obtaining a license
therefor in the manner hereinafter provided.
The term "theater or moving picture show house," as used in
this article, is defined as any edifice, hall, building or part of
building regularly or generally used or wholly devoted to the purposes
of dramatic, operatic, vaudeville or other exhibition plays or performances
for admission to which an entrance fee is paid, charged, or received,
or regularly or generally used or wholly devoted to the purpose of
exhibiting moving pictures of any kind for admission to which an entrance
fee is paid, charged or received, and shall exclude churches, schools,
and other halls used only occasionally for moving picture exhibitions,
illustrated or other lectures, concerts or amateur theatricals or
exhibitions.
Applications for said licenses stating the location and the
seating capacity of the premises shall be made to the Village Board,
which may grant any such license, as in its judgment will promote
the good order and welfare of the Village, but no such license shall
be granted for any edifice which does not conform in all respects
to the laws of this state and the ordinances of the Village applying
to such edifice, and unless the same shall be safe and proper for
the purposes for which it is to be used. Licenses granted shall be
signed by the Village Clerk/Treasurer.
The Village Board shall have power and authority to revoke or
annul for cause, or refuse to renew, any license granted according
to the provisions of this article whenever in its judgment the good
order and welfare of the Village will be promoted thereby, and whenever
the licensed building or the manner of conducting business therein
does not conform in all respects to the laws of this state and the
ordinances of the Village applying to such edifice and to its maintenance,
use, or operation of business therein, or whenever the same shall
be unsafe and improper for the purposes for which it is used.
Before refusing to grant or renew a license or revoking or annulling
a license that has been granted, the Village Board shall cause notice
of its contemplated action to be given in writing to the applicant
or licensee and shall set a time and place at which the applicant
or licensee may appear before the Village Board and be heard. Such
notice shall be given not less than 10 days before the hearing and
may be given by personal service or by registered or certified mail.
The time of such hearing may be adjourned or continued from time to
time at the discretion of the Village Board. After the conclusion
of such hearing, the Village Board shall take such action as to it
appears warranted.
Every such license shall, while the same is in force, be posted
in a conspicuous place at or near the principal entrance to the premises
for which it is issued so that the same may be easily seen and read
by any person passing in or out of such entrance.
The schedule of annual license fees under this article is fixed as provided in Chapter 63, Fees.
The license period is from July 1 to June 30, both inclusive
and pro rata for any part of such year, the first such period commencing
July 1, 1972.
