City of West Allis, WI
Milwaukee County
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Table of Contents
Table of Contents

9.01 Number of Licenses.

[Ord. 6337, 10/7/1997; 6406, (repeal & recreate), 11/17/1998]
(1) 
Class A Licenses. The number of Class A licenses, whether for intoxicating liquor, fermented malt beverages, or both, to be granted or issued by the Common Council shall be limited to thirty (30).
[Ord. O-2016-0047, 10/18/2016]
(2) 
Class B Licenses.
(a) 
Fermented Malt Beverages. The number of fermented malt beverage only licenses to be granted or issued by the Common Council shall be limited to ten (10) and shall only be issued to a qualified person for a restaurant in which the sale of alcohol beverages accounts for less than fifty percent of gross receipts and which does not have a barroom as defined in § 125.51(3m)(a), Wis. Stats. The number of fermented malt beverage licenses issued in combination with intoxicating liquor licenses shall be equal to the limit on Class B intoxicating liquor licenses.
(b) 
Intoxicating Liquor. The quota for intoxicating liquor licenses to be granted or issued by the Common Council shall be limited to one hundred twenty (120).
[Ord. O-2006-0004, 2/7/2006; Ord. O-2009-0032, 11/3/2009; Ord. O-2012-0013, 5/15/2012]
(3) 
Continuity of Licenses.
[Ord. 6455, amend S. 9.01(3)(a)(b), 8/3/1999]
(a) 
Notwithstanding the provisions of Subsections (1) and (2) establishing limits on the number of licenses to be granted or issued, all licenses lawfully issued and in force in the City upon the effective date of this ordinance are valid and may be renewed, but the Common Council shall not issue any new Class A or B licenses until the total number of licenses is less than the quotas established in this section.
(b) 
Notwithstanding the provisions of Subsections (1) and (2), a premise which has an existing Class A or B license will remain eligible for any person, partnership or corporation who has the right to control of the premises to apply for a new license for ninety (90) days after said existing license is surrendered to the City, expires and is not renewed by the licensee, or is revoked pursuant to Section 9.02(9)(c) of the West Allis Revised Municipal Code. A license that is revoked for any other reason shall be subject to the quota provisions set forth in this section.
(4) 
Exceeding Quota. Notwithstanding the provisions of Subsections (1) and (2), the Common Council may, by a majority vote, grant or issue new licenses in excess of the quota.
[Ord. O-2003-0026, 3/4/2003; Ord. O-2006-0004, 2/7/2006]
(5) 
Hearing Required to Exceed Quota. Prior to a vote to exceed a quota established in this section, a public hearing before the Common Council shall be held to afford the applicant and any interested persons to comment on the proposed establishment.
[Ord. 6619, 7/1/2002; Ord. O-2006-0004, 2/7/2006]

9.015 License Year.

(1) 
Duration of License Year. The "License Year" in the City shall begin on July 1 in each year and terminate on June 30 in the next year, unless otherwise specifically provided.
(2) 
Exceptions. Where other provisions have been made for expiration of any license, such date shall apply unless a license shall be previously revoked for cause.

9.02 Alcoholic Beverages.

(1)
State Regulations.
(2)
License Required.
(3)
Applications for Class "A" and "B" Retail Licenses.
(3m)
Class "C" Licenses.
(4)
Right to Premises, Floor Plan, and Plan of Operation.
(4m)
Truth of Statements.
(5)
Extension of Premises.
(6)
Investigation.
(7)
Approval of Application.
(8)
Granting of License.
(9)
Transfer and Lapse of License.
(10)
Numbering, Expiration and Posting of Licenses.
(11)
Lost Licenses.
(12)
Conditions of License.
(13)
Restrictions.
(14)
Health Rules.
(15)
Closing Hours.
(16)
Operator's Licenses.
(17)
Loitering by Underage Persons Where Alcohol is Illegally Served.
(18)
List of Employees and Performers.
(19)
Entertainment Standards.
(20)
License Suspension, Revocation, and Nonrenewal.
(21)
Fees.
(22)
Presence of Underage Persons on Specified Dates When No Alcohol Beverages are Sold.
(23)
Late Fees.
(24)
Priority of License Applications.
(1) 
State Regulations. Except as otherwise provided herein, the provisions of Chapter 125 of the Wisconsin Statutes, relating to the sale of alcohol beverages, are adopted by reference and made a part hereof with the same force and effect as if fully set forth herein.
(2) 
License Required. No person, firm, partnership, corporation or association shall, within the City, sell, barter, exchange, offer for sale or have in possession with intent to sell, deal or traffic in fermented malt beverages or intoxicating liquor, in any quantity whatsoever, or cause the same to be done without having procured a license.
(3) 
Applications for Class "A" and "B" Retail License.
(a) 
When and Where Filed. A written application for the licenses required by this section shall be filed with the City Clerk upon forms provided by the City Clerk. The application shall be filed with the City Clerk not less than fifteen (15) days prior to the granting of such license. The license fee shall be paid to the City Clerk not less than fifteen (15) days prior to the granting of the license, or such other later time as the Common Council shall determine, but in no case shall the license be issued prior to payment of the fee.
Such application shall be filed and sworn to by the applicant if an individual, by all partners if a partnership, or by the president and secretary if a corporation.
(b) 
Original Applications. Applicants seeking to establish a new licensed premise shall, upon application, pay a two hundred dollar ($200) fee to defray the costs of building, plumbing, electrical, health and fire inspections. The fee shall be nonrefundable, but shall be applied to the license fee.
(c) 
Publication. The application shall be published at least once in the official City newspaper, and the costs of publication shall be paid by the applicant.
(d) 
Notice of Change In Application. Whenever anything occurs to change any fact set out in the application of any licensee, such licensee shall file with the issuing authority a notice in writing of such change within (10) ten days after the occurrence thereof.
(e) 
Late Application. The Common Council may meet to consider and act upon any application for a Combination Class B or Combination Class A license, which has not been timely filed so that the Common Council may act upon the application at its regular meeting prior to the commencement of the license year, provided that any such application has been filed with the City Clerk at least fifteen (15) days prior to the special meeting of the Common Council. A late filing fee of one thousand dollars ($1,000) shall accompany each such application to defray administrative expenses. The late filing fee shall be nonrefundable unless a quorum of the Common Council is not able to meet and shall be in addition to the license fee.
[Ord. O-2005-0033, 6/21/2005]
(f) 
Provisional Retail License. Pursuant to Wisconsin Statutes Section 125.185, the City Clerk is authorized to issue provisional retail licenses. Licenses shall be granted only to applicants who have possessed a valid retail license for the sale of alcoholic beverages within the past year. The fee for such license shall be fifteen dollars ($15) and shall be paid to the Clerk before issuance.
[Ord. O-2011-0022, 6/21/2011]
(3m) 
Class "C" Licenses.
[Ord. 6329, 9/2/1997]
(a) 
Filing of Applications. A written application for a Class "C" license shall be filed with the City Clerk/Treasurer upon forms provided by the City Clerk/Treasurer. The application shall be filed with the City Clerk/Treasurer not less than fifteen (15) days prior to the granting of such licenses. The license fee shall be paid to the City Clerk/Treasurer not less than fifteen (15) days prior to the granting of the license, or such other later time as the Common Council may determine, but in no case shall the license be issued prior to payment of the fee.
The application shall be filed and sworn to by the applicant, if an individual; by all partners, if a partnership; or, by the president and secretary, if a corporation. Pursuant to sec. 125.51(3m)(c) of the Wisconsin Statutes, the City Clerk/Treasurer shall not accept an application from a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another.
(b) 
Publication. The application shall be published at least once in the official City newspaper and the costs of publication shall be paid by the applicant.
(c) 
Granting of License. A Class "C" license may be granted to an applicant only if the applicant meets the qualifications set forth in sec. 125.04(5) of the Wisconsin Statutes; the premises to be licensed is a restaurant in which the sale of alcohol beverages accounts for or will account for less than fifty percent (50%) of gross receipts; the restaurant does not contain a barroom; and, no Class "B" license is available, pursuant to the quota set forth in sec. 9.01 of the Revised Municipal Code.
[Ord. O-2010-0007, 2/2/2010]
1. 
No Class "C" license or permit may be issued for premises, the main entrance of which is less than three hundred (300) feet from the main entrance of any public or parochial school, hospital or church, except that this prohibition may be waived by a majority vote of Common Council. The distance shall be measured by the shortest route along the highway from the main entrance of the school, church or hospital to the main entrance of the premises covered by the license or permit.
a. 
The prohibition in this subsection does not apply to any premises covered by a Class "C" license or permit on the date this ordinance is published or premises covered by a Class "C" license or permit prior to the occupation of real property within three hundred (300) feet thereof by any school, hospital or church building.
(d) 
Notice of Change. Whenever anything occurs to change any fact set out in the application of any licensee, such licensee shall file a notice with the City Clerk/Treasurer, in writing, of such changes within ten (10) days after the occurrence thereof.
(4) 
Right to Premises, Floor Plan, and Plan of Operation.
[Ord. O-2013-0014, 4/2/2013]
(a) 
No applicant will be considered unless the applicant has the right to possession of the premises described in the application for the license. The applicant shall present documentation, in a form acceptable to the City Attorney, of proof of right to possession for the license period. Loss of the right to the premises subjects the license to immediate revocation.
(b) 
In any application for an alcohol beverage retail establishment license, excepting special Class B Beer and Wine Licenses, the applicant shall file a detailed floor plan on an 8 1/2-inch by 11-inch sized sheet of paper for each floor of the licensed premises. The floor plan shall include:
1. 
Area in square feet and dimensions of the licensed premises.
2. 
Locations of all entrances and exits to the premises together with a description of how patrons will enter the premises, the proposed location of the waiting line, and the location where security searches or identification verification will occur.
3. 
Locations of all seating areas, bars, and, if applicable, food preparation areas.
4. 
Locations and dimensions of any alcohol beverage storage and display areas.
5. 
Locations and dimensions of any outdoor areas available at the premises for the sale, service or consumption of alcohol beverages.
6. 
North point and date.
7. 
Any other reasonable and pertinent information the License and Health Committee may require either for all applicants or in a particular case.
(c) 
Plan of Operation. A completed plan of operation on forms provided therefor by the Clerk/Treasurer. The plan of operation shall require:
1. 
The current or planned hours of operation for the premises.
2. 
The legal occupancy capacity of the premises.
3. 
What plans the applicant has to insure the orderly appearance and operation of the premises with respect to noise and litter. This shall include a description of designated or likely outdoor smoking areas, the number and location of exterior and interior trash receptacles.
4. 
What other types of business enterprises, if any, are planned or currently conducted at the premises.
5. 
What other licenses and permits, if any, are planned or currently issued for the premises.
6. 
For applications for premises in locations that have not been licensed previously or within the past year under Section 9.02, whether the premises is less than three hundred (300) feet from any school, hospital, or church, pursuant to Section 9.02(3m)(c)1 and Section 125.68(3) of the Wisconsin Statutes.
[Ord. O-2014-0019, 4/1/2014]
7. 
The number of security personnel expected to be on the premises, their responsibilities, and the equipment they will use in carrying out their duties.
8. 
Any other reasonable information the License and Health Committee may require either for all applicants or in a particular case.
(d) 
Renewals. For any renewal application for an alcohol beverage retail establishment license for which there is no change in any information that is reported in the floor plan and plan of operation as submitted with the original or previous renewal application, the licensee may re-file the previous documents. The License and Health Committee may require changes to a floor plan or plan of operation based on the licensee's past operation.
(e) 
Alterations/Amendments. The plan of operation is subject to approval by the License and Health Committee prior to the issuance of the license or any building, zoning, or other permits. Any alteration, change, or addition to the plan of operation shall be approved by the License and Health Committee. The License and Health Committee may change all or part of the plan of operation or may impose additional requirements to address problems created by the licensee’s operation.
[Ord. O-2014-0078, 11/18/2014]
(4m) 
Truth of Statements. All matters submitted in writing to the City by any applicant or licensee pertaining to an alcohol beverage license shall be true. Any person who submits in writing any untrue statement to the City in connection with any such license or application shall forfeit not more than five hundred dollars ($500) together with the costs of prosecution, and in default shall be imprisoned in the Milwaukee County House of Correction for the maximum number of days set forth in Section 800.095(1)(b) of the Wisconsin Statutes. In addition, any license granted shall be subject to revocation and no alcohol beverage license of any kind whatsoever shall thereafter be granted to such person for a period of one year from the date of such revocation.
[Ord. O-2013-0014, 4/2/2013]
(5) 
Extension of Premises.
(a) 
Outdoor Areas.
1. 
Purpose. The licensing of outdoor areas for the possession, sale and consumption of fermented malt beverages and intoxicating liquors involves special considerations not associated with the licensing of building premises. Such considerations include control of public access to the premises, proper visibility, noise, lighting and public safety. Therefore, special regulations to protect the health, safety and welfare of the community are required and are herein set forth as a matter of public policy; however, nothing herein contained should be construed to in any manner act as a limitation upon or restriction of the general licensing authority of the Common Council under state and local laws and ordinances.
2. 
Authority. Outdoor areas may be included, as part of the licensed premises, subject to the qualifications, conditions and special regulations set forth in this paragraph.
3. 
Qualifications. An outdoor area, in order to qualify for consideration as part of the licensed premises, shall:
a. 
Be located on the same site as the building premises described in the license application;
b. 
The outdoor area shall conform to all setback requirements set forth in Chapter 12.
[Ord. 6105, 7/19/1994]
c. 
The outdoor area shall not be located on property which abuts or is within two hundred (200) feet of other property zoned or used for residential purposes. For purposes of this subsection, measurements shall be made from the boundary of the outdoor area to the building on other property zoned or used for residential purposes.
[Ord. 6105, 7/19/1994]
4. 
Conditions. Qualified outdoor areas may be included as part of the licensed premises under the following conditions:
a. 
The outdoor area is screened from off-site view. In addition to planting materials, walls and/or fences shall be utilized to provide screening and to control access to the outdoor area;
[Ord. 6105, 7/19/1994]
b. 
Lighting sources shall be shielded and so arranged to prevent spray onto adjacent properties. Flashing, intermittent or moving light or lights, and lights which are directed at any part of a traveled street or highway or which interfere with or obscure an official traffic device, sign or signal, are prohibited;
c. 
The site shall be constructed so as to assist in maintaining site noise within the standards set forth in Section 7.035(3) of this Code;
d. 
The outdoor area shall be constructed and arranged so as to limit the number of patrons to not more than twenty-five percent (25%) of the person per square foot capacity for the licensed building premises.
5. 
Special Regulations. The following special regulations shall apply to outdoor areas included as part of the licensed premises:
a. 
The closing hours during which no patron or guest shall be permitted to enter or remain in the outdoor area shall be between midnight (12:00 a.m.) and 10:00 a.m.
[Ord. 6105, 7/19/1994]
b. 
A service bar from which patrons may, through a waiter or waitress, purchase intoxicating liquor or fermented malt beverages, to be consumed by such patrons while seated at tables, shall be permitted. Patrons shall not be seated or permitted to be seated at the service bar.
c. 
No live music shall be permitted. Music which is mechanically or electronically reproduced shall be permitted, provided that said music is not audible beyond two hundred (200) feet.
[Ord. 6105, 7/19/1994]
d. 
In addition to the special regulations, outdoor areas shall be subject to the provisions of this Code and Wisconsin Statutes relating to the possession, sale and consumption of alcoholic beverages.
[Ord. 6105, 7/19/1994]
6. 
Site Plans. Outdoor areas shall be constructed and maintained in accordance with site plans approved by the Common Council. Applicants for outdoor areas shall file a site plan with their license application, showing the following information:
a. 
The arrangement of all structures, paving and landscaping areas;
b. 
The land uses and general location of improvements on adjoining properties within five hundred (500) feet of the outdoor area;
c. 
Location and type of screening and/or landscape materials;
d. 
Location and type of lighting for the outdoor area;
e. 
Location of service bar, food preparation areas, tables, etc.;
f. 
Entrances and exits to the outdoor area, including provision for controlled access;
g. 
Such additional information as the Common Council may reasonably require.
7. 
Prior to acting upon any application to include an outdoor area as part of the licensed premises, the Common Council shall refer said application for recommendations to the Plan Commission, Police and Fire Departments, Health Department and the Department of Building Inspections and Zoning.
8. 
Nothing herein contained shall in any manner abridge the authority of the Common Council to stipulate such other and further qualifications, conditions and regulations as may be necessary to protect the public health, safety and welfare, or affect or limit the authority and discretion of the Common Council, under applicable state laws and local ordinances, to regulate the possession, sale and consumption of fermented malt beverages and intoxicating liquors.
9. 
Prior to granting the license to extend the premises outdoors, the fee shall be paid to the City Clerk. No fee is required for renewal unless the license holder wishes to change the site plan.
10. 
This section shall not apply to licensed premises that are also "food establishments" as defined in section 7.04(1)(c) of the Revised Municipal Code. The extension of premises for such establishments shall be governed by Chapter 12.
[Ord. 6573, 6/5/2001]
(b) 
Temporary Extension of Class "B" Tavern Licensed Premises for Special Events.
1. 
Authority. The granting of a temporary extension of Class "B" fermented malt beverage or intoxicating liquor licensed premises for special events shall authorize the licensee to sell or serve fermented malt beverages and wine coolers during the period of time and in the area described in the application for such temporary extension, as expressly approved by the Common Council.
2. 
Eligibility. Any person holding a valid Class "B" tavern license may apply for temporary extension of such licensed premises for a special event. The area which the licensee wishes to include in any temporary extension of the licensed premises must be contiguous to the licensed premises and must either be owned by or be under the control of the licensee, or extend into or encroach upon public property or public thoroughfares. The applicant shall be required to enclose the extended licensed premises so that the ingress and egress of patrons may be monitored. If the extension is onto or in the public right of way, the application shall be accompanied by proof of insurance for comprehensive general liability in at least the following limits of coverage: $300,000 each occurrence and $300,000 aggregate for bodily injury; $300,000 each occurrence and $300,000 aggregate for property damage. The proof of insurance shall have an endorsement to indemnify and hold the City of West Allis harmless from any and all damages, judgments and claims which may be asserted against the City by reason of any damages or injuries sustained by any person or to any property by the extension onto or in the public right of way. The applicant shall also comply with all other applicable statutes, ordinances, resolutions and conditions.
2m. 
Farmers Market. In addition to temporary extensions for fermented malt beverages and wine coolers, the holder of a Class "A" and "B" fermented malt beverage and intoxicating liquor license premises may also obtain a permit to sell wine and intoxicating beverages on the farmers market premises. Whether for beer, wine, wine coolers or intoxicating beverages, all other requirements for such permit shall apply to the farmers market (including insurance requirements) except that the requirement in 9.02(5)(b)2 that the area be enclosed shall be deemed complied with if the licensee issues and patrons wear wrist bands or other similar evidence that the person may be on the premises and served alcohol beverages for the event.
[Ord. O-2017-0004, 2/7/2017]
3. 
Applicant's Responsibility.
a. 
Application for the temporary extension of Class "B" tavern licensed premises for special events shall be made by an individual, or authorized agent in the case of a corporation, who shall be personally responsible for compliance with all of the terms and provisions of this Chapter.
b. 
The applicant shall be responsible for cleaning up the extended licensed area and shall provide containers for storage of refuse.
4. 
Application. Application for the temporary extension of Class "B" tavern licensed premises shall be made in writing to the City Clerk on forms provided by the City Clerk. The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer, if a corporation or limited liability company, and shall be sworn to by the applicant. Such application shall contain the name of the licensee, the address of the existing licensed premises, the particular event or function for which the temporary extension of the licensed premises is sought, the date and period of time sought for the temporary extension of the licensed premises, a specific description of the area for which the temporary extension is sought, plans describing how the extended premises will be enclosed, and such other reasonable and pertinent information as the Common Council or the License and Health Committee of the Common Council may require. The application shall be filed at least thirty (30) days prior to the date of granting by the Common Council. Any application submitted within thirty (30) days, and no later than forty-eight (48) business hours, prior to the date of granting by the Common Council must be accompanied by a late fee of fifty dollars ($50) in addition to the license fee.
[Ord. O-2007-0037, 10/2/2007]
5. 
Council Action. The Common Council may, in its discretion, grant or deny the application. If the application is denied, the City Clerk shall, in writing, notify the applicant of the decision and the Council's reasons for denial. In deciding whether to grant a license, the Common Council may consider, among other factors, the appropriateness of the location for which a temporary extension of licensed premises is sought, whether such location will create an adverse impact on other property in the neighborhood, and any other factors which reasonably relate to the public health, safety and welfare. More than three (3) temporary extension permits per licensing year shall be presumed to be unreasonable.
[Ord. O-2013-0004, 2/19/2013]
6. 
Issuance. In the event the Common Council grants the application for a temporary extension of licensed premises for special events, the City Clerk shall issue an appropriate document to the applicant confirming the granting of the license and specifying the date, period of time and specific location for which the extended licensed premises shall be in effect. Such document shall also contain any restrictions or conditions which the Common Council may place on such approvals. The City Clerk shall, within twenty-four (24) hours after the issuance of the approving document, inform the Chief of Police of the date, time, place and event.
(6) 
Investigation. The City Clerk shall notify the Chief of Police, Health Officer, Chief of the Fire Department and Building Inspector of each application, and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. These officials shall furnish to the Common Council, in writing, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a reinspection of the premises and report as originally required.
(7) 
Approval of Application. In determining the suitability of an applicant, consideration shall be given to the criteria set forth in § 125.04(5) of the Wisconsin Statutes, the appropriateness of the location and premises proposed, and generally the applicant's fitness for the trust to be reposed.
(8) 
Granting of License.
[Ord. 6159 (repeal & recreate), 4/18/1995]
(a) 
Upon the approval of the application by the Common Council, the City Clerk shall issue to the applicant a license, subject to Section 9.02(3)(a).
(b) 
Pursuant to §§ 125.26(1) and 125.51(1)(a), Wis. Stats., the Clerk/Treasurer may issue temporary Class "B" and Class "A" licenses and temporary operator licenses as provided in § 125.26(6) and 125.51(10), Wis. Stats., without prior approval of the Common Council when the following conditions are met.
[Ord. 6405, [amend (8)(b) & (c)], 11/17/1998]
1. 
The license application is approved by the Chairman of the License and Health Committee, or, if the Chairman is not available, by the Vice Chairman of the License and Health Committee.
2. 
The Aldermen of the district in which the event is to be held approve the application.
(c) 
Applications for a temporary license must be received in the Clerk/Treasurer's Office at least five (5) business days prior to the event. An application for a temporary license received in the Clerk/Treasurer's Office five (5) business days prior to the event without approval of the Common Council must be accompanied by a late fee of fifteen dollars ($15.00) in addition to the temporary licensee fee to defray administrative costs. An application filed less than five (5) business days prior to the event must be accompanied by a late fee of twenty-five dollars ($25.00) in addition to the temporary license fee to defray administrative costs.
[Ord. O-2009-0033, 11/3/2009]
(9) 
Transfer and Lapse of License.
(a) 
A license shall be transferable from one premises to another, if such transfer is first approved by the Common Council. No licensee shall be entitled to more than one transfer in any one license year. Application for transfer shall be made on a form furnished by the City Clerk. Proceedings for such transfer shall be had in the same form and manner as the original application. Whenever a license is transferred, the City Clerk shall forthwith notify the State Treasurer of such transfer.
(b) 
A license shall be transferable from one person to another, as set forth in Sec. 125.04(12)(b) of the Wisconsin Statutes. If licensed premises are transferred to a new owner or tenant, the new occupant must apply for and receive, prior to commencing operations, a Class "B" retailer's license. This section shall apply to licenses held by corporations which transfer same to another corporate entity with or without changing agents to the agent or to other persons. The prospective licensee shall file a new application and pay the required fee, as if it were making an original application. If the applicant is a tenant or subtenant, he shall first secure and present to the Common Council written approval of such tenancy from the owner of such premises.
Preference to applicants for a transfer of any license issued under this subsection shall be given to licensee-tenants who are evicted or threatened with eviction for a refusal to pay an increase in rental in excess of ten percent (10%) of the rentals prevailing for the year next preceding the application for such transfer. A demand upon the part of the landlord that such tenant improve or cause improvements to be made to the real property or to the personal property appurtenant to the licensed premises at a cost which exceeds ten percent (10%) of the rentals prevailing for the year next preceding the application for such transfer shall be construed to be a demand upon the part of the landlord for an increase in rentals in excess of ten percent (10%) of such period.
(c) 
Whenever any licensee under this section shall not conduct his licensed business at the authorized location for a period of thirty (30) consecutive days, the license shall become subject to revocation, unless such thirty-day period shall, for good cause shown, be extended by the Common Council.
[Ord. 6224, 4/2/1996]
(10) 
Numbering, Expiration, and Posting of Licenses.
[Ord. O-2006-0016, 4/18/2006; Ord. O-2013-0014, 4/2/2013]
(a) 
Each license holder shall be assigned a number which shall remain the same for that license holder annually except that the year when the license year commences shall change each license year, shall state clearly the specific premises for which granted, the date of issuance, the fee paid, the name of the licensee, and a statement that the license shall expire on the 30th day of June thereafter, unless revoked by state law or City ordinance.
(b) 
Every person licensed under this section shall post the license and maintain it posted while in force in a conspicuous place in the room or place where alcohol beverages are drawn or removed for service or sale. It shall be unlawful for any person to post the license upon premises other than those identified in the application and grant, or to knowingly deface or destroy the license.
(11) 
Lost Licenses. Whenever a license issued under this section or under Section 9.03 shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license in lieu thereof under the original application shall be issued by the City Clerk upon payment of the fee and satisfying himself as to the facts.
(12) 
Conditions of License. All retail Class "A" and "B" licenses granted hereunder shall be granted 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 applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of City ordinances or State laws.
(b) 
The license holder, and/or the employees and agents of the license holder, shall cooperate with police investigations of disturbances, intoxicated persons, underage persons and other violations of City and state laws. "Cooperate," as used in this subsection, shall mean calling the police when a disturbance of the peace or other violation occurs on the licensed premises and providing complete and truthful responses to police inquiries. A license holder shall also appear before the License and Health Committee when requested to do so and shall otherwise follow the lawful directives of the License and Health Committee.
[Ord. O-2008-0047, 10/7/2008]
(c) 
Each licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises.
(d) 
The licensee shall comply with all other provisions of this section and all other ordinances of the City of West Allis and the laws of the State of Wisconsin.
(13) 
Restrictions.
(a) 
In General. The following restrictions shall apply to the granting of licenses:
1. 
A retail Class "B" fermented malt beverage or intoxicating liquor license shall be issued only for that portion of the premises located on the street level, unless specifically extended by the authority of the Council. This subsection shall not apply to a bona fide club, hotel, bowling alley, lodge room, labor union or ex-servicemen's post.
2. 
No retail Class B fermented malt beverage or intoxicating liquor license or Class C license shall be issued unless the premises is conformed to the sanitary, safety and health requirements of the State Building Code, and the licensee satisfactorily demonstrates compliance with the rules promulgated by the Department of Agriculture, Trade, and Consumer Protection in regard to restaurant sanitation during a sanitation inspection from the West Allis Health Department as set forth in Wis. Stat. Sec. 125.68(5) and West Allis Revised Municipal Code Section 7.04(6).
[Ord. O-2017-0013, 3/21/2017]
(b) 
It shall be unlawful for any person to sell, dispense or serve alcohol beverages by means of a drive-through facility. In this section, "drive-through facility" means any vehicle related commercial facility in which a service is provided or goods, food or beverages are sold, served or dispensed to an operator or passengers of a vehicle without the necessity of the operator or passengers disembarking from the vehicle.
[Ord. 6110, 7/19/1994]
(14) 
Health Rules. Each premises shall be maintained in a sanitary manner and shall be a safe and proper place for the purpose for which used. The Health Commissioner of the City may make reasonable and general rules for the sanitation of all places of business possessing licenses under this section. Such rules or regulations may be classified and made applicable according to the class of business conducted. All such rules and regulations and infractions thereof may be punished as a violation of this section.
(15) 
Closing Hours.
(a) 
Class "A" Premises. Class "A" premises may not remain open for the sale of fermented malt beverages or intoxicating liquor:
1. 
Between 9:00 P.M. and 8:00 A.M.
2. 
On Christmas Eve, December 24, of each year, between the hours of 7:00 P.M. and 8:00 A.M. of the following day, except when December 24 falls on a Sunday, in which event, between the hours of 7:00 P.M. and 10:00 A.M. on the following day.
(b) 
Class "B" Premises. Between 9:00 P.M. and 8:00 A.M., no person may sell fermented malt beverages or intoxicating liquor in an original unopened package, container or bottle or for consumption away from the premises.
(c) 
No person shall enter or remain upon licensed premises while such premises are closed, pursuant to statute or ordinance. This section shall not apply to the license holder or agents and employees of the license holder who are performing bona fide services related to the licensed business.
(16) 
Operator's Licenses.
[Ord. O-2003-0038, 6/3/2003; Ord. O-2013-0014, 4/2/2013]
(a) 
Operator's License. An operator's license shall entitle the holder thereof to work as an operator upon premises licensed under a retail Class "A" intoxicating liquor or fermented malt beverage license, a retail Class "B" intoxicating liquor or fermented malt beverage license, or a retail Class "C" wine license. Such licenses will be issued by the Common Council only to persons meeting the requirements set forth in Sections 125.04(5) and 125.17(6) of the Wisconsin Statutes. The license shall be valid for a period of two (2) years, except that it shall be deemed to have been issued July 1 and shall expire on June 30 of the second year.
(b) 
Provisional Operator's License. The City Clerk is authorized to issue a provisional operator's license. Such provisional license shall be issued only when the City Clerk has determined that the applicant has a satisfactory record. Or, the City Clerk shall issue a provisional operator's license to an applicant who, at the time of application for an operator's license and payment of the fee, files with the City Clerk a certified copy of a valid operator's license issued by another municipality. Any false statements made by the licensee on the application may result in revocation of the license by the City Clerk. Such provisional license shall be valid for not to exceed sixty (60) days or until action of the Common Council, whichever first occurs.
(c) 
Temporary License. The City Clerk is authorized to issue a temporary operator's license to applicants meeting the qualifications of Subsection (a) if the applicant will be employed by or donating his services to nonprofit corporations and has not held another temporary license during the license year. The temporary license shall be valid for up to fourteen (14) days and the period for which it is valid shall be stated on the license.
(d) 
Application. A written application shall be filed biennially with the City Clerk, stating the name, residence, age and sex of the applicant. The application shall be referred to the Chief of Police for a report. A license fee and record check fee must accompany the application. There will be no refund of the fees if the license is not subsequently granted.
(e) 
Possession. Each person who holds an operator's license shall carry that license on his person while engaged in serving alcoholic beverages.
(17) 
Loitering by Underage Persons Where Alcohol is Illegally Served.
[Ord. 6188 (repeal & recreate), 9/19/1995]
(a) 
No underage person shall enter, remain or loiter in any public or private place with the knowledge that any fermented malt beverage or other alcohol beverage is being sold, dispensed, served, given away or made available to underage persons.
(b) 
This subsection shall not apply to underage persons who are accompanied by a spouse who has attained the legal drinking age or a parent or guardian.
(c) 
No adult may knowingly suffer or permit any underage person to enter, remain or loiter in any premises, public or private, where alcohol beverages are served, sold, dispensed, given away or made available to underage persons, unless such underage person is accompanied by a spouse who has attained the legal drinking age, a parent or guardian.
(18) 
List of Employees and Performers.
(a) 
Every person holding a Class "B" Fermented Malt Beverage or Intoxicating Liquor License shall maintain a current list of all persons employed to work in the premises. The list shall also include those persons employed to work after closing hours for the purposes of cleaning the premises.
(b) 
Every person holding a Class "B" Fermented Malt Beverage or Intoxicating Liquor License who affords patrons entertainment by, or performance of, any act, stunt, music, song or dance by performers under his auspices, whether such performances are paid or not, shall maintain a current list of all performers who perform in the licensed premises.
(c) 
The lists required above shall contain the name or names (legal, trade and alias), current address and date of birth of each employee or performer and shall be provided to any police officer upon request.
(19) 
Entertainment Standards.
(a) 
No person shall, on a licensed Class "B" fermented malt beverages or intoxicating liquor premises, perform acts of or acts which constitute or simulate:
1. 
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; or,
2. 
The touching, caressing or fondling of the breast, buttocks, anus or genitals; or,
3. 
The displaying of human genitals, buttocks or pubic area or the female breast below the top of the areola.
(b) 
No person shall, on a licensed premises, use artificial devices or inanimate objects to perform, simulate or depict any of the prohibited conduct or activities described in subsection (a).
(c) 
It shall be unlawful for any person to show, display or exhibit on a licensed premises, any film, video, still picture, electronic reproduction or any other visual reproduction or image of any act, other visual reproduction or image of any act or conduct described in subsections (a) and (b).
(d) 
No person holding a Class "B" fermented malt beverage or intoxicating liquor license, nor his agents or employees, shall allow or permit in or upon the licensed premises any act or conduct described in subsections (a), (b) and (c).
(20) 
License Suspension, Revocation or Nonrenewal.
[Ord. O-2013-0014, 4/2/2013]
(a) 
Causes. Any license issued under this section may be suspended, revoked, or non-renewed for cause by the Common Council after notice to the licensee and a hearing. Licenses may be suspended, revoked, or not renewed for the following causes:
1. 
The making of any material false statement in any application for a license.
2. 
The conviction of the licensee, his agent, manager, operator, or any other employee for keeping a gambling house or a house of prostitution or any felony related to the licensed operation.
3. 
A showing that the licensee has violated any state law or City ordinance prohibiting the sale of intoxicating liquors or fermented malt beverages to underage persons or to any person who is intoxicated or bordering on intoxication.
4. 
The violation of any of the applicable provisions of Section 9.02.
5. 
The violation of any of the excise laws of this state, or failure to provide proof that the licensee is in good standing as required by Sections 77.61(1) and 125.04(5)(a) of the Wisconsin Statutes.
6. 
The licensed premises is operated in such a manner that it constitutes a public or private nuisance or that conduct on or emanating from the licensed premises, including but not limited to loud and raucous noise, has had a substantial adverse effect upon the health, safety, convenience or prosperity of the immediate neighborhood.
7. 
Failure of the licensee to operate the premises in accordance with the floor plan or plan of operation submitted pursuant to Section 9.02(4).
8. 
If the licensee is a corporation or licensed limited partnership, the conviction of the corporate agent, officers, directors, members or any shareholders holding twenty percent (20%) or more of the corporation's total or voting stock, or proxies for that amount of stock, or any of the offenses enumerated in Section 125.12(2)(ag) of the Wisconsin Statutes.
9. 
Any of the grounds set forth in Section 125.12(2)(ag) of the Wisconsin Statutes.
10. 
The licensee is a habitual law offender as set forth in 125.04(5)(b) of the Wisconsin Statutes.
11. 
The failure to pay any tax or forfeiture as provided in Section 1.08(a).
12. 
The City has been notified pursuant to Section 125.33(7)(b) and 125.69(4)(b) of the Wisconsin Statutes, that the licensee has failed to pay for alcohol beverages.
(b) 
State Law Applicable. Except as otherwise provided herein, the provisions of Section 125.12(2)(ag) to (c) and 125.12(3) of the Wisconsin Statutes, shall be applicable to proceedings for the suspension, revocation, and nonrenewal of all licenses granted under this section.
(c) 
Commencement of Proceedings. Suspension, revocation, or nonrenewal proceedings may be instituted by the License and Health Committee of the Common Council upon its own motion, upon sworn written charges made and filed with the Clerk/Treasurer by the Chief of Police, or upon a sworn written complaint filed with the Clerk/Treasurer by any City resident.
(d) 
Procedure.
1. 
Upon receipt of a sworn complaint, either from the Chief of Police, a resident of the City, or upon directive of the Committee, the License and Health Committee shall direct the City Attorney to prepare a summons and have the summons and complaint served upon the licensee pursuant to Section 125.12(2)(ar) of the Wisconsin Statutes.
2. 
The summons and complaint shall contain: the date and time for appearance by the licensee; a statement of the Common Council's intention to suspend, revoke, or not renew the license in the event any of the allegations are found to be true; a statement of the reasons for suspension, revocation, or nonrenewal; notification to the licensee of an opportunity to be heard, respond to and challenge the reasons for suspension, revocation, or nonrenewal and to present and cross examine witnesses under oath; notification to the licensee of the right to be represented by counsel of the licensee's choice and at the licensee's expense.
3. 
If the licensee fails to appear on the date and time designated in the summons, the License and Health Committee may enter a default judgment and take the allegations of the complaint to be true. The License and Health Committee shall then deliberate on what sanction, if any, to impose consistent with Section 125.12 of the Wisconsin Statutes.
4. 
If the licensee appears before the License and Health Committee at the date and time designated in the summons and denies the material charges contained in the complaint, an evidentiary hearing shall be scheduled. If the licensee does not appear or appears but does not deny the material charges contained in the complaint, the complaint may be taken as true and the Committee shall hear the arguments of the complainant and, if applicable, the licensee in connection with whether to non-renew, revoke or suspend the license and the length of the suspension.
5. 
If the matter proceeds to hearing before the Committee, the following procedures shall apply:
a. 
The complainant shall first present evidence in support of the complaint.
b. 
After the complainant rests, the licensee may present evidence in opposition to the charges.
c. 
The complainant and licensee may subpoena and present witnesses. All witnesses shall testify under oath or affirmation and shall be subject to cross examination.
d. 
The complainant and licensee shall each be limited to one (1) hour for testimony unless the Chair, subject to approval of the Committee, extends the time to assure a full and fair presentation.
e. 
Questions by Committee members or the advising City Attorney and answers to such questions shall not be counted against the time limitations.
f. 
At the close of testimony, the complainant and licensee shall be given a reasonable time to make arguments upon the evidence produced at hearing.
(e) 
Miscellaneous Procedural Matters.
1. 
At all stages of the proceedings, the licensee shall be entitled to appear in person or by an attorney of his own expense.
2. 
If the complaint is in the name of the Committee or is brought by a City official in his/her official capacity, the complainant shall be represented by a prosecuting City Attorney.
3. 
The Committee shall be, when required, advised by an advisory City Attorney who shall not be the same individual as the prosecuting City Attorney.
4. 
The Chair of the License and Health Committee shall be the presiding officer. The Chair shall direct that oaths and affirmations be administered and subpoenas issued upon request of either side. The Chair shall ensure that an orderly hearing is conducted in accordance with the provisions of this section. The Chair shall rule on objections to the admissibility of evidence. Any ruling of the Chair shall be final unless appealed to the Committee and a majority vote of those members present and voting reverses such ruling.
5. 
An audio recording or stenographic record shall be made of all proceedings at the hearing. Any interested party may obtain a copy of the recording or transcript at his or her own expense.
(f) 
Findings and Recommendations.
1. 
After the close of the hearing, the Committee shall deliberate and reach a decision. The Committee shall prepare findings on factual matters, conclusions of law, and a recommendation on what action, if any, should be taken with regard to the license(s) at issue. The report shall be filed with the City Clerk/Treasurer with a copy to the licensee and complainant. The findings and recommendations shall be distributed to each member of the Common Council.
2. 
The licensee and complainant may file a written statement or response to the findings and recommendation, including objections, exceptions, and arguments of fact and law. A written statement must be filed with the City Clerk/Treasurer before the close of business on a day that is at least three (3) working days prior to the date set for determination by the Common Council. Copies of written statements shall be provided to each member of the Common Council at least twenty-four (24) hours before any vote on the matter is scheduled before the Common Council.
(g) 
Common Council Action.
1. 
Not less than five (5) working days prior to the matter being scheduled before the Common Council, the Clerk/Treasurer shall notify the licensee and complainant by U.S. first class mail, postage prepaid, sent to the last known address, that the Common Council will convene to determine the matter.
2. 
Unless an alderperson states that he/she has not read the findings and recommendations, and written statements, if any, the matter shall proceed to debate amongst members of the Common Council. Neither the complainant nor the licensee shall be permitted to make oral arguments.
3. 
The Common Council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the Committee or make such modification as is deemed appropriate. Such vote shall be a roll call vote. Upon an affirmative vote suspending, revoking, or not renewing the license(s), the Clerk/Treasurer shall give notice to the person whose license is affected. If the Common Council finds the complaint to be untrue or unsupported by sufficient evidence, the proceedings shall be dismissed without cost to the accused.
(h) 
Surrender of License.
1. 
A licensee may, at any time during the license year surrender a license to the City Clerk/Treasurer, along with a statement, in writing, that the licensee no longer wishes to conduct licensed activity at the licensed premises.
2. 
The Clerk/Treasurer shall notify the License and Health Committee of the surrender. Except as set forth in Subsection (h)3. below, the surrender shall operate to extinguish any right the licensee had to the license or to conduct licensed activity at the premises listed in the license.
3. 
If a summons and complaint has been issued against the licensee seeking suspension, revocation, or nonrenewal of the license, the surrender of the license shall be deemed a request and the matter shall be referred to the License and Health Committee. The Committee may approve the request or deny the request and proceed to hearing.
4. 
Any request to have a surrendered license returned shall be treated as a new license application and the requestor must fill out the required applications and pay the required fees. The request shall thereafter be treated as all other new license applications.
(21) 
Fees. The following fees for licenses shall be paid to the City Clerk/Treasurer prior to issuance of the license:
(a) 
Class B Beer: $100.
(b) 
Class B Liquor: $500.
(c) 
Class A Beer: $150.
[Ord. O-2009-0033, 11/3/2009]
(d) 
Class A Liquor: $500.
[Ord. O-2006-0008, 2/7/2006]
(e) 
Temporary Extension of Class B Premises: $70.
[Ord. 6055, 11/15/1993; Ord. O-2009-0033, 11/3/2009]
(f) 
Transfer of Class A or B Licenses: $10.
(g) 
Duplicate License: $10.
[Ord. O-2009-0033, 11/3/2009]
(h) 
Operator's License: $90.
[Ord. 6055, 11/15/1993; Ord. 6215, 3/5/1996; Ord. O-2003-0038, 6/3/2003; Ord. No. O-2009-0012, 3/17/2009]
(i) 
Provisional Operator's License: $15.
(j) 
Temporary Operator's License: $15.
[Ord. No. O-2009-0012, 3/17/2009]
(k) 
Special Class B Beer and Wine License: $10 per event.
(l) 
Outdoor area included in licensed premises: $200 one-time fee.
(m) 
Class C: $100.
[Ord. No. 6329, 9/2/1997]
(n) 
Hearing to exceed quota: $100.
[Ord. O-2007-0031, 9/4/2007]
(o) 
Publication: $15.
[Ord. O-2009-0033, 11/3/2009]
(22) 
Presence of Underage Persons On Specified Dates When No Alcohol Beverages Are Sold.
[Ord. O-2012-0020, 6/19/2012]
(a) 
Underage persons may enter or remain on a Class "B" or "Class B" licensed premises, as set forth in Wisconsin Statutes § 125.07(3)(a)(10), under the following conditions:
1. 
Notification of Dates. The licensee or agent shall notify the Police Chief at least seven (7) days prior to any date on which underage persons will be permitted to enter and remain on the premises. The time period may be waived by the Police Chief or a designee upon determination of good cause or special circumstances.
a. 
Each event shall require separate notification. Notification shall be in writing and contain the following information: dates and times of the event; specific nature of the event, including description of entertainment; number of persons expected on the premises.
2. 
Regulations. The operation of a licensed premises during those times when underage persons are on the premises under this section shall be subject to the following regulations:
a. 
There shall be at least a one-hour period between the serving of the last alcohol beverage and the commencement of operations under this section.
b. 
No alcohol beverages may be consumed, sold or given away in any part of the licensed premises.
c. 
All alcoholic beverages on tables shall be removed.
d. 
The licensee, the agent named in the license if the licensee is a corporation, or a person who has an operator's license shall be on the premises during the event unless all alcohol beverages are stored in a locked portion of the premises.
e. 
The licensee shall be responsible for the adequate supervision of the premises, and such supervision shall consist of adult persons twenty-one (21) years of age or older.
f. 
Closing hours shall be no later than 1:00 a.m. on weekdays and 1:30 a.m. on Saturdays and Sundays.
g. 
No persons under age seventeen (17) shall be allowed on the premises, unless accompanied by a parent.
h. 
All underage persons must be off the licensed premises at least thirty (30) minutes prior to the resumption of alcohol beverage sales.
(23) 
Late Fees. Any application for renewal of licenses submitted after April 30 shall be subject to the applicable late fee listed below and shall be paid to the City Clerk for deposit with the City Treasurer prior to issuance of the license:
[Ord. O-2014-0095, 12/16/2014]
(a) 
Class B Beer: $50.
(b) 
Class B Liquor: $50.
(c) 
Combination Class B Beer and Liquor: $100.
(d) 
Class A Beer: $50.
(e) 
Class A Liquor: $50.
(f) 
Combination Class A Beer and Liquor: $100.
(g) 
Class C: $50.
(24) 
Priority of License Applications. Multiple applications for "Class B" liquor license(s) available under quota.
[Ord. O-2015-0047, 10/6/2015]
(1) 
If more than one complete license application is timely filed with the City Clerk for any available "Class B" liquor license, the City Clerk shall require each applicant to complete a supplemental questionnaire regarding the benefits/impacts of such proposed licensed establishment. Such supplemental questionnaire shall seek information from the applicant as to the following:
(a) 
Number of jobs to be created should the license be granted to the applicant.
(b) 
Scope and cost of any improvements the applicant intends to make to the location sought to be licensed.
(c) 
Size of premises for which the license is sought, including proposed seating capacity of such premises.
(d) 
Certainty of such venture and expected opening date.
(e) 
Potential negative impacts on the neighborhood and how they will be addressed/ameliorated.
(f) 
Potential policing costs.
(g) 
What type of business and clientele the establishment intends to cater to.
(2) 
The City Clerk shall forward all license application materials to the License and Health Committee for review.
(3) 
The License and Health Committee shall review all materials submitted. Its recommendation to the Common Council on granting such available "Class B" license(s) shall be based upon its determination as to which application will provide the most benefit to the City with the fewest negative impacts. In making its recommendation, the License and Health Committee shall evaluate the factors set forth in Subsection (1) for each license application. The License and Health Committee, in its recommendation, shall indicate how each factor is met and to what extent. The order in which applications were received shall be given no weight.
(4) 
In granting such license, the Common Council shall give consideration to the recommendation of the License and Health Committee and shall also make its own determination regarding the factors set forth in Subsection (1) above. Any license decision to grant a license where multiple complete applications for such license are timely filed with the Clerk's office shall be based upon the Council's determination as to which application the Council determines shall provide the most economic benefit to the City.

9.032 Tavern Instrumental Music Licenses.

[Ord. 6539, (repeal and recreate) 11/6/2000]
(1) 
License Required. No person holding a Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license, nor the licensee's agents or employees shall provide, maintain, suffer or permit in or upon the licensed premises any instrumental music or singing accompanied by pre-recorded music (commonly referred to as "karaoke") without having first obtained a license therefor as hereinafter provided. Such music and singing shall be discontinued thirty (30) minutes prior to the established closing time set forth in Chapter 125 of the Wisconsin Statutes. The license shall be construed to permit singing by members of the musical group engaged to perform on the licensed premises or by members of the audience performing karaoke, however, no dancing shall be permitted under such license unless a dance hall license has been obtained pursuant to Section 9.05.
(2) 
Application. Application for a license required by this section shall be made in writing upon a form prescribed by and filed with the City Clerk/Treasurer. The application shall contain the following information:
(a) 
The name and address of the person, corporation, partnership, limited liability company or other entity applying for the license. Said applicant must be the same as the person or entity holding the Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license.
(b) 
Whether the applicant has, within five (5) years prior to the date of application, been licensed to sell alcohol beverages, and whether any such licenses were ever suspended or revoked and a statement of the reasons therefor.
(c) 
The location of the premises for which the license is sought and identification of the Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license held for the premises.
(d) 
If, during the pendancy of the application, or during the term of any license granted, there is any change in fact which would alter the information given on the application, the applicant shall notify the Clerk/Treasurer in writing thereof within ten (10) days after such change.
(3) 
License Fee. The fee for an instrumental music license shall be one hundred forty dollars ($140.00). The fee shall accompany each application. The full license fee shall be charged for the whole or fraction of the license year, except as provided in Paragraph (8).
[Ord. O-2009-0033, 11/3/2009]
(4) 
Granting of License.
(a) 
Upon receipt of a proper application and the prescribed license fee, the Clerk/Treasurer shall forward such application to the Common Council for consideration. Within sixty (60) days of receiving an application, the Common Council shall grant or deny the license or hold the application for an additional thirty (30) days, unless otherwise agreed to by the applicant.
(b) 
The Common Council shall examine all applications filed, as herein provided, and shall make or cause to be made such further investigation of the application as it deems necessary. The Common Council shall approve a license only if it finds all of the following facts exist:
(1) 
That all of the statements made in the application are true;
(2) 
Subject to §§ 111.321, 111.322 and 111.335 of the Wisconsin Statutes, that the applicant or, if the applicant is not an individual, that every member, managing officer or agent of the applicant has not been convicted of any offense involving dishonesty or moral turpitude and has not been convicted of any violation of the law relating to the public health and safety;
(3) 
That the premises for which a license is sought will comply with the provisions of this section and all other applicable rules, regulations, ordinances and state laws, specifically including, but not limited to, zoning regulations, building code requirements, fire prevention code, and health code requirements;
(4) 
That the proposed instrumental music will comply with all applicable rules, regulations, ordinances and state laws, specifically including, but not limited to, noise limitations;
(5) 
If the applicant is a corporation, that it is licensed to do business and is in good standing with the State of Wisconsin;
(6) 
That the applicant holds a Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license for the premises for which the instrumental music license is sought and is otherwise entitled to a license under the provisions of this section.
(c) 
Upon approval of the application by the Common Council, a license shall be issued to the applicant by the Clerk/Treasurer. Any license issued under this section shall be nonassignable and nontransferable from person to person or from one premises to another.
(d) 
Whenever an application is denied or held for further investigation, the Clerk/Treasurer shall advise the applicant, in writing, of the action taken and the reasons for such action. The Clerk/Treasurer shall also advise the applicant of the right to request that the Common Council review its determination, pursuant to Section 2.48 of the West Allis Revised Municipal Code.
(5) 
Expiration, Transfer and Lapse of License.
(a) 
All licenses issued as herein provided shall expire on the 30th day of June of each year.
(b) 
Any license issued pursuant to this section shall lapse and become void whenever the Common Council or licensee shall not renew the retail Class "B" fermented malt beverage, Class "B" intoxicating liquor or Class "C" wine license or said license is revoked by the Common Council. If any such retail Class "B" or "C" license shall be suspended, the license issued under this section shall be deemed suspended for a like period, without further action by the Common Council.
(c) 
No license or interest in a license may be transferred to any person, partnership or corporation. The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
(6) 
Display of License. Any person licensed in accordance with the provisions of this section shall keep his license posted in a prominent place upon the license premises.
(7) 
Revocation, Suspension or Nonrenewal. A license may be suspended for a period not to exceed ninety (90) days, revoked or not renewed by the Common Council for disorderly conduct upon the licensed premises or for any violation by the licensee, his agents or employees, of any provision of this section, or any ordinance or law relating to the use or occupation of the licensed premises. If at any time a license is revoked, at least one (1) year shall elapse before another license shall be given for the same premises or to the same licensee. Any revocation or suspension may be in addition to any forfeiture imposed under this section. The procedures set forth in § 125.12 of the Wisconsin Statutes and Section 9.02(20) of the Revised Municipal Code shall apply to revocation, suspensions and nonrenewals of instrumental music licenses.
(8) 
Special Permits. A special instrumental music permit may be issued by the Clerk/Treasurer for a particular forty-eight hour period, upon approval by the Common Council. The applicant must meet all criteria for license approval set forth in Paragraph (2). Application for any such permit shall be made in writing upon a form prescribed by and filed with the Clerk/Treasurer, in accordance with the provisions of Paragraph (3). Not more than ten (10) special permits for either instrumental music shall be issued for the same premises in any license year. Subsequent to the issuance of an initial permit for a premises, the Clerk/Treasurer may issue additional permits for each premises, as provided in this paragraph, without further investigation of applications for any such premises and without the Council's approval for the entire period the license is held by the same individual or corporation and for the same licensed premises. A special permit, when issued, shall entitle the holder thereof, for a particular forty-eight-hour period to the respective privileges accompanying the corresponding license provided for in this section. Any violation of this section by the permit holder or any reported unreasonably loud music or disorderly conduct on the premises shall be deemed cause for suspension or denial of any further special permit privileges. A permit fee of twenty dollars ($20.00) shall accompany the application. Such fee shall be nonrefundable.
[Ord. O-2009-0033, 11/3/2009]
(9) 
Penalties. Any person violating any of the provisions of this section shall, upon conviction thereof, forfeit not less that fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or in default of payment of said forfeiture and costs, punishment shall be suspension of the defendant's operating privileges pursuant to §§ 343.30 and 345.47, Wis. Stats., or by imprisonment in the Milwaukee County House of Corrections or Milwaukee Jail until payment of the forfeiture and costs, but not in excess of the number of days set forth in § 800.095(4), Wis. Stats.

9.033 Tavern Entertainment License — Special Entertainment.

[Ord. 6540 (amended) 2/6/2001]
(1) 
License Required. No person holding a retail Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license, nor the licensee's agents or employees, shall provide, maintain, suffer or permit in or upon the licensed premises [as described in §§ 125.26(3), 125.51(3)(d), and 125.51(3m)(d), Wis. Stats.], any singing or dancing floor shows, cabaret shows, lingerie shows, exotic dancing, or similar type of show or entertainment, whether live or prerecorded music is used or not, without having first obtained a license therefor as hereinafter provided. Such entertainment shall discontinue thirty (30) minutes prior to the established closing time for the licensed premises. No instrumental music license under Section 9.032 shall be required of any person holding a valid license under this section.
[Ord. No. O-2009-0017, 6/2/2009]
(2) 
Location. No person shall be granted an entertainment license if the licensed premises is located:
(a) 
Within five hundred (500) feet of a residential area as defined in Section 9.28(1)(k) of the Revised Municipal Code.
(b) 
Within five hundred (500) feet of an adult-oriented establishment as defined in Section 9.28(1)(a) of the Revised Municipal Code.
(c) 
Within five hundred (500) feet of another business holding an entertainment license under this section or Section 9.034 of the Revised Municipal Code.
[Ord. No. O-2009-0017, 6/2/2009]
(d) 
Within five hundred (500) feet of any pre-existing school, church, or day-care center as defined in Sections 9.28(1)(h), 9.28(1)(j), and 9.28(1)(l) of the Revised Municipal Code.
[Ord. No. O-2009-0017, 6/2/2009]
(e) 
For purposes of this ordinance, distances are to be measured in a straight line without regard to intervening structures or objects, from the property line of the licensed premises to the nearest property line of an adult-oriented establishment, school, church, day-care center, residential area, or other premises holding a license under this section.
(3) 
Application. Application for a license required by this section shall be made in writing upon a form prescribed by and filed with the Clerk/Treasurer. The application herein required shall contain the following information under oath:
(a) 
The name and address of the person, corporation, partnership, limited liability company or other entity applying for the license. Said applicant must be the same as the person holding the Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license.
(b) 
If the applicant is not an individual, the names and addresses of the partners or the applicant's principal officers and agent under § 125.04(6), Wis. Stats.
(c) 
If the applicant, or in the event the applicant is not an individual person, if any partner, principal officer, or agent of the applicant has been convicted in a court of competent jurisdiction of any offense, criminal or civil forfeiture, other than parking offenses or minor traffic offenses, including dates of conviction, nature of the offense, and location of the offense for such all offenses within the five-year period immediately preceding the date of application unless the applicant has been duly pardoned.
(d) 
If the applicant, or in the event the applicant is not an individual person, if any partner, principal officer, or agent of the applicant has, within five (5) years prior to the date of application, been licensed to sell alcohol beverages and whether any such license was suspended, revoked, or not renewed and a statement of the reasons therefor.
(e) 
A statement of the specific nature of the entertainment to be provided.
(f) 
The location of the premises for which the license is sought and identification of the Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license held for the premises.
(4) 
Duty to Cooperate. Failure or refusal of the applicant to give any information relevant to the investigation of the application, or the applicant's refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or the applicant's refusal to submit to or cooperate with any investigation required or deemed necessary shall constitute an admission by the applicant that the applicant is ineligible for such license and shall be grounds for denial thereof.
(5) 
Notification of Changes. If, while any application is pending, or during the term of any license granted thereon, there is any change in fact that would alter the information given on the application, the applicant or licensee shall notify the Clerk/Treasurer in writing thereof within ten (10) days after such change.
(6) 
License Fee. The fee for a license issued under this section shall be $1,400.00. The license fee shall accompany each application. The full license fee shall be charged for the whole or fraction of the license year.
[Ord. O-2009-0033, 11/3/2009]
(7) 
Processing of Application and Issuance of License.
(a) 
Upon receipt of a proper application and the prescribed license fee, the Clerk/Treasurer shall provide copies of the application to the Police Department, Building Inspection Department, and other applicable departments for their investigation and review to determine compliance of the proposed tavern entertainment with the laws and regulations each department administers. Each department shall, within thirty (30) days, report back to the Clerk/Treasurer whether the applicant and premises comply with the laws and regulations administered by each department. No license may be issued unless each department reports that the applicant and premises comply with all relevant laws and regulations. A department shall recommend denial of a license if it finds that the proposed applicant or premises are not in conformance with the requirements of this section, the ordinances of the City of West Allis, the laws of the State of Wisconsin, or any other applicable law or regulation. A recommendation for denial shall be in writing and cite the specific reason or reasons therefor.
(b) 
With sixty (60) days of receiving a completed application and fee, the Common Council shall grant or deny the license or hold the application for an additional period of time as agreed to by the applicant.
(c) 
The Common Council shall examine all applications filed and shall make or cause to be made such further investigation as it deems necessary. The Common Council shall approve a license only if it finds all of the following:
1. 
That all of the statements made in the application are true.
2. 
Subject to §§ 111.321, 111.322, and 111.335 of the Wisconsin Statutes, that the applicant or, if the applicant is not an individual, that every partner, principal officer, and agent appointed pursuant to Section 125.04(6) has not been convicted of any offense substantially related to the operation of a tavern entertainment establishment.
3. 
That the premises for which the license is sought will comply with the provisions of this section and all other applicable rules, regulations, ordinances, and state laws, specifically including, but not limited to, zoning regulations, Building Code, Fire Prevention Code, and Health Code requirements.
4. 
That the proposed entertainment will comply with all applicable rules, regulations, ordinances, and state laws, specifically including, but not limited to, noise limitations, performance standards, and distancing requirements under Sections 7.035, 9.02(19), and 18.03(3)(m) of the Revised Municipal Code.
[Ord. No. O-2009-0017, 6/2/2009]
5. 
If the applicant is a corporation that it is licensed to do business in the State of Wisconsin and is in good standing.
6. 
That the applicant holds a Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license for the premises for which an entertainment license is sought.
(d) 
Upon approval of the application by the Common Council, a license shall be issued to the applicant by the Clerk/Treasurer. Any license issued under this section shall be non-assignable and nontransferable from person to person or from one premises to another.
(e) 
Whenever an application is denied, the Clerk/Treasurer shall advise the applicant in writing of the action taken and the reasons for such action. The Clerk/Treasurer shall also advise the applicant of the right to request that the Common Council review its determination pursuant to § 2.48(5) of the Revised Municipal Code.
(8) 
Display of License. The license shall be displayed in a conspicuous public place in the tavern entertainment establishment.
(9) 
Renewal of License.
(a) 
Every license issued pursuant to this section shall terminate on June 30th pursuant to Section 9.015, unless sooner revoked, and must be renewed before operation is allowed in the following license year. Any operator desiring to renew a license shall make application to the Clerk/Treasurer. The application for renewal must be filed on or before May 1st. Operators filing a renewal application shall provide the information required by Subsection 9.033(3) and shall be processed pursuant to Subsection 9.033(7).
[Ord. No. O-2009-0017, 6/2/2009]
(b) 
A license renewal fee of $1,400.00 shall be submitted with the application for renewal.
[Ord. O-2009-0033, 11/3/2009]
(10) 
Transfer of License. No license issued pursuant to this section shall be assignable or transferable. For purposes of this section, "assignable" or "transferable" shall mean and include any of the following:
(a) 
The sale, lease, or sublease of the business; or
(b) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, gift, exchange, or similar means; or
(c) 
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business.
(11) 
Suspension, Revocation, and Nonrenewal of License.
(a) 
A license may be suspended for a period not to exceed ninety (90) days, revoked, or not renewed by the Common Council for participating in, allowing, or suffering disorderly conduct or sexual offenses in or around the licensed premises or for any violation by the permittee, the licensee, or the licensee's agents, employees, or entertainers, of any of the provisions of this section, or any ordinance or law relating to the use or occupation of the licensed premises. If a, license is revoked or not renewed, at least two (2) years shall elapse before another license or permit shall be given for the same premises or to the same licensee or permittee. Any suspension, revocation, or nonrenewal may be in addition to any forfeiture imposed under this section or other penalty imposed by law. The procedures set forth in § 125.12 of the Wisconsin Statutes shall apply to suspensions, revocations, and non-renewals of entertainment licenses and permits.
(12) 
Exceptions. A tavern entertainment license is not required if the entertainment consists of dart games, amusement devices for which a license is required under Section 9.08 of this code, pool or billiard tables, or bowling.
(13) 
Pre-Existing Entertainment Licenses and Discontinuation of Operation. Holders of Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine licenses who also possess an entertainment license at the time of passage of this ordinance are exempt from the locations provisions of Paragraph 9.033(2). Any transfer of the entertainment license from the licensed premises to any other premises shall cause said entertainment license to lapse and become void. Any discontinuation in the operation of the licensed premises for a period of six (6) months shall also cause the entertainment license to lapse and become void. A licensee whose license has lapsed and become void shall thereafter be subject to the location requirements in Paragraph 9.033(2).
[Ord. No. O-2009-0017, 6/2/2009]

9.034 Tavern Entertainment License - Other Entertainment.

[Ord. No. O-2009-0016, 6/16/2009]
(1) 
License Required. No person holding a retail Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license, nor the licensee's agents or employees, shall provide, maintain, suffer or permit in or upon the licensed premises [as described in §§ 125.26(3), 125.51(3)(d), and 125.51(3m)(d), Wis. Stats.], any entertainment, exposition, or show, other than shows listed in Section 9.033, whether live or prerecorded music is used or not, without having first obtained a license therefor as hereinafter provided. Such entertainment shall discontinue thirty (30) minutes prior to the established closing time for the licensed premises. No instrumental music license under Section 9.032 shall be required of any person holding a valid license under this section.
(2) 
Application. Application for a license required by this section shall be made in writing upon a form prescribed by and filed with the Clerk/Treasurer. The application herein required shall contain the following information under oath:
(a) 
The name and address of the person, corporation, partnership, limited liability company or other entity applying for the license. Said applicant must be the same as the person holding the Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license.
(b) 
If the applicant is not an individual, the names and addresses of the partners or the applicant's principal officers and agent under § 125.04(6), Wis. Stats.
(c) 
If the applicant or, in the event the applicant is not an individual person, if any partner, principal officer, or agent of the applicant has been convicted in a court of competent jurisdiction of any offense, criminal or civil forfeiture, other than parking offenses or minor traffic offenses, including dates of conviction, nature of the offense, and location of the offense for such all offenses within the five-year period immediately preceding the date of application unless the applicant has been duly pardoned.
(d) 
If the applicant or, in the event the applicant is not an individual person, if any partner, principal officer, or agent of the applicant has, within five (5) years prior to the date of application, been licensed to sell alcohol beverages and whether any such license was suspended, revoked, or not renewed and a statement of the reasons therefor.
(e) 
A statement of the specific nature of the entertainment to be provided.
(f) 
The location of the premises for which the license is sought and identification of the Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license held for the premises.
(3) 
Duty to Cooperate. Failure or refusal of the applicant to give any information relevant to the investigation of the application, or the applicant's refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or the applicant's refusal to submit to or cooperate with any investigation required or deemed necessary shall constitute an admission by the applicant that the applicant is ineligible for such license and shall be grounds for denial thereof.
(4) 
Notification of Changes. If, while any application is pending, or during the term of any license granted thereon, there is any change in fact that would alter the information given on the application, the applicant or licensee shall notify the Clerk/Treasurer in writing thereof within ten (10) days after such change.
(5) 
License Fee. The fee for a license issued under this section shall be two hundred fifty dollars ($250.). The license fee shall accompany each application. The full license fee shall be charged for the whole or fraction of the license year.
(6) 
Processing of Application and Issuance of License.
(a) 
Upon receipt of a proper application and the prescribed license fee, the Clerk/Treasurer shall provide copies of the application to the Police Department, Building Inspection Department, and other applicable departments for their investigation and review to determine compliance of the proposed tavern entertainment with the laws and regulations each department administers. Each department shall, within thirty (30) days, report back to the Clerk/Treasurer whether the applicant and premises comply with the laws and regulations administered by each department. No license may be issued unless each department reports that the applicant and premises comply with all relevant laws and regulations. A department shall recommend denial of a license if it finds that the proposed applicant or premises are not in conformance with the requirements of this section, the ordinances of the City of West Allis, the laws of the State of Wisconsin, or any other applicable law or regulation. A recommendation for denial shall be in writing and cite the specific reason or reasons therefor.
(b) 
With sixty (60) days of receiving a completed application and fee, the Common Council shall grant or deny the license or hold the application for an additional period of time as agreed to by the applicant.
(c) 
The Common Council shall examine all applications filed and shall make or cause to be made such further investigation as it deems necessary. The Common Council shall approve a license only if it finds all of the following:
1. 
That all of the statements made in the application are true.
2. 
Subject to §§ 111.321, 111.322, and 111.335 of the Wisconsin Statutes, that the applicant or, if the applicant is not an individual, that every partner, principal officer, and agent appointed pursuant to Section 125.04(6) has not been convicted of any offense substantially related to the operation of a tavern entertainment establishment.
3. 
That the premises for which the license is sought will comply with the provisions of this section and all other applicable rules, regulations, ordinances, and state laws, specifically including, but not limited to, zoning regulations, Building Code, Fire Prevention Code, and Health Code requirements.
4. 
That the proposed entertainment will comply with all applicable rules, regulations, ordinances, and state laws, specifically including, but not limited to, noise limitations, performance standards, and distancing requirements under Sections 7.035, 9.02(19), and 18.03(3)(m) of the Revised Municipal Code.
5. 
If the applicant is a corporation that it is licensed to do business in the State of Wisconsin and is in good standing.
6. 
That the applicant holds a Class "B" fermented malt beverage, Class "B" intoxicating liquor, or Class "C" wine license for the premises for which an entertainment license is sought.
(d) 
Upon approval of the application by the Common Council, a license shall be issued to the applicant by the Clerk/Treasurer. Any license issued under this section shall be non-assignable and nontransferable from person to person or from one premises to another.
(e) 
Whenever an application is denied, the Clerk/Treasurer shall advise the applicant in writing of the action taken and the reasons for such action. The Clerk/Treasurer shall also advise the applicant of the right to request that the Common Council review its determination pursuant to Section 2.48(5) of the Revised Municipal Code.
(7) 
Display of License. The license shall be displayed in a conspicuous public place in the tavern entertainment establishment.
(8) 
Renewal of License.
(a) 
Every license issued pursuant to this section shall terminate on June 30th pursuant to Section 9.015, unless sooner revoked, and must be renewed before operation is allowed in the following license year. Any operator desiring to renew a license shall make application to the Clerk/Treasurer. The application for renewal must be filed on or before May 1st. Operators filing a renewal application shall provide the information required by Subsection 9.034(2) and shall be processed pursuant to Subsection 9.034(6).
(b) 
A license renewal fee of two hundred fifty dollars ($250.) shall be submitted with the application for renewal.
(9) 
Transfer of License. No license issued pursuant to this section shall be assignable or transferable. For purposes of this section, "assignable" or "transferable" shall mean and include any of the following:
(a) 
The sale, lease, or sublease of the business; or
(b) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, gift, exchange, or similar means; or
(c) 
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business.
(10) 
Suspension, Revocation, and Nonrenewal of License.
(a) 
A license may be suspended for a period not to exceed ninety (90) days, revoked, or not renewed by the Common Council for participating in, allowing, or suffering disorderly conduct or sexual offenses in or around the licensed premises; or for any violation by the permittee, the licensee, or the licensee's agents, employees, or entertainers, of any of the provisions of this section; or any ordinance or law relating to the use or occupation of the licensed premises. If a license is revoked or not renewed, at least two (2) years shall elapse before another license or permit shall be given for the same premises or to the same licensee or permittee. Any suspension, revocation, or nonrenewal may be in addition to any forfeiture imposed under this section or other penalty imposed by law. The procedures set forth in Section 125.12 of the Wisconsin Statutes shall apply to suspensions, revocations, and nonrenewals of entertainment licenses and permits.
(11) 
Exceptions. A tavern entertainment license is not required if the entertainment consists of dart games, amusement devices for which a license is required under Section 9.08 of this Code, pool or billiard tables, or bowling.
(12) 
Discontinuation of Operation. Any transfer of the entertainment license from the licensed premises to any other premises shall cause said entertainment license to lapse and become void. Any discontinuation in the operation of the licensed premises for a period of six (6) months shall also cause the entertainment license to lapse and become void.
(13) 
Special Entertainment. A license issued under this section shall not constitute a license to engage in entertainment under Section 9.033 of the Revised Municipal Code.

9.035 Massage Parlors.

(1) 
Definitions. As used in this section.
(a) 
"Massage" means any manipulation of the soft tissue of the human body by touching, rubbing, stroking, kneading, pounding, tapping, vibrating or other similar process by physical or mechanical means.
(b) 
"Massage parlor" means any establishment wherein massage is practiced, offered or permitted.
(c) 
"Massage technician" means any person who engages in the practice of giving a massage.
(d) 
"Patron" means any person who receives a massage for the payment of money or other consideration.
(2) 
License Required. No person, firm or corporation shall establish or engage in the business of operating a massage parlor within the City without having first obtained a license therefor as hereinafter provided.
(3) 
Application For License. Application for a license shall be made in writing upon a form prescribed by and filed with the City Clerk. The application shall set forth the information required by the terms of this section.
(4) 
License Fee. The license fee shall be four hundred fifty dollars ($450.00) per year and shall accompany each application.
[Ord. O-2009-0033, 11/3/2009]
(5) 
Investigation. Upon receipt of a proper application and the prescribed fee, the City Clerk shall forward such application to the Common Council and copies of the application to the Commissioner of Health, the Building Inspector and the Chief of Police, and those officials shall cause an investigation to be made to determine compliance with this section and all other applicable rules, regulations, ordinances and state laws. Following the receipt of the reports of such investigations, the City Clerk shall forward such reports to the Common Council.
(6) 
Granting of License. The Common Council shall grant a license if it is found:
(a) 
That the business operation, as proposed by the applicant, will comply with the provisions of this section and all other applicable rules, regulations, ordinances and state laws;
(b) 
That the applicant, if an individual, or any of the officers, directors or persons holding more than ten percent (10%) of the corporate stock, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, have not been convicted in a court of competent jurisdiction of any offense involving dishonesty or moral turpitude, nor have a history of violation of laws that apply to health and safety;
(c) 
That the applicant, if an individual, or the officers, directors, or persons holding more than ten percent (10%) of the corporate stock, if the applicant is a corporation, or partners, including limited partners, if the applicant is a partnership, are at least eighteen (18) years of age on the date of the application;
(d) 
That the applicant has not knowingly, and with intent to deceive made any false, misleading or fraudulent statement of fact in the license application, or other information required in conjunction therewith; and,
(e) 
That the applicant, if a corporation, is licensed to do business and is in good standing in the State of Wisconsin.
(7) 
Expiration of License. The license shall expire twelve (12) months after the date of issuance. Upon the transfer of any interest in a massage parlor, the license shall be null and void.
(8) 
Suspension or Revocation of License. Any license issued pursuant to the provisions of this section is subject to suspension or revocation by the Common Council. Violation of any provision of this section or of any rule or regulation established pursuant to this section shall be sufficient grounds for suspension or revocation. A violation by a duly authorized agent or employee of a license shall constitute a violation by the licensee. No license shall be suspended or revoked without first providing the licensee with due notice and hearing before the Common Council for the purpose of determining whether or not grounds for such suspension or revocation exist. In the event a license is suspended or revoked, written notice of such suspension or revocation, together with the reasons therefor shall be given to the licensee.
(9) 
Structural and Maintenance Standards.
(a) 
Separate shower facilities shall be provided for each sex. Shower facilities shall be constructed and maintained in compliance with Wisconsin Administrative Code Section Ind. 22.14. Steam room and sauna bath facilities as are provided shall be separate for each sex.
(b) 
Separate toilet facilities shall be provided for each sex. Toilet facilities shall be constructed and maintained in compliance with Wisconsin Administrative Code Section Ind. 54.12.
(c) 
A wash basin shall be installed and maintained in each room utilized for massage in compliance with Wisconsin Administrative Code Section 22.14.
(d) 
Separate rooms for massage shall be provided. Such rooms shall be sufficient size to afford at least four hundred (400) cubic feet of air space for each occupant and no greater number of occupants than the number herein provided shall be permitted in any such room. The floor and wall surfaces of all such rooms shall be light colored and shall be constructed of hard, durable, non-absorbent and easily cleanable material. Wall paper and carpeting is not permitted.
(e) 
All rooms utilized for massage shall, during business hours, have a sustained minimum white light illumination of thirty (30) foot candles, measured on a plane thirty (30) inches above the floor.
(f) 
All separate rooms and other facilities for each sex, as required by this section, shall be clearly identified by signs.
(g) 
Rooms utilized for massage that are provided with doors shall not be locked or capable of being locked. The interior of each such room shall, during business hours, remain visible from its entranceway.
(h) 
Separate dressing areas and locker facilities shall be provided for each sex. Lockers shall be adequate to provide security and convenience for employees and patrons.
(i) 
The heating and ventilation requirements of the Wisconsin Administrative Code Chapter Ind. 59, as such chapter relates to locker rooms, shower rooms, toilet rooms and natatoriums, shall apply to Massage Parlor operations.
(j) 
Massage parlors shall have a janitor's closet which shall be utilized for the storage of cleaning supplies. Such closet shall include a mop sink.
(k) 
Massage parlors shall be constructed and maintained in compliance with all other applicable building, fire, electrical, plumbing and health regulations, ordinances and state laws, not in conflict with the provisions of this section.
(10) 
Health and Sanitation Standards.
(a) 
Sanitary towels, washcloths, cleaning agents and similar items shall be provided for each patron.
(b) 
Massage tables shall be provided and utilized for massage. Such tables shall have hard, durable, non-absorbent and easily cleanable surfaces. After use by a patron, such table shall be sanitized with a chlorine bleach solution of at least one hundred (100) parts per million.
(c) 
Massage parlor employees shall practice good personal hygiene. Massage technicians having, or suspected of having a communicable disease are not permitted to work.
(d) 
Massage parlors shall be maintained in compliance with all other applicable health regulations, ordinances and state laws, not in conflict with the provisions of this section.
(11) 
Standards of Conduct.
(a) 
No massage technicians shall massage the genital area of any patron or the breasts of any female patron, nor shall any patron suffer or permit such massage upon his body.
(b) 
Massage technicians performing massages shall have their anus, genitals and buttocks fully covered with an opaque garment; additionally, female massage technicians shall have their breasts fully covered with an opaque garment.
(c) 
Massage shall not be given to patrons who do not have their anus and genitals fully covered with an opaque garment; nor to female patrons who do not also have their breasts fully covered with an opaque garment.
(12) 
Inspection. Every applicant receiving a license, pursuant to the provisions of this section, consents to the entry of any police officer, health inspector or Building Inspector of the City, at all reasonable hours, for the purpose of inspection, to determine whether there is compliance with this section and all other applicable rules, regulations, ordinances and state laws.
(13) 
Minors. No person who has not yet attained the age of eighteen (18) years shall be employed in or upon a premises licensed pursuant to this section.
(14) 
Records.
(a) 
Each licensee shall maintain a record of its employees, listing their names, ages, current addresses and hours of employment. Such record shall be kept current and shall be made available to City police officers and health inspectors upon demand.
(b) 
Each licensee shall maintain a record of its patrons, listing their names and current addresses. Such record shall also include a notation of the date and time that each such patron received a massage and the name of the massage technician performing such massage. Such record shall be made available to City police officers and health inspectors upon demand.
(15) 
Exemptions. This section shall not apply to the following classes or individuals while engaged in the duties of their respective profession:
(a) 
Physicians, surgeons, chiropractors, osteopaths or physical therapists, licensed or registered to practice their respective professions under the laws of the State of Wisconsin, or nurses or massage therapists acting under their direction and control.
[Ord. 6028, 7/20/1993]
(b) 
Massage therapists and technicians acting under the direction and control of a barber or beautician licensed under the laws of the State of Wisconsin, when conducted on the barber shop or beauty shop premises for which an occupancy permit has been secured.
[Ord. 6348, 11/17/1997]
(c) 
Accredited high school and college coaches and trainers acting within the scope of their employment.
(16) 
Penalty. Any person violating any of the provisions of this section shall, upon conviction thereof, forfeit not more than five hundred dollars ($500) or, in default of payment, be imprisioned in the County Jail or House of Correction of Milwaukee County for not more than ninety (90) days.

9.04 Cigarette and Tobacco Product Sales.

[Ord. 6216, 3/20/1996; Ord. 6391, 6/16/1998; Ord. O-2016-0036, 8/2/2016]
(1) 
State Statute Adopted. Except as otherwise provided herein, § 134.65 Wis. Stats., as it is from time to time amended, is hereby adopted by reference.
(2) 
License Required. No person shall in any manner, or upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes or tobacco products, as defined in §§ 139.30(3m) and 139.75(12) Wis. Stats., to any person not holding a license under Chapter 134 of the Wisconsin Statutes or a permit under §§ 139.30 to 139.41 or 139.79 Wis. Stats., without first obtaining a license from the City.
(3) 
License Requirements. The City Clerk may not issue a license under Subsection (2) unless the applicant specifies in the license application whether the applicant will sell, exchange, barter, dispose of or give away the cigarette or tobacco products over the counter or in a vending machine, or both.
(4) 
License Issuance. Upon filing of a proper written application and payment of the license fee of one hundred dollars ($100), a license shall be issued on July 1 of each year or when applied for and continue in force until the following June 30 unless sooner revoked. Each license shall name the licensee and specifically describe the premises where such business is to be conducted.
(5) 
License Transfer Prohibited. A license shall not be transferable from one person to another nor from one premises to another.
(6) 
Recordkeeping. Every licensed retailer shall keep complete and accurate records of all purchases and receipts of cigarettes and tobacco products. Such records shall be preserved on the licensed premises for two (2) years in such a manner as to insure permanency and accessibility for inspection and shall be subject to inspection at all reasonable hours by authorized state and local law enforcement officials.
(7) 
Revocation of License. The City may revoke, suspend or refuse to renew any license issued under this section.
(a) 
Causes. Any duly authorized City employee may file a sworn written complaint, supported by report from a law enforcement agency, with the City Clerk, alleging at least two (2) separate instances of one (1) or more of the following about a person holding a license issued under this section:
1. 
The person has violated § 134.66(2)(a), (am), (cm), or (e), Wis. Stats., or Section 6.02(19) of the West Allis Revised Municipal Code.
2. 
The person's premises are disorderly, riotous, indecent, or improper.
3. 
The person has knowingly permitted criminal behavior, including prostitution and loitering, to occur on the licensed premises.
4. 
The person has been convicted of any of the following:
a. 
Manufacturing, distributing, or delivering a controlled substance or controlled substance analog under § 961.41(1), Wis. Stats.
b. 
Possessing with intent to manufacture, distribute or deliver a controlled substance or controlled substance analog under § 961.41(1m), Wis. Stats.
c. 
Possessing with intent to manufacture, distribute, or deliver, or manufacturing, distributing, or delivering a controlled substance or controlled substance analog under a substantially similar federal law or substantially similar law of another state.
d. 
Possessing any of the materials listed in § 961.65 Wis. Stats., with intent to manufacture methamphetamine under that section or under a federal law or a law of another state that is substantially similar to § 961.65 Wis. Stats.
e. 
The person knowingly allows another person who is on the licensed premises to do any of the actions described in Subsection (7)(a)4a through d.
(b) 
Procedure. Upon the filing of the complaint, the Common Council shall issue a summons, signed by the Clerk, and directed to any peace officer in the City. The summons shall command the person complained of to appear before the Common Council on a day and place named in the summons, not less than three (3) days and not more than ten (10) days from the date of issuance, and show cause why his or her license should not be revoked, suspended, or not renewed. The summons and a copy of the complaint shall be served on the person complained of at least three (3) days before the date on which the person is commanded to appear. Service shall be in the manner provided in Chapter 801 Wis. Stats., for service in civil actions in Circuit Court.
(c) 
Hearing.
1. 
If the person does not appear as required by the summons, the allegations of the complaint shall be taken as true, and if the City governing body finds the allegations to be sufficient grounds for revocation or nonrenewal, the license shall be revoked or not renewed. The City Clerk shall give notice of the revocation or nonrenewal to the person whose license is revoked or not renewed.
2. 
If the person appears as required by the summons and answers the complaint, both the complainant and the person complained of may produce witnesses, cross-examine witnesses, and be represented by counsel. The person complained of shall be provided a written transcript of the hearing at his or her expense. If upon the hearing, the Common Council finds the allegations of the complaint to be true, and if the Common Council finds the allegations to be sufficient grounds for suspension, revocation, or nonrenewal, the license shall be suspended for not less than ten (10) days nor more than ninety (90) days, revoked, or not renewed.
3. 
The City Clerk shall give notice of each suspension, revocation, or nonrenewal to the person whose license is suspended, revoked, or not renewed.
4. 
If the Common Council finds the allegations of the complaint to be untrue, the complaint shall be dismissed without cost to the person complained of.
(d) 
Disqualification for License. When a license is revoked under this subsection, the revocation shall be recorded by the City Clerk and no other license may be issued under this section to the person whose license was revoked within the twelve (12) months after the date of revocation. No part of the fee paid for any license that is revoked under this subsection may be refunded.
(e) 
Circuit Court Review. The action of the Common Council in suspending, revoking, or not renewing any license under this subsection, or the failure of the Common Council to suspend, revoke, or not renew any license under this subsection for good cause, may be reviewed as provided in § 134.65(7)(e), Wis. Stats.
(8) 
Penalties. Any person shall forfeit not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for the first offense and not less than twenty-five dollars ($25) nor more than two hundred dollars ($200) for the second or subsequent offense, together with the costs of prosecution; in default of payment thereof, the person shall be imprisoned in the House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in § 800.095(1)(b)1, Wis. Stats. Each and every day constitutes a separate offense.

9.05 Dance Halls.

(1) 
Definitions.
(a) 
Public Dance. The term "public dance" or "public hall," as used in this section, shall be taken to mean any dance or hall to which admission can be had, either without charge when under personal supervision of the licensee or by payment of a fee or by purchase, possession or presentation of a ticket or token in which a charge is made for caring for clothing or other property, or any other dance to which the public generally may gain admission with or without payment of a fee.
(b) 
Public Dance Hall. The term "public dance hall," as used herein, shall mean any room, place or space in which a public dance or public hall may be held, or hall or academy in which classes in dancing are held and instruction in dancing given for hire.
(2) 
Dance Hall License.
(a) 
License Required. It shall be unlawful to hold any public dance or public ball or to hold classes in dancing within the limits of the City until the dance hall in which the same may be held shall have been duly licensed for such purpose.
(b) 
This section shall not apply to studios or dance academies whose primary business is dance instruction and do not offer food or beverages for sale on the premises.
[Ord. O-2010-0013, 6/1/2010]
(c) 
Fees. All such applications shall be accompanied by an annual license fee of sixty dollars ($60.00).
[Ord. 6055, 11/15/1993; Ord. O-2009-0033, 11/3/2009]
(d) 
Granting License. No license for public dance hall shall be issued until it shall be determined that the hall conforms to all health and fire regulations of the City, that it is properly ventilated and supplied with sufficient toilet conveniences, and is a safe and proper place for the purpose for which it is to be used.
(e) 
Revocation of License. The license of any public dance hall shall be revoked by the Common Council for disorderly or immoral conduct on the premises or for violation of any of the rules, regulations, ordinances and laws governing or applying to public dance halls or public dances. If at any time the license of a public dance hall be revoked, at least six (6) months shall elapse before another license or permit shall be given for dancing on the same premises to the same licensees.
(3) 
Regulations of Dance Halls.
(a) 
Renting of Hall.
1. 
Licensee to Report. Every licensed owner of a dance hall shall immediately upon application being received by him from any person, club or society to lease or rent his hall for the purpose of holding a public dance or ball therein, report to the Chief of Police the name and address of such person, club or society and the date when such public dance or ball is proposed to be held. The Chief of Police shall at once make or cause to be made an investigation for the purpose of determining whether such dance or ball shall be held.
2. 
Refusal to Permit Dance. If the Chief of Police shall determine that the proposed dance or ball ought not to be held, he shall, within five (5) days after receipt of the aforesaid notice of application for lease or rental, notify the licensed owner of such dance hall in writing that the proposed public dance or ball shall not be held therein, and the licensed owner of such dance hall thereupon shall refuse to permit such public dance or ball to be held in such hall. Failure on the part of the licensed owner of such hall to comply with the provisions of this notice shall be sufficient cause for the revocation of the license of such licensed owner.
3. 
Exceptions. Nothing herein shall be construed as requiring the holder of a dance hall license to secure a dance permit where the dance is conducted in the hall under the direct personal supervision of such licensee.
(b) 
Minors at Dance Halls. It shall be unlawful after 10:00 p.m. to permit any person to attend or take part in any public dance who is under the age of eighteen (18) years unless accompanied by parent, lawful guardian or adult spouse when intoxicating or fermented malt beverages are available for consumption on the premises. It shall be unlawful for any person to represent himself or herself to have reached the age of eighteen (18) years in order to obtain admission to a public dance hall or to be permitted to remain therein when such person, in fact, is under eighteen (18) years of age, and it shall also be unlawful for any person to represent himself or herself to be a parent, lawful guardian or adult spouse of any person, in order that such person may obtain admission to a public dance hall, or shall be permitted to remain therein when the party making the representation is not, in fact, either a parent, lawful guardian or adult spouse of the other person.
(c) 
Closing Hours. All public dances, except upon licensed tavern premises, shall be discontinued and all public dance halls shall be closed on or before the hour of 1:30 a.m. during the week and 2:30 a.m. on Sunday, and shall remain closed until 8:00 a.m. of said day. Public dances upon licensed tavern premises shall be discontinued fifteen (15) minutes prior to the established closing time for such tavern premises.
(d) 
Dancing in Bar Room. It shall be unlawful to permit dancing in a bar room of any tavern within six (6) feet of any bar and back barwall, or the area within three (3) feet of any part of an exit door or toilet room door, or any other exit or passageway, or any toilet room or any other space or room which is not used exclusively by the public. The area in which dancing is permitted shall be either partitioned off, roped off or indicated by a line drawn upon the floor.

9.06 Pool Tables and Bowling Alleys.

(1) 
License Required. No person shall erect or keep, or permit to be erected, placed or kept upon his, her or their premises, within the limits of the City, any billiard table, pool table, bowling alley, nine- or ten-pin alley, used and kept for hire, without having obtained a license therefor, as provided in this section.
(2) 
Application for License. Licenses for the erection or keeping of billiard tables, pool tables and bowling alleys shall be issued by the City Clerk when granted by the Common Council upon the presentation to the Clerk of the City Treasurer's receipt, showing payment of the sum required in Subsection (4) hereof.
(3) 
License Non-assignable. No license shall be assignable or inure to the benefit of any other than the person, persons, company, association or corporation to whom such license was originally issued.
(4) 
License Period and Fees. Every license shall expire on the 30th day of June following the date of its issue, and a fee of thirty-five dollars ($35.00) shall be paid therefor, for each billiard table, pool table or bowling alley for which such license shall be issued. Payment shall be made to the City Clerk/Treasurer upon application.
[Ord. 6055, 11/15/1993; Ord. O-2009-0033, 11/3/2009]
(5) 
Regulations.
(a) 
No licensee shall permit any minor under the age of sixteen (16) years to frequent, loiter in or to play pool or billiards in that part of any premises used by the public for the playing of pool or billiards.
(b) 
In no event shall card playing be permitted on premises which are licensed for the erection or keeping of billiard or pool tables even if such card playing is for social purposes, unless such premises also has a retail Class "B" fermented malt beverage license.
(c) 
All premises in which the game of pool or billiards is played shall be so arranged and shall be so lighted at all hours that a full view of the interior may be seen from the public street or sidewalk or from adjacent rooms to which the public is admitted.
(d) 
It shall be unlawful for any person, society, club or corporation to operate a billiard or pool room during the closing hours established for retail Class "B" fermented malt beverage or intoxicating liquor licensed premises, as provided in section 9.02(17)(a)(3) of this Code, or to permit any person or persons, except regular employees performing necessary work within the premises, to be or remain in any room where billiard or pool tables are maintained for hire at any time during such hours.
(e) 
No person, while in any billiard hall or pool room, shall have in his possession and no person, society, club or corporation operating a billiard or pool room shall permit any person to have in his possession, any intoxicating liquor or fermented malt beverage unless such premises also has a retail Class "B" fermented malt beverage license and a retail Class "B" liquor license, pursuant to the provisions of section 9.02 and section 9.03 of this Code.

9.07 Misuse of 911.

[Ord. O-2010-0012, 4/6/2010]
(1) 
Definitions.
"Emergency" is defined as a situation in which immediate response by public safety personnel is essential and an existing or very probable situation exists of bodily harm or life-threatening illness or condition; property damage or loss; or escape of a suspect in a criminal offense or its municipal offense counterpart.
(2) 
No person shall intentionally dial the emergency telephone number 911 to report an emergency knowing that the fact situation which he or she reports does not exist.
(3) 
No person shall intentionally dial the emergency telephone number 911 for any other purpose other than to report an emergency.
(4) 
Penalties.
(a) 
Any person violating Subsection (2) or (3) of this ordinance shall be required to forfeit not less than two hundred fifty dollars ($250.) nor more than five hundred dollars ($500.). The person shall be required to pay the costs of prosecution. In default of payment thereof, the person shall be imprisoned in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes, or by suspension of the defendant's operating privilege, pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes. Each and every day that an offense continues constitutes a separate offense.

9.08 Amusement Devices.

(1) 
Definitions.
(a) 
Amusement Devices. An amusement device shall mean any electronic or mechanical game, including devices for the playing of miniature games of hockey, bowling, baseball or basketball, pinball and shuffleboard and similar games, and for which a consideration either in coin or in other thing of value is required for the playing thereof or participation in the playing thereof, but shall not be deemed to include any gambling device. A phonograph or instrument for reproducing music and which is not designed for the playing of games shall not be considered an amusement device.
(b) 
Phonographs. Phonographs shall include any instrument which reproduces music by record or other means.
(c) 
Distributor. Distributor shall mean any person who, as owner or lessor, distributes or leases any amusement device or phonograph to any person for use in the City.
(d) 
Lessee. A lessee shall mean any person, not including a firm or corporation, who has leased or agrees to have in his custody or has in his possession, an amusement device under any agreement to pay rent or share in the proceeds of the operation of the machine with the owner or distributor thereof.
(e) 
Gambling Device. Gambling device shall mean any instrument, device or thing used or usable for gambling or playing any game of chance for money or any other thing of value.
(f) 
Pinball Machines, When Gambling Device. Any device or instrument or so-called pinball machine which contains a coin tray or compartment, in which coins, merchandise or thing of value is delivered or made available to the player, or to the lessee or distributor on behalf of said player or for the player's benefit, as a prize or a reward which is the result of a winning combination or a single or a series of combinations obtained by the player of said device in which the element of chance is a substantial factor is hereby declared to be a gambling device and its ownership or possession is unlawful.
(g) 
Owner-Operator. An owner-operator is any person who owns and operates an amusement device or phonograph in his own business establishment and is not actively engaged in the practice of distributing any amusement device or phonograph, as defined in subsection (1)(c) hereof.
(2) 
Gambling Devices Prohibited. No person, firm or corporation shall set up for operation, operate, lease or distribute for the purpose of operation any gambling device or slot machine.
(3) 
License Required. No distributor shall own, lease, install, place, operate any amusement device or phonograph, share in the proceeds or profits or collect rents of any amusement devices or phonographs for use on any premises in the City without first having obtained a distributor's license and paying the license fee hereinafter provided. No person or lessee shall have in its possession or set up for use any amusement device or phonograph which has not been registered with the City Clerk and the registration fee paid, as hereinafter provided.
(4) 
Licenses.
(a) 
Amusement Device Distributor's License.
1. 
Fees. The distributor's license fee for an amusement device shall be four hundred fifty dollars ($450.00) per year, and shall be paid to the City Clerk/Treasurer at the time of filing the application for a license.
[Ord. 6055, 11/15/1993; Ord. O-2009-0033, 11/3/2009]
(b) 
Phonograph Distributor's License.
1. 
Fee. The Distributor's license fee for a phonograph shall be three hundred dollars ($300.00) per year and shall be paid to the City Clerk/Treasurer at the time of filing the application for a license.
[Ord. 6055, 11/15/1993; Ord. O-2009-0033, 11/3/2009]
(c) 
Owner-operator's Licenses. The owner-operator's license fee for an amusement device shall be thirty dollars ($30.00) per year, and for a phonograph shall be twenty-five dollars ($25.00) per year, and shall be paid to the City Clerk/Treasurer at the time of filing the application for a license.
[Ord. O-2009-0033, 11/3/2009]
(d) 
Application for License.
1. 
An applicant for any of the licenses set forth in Subsection (3) of this section shall make application in writing to the Common Council on such application forms as shall be prescribed by the City Clerk.
2. 
All applicants, in their application, shall consent to a reasonable inspection of their records and devices to determine ownership and character of amusement devices and phonographs to be operated in their business establishment.
(e) 
Standards for Issuance. The Common Council may grant a license if it is found:
[Ord. 6519 (amend) 6/6/2000]
1. 
That the business operation as proposed by the applicant will comply with the provisions of this section and all other applicable rules, regulations, ordinances and state law.
2. 
That subject to §§ 111.321, 111.322, and 111.335, Wis. Stats., the applicant has not, within the five years immediately preceding the date of the application, been convicted of violating this ordinance or of any other offense substantially related to the amusement device business.
3. 
That the applicant be a Wisconsin resident or name an agent in the State of Wisconsin. Said agent shall be personally liable for the operation of the licensed business and agrees to accept service on behalf of the licensee until such time as a new agent is approved by the Common Council.
4. 
The applicant is at least eighteen years of age.
5. 
That the applicant has not knowingly made any false, misleading, or fraudulent statement of fact in the license application or other information required in conjunction therewith.
6. 
That the applicant, if a corporation, is licensed to do business and is in good standing in the State of Wisconsin.
7. 
That the applicant has substantially complied with all building, zoning, plumbing, electrical, fire, and health codes.
(f) 
License Period. The license period for any of the licenses provided for under this section shall extend from July 1 of each year to June 30 of the following year.
(5) 
Registration of Amusement Devices.
(a) 
Devices to Be Registered. All licensed distributors, owners or possessors shall, on the first day of each July, register or cause to be registered with the City Clerk, all of their amusement devices or phonographs on location for use. Nothing herein contained shall be construed to authorize the registration of any slot machine or gambling device.
(b) 
Issuance of Registration Symbols. The City Clerk shall require the registrant to submit the information as may be necessary to identify the amusement device so registered, and shall issue to the registrant an appropriate registration symbol so designed as to permit its secure attachment to the amusement device to be registered. Any person, firm or corporation delinquent in the payment of taxes, personal or real, shall not be issued a distributor's license.
(c) 
Registration Fees. The registration fee for each amusement device shall be thirty-five dollars ($35.00) per year per machine, and the registration fee for each phonograph shall be twenty-five dollars ($25.00) per year per machine. The registration fee shall be paid to the City Clerk/Treasurer at the time of registration.
[Ord. 6055, 11/15/1993; Ord. O-2009-0033, 11/3/2009]
(d) 
Seizure. The Mayor, Chief of Police or any police officer shall seize or cause to be seized any amusement device upon which is not affixed a registration symbol, as herein required. The ownership or possession of any non-registered amusement device is declared to be a violation of this subsection.
(e) 
Transfer of Registration Symbols. Any transfer of registration symbols from one machine to another shall be unlawful, unless a certificate of transfer is first obtained from the City Clerk. The Clerk shall issue such certificate upon the verified statement of the licensee or operator that the previously registered machine is no longer located at the place where originally registered, and that by such transfer the machines on hand shall not exceed two (2) in number. No person shall counterfeit a registration symbol or shall transfer such registration symbol from one amusement device to another without having previously registered such transfer with the City Clerk.
(7) 
Suspension, Revocation, or Non-renewal.
[Ord. 6519 (amend) 6/6/2000]
(a) 
Licenses. The Common Council may suspend, revoke, or not renew any license or registration symbol. No license shall be suspended, revoked, or non-renewed without first providing the licensee with due notice and hearing before the License and Health Committee of the West Allis Common Council for the purpose of determining whether grounds for such action exist. The License and Health Committee shall make findings and recommendations to the West Allis Common Council and a copy shall be mailed to the licensee or its in-state agent. The licensee shall have ten days from the date the findings and recommendations were mailed to make written objections. The Common Council shall then determine whether sufficient ground(s) exist and whether the license should be suspended, revoked, or non-renewed. The Clerk/Treasurer shall notify the operator in writing of the decision of the Common Council by first class mail.
(b) 
Registration Symbols. Upon conviction for a violation of any provision of the section involving a device or phonograph registered under this section, the licensee shall surrender the registration symbol(s) for each device to the City Clerk/Treasurer. If the licensee fails or refuses to surrender said symbols, the City Clerk/Treasurer shall notify the licensee, in writing by first class mail, that such symbols are revoked effective the date of conviction, unless stayed on appeal.

9.09 Carnival Permit.

[Ord. O-2012-0007, 3/20/2012]
(1) 
Definitions.
(a) 
"Carnival" is defined as an amusement show that typically consists of rides, air pillows, giant slides, ride-throughs, walk-throughs, sideshows, games of chance or skill, performing animals, public display of the skills of performers, and/or public display of objects of general interest.
(2) 
Adoption of Administrative Code. Except as otherwise provided herein, the provisions of Wisconsin Administrative Code, Safety and Professional Services, Chapter 334 are adopted by reference and made a part hereof with the same force and effect as if fully set forth herein.
[Ord. O-2013-0020, 4/16/2013]
(3) 
Permit Required. No person, firm or corporation shall maintain or operate any carnival within the City unless a permit therefor shall have been obtained from the Common Council.
(4) 
Application. The application for a permit shall be made to the Council in writing and shall set forth:
(a) 
The name, address, and telephone number of the applicant.
(b) 
If the applicant is a corporation, the address and phone number of the principal offices of the corporation, the state of incorporation, and the name, address, and telephone number of the registered agent.
(c) 
The name, address, and telephone number of the person or persons to be in immediate charge of the place of amusement at all times during its operation.
(d) 
The names of any sponsoring organizations and the names and addresses of the principal officers of such organization.
(e) 
The date or dates of proposed operation and the location at which it is proposed to conduct the carnival.
(f) 
A description of the type of acts or entertainment to be shown, a list of the proposed number of rides, and a description of the merchandise to be sold.
(g) 
A statement that the applicant will directly control and supervise each activity proposed to be authorized under the permit sought, and will be responsible for the conduct, operation and management thereof.
(h) 
Proof of insurance in accordance with Wisconsin Administrative Code, Safety and Professional Services, Section 334.035 with an endorsement to the effect that the City will be indemnified and held harmless from any and all claims, damages or judgments arising from the granting of the permit or the operation of the show or exhibition.
[Ord. O-2013-0020, 4/16/2013]
(i) 
A statement certifying on penalty of perjury the correctness of the information given on the application and agreeing on behalf of the applicant that there shall be full compliance of the applicant with all state and local laws in the conduct of the activities for which a permit may be granted.
(j) 
Proof from the Department of Commerce that the carnival and rides are in compliance with all applicable State of Wisconsin rules and regulations.
(5) 
Investigation.
(a) 
The application shall be referred to the Police Department for an investigation and report on the character, reputation and record of the applicant, the registered agent, and all of the persons listed as being in immediate charge of the operation.
(b) 
The application shall be referred to the Fire Department for investigation of ride safety and fire safety.
(c) 
The application shall be referred to the Building Inspection Department for investigation of compliance with the zoning requirements and local and state building codes.
(d) 
If food is to be sold, the applicant shall be referred to the Health Department to apply for a food permit.
(6) 
Granting of Permit. The Common Council shall not grant any permit unless the conduct or maintenance of the carnival at the proposed location will not, in the judgment of the Council, endanger public peace, health, safety, or welfare. In granting any permits, the Council shall impose such conditions or requirements as it deems necessary to protect public peace, health, safety, and welfare.
(7) 
Location Restricted.
(a) 
Carnival operation shall comply with all applicable City zoning laws and regulations.
(b) 
No carnival for which a permit is granted shall keep or use any ponies, horses, livestock or other animals within five hundred (500) feet of any dwelling, house or restaurant within the City.
(c) 
No carnival shall be permitted to operate within five hundred (500) feet of a residential district in the City. This subsection shall not apply to carnivals held on the grounds of a church and/or adjoining church school; where the Business Improvement District (hereinafter "BID") is the permit holder and the carnival takes place within the BID boundaries; or to carnivals sponsored by the City.
[Ord. O-2013-0020, 4/16/2013]
(8) 
Food Regulations. No food of any sort shall be served at the carnival unless the food handlers are in compliance with Code Section 7.04 and all local, state, and federal food regulations.
(9) 
Closing Hours. No carnival licensed hereunder shall operate after 10:00 p.m.
(10) 
Permit Fee and Bond.
(a) 
A nonreturnable fee of fifty dollars ($50.) shall accompany the application as an application fee.
(b) 
The applicant shall pay a permit fee as follows: one hundred dollars ($100.) for any combination of five (5) or less rides and/or stands, plus ten dollars ($10.) for each additional ride and/or stand.
(c) 
The permittee shall, in addition to payment of the permit fees established by the City, deposit with the City no later than ten (10) days prior to the first day of conducting any carnival activity and shall maintain for a period of thirty (30) days after the termination of activities under such permit as may be issued by the City, a cash bond in the sum of five thousand dollars ($5,000.) or in lieu thereof shall post and maintain in full force and effect during said period a surety bond in the amount of five thousand dollars ($5,000.). Such bond shall be issued by a surety company, approved by the City Attorney, and shall be in a form approved by the City Attorney. Such bond shall, by its terms:
1. 
Insure payment to the City for any damage to City property occasioned by the operation of such carnival activity, including damages occasioned by the entrance into or exit from the City of the permittee or of the equipment, facilities, or personnel of such amusement activity as shall be permitted by the permit.
2. 
Insure the cleaning of the premises used for such amusement activity and of the immediate surrounding properties and streets of such litter and debris as may result from the operation thereof.
3. 
Insure payment of any fines levied against the permittee for violation of this or any other section or state law while conducting amusement activities in the City.
(d) 
Such bond may be waived or reduced in amount or sooner cancelled or returned by the Common Council when, in its reasonable judgment, the conditions of or reasons for requiring such bonds have been satisfactorily met. The permittee shall be promptly notified of any claims made or contemplated against such bond or surety and shall have the right to appeal from any such claim, or the amount thereof, to the Common Council.
(e) 
The fees set forth herein shall be waived for churches where the carnival will be on church grounds or the adjoining church/school grounds; within the BID and where the BID is the permit holder; and City-sponsored events.
[Ord. O-2013-0020, 4/16/2013]
(11) 
Permit Posted. Any permit granted shall be prominently displayed at all times when the carnival is in operation.
(12) 
Conditions of License. All licenses granted hereunder shall be granted 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 applicant procuring a permit thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of local and state laws.
(b) 
The permittee, and/or the employees and agents of the permittee, shall cooperate with police investigations of disturbances, intoxicated persons, and other violations of local and state laws. "Cooperate," as used in this subsection, shall mean calling the police when a disturbance of the peace or other violation occurs on the permitted premises and providing complete and truthful responses to police inquiries. A permittee shall also appear before the License and Health Committee when requested to do so and shall otherwise follow the lawful directives of the License and Health Committee.
(c) 
Each permitted premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any permitted premises.
(d) 
The permittee shall comply with all other provisions of this section and all other ordinances of the City of West Allis and the laws of the State of Wisconsin.
(13) 
Entertainment Standards.
(a) 
No person shall, on premises permitted under this section, perform acts of or acts which constitute or simulate:
1. 
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; or
2. 
The touching, caressing or fondling of the breast, buttocks, anus or genitals; or
3. 
The displaying of human genitals, buttocks or pubic area or the female breast below the top of the areola.
(b) 
No person shall, on the permitted premises, use artificial devices or inanimate objects to perform, simulate or depict any of the prohibited conduct or activities described in Subsection (a).
(c) 
It shall be unlawful for any person to show, display or exhibit on the permitted premises, any film, video, still picture, electronic reproduction or any other visual reproduction or image of any act, other visual reproduction or image of any act or conduct described in Subsections (a) and (b).
(d) 
No person or corporation holding a permit under this section, or his/her/its agents or employees, shall allow or permit in or upon the permitted premises any act or conduct described in Subsections (a), (b) and (c).
(14) 
Expiration of Permit. All permits shall expire at the time period determined by the Council, which shall be no longer than seven (7) days.
(15) 
Penalties.
(a) 
Penalties. Any person or entity violating any provision of this ordinance shall be required to forfeit not less than two hundred dollars ($200.) nor more than one thousand dollars ($1,000.). The person or entity shall be required to pay the costs of prosecution. In default of payment thereof, the person shall be imprisoned in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Section 800.095(4) of the Wisconsin Statutes. Each and every day that an offense continues constitutes a separate offense.
(16) 
Severability. If any part of this section is found to be unconstitutional or otherwise invalid, the validity of the remaining parts shall not be affected.

9.10 Arcades.

(1) 
Declaration of Intent. Whereas, there has been, as of the time of the enacting of this ordinance, an increase in the business of operating arcades, especially those offering amusement devices of the type known as electronic and video games; and,
Whereas, it is the belief of the Common Council that such arcades are intended to, and in fact do, draw a major portion of their clientele from the juveniles and young people of the communities in which they are situated; and,
Whereas, it is the policy of the Common Council that it is in the best interest of the community to closely monitor, regulate as necessary, and oversee the operation of those businesses that have a high degree of contact with the youth of the community; and,
Whereas, it is the belief of the Common Council that without proper regulation, arcades may substantially interfere with the attainment of public education objectives and priorities for the youth of the community, create an environment for disorderly behavior and conduct and threaten the peaceful enjoyment of the properties in the neighborhood; all contrary to the good order, safety, health and welfare of the community.
Now, therefore, it is determined that it is in the best interest of the health, safety and welfare of the community to establish reasonable regulations for the operation of arcade businesses, and to such purpose this section is hereby enacted.
(2) 
Definitions.
(a) 
Amusement Device. See sec. 9.08(1)(a) of this Chapter.
(b) 
Arcade. Any premises containing five (5) or more amusement devices for the primary use and entertainment of the public, except premises for which a license to sell fermented malt beverages and/or intoxicating liquors has been issued by the City.
(c) 
Good Moral Character. For purposes of this section, "good moral character" shall mean that the person under consideration has exhibited conduct consistent with that of the average person with regard to reputation, citizenship, decency, honesty and respect for law and order. The following, without limitation due to enumeration herein, shall be considered to be evidence of activities inconsistent with "good moral character":
1. 
Conviction within five (5) years preceding application for license of a crime involving moral turpitude, except as set out below.
2. 
Conviction of the offense of contributing to the delinquency of minors, exposing minors to harmful materials, liquor law violations involving minors, sex offenses or sexual assaults involving minors, offenses against the controlled substances act or offenses against the organized crime control act, which offenses are hereby deemed to be of special concern and affecting the health, safety and welfare of youth in particular and the community in general.
3. 
Being a probationer or parolee under the jurisdiction of the State Department of Health and Social Services, Department of Community Corrections, or a similar agency of another state or the federal government.
4. 
Being the subject of any criminal prosecution for a crime involving moral turpitude, in the courts of any state or of the federal government. Nothing in this section shall be construed to prevent any such person from reapplying for a license under this section after the conclusion of said proceeding.
5. 
Being known to any police agency to be habitually disorderly as to conduct; a habitual drunkard or user of illicit controlled substances; a gambler; a frequenter of disorderly houses; a vagrant; an associate of known criminals; or, to have knowingly given false information to any police or government agency concerning any investigation, application or other proceeding.
6. 
In the event that any application for a license under this section is denied on the grounds that a person named in the application is not of good moral character, such person may, using the procedures provided for in Chapter 68 of the Wisconsin Statutes, demand the reasons therefor in writing and shall be afforded the opportunity to, if desired by such person, have a hearing, as provided for under that Chapter, and to present evidence on his behalf.
(3) 
License Required. No person, firm or corporation shall operate an arcade without first having obtained a license therefor from the Common Council.
(4) 
Application for License. An application for a license shall be filed with the City Clerk on forms to be furnished by the Clerk, which form shall require the following information:
(a) 
Name and address of the applicant;
(b) 
In case of a partnership, the names and addresses of all partners;
(c) 
In case of a corporation, the names and addresses of all officers, directors and stockholders of ten percent (10%) or more of the capital stock of the corporation;
(d) 
In case of clubs, associations or other organizations, the names and addresses of all officers;
(e) 
The location of the premises to be licensed and the name and address of the owner or owners of said premises;
(f) 
Whether or not any person or persons named in the application have ever been convicted of violating any federal or state law bearing a criminal penalty, or any county, local or municipal ordinance in conformity therewith, or any offense described in subsection (2)(c)(2) above.
(g) 
The number of games, machines, tables or amusement devices to be located upon the premises to be licensed.
(5) 
License Fee. The license fee shall be three hundred dollars ($300.00) per year and shall accompany each application.
[Ord. O-2009-0033, 11/3/2009]
(6) 
License.
(a) 
All licenses herein provided for shall be issued upon approval by the Common Council, and shall limit the holder thereof to operate an arcade only on the premises for which the license has been issued. All licenses shall expire on the 30th day of June following the date of issuance.
(b) 
Such license shall bear the date of issuance, the name of the licensee, the purpose for which issued, and the location of the room or building wherein the licensee is authorized to carry on and conduct such business. Such license shall not be transferable by the holder to any other person, firm or corporation, but such license may be transferred by the holder to another location, provided that the licensee shall make written application for such transfer to the City Clerk and such transfer is approved by the Common Council. A transfer fee of twenty-five dollars ($25) shall be paid by the applicant.
(c) 
Change in Ownership. Any change of ownership of an arcade business licensed under the provisions of this section shall void such license, unless the owner thereof shall apply for continuation of the license for the remainder of the license year for which it was originally granted. Such application shall be accompanied by an application fee of twenty-five dollars ($25), and a publication fee of fifteen dollars ($15). Such change includes, but shall not be limited to, a change of individual ownership, the addition of a partner or stockholder, the withdrawal of a partner or stockholder or a change in the percentage of interest in the business of a partner or stockholder. Unless such application shall take place within thirty (30) days of the date of the change of ownership, the license granted hereunder shall terminate. All changes in the membership of a partnership or all changes in the identify of the principal officers or any stockholders in the corporation shall be reported to the City Clerk within ten (10) days after they occur. The License & health Committee of the Common Council shall have the authority to approve or deny continuance of said license following public hearing on such application for continuance. Notice of such hearing shall be published as required by law. Persons aggrieved by the decision of such Committee may appeal such decision pursuant to the provisions of Chapter 68 of the Wisconsin Statutes.
(d) 
The Common Council shall require the West Allis Police Department to make an investigation of all persons named in an application for a license and report the findings of such investigation to the City Clerk.
(e) 
A license shall not be issued if the applicant, or any partner, or the principal officer, or any stockholder holding more than twenty percent (20%) of the capital stock of the corporation, if applicant is a corporation:
1. 
Is not of good moral character as defined above;
2. 
Is under eighteen (18) years of age.
(7) 
Location of Premises.
(a) 
No license shall be issued to any applicant unless the applicant has first obtained a special use permit for the premises, as provided by Chapter 12 of this Code.
(b) 
In any event, no license shall be granted to any person, firm or corporation to operate a business offering to the public an opportunity to use amusement devices for a fee, which is located within five hundred (500) feet from the boundary of a parcel of real estate having situated on it a school, church, hospital, public library, park or public playground.
(8) 
Revocation of License. The Common Council of the City of West Allis may suspend, revoke or deny reissuance of any license issued, pursuant to this section, at any time, for any reasonable cause, which shall be in the best interest and for the good order of the City, provided that the license shall be accorded due process of law. Cause for such revocation, suspension or denial shall include, without limitation for lack of reference herein, any violation of the provisions of this section, or other provisions of the West Allis Revised Municipal Code, relevant to the operation of said business.
(9) 
Arcade Operator's Licenses. A licensed arcade operator shall be on the licensed premises at all times during the hours the arcade is open to the public, in order to provide supervision necessary to maintain proper order.
(a) 
An arcade operator's license shall entitle the holder thereof to work as operator upon premises licensed under this section. Such licenses will be issued by the Common Council only to persons of good moral character, as defined above, over eighteen (18) years of age.
(b) 
A written application shall be filed annually with the City Clerk stating the name, address, age and sex of applicant. The application shall be referred to the Chief of Police for report. A license fee must accompany the application. There will be no refund of the fee if the license is not subsequently granted.
(c) 
Fees. The annual fee for an arcade operator's license shall be thirty-five dollars ($35.00). There will be a charge of ten dollars ($10.00) for the issuance of a duplicate license.
[Ord. O-2009-0033, 11/3/2009]
(d) 
Posting. Each arcade operator's license shall be posted in a conspicuous place where the licensee is employed.
(e) 
Revocation. Any arcade operator's license issued under this section may be revoked, suspended or denied, at any time, for any reasonable cause, which shall be in the best interest of and for the good order of the City. Any arcade operator's license issued under the provisions of this section shall stand revoked without further proceedings, upon the conviction of a licensee for maintaining a disorderly or riotous, indecent or improper place of business. Whenever any such license shall be revoked, no refund of any unearned portion of the fee paid shall be made.
(10) 
Conduct of Business and Miscellaneous Regulations. All arcade license and arcade operator's licenses shall be granted 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 applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of City ordinances or State laws, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.
(b) 
Each license premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises.
(c) 
There shall be upon premises operated under an arcade license at all times some person who shall have an arcade operator's license, and who shall be responsible for the acts of all persons employed at said premises.
(d) 
No premises licensed under this section shall be permitted to remain open between the hours of 11:00 p.m. and 9:00 a.m. of any day.
(e) 
No patron or guests shall be permitted to enter or remain on the licensed premises during the closing hours provided in Paragraph (d) above.
(f) 
Nothing in this section shall be construed to authorize or permit or license any gambling device of any nature whatsoever.
(g) 
No person, while using or operating a game of amusement or amusement device, or while on the licensed premises, shall gamble or make any bets.
(h) 
In no event shall card playing be permitted on such licensed premises even if such card playing is for social purposes only.
(i) 
Rooms in which games of amusement are located and used by the public shall, at all times, be kept in a clean, healthful and sanitary condition with ample and approved lighting and ventilation, in accordance with Municipal Code requirements and as hereinafter set forth.
(j) 
No person, while on a premises licensed hereunder, shall have in his possession any intoxicating liquor or fermented malt beverage.
(k) 
No person under the age of eighteen (18) years shall be permitted on the licensed premises where the use of games of amusement or amusement devices is offered to the public for a fee before the hour of 3:00 P.M. on any day that the West Allis - West Milwaukee public schools are in session, unless accompanied by his or her legal parent or guardian.
(l) 
The licensee of the premises shall provide a minimum unobstructed area of two (2) feet perpendicular to the front of each game, device, machine or table for customers to stand while using same; in addition, an unobstructed aisle for the safe passage of customers of at least three (3) feet shall be provided in front of each game, device, machine or table.
(m) 
In no event shall occupation by more persons than allowed by the provisions of the West Allis Fire Prevention Code, as applicable to the licensed premises, be permitted.
(n) 
Nothing in this section shall be construed to permit any relaxation of, or exemption from, the provisions of sec. 7.035 of the West Allis Revised Municipal Code.
(o) 
All areas of the licensed premises shall, during business hours, have a sustained minimum white light illumination of thirty (30) foot candles, measured on a plane thirty (30) inches above the floor.
(p) 
The licensed premises shall afford front window treatment of such a design as to allow full observation of the interior of the premises from the public way at all times.
(q) 
The licensee of the premises shall provide a bicycle storage area sufficient to take care of the needs of all customers, which shall be located off the public way.
(11) 
Exemptions. Exemptions from the provisions of this section shall be:
(a) 
Education, religious, charitable institutions and fraternal organizations which do not permit use of amusement devices on their premises by the general public and which are nonprofit organizations.
(b) 
Any premises licensed to sell fermented malt beverages and/or intoxicating liquors has been issued by the City.
(c) 
Other commercial premises primarily used for the conducting of a business other than the business of operating an arcade, which offer the use of less than five (5) amusement devices shall be exempt from the provisions of this section.
(12) 
Penalties. Any action taken to revoke, suspend or deny a license issued under this section shall not preclude prosecution, conviction and punishment for violations of this section, as provided by sec. 9.27(b) of this Chapter. Each day that any violation is permitted to continue shall be deemed to be a separate offense.
(13) 
Severability. Should any subsection or portion thereof of this section be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specific subsection or portion thereof directly specified in the decision, and all other subsections or portions thereof of this ordinance shall remain in full force and effect.

9.105 Shooting Galleries and Gun Ranges.

(1) 
Regulation for Shooting Galleries and Gun Ranges. No premises shall be used or permitted to be used, leased or hired as a shooting gallery, gun range or place to practice target shooting, wherein firearms shall be discharged, without being duly licensed therefor. The license shall expire on the 31st day of December after the granting thereof, unless sooner revoked. No corporation, firm, association or club shall be granted a license to conduct in any manner a shooting gallery, gun range or place to practice target shooting within the limits of the City, except to an agent thereof first duly appointed by it, who is, at the time of filing said application, an officer, manager or member thereof, a full citizen of the United States, a resident of Milwaukee County continuously for at least two (2) years prior to the date of said application and who shall have vested in him by a properly authorized and executed written delegation full authority and control of the premises described in the license and of the conduct of all business and acts therein in any way relating to firearms and the use thereof or of the shooting gallery, gun range or place to practice target shooting and who shall, with respect to his qualifications be satisfactory to the Common Council. Such agent shall be personally responsible for compliance with all the terms and provisions of this ordinance. If such duly appointed agent shall, during any licensed year, cease to be an officer, manager or member of any corporation, firm, association or club, on whose behalf said license was issued, a new license shall be required and application therefor shall be forthwith made pursuant to the terms and provisions of this section.
[Ord. O-2009-0033, 11/3/2009]
(2) 
Application for License. No person shall be granted a license to conduct in any manner a shooting gallery, gun range or place to practice target shooting within the limits of the City, unless he shall have been, at the time of filing said application, a full citizen of the United States, a resident of Milwaukee County continuously for at least two (2) years prior to the date of said application, nor unless such individual is, with respect to his qualifications, satisfactory to the Common Council. Application for a license for any specific premises sought to be used as a shooting gallery, gun range or place to practice target shooting shall be made on forms provided by the City Clerk/Treasurer and be accompanied by the full license fee of sixty dollars ($60.00). Said application shall contain the following information:
(a) 
Name and age of applicant, whether a firm, association, corporation or club.
(b) 
Address of applicant.
(c) 
Location and description of premises sought to be licensed.
(d) 
Qualifications of licensee.
(e) 
Name of agent.
(f) 
Qualifications of agent.
No application shall be submitted to the Common Council unless said application shall have been approved by the Chief of Police and Building Inspector. No premises shall be licensed unless constructed in accordance with the specifications provided in this section.
[Ord. O-2009-0033, 11/3/2009]
(3) 
Specifications.
(a) 
Use and Construction. The room, place or enclosure wherein the firing of firearms is to take place shall not be used for any other purpose whatsoever during the progress of firing. The rear wall and side walls in front of the firing line shall be made bullet proof and shall be of at least the following construction:
1. 
Eight (8) inch solid masonry or concrete, or
2. 
Ten (10) inch hollow concrete block, or
3. 
Wood stud and plaster walls or equivalent construction covered with one-quarter (1/4) inch steel plate and faced with wood one (1) inch thick.
(b) 
Bullet Protecting Plates.
1. 
When the floor construction is other than reinforced concrete and there is a room below, such floor in front of the firing line for a distance of at least ten (10) feet shall be covered with a steel plate not less than one-quarter (1/4) inch in thickness. When there is no room below such floor and the floor construction is other than reinforced concrete, the thickness of such steel plate may be one-sixteenth (1/16) inch in order to provide fire protection for unburned powder.
2. 
When the ceiling construction is of other than reinforced or precast reinforced concrete and there is a room above, such ceiling in front of the firing line for a distance of at least ten (10) feet shall be covered with a steel plate not less than one-quarter (1/4) inch in thickness.
3. 
Exposed pipes, conduits, beams, pilaster, columns, lights or any other projecting surface in front of the firing line shall be provided with protecting steel plates not less than one-quarter (1/4) inch in thickness faced with wood two (2) inches in thickness to prevent damage by stray bullets and to prevent injury to persons by richochetting bullets. These plates shall be set at such an angle that no bullet can possibly return towards the firing point.
(c) 
Door and Window Openings.
1. 
All door, window or other openings in the range, in front of the firing line, shall be protected with one-quarter (1/4) inch steel plate faced with wood one (1) inch thick.
2. 
All doors opening into the range, except those behind the firing line, shall be bolted from the inside.
(d) 
Bullet Stops.
1. 
The bullet stop shall consist of a steel plate placed at an angle of forty-five degrees (45°) from the horizontal and running the width of the range. When only twenty-two caliber (.22) ammunition is used, the plate shall be three-eighths (3/8) inch thick if of structural sheet or one-quarter (1/4) inch thick if of armor plate. The thickness shall be increased to one-half (1/2) inch structural steel or three-eighths (3/8) inch armor plate if thirty-eight caliber (.38) or forty-five caliber (.45) ammunition is used.
2. 
The plates of the bullet stop shall be butted tightly together and bolted to an angle or tee at the joints using countersunk heads on the face. Shiplap joints or welded joints can be used also. Targets should not be mounted in front of any joints.
3. 
The side walls at the bullet stop shall be covered by one-quarter (1/4) inch steel plate, not less than two (2) feet wide and slanting with the bullet stop to protect the walls from the spatter of lead.
4. 
At the base of the inclined bullet stop there shall be provided a box, not less then five (5) feet wide and running the width of the range, with not less than six (6) inches of clean sand or sawdust or not less than twelve (12) inches of water to catch the deflected bullets.
(e) 
Targets.
1. 
Targets shall be stationary bull's-eye type. All moving targets are prohibited.
2. 
There shall be provided a target carrier system or device for running the targets back and forth between the firing line and the bullet stop which will eliminate the necessity of any one going in front of the firing line during the progress of firing for the purpose of changing targets.
(f) 
Firing Line. At the firing line a bench, shelf or other separation, not less than three (3) feet high and running the width of the range, shall be provided. The lower part of such bench, shelf or other separation shall be open to permit shooting under it in the kneeling, sitting or prone position.
No person shall be permitted in front of the firing line during the progress of firing.
(g) 
Sound Quieting Treatment. Shooting premises located adjacent to premises used in whole or in part for residence purposes shall not be offensive by reason of the emission of noise to the outdoors. In such cases, where the noise of firing is conveyed to the outdoors, the walls and ceiling of the shooting premises or range shall be covered with sufficient sound absorbing material to eliminate the nuisance, or sound absorbing boxes, in which the muzzle of the gun is inserted before firing, shall be used.
(h) 
High-Powered Rifles. The firing of high-powered rifles shall not be permitted on any shooting premises. A high powered rifle is hereby defined as one which discharges a center fire cartridge.
(i) 
No person shall consume fermented malt beverages or intoxicating liquor upon that part of the premises licensed as a shooting gallery, gun range or place to practice target shooting.

9.11 (Reserved)

[Ord. 6347, 11/17/1997; Ord. 6355, 1/6/1998; Ord. 6387, 6/2/1998; Ord. 6388, 6/2/1998; Ord. 6424, 3/2/1999; Ord. O-2002-0027, 2/4/2003 repeal]

9.125 Used Vehicles, Dealers License Required.

[Ord. 6049, 10/19/1993]
(1) 
License. No person, firm, corporation, partnership or other legal entity shall engage in the business of buying, selling, exchanging or dealing in used or second hand motor vehicles unless licensed by the City and except in accordance with the terms and requirements of this ordinance. "Business" means the buying, selling, exchanging or receiving into possession motor vehicles for the purpose of earning a livelihood therefrom on a full- or part-time basis. "Motor vehicle" shall have the meaning set forth in § 340.01(35) of the Wisconsin Statutes.
(2) 
License Application. Written applications for used or second hand motor vehicles shall be on forms provided by the City Clerk. The license year shall be from May 1 to April 30. Any license granted under the authority of this ordinance shall not be transferable. The license application shall contain the following information:
(a) 
Name and address of applicant.
(b) 
Address, location and legal description of the premises for which license is sought. Each non-contiguous premises shall be separately licensed, except that a lot or parcel with no buildings upon it that is within five hundred (500) feet of a licensed premises that is used solely to display additional vehicles need not be separately licensed.
[Ord. 6300, 4/1/1997]
(c) 
If the applicant is a partnership, association or corporation, the application shall set forth the names and addresses of the partners, officers or members, together with the information required in subsection (a) hereof. If the applicant is a corporation, the application shall set forth such fact together with the state of incorporation. The application shall also contain the names and addresses of one or more persons whom such corporation or association shall designate as manager or person in charge.
(d) 
Fees. The license fee shall be two hundred thirty dollars ($230.00) per annum, payable to the City Clerk/Treasurer upon application, and such license shall expire on the 30th day of April after the granting thereof, unless soon revoked by the Common Council. The license shall be attested by the City Clerk/Treasurer and shall not be delivered to the applicant until he shall produce and file with the City Clerk/Treasurer a receipt showing the payment of the sum required therefor to the City Treasurer.
[Ord. 6055, 11/15/1993; Ord. O-2009-0033, 11/3/2009]
(3) 
Reports Required. License applications shall be referred by the City Clerk to the Building Inspector and the Chief of Police who shall report on same to the Common Council within fifteen (15) days after referral.
(4) 
Landscape/Screening Plans. Prior to the license being granted, the applicant shall submit landscape/screening plans to the Plan Commission for approval. The grant of a license under this section is subject to approval of said plans by the Plan Commission and implementation of the plans by the licensee.
(5) 
Common Council Action. Upon receipt of the reports and plans and upon a finding by the Common Council that the granting of the license will not adversely affect the public health, welfare and safety, the Common Council shall grant the license, signed by the Mayor and City Clerk and thereafter issued by the Clerk, subject to suspension or revocation, as thereafter set forth.
(6) 
Premises to Comply with Ordinances and Orders. All licensed premises shall be kept reasonably clean and shall comply with all lawful ordinances and orders of the City of West Allis and its officials. The premises shall be open to inspection by the City Police and licensing officers during normal business hours.
(7) 
Licensee to Keep Records.
(a) 
Every person, firm or corporation engaged in the business of buying, selling, exchanging or trading in used or secondhand motor vehicles, and every person, firm or corporation engaged in the business of buying or selling new motor vehicles, shall keep a daily record of all used or secondhand motor vehicles and, in addition thereto, wherever available, the motor number, factory number, body number, color, type, model and other marks of identification, the date of purchase or trade, together with the names of persons involved in the transaction. The records required by this section shall be preserved for a period of two (2) years and made available to the Police Department upon demand.
(b) 
Any person, firm or corporation dealing in new and used or secondhand motor vehicles, wherever a used or second hand motor vehicle is taken in trade as part payment on the price of a new motor vehicle, shall make a record of the motor number, factory number, body number, color, type and model, together with other marks of identification of such used or secondhand motor vehicle. In addition thereto, the full name, place of residence of the person trading in such used motor vehicle, the state license number and data pertaining to the bill of sale or other evidence of title shall be preserved for a period of two (2) years and made available to the Police Department upon demand.
(8) 
Licensee to Furnish Statement. Any person, firm or corporation licensed under this section shall furnish to each buyer a statement in writing bearing the signature of the seller or an authorized representative of the same, upon the sale of a used or second hand automobile and before delivery of the same to the purchaser, containing the following information:
(a) 
Year and make of car;
(b) 
Model number;
(c) 
Style and body type;
(d) 
Motor number and age;
(e) 
Serial number of chassis;
(f) 
Purchase price of car;
(g) 
Finance charges:
1. 
Interest fees;
2. 
Cost of insurance:
a. 
Fire;
b. 
Theft;
c. 
Liability;
d. 
Other type of insurance;
3. 
Brokerage fees;
4. 
Other finance charges.
(9) 
Suspension and Revocation. The license provided herein shall be revoked or suspended at any time by the Common Council after a hearing at which it has been found that the licensee had failed or refused to comply with the terms and conditions of this ordinance or lawful orders issued hereunder. Such hearing may be held by the Common Council upon its motion or upon a complaint, in writing, duly signed and verified by a complainant. Such complaint shall state the nature of the alleged failure to comply with this ordinance or lawful order issued hereunder. A copy of the complaint, together with a Notice of Hearing, shall be served upon the licensee not less than ten (10) days prior to the date of the hearing.
(10) 
Any person, firm or corporation violating any of the provisions of this ordinance shall, upon conviction thereof, forfeit not more than one hundred dollars ($100), together with the cost of prosecution and, in default thereof, be imprisoned in the Milwaukee County House of Correction until said forfeiture and costs are paid, but not in excess of the number of days set forth in sec. 800.095(a) of the Wisconsin Statutes, or by suspension of operating privileges pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes. Each and every day during which a violation continues constitutes a separate offense.

9.128 Trailer and Truck Rental.

(1) 
License. No person, firm or corporation shall engage in the business of renting utility trailers, travel trailers, camping trailers, truck campers, motorized camping vans and/or van-type trucks, unless licensed by the City and except in accordance with the terms and requirements of this section. For purposes of this section, the definition of "utility trailer," "travel trailer," "camping trailer," "truck camper" and "motorized camping van" shall be the same as these terms are defined in sections 12.16(31) through (35) of this Code.
(2) 
License Application.
(a) 
Written applications for original and renewal licenses to rent such trailers and/or trucks shall be on forms provided by the City Clerk. The license year shall be from July 1 to June 30. Any license granted under authority of this section shall be nontransferable as to licensee or premises covered by such license.
(b) 
The license application shall contain the following information:
1. 
Name and address of applicant.
2. 
Address, location and legal description of the premises for which the license is sought. The applicant shall submit with the application for a license, a plot plan drawn to accurate scale showing the location on such premises of any buildings or structures, driving lanes, entrances and exits and parking areas for such trailers and trucks or for any motor vehicles.
3. 
If the applicant is a partnership, association or corporation, the application shall set forth the names and addresses of the partners, officers, or members together with the information required in Paragraph 1 hereof. If the applicant is a corporation, the application shall set forth such facts together with the state of incorporation. The application shall also contain the names and addresses of one or more persons whom such applicant shall designate as manager or person in charge of the premises.
(c) 
Any application for such trailer and truck rental license, including renewal applications, shall be filed with the City Clerk not less than thirty (30) days prior to the date the license is desired or required to be obtained, and no license shall be issued until at least thirty (30) days has elapsed after the application therefor has been filed.
(d) 
Whenever anything occurs to change any facts set out in any application, the licensee shall file with the City Clerk within ten (10) days after the occurrence thereof a notice in writing of such change.
(3) 
Fees. The annual license fees for such trailer and truck rental operation shall be eight dollars ($8.00) per license year, payable to the City Clerk/Treasurer upon application, for each trailer or truck to be located on such premises.
[Ord. 6055, 11/15/1993; Ord. O-2009-0033, 11/3/2009]
(4) 
Reports Required. License applications shall be referred by the City Clerk to the Director of the Department of Building Inspections and Zoning and Fire Chief who shall inspect the premises to be licensed and shall report on same to the Common Council within fifteen (15) days after referral. The inspection shall certify that the subject premises are in conformance with all applicable codes and regulation. Where violations of existing codes and regulations exist, these must be corrected prior to the issuance of the license.
(5) 
Common Council Action. Upon receipt of said reports and upon finding by the Common Council that the following requirements have been met and the granting of the license will not adversely affect the public health, welfare and safety, the license shall be granted by the Common Council, signed by the City Clerk and thereafter issued by the City Clerk to the licensee upon presentation of a receipt of payment of the required fees from the City Treasurer.
(a) 
The premises and all structures thereon shall be so situated and constructed that the rental of such trailers and/or trucks may be conducted in a sanitary manner, shall comply with municipal and state safety fire requirements, zoning and building codes and shall be open for inspection during normal business hours by proper health, fire and police authorities.
(b) 
Premises shall be kept reasonably clean and free of litter and debris. No refuse, trailer or truck parts or accessories, or junked trailers or trucks, shall be permitted on the premises unless they are stored within a structure or container approved by the Director of the Department of Building Inspections and Zoning.
(c) 
Areas used for parking such trailers shall provide at least one hundred (100) square feet of space for each such trailer; areas used for parking van-type trucks and all other motor vehicles shall provide spaces of a size required in Sections 12.12(3) and 12.43(2) of this Code, whichever is applicable. Such areas shall be surfaced with bituminous asphalt or concrete, shall be provided with underground storm drains as required by Sections 16.09(21) and (22) of this Code, shall provide adequate driving lanes, entrances and exits, and all lanes, drives, entrances, exits and parking spaces shall be clearly marked.
(d) 
Where a property line of a premise to be licensed abuts upon a residential zoned district as established in Chapter XII of this Code or is separated from such district by an alley, there shall be provided a solid wall, fence or hedge not less than four (4) feet high nor more than six (6) feet high along the abutting lot line and shall be installed in accordance with Section 10.035 of this Code. Where such property line abuts an alley, the Director of the Department of Building Inspections and Zoning may authorize openings in such wall, fence or hedge to permit access to the premises from such alley for entering, exiting and parking and in the interest of safety may authorize a reduction in height requirements of such wall, fence or hedge.
(e) 
The licensee shall have procured all other required permits and license, including, but not limited to, an occupancy permit pursuant to Section 12.44 of this Code and, where required, an off-street parking permit pursuant to Section 10.13 of this Code.
(6) 
Revocation of License. The license provided herein shall be revocable at any time by the Common Council after a hearing at which it has been found the licensee has failed or refused to comply with the terms and conditions of this section or lawful orders issued hereunder. A revocation hearing shall be held by the Common Council upon its own motion or upon a complaint in writing duly signed and verified by the Director of the Department of Building Inspections and Zoning. Such complaint shall state the nature of the alleged failure to comply with this section of lawful order issued hereunder. A copy of the complaint, together with a notice of hearing, shall be served upon the licensee not less than ten (10) days prior to the date of hearing.
(7) 
Enforcement. The Director of the Department of Building Inspections and Zoning is hereby designated as the administrator of this section. He shall cause to have inspected at the time that any application, including renewal applications for a license, is received, or upon written complaint of violations of this section, all premises covered by this section. Upon a finding that a licensee is in violation of this section, the Director shall issue a written order requiring compliance within thirty (30) days of date of order with the terms of this section. Should the licensee fail to comply with the order, the Director shall submit in writing a complaint to the Common Council which shall hold a hearing, as prescribed in section (6) above.

9.13 Salvage and Recycling Centers.

[Ord. 6093 (repeal & recreate 9.13), 4/19/1994]
(1) 
License Required. No person or persons, association, partnership, firm or corporation shall keep, conduct or maintain with the City any building, structure, yard or place for keeping, storing or piling in commercial quantities, whether temporarily, irregularly or continually, or for the buying or selling at retail or wholesale or dealing in any old, used or second hand materials of any kind, including cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, brass, copper or other metal, furniture, motor vehicles or other articles, which from its worn condition renders it practically useless for the purpose for which it was made and which is commonly classed as junk or recyclable material, whether within a fixed place of business or as an itinerant peddler, without first having obtained and paid for a license as hereinafter provided. One carrying on the aforesaid business shall be referred to herein as a "salvage dealer."
(2) 
Every applicant for a license to engage in the business of salvage dealing shall file with the City Clerk a written application upon a form prepared and provided by the City Clerk, signed by the applicant or applicants. The application shall contain:
[Ord. O-2015-0015, 2/17/2015]
(a) 
The names and residences of the applicants, if an individual, partnership or firm, or the names of the principal officers and their residences, if the applicant is an association or corporation.
(b) 
Whether the applicant or applicants or officers or managers of a corporation have committed a crime, statutory violation punishable by forfeiture, or county or municipal ordinance violation; and, if so, what offense, when, and in what court.
(c) 
Whether the applicant or applicants or officers or manager of applicant has been employed by a salvage dealer or has been a salvage dealer.
(d) 
The detailed nature of the business to be conducted and the kind of materials to be collected, bought, sold or otherwise handled.
(e) 
The premises where such business is to be located or carried on.
(f) 
Whether the business intends to deal in, accumulate or store junked motor vehicles or parts thereof.
(3) 
Notarization. Every application for a license to engage in the business of salvage dealer shall be signed and acknowledged before a notary public or other officer authorized to administer oaths.
(4) 
Requirements for License.
(a) 
The City Clerk shall report each application to the Police Chief, Health Commissioner, Fire Chief, Director of Development, and Director of Building Inspection and Neighborhood Services, who shall inspect or cause to be inspected such premises and applicants to determine whether they comply with all laws, ordinances, rules and regulations.
[Ord. O-2015-0015, 2/17/2015]
(b) 
The premises of the salvage dealer and all structures thereon shall be so situated and constructed that the business may be carried on in a sanitary and safe manner and shall be arranged so that thorough inspections may be made at any reasonable time by the proper health, fire, building, zoning, and police authorities.
[Ord. O-2015-0015, 2/17/2015]
(c) 
Prior to the license being granted, the applicant shall submit a site and landscape/screening plan to the Plan Commission for approval. The grant of a license under this section is subject to approval of said plans by the Plan Commission and implementation of the plans by the licensee. When reviewing the plans, the Plan Commission shall include a requirement that the premises be enclosed with fencing and landscaping, which in combination, are no less than seven (7) feet in height, effectively screening the salvage business from abutting private and public properties. No junk or other materials of the salvage business shall be stored or piled so as to extend above the height of the enclosure, nor shall any such material be stored outside the enclosed area.
(d) 
If the salvage dealer intends to deal in, accumulate or store junked motor vehicles or parts thereof, the Common Council, under authority of § 175.25(1) of the Wisconsin Statutes, shall specify the quantity and manner of storing junked automobiles outside of building on the premises and shall establish setback requirements, pursuant to § 175.25(2) of the Wisconsin Statutes.
(e) 
The burning of auto bodies, tires, furniture, paper, plastic and other material is prohibited.
(5) 
License Fee. Every salvage dealer shall pay an annual license fee of two hundred thirty dollars ($230.00). All licenses shall be issued as of July 1 and shall continue in force until June 30 next succeeding the date of issuance, unless sooner revoked.
[Ord. O-2009-0033, 11/3/2009]
(6) 
Issuance of License. Upon the filing of an application as provided in the preceding subsection, the Clerk shall, upon approval of such application by the Common Council and the payment to the City of the license fee, issue to the applicant a license to engage in the business, as provided in Subsection (1). All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the salvage business, the date of issuance and expiration of the license and the name and address of the licensee.
(7) 
Posting License. Every salvage dealer licensee shall at all times keep the license posted in a conspicuous place on the premises described in the application for such license. No person shall post such license upon premises other than those mentioned in the application, or knowingly deface or destroy any such license.
(8) 
Change of Location. Every salvage dealer's license shall designate the place of business in or from which the salvage dealer shall be authorized to carry on such business. No licensee shall remove his or its place of business from the place designated in the license until authorization has been secured from the City, and the same shall have been endorsed upon the license.
(9) 
Restrictions.
(a) 
No salvage dealer shall carry on the business at or from any other place than the one designated in the license, nor shall the business be carried on while the license is suspended or after it has been revoked or has expired.
(b) 
Hours of operation may be regulated by the License and Health Committee to such hours as reasonable, given the location of the salvage business.
(10) 
Rules by Health Commissioner. The Health Commissioner shall formulate reasonable rules and regulations relating to the conduct of the business of salvage dealing, which shall protect the health of the community. No salvage dealer shall violate any such rule or regulation.
(11) 
Concealing Identity of Used Cars. No person or corporation shall knowingly buy, sell, receive, dispose of, conceal, or have in his/her possession any motor vehicle, part or accessory from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of such vehicle, part, or accessory. Every person to whom is offered for sale, storage, or wreckage any motor vehicle, part or accessory from which has been removed, defaced, covered, altered, or destroyed the manufacturer's serial number or any other number or identification mark shall immediately notify the West Allis Police Department of such offer.
[Ord. O-2015-0015, 2/17/2015]
(12) 
Lost or Stolen Materials. Any salvage dealer or peddler having or receiving any goods, articles, or other materials, which he or she knows or has reason to believe are lost or stolen, shall notify the Police Department of said materials and the reasons why it is believed they are lost or stolen.
[Ord. O-2015-0015, 2/17/2015]
(13) 
Suspension and Revocation of License. The procedure for the suspension, revocation, and nonrenewal of license shall be as set forth in Section 9.35(3) of this Code, except that any summons and complaint shall be served upon the licensee no less than ten (10) days prior to the hearing.
[Ord. O-2015-0015, 2/17/2015]
(14) 
Regulations.
[Ord. O-2015-0015, 2/17/2015]
(a) 
Definitions.
1. 
"Regulated property" shall mean aluminum siding, gutters, downspouts, screens, windows, window frames and doors, metal bathtubs and sinks, nonplastic pipe, copper, nonferrous metal items other than aluminum cans, batteries used in motor vehicles, telecommunication wire, sheet metal, stained glass, traffic signs, aluminum light poles, water meters, cemetery monument plaques, fixtures from houses of worship, catalytic converters, and manhole covers, including lids, grates, and frames.
2. 
"Truckload and bulk purchases" shall mean the purchase of property by weight, or in quantity, without unloading or closely inspecting individual items of property when purchased. Truckload and bulk purchases shall be at least six (6) discrete items if purchased in quantity and not less than two hundred (200) pounds if purchased by weight.
(b) 
Identification. No salvage dealer shall purchase any regulated property without first obtaining adequate identification, as defined in Section 9.15(3)(a) of this Code, from the seller.
(c) 
Recordkeeping.
1. 
For each purchase, receipt, or exchange of any regulated property from a customer, every salvage dealer licensed under this section shall complete a property transaction form. Such form shall contain a transaction number; the date of the transaction; the printed name and address of the seller; the type and weight of the property purchased, by the truckload or in bulk if a truckload or bulk purchase, along with any other additional description of the property; the amount paid for the property; and the seller's signature. The form shall be kept either as a computer file or in a written document approved by the Chief of Police or the Chief's designee. No entry on such a form may be erased, mutilated, or changed. The salvage dealer shall maintain computerized files and written property transaction forms and retain them for not less than one (1) year after the date of the transaction.
[Ord. O-2015-0027, 4/21/2015]
2. 
For each purchase, receipt, or exchange of any regulated property from a customer, every salvage dealer licensed under this section shall keep a permanent record and written inventory in such form as the Chief of Police shall prescribe, in which the dealers shall record legibly in English the name, address, and date of birth of each customer and driver's license number or number of other adequate identification presented. The dealer shall also record the date, time, and place of the transaction; the amount paid for the property; and an accurate and detailed account and description of each item being purchased, including, but not limited to, any trademark, identification number, serial number, model number, brand name, description by weight and design of such article, and other identifying marks and identifying descriptions of personal nature. The written inventory shall be kept in a computerized file or in ink, and no entry in such inventory shall be erased, mutilated, or changed. The dealer shall retain each record and inventory for not less than one (1) year after the date of transaction.
[Ord. O-2015-0027, 4/21/2015]
3. 
Every dealer shall on a weekly basis prepare a list that contains the name and address of each customer during the week for which the list was prepared, the date, time, and place of each transaction with each of those customers, and a detailed description of the regulated property, including the serial number and model number, if any. The dealer shall retain the list for not less than one (1) year after the date on which the list was prepared.
4. 
The dealer shall also obtain a written declaration of the seller's ownership which shall state whether the regulated property is totally owned by the seller, how long the seller has owned the regulated property, whether the seller or someone else found the regulated property, and, if the regulated property was found, the details of its finding. The dealer shall retain an original and duplicate of the declaration for not less than one (1) year after the date of the transaction. The declaration shall be written on a form that the Chief of Police shall prescribe.
5. 
The seller shall sign, in ink or by electronic signature, his or her name in such inventory register and on the declaration of ownership.
[Ord. O-2015-0027, 4/21/2015]
6. 
Such inventory registers, declarations of ownership, and weekly lists shall be made available to any police officer for inspection at any time that the dealer's principal place of business is open or within one (1) business day of an officer's request.
(d) 
Exceptions to Recordkeeping.
1. 
The description of the property purchased by salvage dealers by the truckload or in bulk shall be limited to a listing of the quantity or the weight purchased by category of regulated property purchased and shall be exempt from the property description provisions of Subsection (c)2.
2. 
Salvage dealers making truckload and bulk purchases shall include a color photograph of the truckload or bulk purchase as a whole and not of individual items purchased.
(e) 
Electronic Reporting.
1. 
Any dealer shall electronically report each item of regulated property purchased or received using a computer program approved by the West Allis Police Department. Such report shall occur no more than twenty-four (24) hours after the article is purchased or received and shall obtain a complete description as required in Subsection (14)(c)2 and a clear, unaltered digital photograph of any regulated property without a serial or identification number.
(f) 
Holding Periods.
1. 
Any regulated property purchased or received by the salvage dealer shall be kept on the dealer's premises or other place for safekeeping not less than forty-eight (48) hours after the date of purchase or receipt. Any regulated property shall be held separate and apart from any other transaction and shall not be changed or altered in any manner. The dealer shall permit the Chief of Police or any other police officer designated by the Chief to inspect the regulated property during the holding period. If the Chief of Police or any other police officer designated by the Chief has reason to believe any regulated property was not sold by the lawful owner, he or she may cause any regulated property purchased or received to be held for an additional length of time as he or she deems necessary after the elapse of the initial forty-eight-hour holding period for identification by the lawful owner.
(g) 
Report to Police. All salvage dealer licensees and their employees shall report to the police any item presented to them during the course of business that the licensee or employee has reason to believe was stolen, either by the person presenting the item or another party.
(h) 
Wholesale Lots. This subsection shall not apply to the buying, handling, and selling of scrap metal in wholesale lots from regularly established foundries, mills, manufacturers, or licensed salvage dealers.
(15) 
Transactions with Minors.
[Ord. O-2015-0015, 2/17/2015; Ord. O-2015-0027, 4/21/2015]
(a) 
No salvage dealer may engage in a transaction of purchase, receipt, or exchange of any regulated property from an unemancipated minor unless the minor is accompanied by his or her parent or guardian at the time of the transaction or the minor provides written consent from his or her parent or guardian to engage in the transaction.
(16) 
Transaction Involving Article Not Owned.
[Ord. O-2015-0015, 2/17/2015]
(a) 
No person shall sell, leave, or deposit any item with or to a salvage dealer if the item of property is not owned by the person; the item of property is the property of another, regardless of whether the transaction is occurring with the permission of the owner; or another person has a security interest in the item of property.
(b) 
This subsection shall not apply to any person selling, leaving, or depositing any item with or to a salvage dealer if the person is any of the following: a duly executed power of attorney for the owner of the item of property; a personal representative of the estate to which the item of property belongs; or a recipient of a lawful written authorization to sell, leave, or deposit the item of property issued by the owner of the property prior to the time of the transaction.
(17) 
Truth of Statements. All matters submitted in writing to the City by any applicant or licensee pertaining to a salvage dealer license shall be true.
[Ord. O-2015-0015, 2/17/2015]
(18) 
Conditions of License. All licenses granted hereunder shall be granted 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:
[Ord. O-2015-0015, 2/17/2015]
(a) 
Every applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of city ordinances or state laws.
(b) 
The license holder and/or the employees and agents of the license holder shall cooperate with police investigations of theft, fraud, burglary, and other violations of City and state laws. "Cooperate," as used in this subsection, shall mean calling the police when a violation of the law, including, but not limited to, loitering, disturbance of the peace, or suspected stolen items occurs on the licensed premises and providing complete and truthful responses to police inquiries. A license holder shall also appear before the License and Health Committee when requested to do so and shall otherwise follow the lawful directives of the License and Health Committee.
(c) 
The licensee shall comply with all other provisions of this section and all other ordinances of the City of West Allis and the laws of the State of Wisconsin.
(19) 
Penalties.
[Ord. O-2015-0015, 2/17/2015]
(a) 
Any person, firm or corporation violating this section shall, upon conviction for a first offense, forfeit not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), together with the costs of prosecution and, in default of payment, shall be imprisoned in the House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Sec. 800.095(1)(b)1, Wis. Stat.
(b) 
Any person, firm or corporation violating this section shall, upon conviction for the second or subsequent offenses, forfeit not less than five hundred dollars ($500), nor more than two thousand dollars ($2,000), together with the costs of prosecution and, in default of payment, shall be imprisoned in the House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Sec. 800.095(1)(b)1, Wis. Stat.

9.14 Junkers and Junk Pickers.

(1) 
Definition. A junker is defined as any person, firm or corporation who picks up, gathers, assorts, carries away or in any manner handles or causes to be handled any material of any kind on a public or City dump for salvage, junking or scavenging.
(2) 
Permit Required. No person, firm or corporation shall operate as a junker or junk picker on a public or City dump without first having secured a permit from the Director of Public Works to so operate.
(3) 
Permit Fee. The fee for such permit shall be paid to the City Treasurer and shall be ten dollars ($10) for a period of three (3) months from date of issuance.
(4) 
Restrictions.
(a) 
Each junker to whom a permit is issued under this section shall wear an appropriate badge with the words "City Junker and Permit No.," as issued by the Public Works Department with the junker's permit number impressed thereon.
(b) 
Each junker shall meet, follow and obey the rules and regulations of the Director of Public Works governing the conduct of public or City dumps or junkers.
(c) 
Each junker shall obey any reasonable order of any City police officer or any officer, agent or employee of the City in charge of or supervising the operations of such public or City dump.
(5) 
Rules by Director of Public Works. The Director of Public Works may make and promulgate appropriate rules and regulations governing the physical operation of public and City dumps and junkers, and the conduct of junkers on such dumps.

9.15 Pawn Shops, Secondhand Stores, Secondhand Jewelry Dealers.

[Ord. O-2004-0011, 3/16/2004; Ord. O-2007-0049, 12/18/2007; Ord. O-2009-0020, 8/4/2009]
(1) 
State Regulations. Except as otherwise provided herein, the provisions of Wisconsin Statutes Sec. 134.71, relating to the regulations for pawnbrokers and secondhand article and secondhand jewelry dealers, are adopted by reference.
(2) 
License Required.
(a) 
No person shall operate any pawn shop, secondhand or junk store, or deal in secondhand precious metals, gems or jewelry in the City of West Allis without first having obtained a license from the City of West Allis therefor. No license fee shall be charged to a charitable organization registered pursuant to Sec. 440.42, Wis. Stat.
[Ord. O-2011-0006, 3/1/2011]
(b) 
Exceptions. The requirements of this section do not apply to the following:
1. 
Transactions involving occasional garage or yard sales, estate sales, coin, gem, antique or stamp shows, conventions or auctions.
2. 
Transactions involving the purchase of grindings, filings, slag, sweeps, scraps or dust from an industrial manufacturer, dental laboratory, dentist or agent thereof.
3. 
Transactions involving the purchase of photographic film, including lithographic and x-ray film for reprocessing.
4. 
Transactions between dealers licensed under this section.
5. 
Any transaction between a buyer of a new article and the person who sold the article when new which involves a return of the article or jewelry or an exchange of the article for a different, new article or jewelry.
6. 
Any transaction as a purchaser or seller of a secondhand article which the person bought from a charitable organization if the secondhand article was a gift to the charitable organization.
7. 
Any transaction entered into by a person while engaged in a business of smelting, refining, assaying or manufacturing precious metals, gems or other valuable articles if the person has no retail operation open to the public.
[Ord. O-2011-0006, 3/1/2011]
(3) 
Definitions.
(a) 
"Adequate Identification means one of the following types of identification:
1. 
A county identification card;
2. 
A state identification card;
3. 
A valid Wisconsin motor vehicle operator's license;
4. 
A valid motor vehicle operator's license, containing a picture, issued by another state;
5. 
A military identification card;
6. 
A valid passport;
7. 
An alien registration card;
8. 
A senior citizen identification card containing a photograph;
9. 
Any identification document issued by a state or federal government, if the pawnbroker, secondhand jewelry dealer, or secondhand article dealer obtains a clear imprint of the customer's right index finger.
(b) 
"Article" means any of the following objects:
[Ord. O-2015-0004, 1/20/2015]
1. 
Audiovisual equipment.
2. 
Bicycles.
3. 
China.
4. 
Computers, printers, software, and computer supplies.
5. 
Computer toys and games.
6. 
Crystal.
7. 
Electronic equipment.
8. 
Firearms, knives, and ammunition.
9. 
Fur coats and other fur clothing.
10. 
Furniture.
11. 
Jewelry.
12. 
Lawn decorations.
13. 
Lawn equipment.
14. 
Leather coats or other leather clothing.
15. 
Microwave ovens.
16. 
Motors.
17. 
Office equipment.
18. 
Paper money.
19. 
Pianos, organs, guitars, and other musical instruments.
20. 
Silverware and flatware.
21. 
Small electrical appliances.
22. 
Snow removal equipment.
23. 
Sports equipment.
24. 
Sports memorabilia, excluding trading cards.
25. 
Telephones.
26. 
Tools.
27. 
Video tapes or discs, audio tapes or discs, and other optical media.
(c) 
"Pawnbroker" is defined as any person who engages in the business of lending money on the deposit or pledge of any article or jewelry other than choses in action, securities or written evidences or indebtedness; or purchases any article or jewelry with an expressed or implied agreement of understanding to sell it back at a subsequent time at a stipulated price.
(d) 
"Secondhand Article or Junk Dealer" is defined as any person, other than an auctioneer, who engages in the business of purchasing or selling secondhand articles as defined above, who is not either a "pawnbroker" or a "secondhand jewelry dealer," as defined above.
[Ord. O-2010-0004, 1/5/2010]
(e) 
"Secondhand Jewelry Dealer" is defined as any person, other than an auctioneer, who engages in any business of any transaction consisting of purchasing, selling, receiving, or exchanging secondhand jewelry, who is not a pawnbroker within the above definition.
(4) 
Licenses. All licenses issued under this section shall expire effective June 30 of the calendar year following issuance.
(a) 
Fees.
[Ord. O-2009-0033, 11/3/2009]
1. 
The license fee for a pawnbroker's license shall be two hundred twenty-five dollars ($225.00) per year.
2. 
The license fee for a secondhand jewelry dealer shall be one hundred seventy-five dollars ($175.00) per year.
3. 
The license fee for a secondhand article dealer shall be ninety dollars ($90) per year.
(5) 
License Issuance and Granting.
(a) 
Application for licenses shall be submitted to the City Clerk who shall refer each application to the Common Council. Required license fees shall accompany any application received by the Clerk.
(b) 
It is hereby deemed to be in the public interest to discourage trafficking in stolen property and to assist the police authorities in the recovery of stolen goods and the apprehension of thieves. Therefore, the Common Council may grant the license if the following apply:
1. 
The applicant, including an individual, a partner, a member of a limited liability company or an officer, director or agent of any corporate applicant, has not been convicted of a felony, misdemeanor, statutory violation punishable by forfeiture, or county or municipal ordinance violation in which the circumstances of the felony, misdemeanor, or other offense substantially relate to the circumstances of being a pawnbroker, secondhand article dealer, or secondhand jewelry dealer.
2. 
With respect to an applicant for a pawnbroker's license, the applicant provides to the City Clerk a bond of five hundred dollars ($500) with not less than two (2) sureties, for the observation of all municipal ordinances relating to pawnbrokers.
3. 
Compliance with all other applicable codes and regulations.
(c) 
No license issued under this subsection may be transferred.
(d) 
Whenever anything occurs to change any fact set out in the application of any licensee, such licensee shall file with the issuing authority a notice in writing of such change within ten (10) days after the occurrence thereof.
(6) 
Investigation of License Applicant.
(a) 
The Chief of Police or his or her designee shall investigate each applicant for a pawnbroker's, secondhand article dealer's, or secondhand jewelry dealer's license to determine whether the applicant has been convicted of a felony, misdemeanor, statutory violation punishable by forfeiture, or county or municipal ordinance violation in which the circumstances of the felony, misdemeanor, or other offense substantially relate to the circumstances of the licensed activity and, if so, the nature and date of the offense and the penalty assessed. The results of the investigation shall be furnished to the City Clerk in writing.
(7) 
Records To Be Maintained.
(a) 
Identification of Seller. No pawnbroker, secondhand article dealer, or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer without securing adequate identification from the customer at the time of the transaction.
(b) 
Dealer to Maintain, Register, and Obtain Declaration of Seller's Ownership.
1. 
For each purchase, receipt, or exchange of any secondhand article or secondhand jewelry from a customer, every pawnbroker, secondhand article dealer, and secondhand jewelry dealer licensed under this section shall require the customer to complete and sign, in ink, a property transaction form, in compliance with Wis. Stat. Sec. 134.71(12). No entry on such a form may be erased, mutilated, or changed. The pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall retain an original and a duplicate of each form for not less than one year after the date of the transaction.
2. 
For each purchase, receipt, or exchange of any secondhand article or secondhand jewelry from a customer, every pawnbroker, secondhand article dealer, and secondhand jewelry dealer licensed under this section shall keep a permanent record and inventory in such form as the Chief of Police shall prescribe, in which the dealers shall record legibly in English the name, address and date of birth of each customer and driver's license number or number of other adequate identification presented. The dealer shall also record the date, time, and place of the transaction and an accurate and detailed account and description of each article being purchased, including, but not limited to, any trademark, identification number, serial number, model number, brand name, description by weight and design of such article, and other identifying marks, identifying descriptions of the personal nature, and when applicable, whether the article is a male or female item. The book shall be kept in ink, and no entry in such book shall be erased, mutilated, or changed. The pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall retain an original and a duplicate of each record and inventory for not less than one year after the date of transaction.
3. 
Every pawnbroker, secondhand article dealer, and secondhand jewelry dealer shall on a weekly basis prepare a list that contains the name and address of each customer during the week for which the list was prepared, the date, time, and place of each transaction with each of those customers, and a detailed description of the secondhand article or secondhand jewelry, including the serial number and model number, if any. The dealer or pawnbroker shall retain the list for not less than one year after the date on which the list was prepared.
4. 
The dealer or pawnbroker shall also obtain a written declaration of the seller's ownership which shall state whether the article or jewelry is totally owned by the seller, how long the seller has owned the article or jewelry, whether the seller or someone else found the article or jewelry and, if the article or jewelry was found, the details of its finding. The dealer or pawnbroker shall retain an original and duplicate of the declaration for not less than one year after the date of the transaction.
5. 
The seller shall sign, in ink, his or her name in such inventory register and on the declaration of ownership.
6. 
Such inventory registers, declarations of ownership, and weekly lists shall be made available to any police officer for inspection at any time that the dealer's principal place of business is open or within one business day of an officer's request.
(c) 
Electronic Reporting.
[Ord. O-2010-0004, 1/5/2010; Ord. O-2015-0004, 1/20/2015]
1. 
Any dealer or pawnbroker shall electronically report each article purchased or received using a computer program approved by the West Allis Police Department. Such report shall occur no more than twenty-four (24) hours after the article is purchased or received and shall contain a complete description as required in Subsection (7)(b)(2) and a clear, unaltered digital photograph of any jewelry or article without a serial or identification number.
(d) 
Holding.
[Ord. O-2010-0004, 1/5/2010]
1. 
Holding times.
a. 
Any secondhand article or secondhand jewelry purchased or received by a pawnbroker shall be kept on the pawnbroker's premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it. Any secondhand article or jewelry purchased by a secondhand article dealer or secondhand jewelry dealer shall be kept on the dealer's premises or other place for safekeeping for not less than 21 days after the date of purchase or receipt. Any article or jewelry shall be held separate and apart from any other transaction and shall not be changed or altered in any manner. The dealer shall permit the Chief of Police or any other police officer designated by the Chief to inspect the article or jewelry during the holding period within one business day of an officer's request.
b. 
Subsection (7)(d)1a does not apply if the secondhand article or secondhand jewelry transaction is submitted to the police electronically as described in Subsection (7)(c)1. Any secondhand article or secondhand jewelry purchased or received by a pawnbroker, secondhand article dealer, or secondhand jewelry dealer that is submitted to the police electronically as described in Subsection (7)(c)1 shall be kept on the pawnbroker's, secondhand article dealer's or secondhand jewelry dealer's premises or other place for safekeeping for not less than 15 days after the date the report is electronically submitted. Any secondhand article or secondhand jewelry shall be held separate and apart from any other transaction and shall not be changed or altered in any manner. The dealer shall permit the Chief of Police or any other police officer designated by the Chief to inspect the article or jewelry during the holding period within one (1) business day of an officer's request.
c. 
Any coin or bullion purchased by a pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall be kept on the dealer's premises or other place for safekeeping for not less than 48 hours after the date of purchase or receipt. Any coin or bullion shall be held separate and apart from any other transaction and shall not be changed or altered in any manner. The dealer shall permit the Chief of Police or any other police officer designated by the Chief to inspect the coin or bullion during the holding period.
d. 
No holding periods apply to any secondhand articles or secondhand jewelry consigned to a pawnbroker, secondhand article dealer, or secondhand jewelry dealer.
2. 
The Chief of Police, or any police officer designated by the Chief, may, in his or her discretion, cause any object which has been exchanged or purchased by a dealer licensed under this section, which he or she has reason to believe was not sold or exchanged by the lawful owner, to be held for the purposes of identification or investigation for such additional reasonable length of time as the Chief of Police or designee deems necessary.
(8) 
Firearms and Jewelry Records to be Maintained.
(a) 
Report of Receipt. Every pawn broker, secondhand jewelry dealer, or secondhand article dealer in the City of West Allis who obtains by pawn, purchase or exchange any secondhand firearm, whether smooth bore, shotgun, rifle or handgun, shall, within one business day after receiving such firearm, report to the Chief of Police of the City of West Allis the fact that the same has been received, with the name, address, date of birth, and description of the person from whom such firearm was received, together with a description of such firearm.
(b) 
Every pawnbroker, secondhand article dealer, or secondhand jewelry dealer in the City of West Allis who obtains in pawn, purchase or exchange any secondhand article made in whole or in part of platinum, gold, silver, copper, brass, bronze or other precious metal, or precious or semi-precious stones or pearls, shall, within one business day after receiving such article, report to the Chief of Police of the City of West Allis the fact that same has been received, with the name, address, date of birth, and description of the person from whom such jewelry was received, together with the description of such article.
(9) 
Transactions with Minors.
(a) 
No pawnbroker, secondhand article dealer, or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from an unemancipated minor unless the minor is accompanied by his or her parent or guardian at the time of the transaction or the minor provides written consent from his or her parent or guardian to engage in the transaction.
(10) 
License Revocation.
(a) 
The Common Council may, upon sufficient cause, suspend, revoke, or not renew a license issued under this section. Cause for suspending, revoking or not renewing such license shall include, but not be limited to, the following:
1. 
Violations of this section; violations of Secs. 134.71, 943.10 (Burglary), 943.11 (Entry into locked vehicle), 943.12 (Possession of burglarious tools), 943.20 (Theft), 943.201 (Unauthorized use of an individual's personal identifying information or documents), 943.203 (Unauthorized use of an entity's identifying information or documents), 943.34 (Receiving stolen property), 943.37 (Alteration of property identification marks), 943.38 (Forgery), 943.39 (Fraudulent writings), 943.392 (Fraudulent data alteration), 943.40 (Fraudulent destruction of certain writings), 948.62 (Receiving stolen property from a child), 948.63 (Receiving property from a child) of the Wisconsin Statutes, or local ordinances in conformity with such provisions.
2. 
Any fraud, misrepresentation, or false statement contained in the application for a license.
(11) 
Penalties.
[Ord. O-2014-0080, 12/2/2014]
(a) 
Any person, firm or corporation violating this section shall, upon conviction for a first offense, forfeit not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), together with the costs of prosecution, and, in default of payment, shall be imprisoned in the House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in sec. 800.095(1)(b)1, Wis. Stats.
(b) 
Any person, firm or corporation violating this section shall, upon conviction for the second or subsequent offenses, forfeit not less than five hundred dollars ($500), nor more than two thousand dollars ($2,000), together with the costs of prosecution, and, in default of payment, shall be imprisoned in the House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in sec. 800.095(1)(b)1, Wis. Stats.
(12) 
Transaction Involving Article Not Owned.
[Ord. O-2014-0080, 12/2/2014]
(a) 
No person shall pawn, pledge, sell, consign, leave, or deposit any item with or to a licensed pawnbroker if the item of property is not owned by the person; the item of property is owned by another, regardless of whether the transaction is occurring with the permission of the owner; or another person has a security interest in the item of property.
(b) 
This subsection shall not apply to any person pledging, selling, consigning, leaving, or depositing any item with or to a licensed pawnbroker if the person is any of the following: a duly executed power of attorney for the owner of the item of property; a personal representative of the estate to which the item of property belongs; or a recipient of a lawful written authorization to pledge, sell, consign, leave, or deposit the item of property issued by the owner of the property prior to the time of the transaction.
(13) 
Conditions of License. All pawnbroker licenses granted hereunder shall be granted 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:
[Ord. O-2014-0080, 12/2/2014]
(a) 
Every applicant procuring a pawnbroker license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of City ordinances or state laws.
(b) 
The pawnbroker licensee and/or the employees and agents of the licensee shall cooperate with police investigations of theft, fraud, burglary, and other violations of City and state laws. “Cooperate,” as used in this subsection, shall mean calling the police when a violation of the law, including, but not limited to, loitering, disturbance of the peace, or suspected theft of items to be pawned or sold, occurs on the licensed premises and providing complete and truthful responses to police inquiries. A pawnbroker licensee shall also appear before the License and Health Committee when requested to do so and shall otherwise follow the lawful directives of the License and Health Committee.
(c) 
The pawnbroker licensee shall comply with all other provisions of this section and all other ordinances of the City of West Allis and the laws of the State of Wisconsin.
(14) 
Plan of Operation and Floor Plan.
[Ord. O-2014-0080, 12/2/2014]
(a) 
In any application for a pawnbroker license, the applicant shall file a detailed floor plan on an 8½-inch-by-11-inch-sized sheet of paper for each floor of the licensed premises. The floor plan shall include:
1. 
Area in square feet and dimensions of the licensed premises.
2. 
Locations of all entrances and exits to the premises together with a description of how patrons will enter the premises.
3. 
Locations of all public restrooms.
4. 
Locations of all stairs and elevators.
5. 
Location of public areas and nonpublic areas in the premises.
6. 
Location of all fire extinguishers and other safety equipment.
7. 
Location of all refuse/recycling containers inside and outside of the premises for items that are not purchased or received by the licensee.
8. 
The North point and date.
(b) 
In any application for a pawnbroker license, the applicant shall file a completed plan of operation on forms provided therefor by the City Clerk. The plan of operation shall require:
1. 
The current or planned hours of operation for the premises.
2. 
The legal occupancy capacity of the premises.
3. 
What plans the applicant has to insure the orderly appearance and operation of the premises with respect to noise and litter. This shall include a description of the number and location of exterior and interior trash receptacles.
4. 
What other types of business enterprises, if any, are planned or currently conducted at the premises.
5. 
The number of security personnel expected to be on the premises, their responsibilities, and the equipment they will use in carrying out their duties.
6. 
The number of parking spaces on the premises.
7. 
The number and location of security cameras, if any.
8. 
The name of the waste/recycling company that the licensee has or plans to contract with for removal of waste and recycling.
9. 
Any other reasonable information the License and Health Committee may require either for all applicants or in a particular case.
(c) 
For any renewal application for a pawnbroker license for which there is no change in any information that is reported in the floor plan and plan of operation as submitted with the original or previous renewal application, the licensee may refile the previous documents. The License and Health Committee may require changes to a floor plan or plan of operation based on the licensee’s past operation.
(d) 
The plan of operation is subject to approval by the License and Health Committee prior to the issuance of the license or any building, zoning, or other permits. Any alteration, change, or addition to the plan of operation shall be approved by the License and Health Committee. The License and Health Committee may change all or part of the plan of operation or may impose additional requirements to address problems created by the licensee’s operation.
(15) 
Check Issuance.
[Ord. O-2014-0080, 12/2/2014]
(a) 
For all transactions where a pawnbroker licensee pays a customer for an item where payment equals or exceeds $250, the payment shall be paid by check from the pawnbroker licensee to the customer. The pawnbroker licensee shall not thereafter cash said check and provide cash to the customer. A transaction may not be broken down in increments of less than $250 to avoid the requirements of this provision.

9.16 (Reserved)

[Ord. 6187, 9/19/1995]

9.17 (Reserved)

[Ord. 6604, 2/5/2002]

9.18 Direct Sellers and Solicitors.

[Ord. 6125, 9/20/1994; Ord. 6185, 9/19/1995; Ord. 6312, 5/6/1997]
(1) 
Statement of Purpose.
(a) 
The intent of this ordinance is to assist in ascertaining that the direct seller and solicitor is fair in dealing with all persons, and to assist in the event that the seller's or solicitor's conduct may threaten the health, safety or welfare of the citizens of West Allis.
(b) 
Findings of Fact. It is found and declared that:
1. 
The primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic;
2. 
Reasonable regulation of direct sale and solicitation is necessary to protect the public health, safety and welfare.
3. 
The regulations contained in this ordinance do not prohibit pure speech by any person, but merely regulate the activities of any persons which is commercial in nature.
(2) 
Definitions. In this ordinance:
(a) 
"Charitable Organization" shall mean any patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, person, partnership, association or corporation.
(b) 
"Clerk" shall mean the City Clerk/Treasurer.
(c) 
"Contributions" shall mean and include the words alms, food, clothing, money, property, financial assistance or other thing of value. A contribution, as defined herein, shall also include a sale or offer to sell any book, card, magazine, membership, merchandise, subscription, ticket or other thing in connection with which an appeal is made of any charitable or religious purpose.
(d) 
"Direct Sellers" means any individual who, for him/herself, or for a partnership, association or corporation, sells goods or services, or takes sales orders 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, solicitors and transient merchants. The sale of goods includes donations or contributions, whether direct or indirect, required by the direct seller for the retention of goods by a donor or prospective customer.
(e) 
"Goods" shall include personal property of any kind and shall include goods provided incidental to services offered or sold.
(f) 
"Hawker" means any person who publicly displays, exposes for sale or offers for sale any goods or services from, upon or in any vehicle, nonpermanent structure or in the open, upon any property of which he is not the legally permitted occupant, including public property.
(g) 
"Permanent Merchant" means a direct seller who, for at least six (6) months prior to the consideration of the application of this ordinance to said merchant, has continuously operated an established place of business in this City with a business occupancy permit or has for six (6) months resided in this City and legally does business from said residence.
(h) 
"Permanent business place" shall mean and include any one or more of the following:
1. 
A fixed location for which a business occupancy permit has been issued, pursuant to the Building and Zoning Codes, and that the person operating the place of business intends to become a permanent merchant of the City, or
2. 
A residence, located in this City, from which a business is lawfully operated, or
3. 
A location in the Farmers Market, or
4. 
Wisconsin agricultural producers who are selling their own products.
(i) 
"Person" shall mean any individual, firm, partnership, corporation, company, association, church, religious sect, religious denomination, society, organization or league, or one purporting to be.
(j) 
"Residential premises" shall mean a building or portion of a building used for residential purposes, including the real estate upon which any such building is located, provided that the predominant use of the real estate is for residential purposes.
(k) 
"Solicit" and "solicitation" shall mean and include any one or more of the following:
1. 
Selling or offering for sale or taking or attempting to take orders for the sale of goods or services of any kind, character or description, primarily for personal, family or household purposes;
2. 
Selling or offering for sale or taking or attempting to take orders for books, magazines, periodicals, newspapers and every other type or kind of publication;
3. 
Requesting, directly or indirectly, contributions on the plea or representation that such contributions will be used for a charitable or religious purpose.
(3) 
Regulation of Direct Sellers.
(a) 
Permit Required. No direct seller shall engage in such business within the City without first obtaining a permit from the City Clerk/Treasurer.
(b) 
Application. An applicant for a permit under this section shall file with the City Clerk/Treasurer a sworn application in writing on a form provided by the City Clerk/Treasurer which shall give the following information:
1. 
Name, address and telephone number of the applicant (temporary and permanent).
2. 
Name, address and telephone number of the person, firm association or corporation that the direct seller represents or is employed by, or whose goods are being sold.
3. 
Nature of the business to be conducted and a brief description of the goods offered and any service offered.
4. 
The location from which the business will be conducted and the proposed dates and times.
5. 
Make, model and license number of any vehicle to be used by the applicant in the conduct of the business.
6. 
Last municipalities, not to exceed three (3), where the applicant conducted similar business.
7. 
Statement as to whether the applicant has been arrested or convicted of any crime or ordinance violation related to applicant's direct sellers business within the last five (5) years, together with the nature of the offense and the place of conviction.
8. 
Proof of a state certificate of examination and approval from the sealer of weights and measures where applicant's business requires use of weighing devices approved by state authorities.
9. 
Proof of a retail food permit issued by the West Allis Health Department where the applicant's business involves the handling of food.
10. 
Where the sale of tangible personal property is involved, proof of a retail sales tax permit as required by § 77.52 of the Wisconsin Statutes.
(c) 
Permit Fee. A nonrefundable permit fee of fifty dollars ($50.00) shall be paid to the City Clerk/Treasurer at the time of application. If the permit is granted, as set forth in Section 9.18(3)(d), it shall be valid for a period of sixty (60) days from the date of issuance unless sooner revoked, pursuant to Section 9.18(9.)
[Ord. O-2009-0033, 11/3/2009]
(d) 
Investigation/Disapproval.
1. 
Upon receipt of an application and fee, the City Clerk/Treasurer may refer the application to the Chief of Police. The Chief of Police may make an investigation of the statements made in the application.
2. 
If, as a result of such investigation, the Chief of Police discovers that any representation on the application contains a material omission or inaccuracy, or the Chief is of the opinion that the applicant is not a fit person to conduct such sales, the Chief of Police shall disapprove the application and return it to the City Clerk/Treasurer along with the reason(s) for disapproval. Upon return of the disapproved application, the City Clerk/Treasurer shall notify the applicant that the permit has been denied, along with the reasons therefor.
3. 
Issuance. If the City Clerk/Treasurer does not send the application to the Chief of Police, or if the Chief of Police returns an application without a disapproval, the City Clerk/Treasurer shall then issue a permit to the applicant. The permit shall be carried by the direct seller at all times he or she is engaged in direct selling and shall contain the name of the permittee, the date of issuance and expiration and permit number. The direct seller is required to display the permit to a police officer at all times the person is engaged in direct selling.
(3m) 
Special Event Direct Sellers.
(a) 
Definition. A special event direct seller means any individual who, for him/herself, or for a partnership, association or corporation, sells goods at or along a parade or street event for which a permit has been issued, pursuant to Section 6.031.
(b) 
Permit required. No person may operate as a special event direct seller without first obtaining a permit badge. The permit badge shall be valid only for the duration of the special event.
(c) 
Application. No person may operate as a special event direct seller without first obtaining a permit badge. The permit badge shall be valid only for the duration of the special event.
(d) 
Fee. A fee of twenty-five dollars ($25.00) shall be paid to the City Clerk/Treasurer at the time of application. Upon submission of a completed application and the permit fee, the City Clerk/Treasurer shall issue a permit badge. Said badge shall be individually numbered and shall identify which event the permit is valid for.[1]
[1]
Editor's Note: Ord. O-2009-0033, 11/3/2009
(e) 
Any person engaged in special event direct selling shall wear the permit badge in a conspicuous place and display it to a police officer upon request.
(f) 
No person engaged in special event direct selling shall violate the provisions of Section 6.031(11)(c), nor shall any display or sale of merchandise or goods occur in or upon any street along the parade or street event route. "Street," for purposes of this provision, means the pavement between the curblines.
(4) 
Regulation of Hawking.
(a) 
Permit required. No person may operate as a hawker without first obtaining a permit. A permit shall be valid for a sixty (60) day period from the date of issuance, unless sooner revoked pursuant to Section 9.18(a).
(b) 
Application. An applicant for a permit under this section shall file with the City Clerk/Treasurer a sworn application in writing on a form provided by the City Clerk/Treasurer which shall give the following information:
1. 
The information required of direct sellers in Section 9.18(3)(b).
2. 
Proof of written permission from the owner or tenant of the property, public or private, upon which the business will be conducted, that the applicant may conduct such business on the premises. Such written permission shall include the name, address and telephone number of the owner or tenant.
3. 
Proof that adequate toilet facilities are available to the employees and patrons of the Hawker, together with hours of accessibility. Portable or temporary toilet facilities are not adequate.
(c) 
Zoning. No hawker may display, offer for sale or sell any goods or services in a zoning district where such a use is not permitted.
(d) 
Permit Fee. A non-refundable permit fee of fifty dollars ($50) shall be paid to the City Clerk/Treasurer at the time of application.
(e) 
Investigation.
1. 
Upon receipt of an application and fee, the City Clerk/Treasurer shall refer the application to the Chief of Police and the Building Inspector. The Chief shall make an investigation of the statements made in the application. The Building Inspector shall investigate the proposed site to determine whether secs. 9.18(4)(b) and (c) have been complied with.
2. 
If, as a result of such investigation, the Chief of Police discovers that any representation on the application contains a material omission or inaccuracy, or the Chief is of the opinion that the time and location of the sale is likely to disturb the public peace or traffic flow, or that the applicant is not a fit person to hold a permit, the Chief shall disapprove the application and return it to the City Clerk/Treasurer along with the reason(s) for disapproval.
3. 
If the Building Inspector discovers that the provisions of secs. 9.18(4)(b) and (c) have not been complied with, he shall disapprove the application and return it to the City Clerk/Treasurer along with the reason(s) for disapproval.
4. 
Upon return of the disapproved application, the City Clerk/Treasurer shall notify the applicant that issuance of a permit has been denied, along with the reasons therefor.
(f) 
Issuance. If the investigation of the Chief of Police and Building Inspector is found to be satisfactory, the Chief of Police and Building Inspector shall approve the application and return it to the City Clerk/Treasurer. The City Clerk/Treasurer shall then issue the permit which shall contain the name of the permittee, the location of the business, the kinds of goods to be sold, the date of issuance and expiration and the permit number.
(5) 
Appeal. Any person denied a permit may appeal the denial to the License and Health Committee of the Common Council, pursuant to Section 2.48(5) of the Revised Municipal Code.
(6) 
Exemptions. The following are exempt from the permit and registration provisions of this ordinance:
(a) 
Any person renting space at the Farmers Market under Section 11.14 of the Revised Municipal Code.
(b) 
Any person selling goods at wholesale to dealers in such goods.
(c) 
Any person selling agricultural products which such person has grown.
(d) 
Any person delivering newspapers, fuel, dairy products, bakery goods or similar goods to regular customers on established routes.
(e) 
Any permanent merchant engaged in a transaction initiated by the buyer specifically requesting a home visit.
(f) 
Any person selling or offering for sale a service unconnected with the sale or offering for sale of goods.
(g) 
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.
(h) 
Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of said organization; provided, that there is submitted to the Clerk proof that such charitable organization is registered under sec. 440.41 of the Wisconsin Statutes.
(i) 
Any person exempt by sec. 440.51 of the Wisconsin Statutes.
(7) 
Prohibited Practices.
(a) 
No person engaged in direct selling shall misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale or the organization he/she represents. A charitable organization direct seller shall specifically disclose, upon request, what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the goods.
(b) 
No direct seller 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 one hundred (100) foot radius of the source.
(c) 
No seller shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business.
(d) 
No Hawker shall conduct his business upon City property within the City without first obtaining permission to engage in such business.
(e) 
No Hawker shall conduct his business upon the property of another in which he is not the legally permitted occupant, without written permission from the owner of such property.
(f) 
No direct seller shall conduct his business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or constitute a hazard to traffic, life or property or an obstruction to adequate access by fire, police or sanitation vehicles.
(g) 
No direct seller shall solicit or conduct business with persons in motor vehicles.
(h) 
No direct seller shall solicit without first complying with the laws of this state and all other relevant provisions of the Revised Municipal Code of the City of West Allis.
(i) 
No Hawker may engage in displaying or selling goods or services at a location other than the location set forth in the permit.
(j) 
No person shall engage in direct selling at any residential premises or other place where a sign is displayed bearing the words "No Peddlers," "No Solicitors" or words of similar meaning.
(k) 
No person shall engage in direct selling at any residential premises or upon any other premises, after having been asked by the owner or occupant thereof to leave such premises or residence.
(l) 
There shall be no direct selling or solicitation upon any residential or other premises between the hours of 9 p.m. and 9 a.m., except by appointment.
(m) 
Not more than two (2) individuals shall engage in direct selling upon any premises for the same goods or services, or for the same religious or charitable purposes. Each individual member of a group engaged in solicitation in violations of this provision shall be deemed to have violated such provision.
(n) 
No person shall make more than one solicitation call at the same residential premises for identical goods or services or for the same religious or charitable purposes within any consecutive thirty (30) day period, without receiving a prior invitation thereof from the occupant of any such premises. This provision shall be construed to include solicitation upon the same premises by employees, agents or representatives of any person more than once during the aforesaid period without a prior invitation as herein provided.
(o) 
No person engaged in solicitation shall, at the time of initial contact with a prospective customer or donor, fail to verbally identify himself and the purpose of the solicitation.
(p) 
No person engaged in solicitation shall misrepresent the purpose of his solicitation or use any false, deceptive or misleading representation to induce a sale or contribution, or use any plan, scheme or use which misrepresents the status or mission of the person.
(q) 
No person engaged in making a solicitation shall violate any of the provisions of the Wisconsin Administrative Code, Section Ag121, concerning Referral Selling Plans, and Ag122 concerning Chain Distributor Schemes, the provisions of which are hereby adopted by reference and made a part hereof with the same force and effect as if more fully set forth herein.
(r) 
No person shall sell or solicit agricultural goods within a three-hundred-foot radius of the Municipal Market during the hours that said market is open for business.
(s) 
No solicitation shall be made at a rear door of a residence that has a usable front entrance.
(t) 
No person or corporation shall engage in selling or offering for resale any admission tickets to the Wisconsin State Fair for an amount greater than the face value of the ticket within 500 feet of the Wisconsin State Fairgrounds as designated on the City of West Allis Zoning Map. This prohibition includes holders of a direct seller's permit.
[Ord. No. O-2009-0018, 6/16/2009]
1. 
Penalty. Any person or corporation in violation of this subsection shall, upon conviction, be subject to a forfeiture of not less than five hundred dollars ($500.) and not more than one thousand dollars ($1,000.), together with the costs of prosecution, and, in default of payment thereof, shall be confined in the House of Correction of Milwaukee County until the forfeitures and costs have been paid, but not more than the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes. Each and every day that an offense continues shall constitute a separate offense.
(u) 
No person, corporation, or other entity shall, during the dates established for the Wisconsin State Fair by the State Fair Park Board under Section 42.01 of the Wisconsin Statutes, engage in any direct selling under this section within an area bounded by the north City limits, the east side of South 84th Street, the north side of West Greenfield Avenue and the west side of South 77th Street. The center line of each designated street or avenue shall constitute the outer edge of the boundary.
[Ord. O-2011-0020, 6/21/2011]
(8) 
Disclosure Requirements.
(a) 
If any sale of goods is made by a direct seller, or any sales order for the later delivery of goods is taken by the seller at residential premises, 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 twenty-five dollars ($25.), in accordance with the procedure as set forth in secs. 423.202 and 423.203 of the Wisconsin Statutes.
(b) 
If the direct seller takes a sales order at a residential premises for the later delivery of goods, he/she 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.
(c) 
It shall be the responsibility of each solicitor to display or have available, upon demand, evidence of compliance with any license, inspection, registration or permit requirement provided for under the laws and administrative regulations of this state and the provisions of the Revised Municipal Code of the City of West Allis. Any police officer or other authorized official of the City shall have the right to request evidence of compliance with the above provisions requiring any license, inspection, registration or permit.
(9) 
Revocation.
(a) 
The permit of a hawker or direct seller, may be revoked by the License and Health Committee after notice and hearing, if the holder made any material omission or materially inaccurate statement in the application, made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in direct sales, violated any provision of this section or was convicted of any crime or ordinance or statutory violation which is directly related to the permittee's fitness to engage in direct selling.
(b) 
Written notice of the hearing shall be served personally on the permittee at least seventy-two (72) hours prior to the time and place of hearing and a statement of the acts upon which the hearing will be based.
(10) 
Penalty.
(a) 
Any person convicted of violating any provisions of this ordinance shall forfeit not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) for each violation, together with the costs of prosecution and, in default of payment thereof, the defendant's operating privileges shall be suspended pursuant to sec. 343.30 and 345.47 of the Wisconsin Statutes, or by imprisonment in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not in excess of the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes.
(11) 
Severance Clause. The provisions of this ordinance are declared to be severable and, if any section, sentence, clause or phrase of this ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordinance; they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part.

9.19 Transient Photographers.

(1) 
License Required. No person shall engage in or follow the business or occupation of a transient photographer within the City without having first obtained a local license authorizing him to carry on such business within the City.
(2) 
Application. The applicant shall file, with the City Clerk, the receipt of the City Treasurer, showing the payment for the times he desires such license, and he shall at the same time file with the City Clerk, in writing, the length of time he proposes to engage in the business of a transient photographer, the location of his business and the means by which he proposes to carry on such business within the City.
(3) 
License Fees. The applicant shall pay to the City Treasurer a license fee of ten dollars ($10.) for himself and ten dollars ($10.) for each and every assistant in his employ for each and every day he proposes to carry on such business.
(4) 
Issuance of License. Upon payment of the license fee, the City Clerk shall issue a local license according to the terms of the application. The license shall be signed by the Clerk and countersigned by the Mayor; and, every such license shall authorize the person receiving the same to carry on the business of a transient photographer within the City, for the length of time and in the manner set forth in the application and license.
(5) 
Mayor May Require Bond. Whenever the Mayor shall believe any person to be a transient photographer doing business as such and doing other things in connection with the work and occupation of a photographer and if such person declares it to be his intention to become a permanent photographer in said City, said officers of said City may require said person or persons as a condition of transacting business in said City without the payment of a license fee to said City, to give a bond to said City to secure the payment of said local license in the event that he fails to become a permanent photographer, in a penal sum of five hundred dollars ($500), with sureties to be approved by the City Clerk according to the provisions of the Wisconsin Statutes.

9.20 Handbill Distribution.

[Ord. 6104 (repealed & recreated), 6/21/1994; Ord. 6582, 9/4/2001; Ord. O-2004-0031, 9/7/2004]
(1) 
Definitions.
(a) 
"Handbill" shall mean any leaflet, dodger, poster, booklet, circular, card, pamphlet, novelty, sample, advertisement or other similar printed material that is not a bona fide newspaper;
(b) 
"Newspaper" shall mean a daily, weekly or other periodic publication containing recent news, useful information, editorials, feature articles and advertisements.
(2) 
Throwing/Distributing Handbills in Public Places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City; nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall be lawful on any sidewalk, street or other public place within the City for any person to hand out or distribute, without charge to the receiver thereof, any handbill to any person willing to accept it.
[Ord. O-2006-0034, 10/3/2006]
(3) 
Placing Handbills on Vehicles Prohibited Where Properly Posted. No person shall throw, deposit or place any handbill in or upon any vehicle if notified by a person who appears to be in control of the vehicle not to do so, or if there is conspicuously placed in or upon the vehicle a sign bearing the words "No Handbills," "No Advertisements." or any similar notice on the vehicle, indicating that handbills are not to be left upon the vehicle.
(4) 
Depositing Handbills on Uninhabited or Vacant Premises. No person shall throw, deposit or place any handbill in or upon any private premises, which are temporarily or continuously uninhabited or vacant.
(5) 
Handbill Distribution Prohibited Where Properly Posted. No person shall throw, deposit or distribute any handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed upon said premises in a conspicuous position near the entrance thereof, a sign bearing the words "No Peddlers or Agents," "No Advertisements," "No Trespassing" or any similar notice, indicating in any manner that the occupants do not desire to be molested or have their right to privacy disturbed or to have any such handbills left upon the premises.
(6) 
Distributing Handbills at Inhabited Private Premises. No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted, pursuant to Section 9.20(4), such person, unless requested by anyone upon such premises not to do so, may place or deposit any handbill in or upon such inhabited private premises if the handbill is so placed or deposited in a receptacle, clip or other device designed or intended to receive paper matter when such receptacle, clip or other device has been erected in a conspicuous place near the front door or front entrance or near the mailbox of any private property. If no such receptacle, clip or other device has been erected as hereinabove provided, then a person may hand any handbill to an occupant of the property or place any handbill upon the porch or vestibule of a house or building on the private property, provided that in the latter case, the handbill is wrapped, tied, folded or otherwise so prepared or placed so that it will not be blown or drifted about such property or sidewalks, streets or other places by the winds, and except that mailboxes may not be so used when prohibited by Federal Postal laws or regulations.
The provisions of this section shall not apply to the distribution of newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place.
(7) 
Handbilling Hours. No person shall distribute any handbills before 9:00 a.m. and after 9:00 p.m., of any day, except upon private premises, with prior permission or invitation from the owner of such premises.
(8) 
Manner of Handbill Distribution. No person distributing handbills shall cross any lawn or go over or through any hedge or shrubbery.

9.21 Manufactured and Mobile Home Community Licenses.

[Ord. O-2004-0001, 1/6/2004; Ord. O-2009-0033, 11/3/2009; Ord. O-2016-0008, 3/15/2016]
(1) 
State Laws Adopted. Except as otherwise provided herein, Wisconsin Statute Sections 66.0435 and 101.935, Safety and Professional Services (hereinafter "SPS") Chapter 326, and SPS Section 302.33 of the Wisconsin Administrative Code, as related to manufactured and mobile homes, as they are from time to time amended, are hereby adopted and by reference made part of this section as if fully set forth herein.
(2) 
License Required. No person shall construct, maintain, or operate a manufactured and mobile home community in the City without a license from the Common Council and the Health Commissioner. Only a person who complies with the requirements of this section shall be entitled to receive and retain a license.
(3) 
License Application. A written application for the licenses required by this section shall be filed with the City Clerk upon forms provided by the City Clerk. Initial license fees for both the community license and health license shall be paid at the time the application is filed. Renewal license fees shall be paid prior to the expiration of a license, and no person shall operate any manufactured and mobile home community until all renewal fees have been paid. Any renewal license fee paid on July 1 or later shall be subject to a late fee. A licensee or applicant shall notify the City Clerk in writing if any information listed in the application form has changed within ten (10) days of such change.
(a) 
Applications shall contain the following information:
1. 
Name, street address, phone number, date of birth, and email address of the person applying for the license. If the applicant is not an individual, the corporation name as registered with the Wisconsin Department of Financial Institutions, federal employer identification number, and names and addresses of the partners or the applicant's principal officers and registered agent.
2. 
The name, street address, phone number, and email address of the registered contact person for the manufactured and mobile home community.
3. 
A scale drawing of the manufactured and mobile home community prepared by a registered professional engineer, surveyor, or architect and certified by him or her as such. The drawing shall contain accurate dimensions of the community in feet; location and width of all roads and approaches, the method of ingress and egress from, and dimensions and locations of public highways; the complete electric service installation and the location of poles, wire service outlets, and lighting facilities; all snow storage areas and utility easements; a complete layout of unit spaces and number of square feet therein, together with the dimensions thereof; the location of the electric power distribution systems, water mains, or wells for water supply outlets for domestic water users; location of sanitary facilities, bathrooms, garbage disposal units, incinerators, sanitary sewers, sewer drain lines, and any other building or structure contemplated to be used by the applicant in connection with said business; and the location of required vehicle and supplementary parking spaces for vehicles, boats, and other towed vehicles. Each unit space shall bear a number in accordance with a numbering system approved by the Director of the Department of Building Inspection and Neighborhood Services. Every renewal application shall be accompanied by a scale drawing in accordance with the foregoing requirements for an original application when any changes have been made or are proposed which are not shown on previous submittals.
4. 
An affidavit that states that the applicant is the owner or lessee, manager, and operator of such manufactured and mobile home community; that he or she shall be responsible for the proper upkeep, maintenance, and sanitary condition of the premises; and that he or she shall keep the premises, buildings, and all equipment in a state of good repair and in full compliance with all laws and applicable ordinances.
(4) 
Truth of Statements. All matters submitted in writing to the City by any applicant or licensee pertaining to a license issued under this section shall be true.
(5) 
Investigation. The City Clerk shall notify the Fire Chief, Police Chief, Health Commissioner, and Director of Building Inspection and Neighborhood Services (hereinafter "Director") or their designees of each application, and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, and whether the applicant is a proper recipient of a license. These officials shall furnish to the Common Council, in writing, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a re-inspection of the premises and report as originally required.
(6) 
Granting of License. Licenses are to be granted subject to the following standards:
(a) 
All necessary equipment, roads, sanitary facilities, lighting facilities, water facilities, and other facilities that are required to operate such community shall be erected and installed.
(b) 
All necessary occupancy permits shall be obtained from the Department of Building Inspection and Neighborhood Services.
(c) 
Municipal sanitary facilities shall be available on the community's premises.
(d) 
The applicant shall pass a background check and pay the required record check fee.
(e) 
Compliance with the applicable ordinances of the City and State Statutes, as well as payment of all outstanding obligations due the City.
(f) 
Compliance with all Health Department regulations and inspections, including the payment of any inspection fees.
(7) 
Transfer of License. Any license granted pursuant to this section may be transferred to another person, subject to Common Council approval on the same basis as a new applicant, during the license year upon filing an application therefor and payment of a transfer fee in the sum of ten dollars ($10). The applicant shall be subject to a background check and pay the required record check fee.
(8) 
License Year. License periods shall be for one (1) year, and shall commence as of the first day of July and shall expire on the 30th day of June of the following year.
(a) 
Licenses granted for the 2015-2016 license year shall be extended until June 30, 2016.
(9) 
Fees.
(a) 
License Fees. The annual license fee for a manufactured and mobile home community is two dollars ($2) for each space located on the premises.
(b) 
Health Department Permit Fee. The annual permit fee shall be as listed in SPS Section 302.33(3). The plan examination and inspection fee shall be as listed in SPS Section 302.33(2).
(c) 
Monthly Permit Fee. Pursuant to Wis. Stat. Sec. 66.0435(3), each licensee shall pay a monthly permit fee as determined by the City Assessor. The community licensee shall be responsible for collecting the proper amount from each unit's owner or occupant. All fees shall be due to the City Treasurer on or before the 10th day of the month following the month for which such fees are due.
(10) 
Responsibilities of Licensee. Every person licensed to operate and manage a manufactured and mobile home community shall be responsible for:
(a) 
Maintaining all records pertaining to the management, operation, and supervision of the manufactured and mobile home community for the current licensing year and previous two (2) licensing years.
(b) 
The maintenance of an orderly and clean manufactured and mobile home community and the maintenance of all streets, roadways, or thoroughfares necessary as fire lanes of a manufactured and mobile home community free and clear of all refuse, rubbish, snow, ice, or other materials or objects.
(c) 
The numbering of all units, which numbers shall correspond to the number shown in the registry signed by each new arrival, permitting such person to occupy a given site.
(d) 
The proper illumination on the licensed premises of all streets, roadways, private driveways, and entrances and exits to and from the premises from thirty (30) minutes after sunset to thirty (30) minutes before sunrise on the succeeding day.
(e) 
The prompt reporting to the Police Department of any violation of an ordinance, statute, or other law committed on the premises that the licensee knew or should have known about.
(f) 
The observation of fire prevention rules and laws; the keeping of all buildings, fences, illumination, streets, roadways, water systems, sewer systems, and electric streetlighting systems in good serviceable condition, clean, sanitary, and in good repair; and the keeping of the entire premises clean and sanitary so as to minimize obnoxious odors, rodent harborage, flies, mosquitoes, vermin, or other insects.
(g) 
The maintenance of a register of all owners and occupants of manufactured and mobile homes located in the manufactured and mobile home community.
(11) 
Availability of Licensee. The licensee's registered contact person shall, during reasonable hours, be available in the community, in close proximity to the community, or via electronic or telephonic means.
(12) 
License Condition. The licensee shall appear before the License and Health Committee when requested to do so and shall otherwise follow the lawful directives of the License and Health Committee.
(13) 
Revocation of License.
(a) 
Causes. Any license issued under this section may be suspended, revoked, or nonrenewed for cause by the Common Council after notice to the licensee and a hearing. Licenses may be suspended, revoked, or nonrenewed for the following causes:
1. 
The making of any material false statement in any application for a license.
2. 
The violation of any applicable provisions of this section.
3. 
The violation of any of the applicable provisions of Wisconsin Statute Sections 66.0435 and 101.935, SPS Chapter 326 and SPS Section 302.33 as related to manufactured and mobile homes, as they are from time to time amended; the violation of any City building and zoning code, health code, or any other ordinance or law relating to the construction, maintenance, use, or occupancy of the premises.
4. 
The failure to conduct the licensed activity at the authorized location for a period of thirty (30) consecutive days, unless such thirty-day period shall, for good cause shown, be extended by the Common Council.
5. 
The operation of the premises in such a manner that it constitutes a public and private nuisance, is designated a chronic nuisance premises under Section 18.04 of this Code, or that conduct on or emanating from the licensed premises, including but not limited to loud and raucous noise, has had a substantial adverse effect upon the health, safety, convenience, or prosperity of the immediate neighborhood.
6. 
The failure to pay any tax or forfeiture as provided in Section 1.08(9)(a) and (b).
(b) 
Commencement of Proceedings. Suspension, revocation, or nonrenewal proceedings may be instituted by the License and Health Committee of the Common Council upon its own motion or upon written charges made and filed with the City Clerk by the Health Commissioner, Police Chief, Director, or any resident of the City of West Allis.
(c) 
Procedure. The procedure shall be the same as in Section 9.02(20)(d) through (h), except that the summons and complaint shall be served on the licensee no later than ten (10) days prior to the hearing.
(d) 
Disqualification for License.
1. 
Whenever a license is not renewed or is revoked, the City Clerk shall enter it into record, and no other license shall be granted to such person within twelve (12) months of the date of its nonrenewal or revocation, nor shall any part of the money paid for any license be refunded.
2. 
If the license was not renewed or revoked for a reason relating to the fitness of the location, no other license for a manufactured and mobile home community at that location shall be granted within twelve (12) months from the date of the nonrenewal or revocation of the license.
(e) 
Appeal. Within twenty (20) days of the date of the revocation or suspension, the licensee may appeal the decision to the Circuit Court by filing a written notice of appeal with the City Clerk, together with a bond executed to the City, in the sum of five hundred dollars ($500) with two (2) sureties or a bonding company approved by the City Clerk, conditioned for the faithful prosecution of the appeal and the payment of costs adjudged against the licensee.
(14) 
Penalties.
(a) 
Every person convicted of a violation of any of the provisions of this section, except for Subsection (9)(c), shall for each offense be punished by a forfeiture of not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000), together with the cost of prosecution; in default of payment of such forfeitures and costs, by imprisonment in the Milwaukee County House of Correction or Milwaukee County Jail until payment of such forfeiture and costs, but not in excess of the number of days set forth in Section 800.095(1)(b)(1) of the Wisconsin Statutes. Each and every day constitutes a separate offense. Additionally, where appropriate, legal or equitable actions may be commenced to enjoin any person from violating any of the provisions of this section.
(b) 
Every person convicted of a violation of Subsection (9)(c) shall for each offense be punished by a forfeiture of twenty-five dollars ($25), together with the cost of prosecution; in default of payment of such forfeitures and costs, by imprisonment in the Milwaukee County House of Correction or Milwaukee County Jail until payment of such forfeiture and costs, but not in excess of the number of days set forth in Section 800.095(1)(b)(1) of the Wisconsin Statutes. Each failure to report constitutes a separate offense. Additionally, where appropriate, legal or equitable actions may be commenced to enjoin any person from violating any of the provisions of this section.

9.23 Quarries, Sand and Gravel Pits.

(1) 
Permit Required. No person, firm or corporation shall open or operate a quarry, sand pit, gravel pit or similar business, without first securing a permit from the Common Council.
(2) 
Application for Permit. Application shall be on forms provided by the City Clerk. The form shall set forth the applicant's name, address, legal description of the premises for which the permit is sought, a description of the type of operation planned, the type, size and number of machines to be used in the operation, and the zoning of the premises. There shall be submitted with each application a contour map of the premises and the surrounding area to a distance of three hundred (300) feet on each side, and a contour plan for the restoration and backfilling of the premises.
(3) 
Public Hearing. The Common Council shall set a date for a public hearing on the application, which hearing shall be held within thirty (30) days after the application is presented to the Common Council, with a notice of hearing to be published once a week for two (2) successive weeks prior to the hearing. All persons desiring to be heard shall be given an opportunity to be heard. The Common Council shall inquire into:
(a) 
Population Density.
(b) 
The zoning of the site for which the permit is sought, and the zoning of areas within a thousand (1,000) foot radius, measured from the approximate center of the site.
(c) 
The effect of the proposed operation upon the health, safety and general welfare of the inhabitants in the immediate area.
(d) 
The adequacy of existing streets and highways to accommodate the trucks and machinery incidental to the proposed operation.
(4) 
Restoration Plan and Bond. Each application must be accompanied by a restoration plan in the form of an agreement with the City, whereby the applicant binds and obligates himself to restore the premises to a condition and within a time to be established by the Common Council which, in its judgment, is necessary to safeguard the health, safety and public welfare of the City. The agreement shall be accompanied by a bond, written by a licensed surety company, and both agreement and bond shall be approved as to form by the City Attorney. In the event of the applicant's failure to restore the premises in accordance with the agreement, the City, by action of the Common Council, may notify the applicant and his surety of its election to perform the restoration and collect the cost thereof from the applicant, or his surety.
(5) 
Granting of Permit. The Common Council shall determine:
(a) 
Whether the applicant has met applicable state and local laws, including this ordinance.
(b) 
Whether zoning requirements have been met.
(c) 
Whether population density tolerates the proposed operation.
(d) 
Whether existing streets and highways are adequate.
(e) 
Whether the health, safety and public welfare of the inhabitants of the immediate area will be adequately protected.
Upon an affirmative determination, the permit shall issue.
(6) 
Zoning. No permit shall be issued for a site in a residential zone, nor for a site which lies within one thousand (1,000) feet of a residential zone.
(7) 
Restrictions.
(a) 
Fencing. A substantial fence having the minimum height of four (4) feet and the maximum height of six (6) feet shall be erected and maintained by the owner around the boundaries of all activities, including excavation, storage stockpiling, building, plant and equipment, also non-operating quarries, sand and gravel pits, except for proper gates for ingress and egress purposes, with a minimum setback of ten (10) feet from the side and rear property lines and a minimum setback of eighty-five (85) feet from the center line of any street or highway.
(b) 
Cutting Operation. The top of the slope in a cut for any excavation for quarry or pit shall not be closer than twenty-five (25) feet to the tract boundaries or closer than eight-five (85) feet to the center line of any street or highway or to the centerline of any proposed street or highway as shown by the building setback base lines on the official zoning maps. Slopes in sand and gravel pits along outer edges of excavation shall not be steeper than 1-1/2 horizontal to 1 vertical.
(c) 
Back-Filling Operation. Filling of the excavated quarry, hole, pit or area shall proceed simultaneously with the excavating operations or reasonably close thereafter, such filling to be done with earth, foundry sand or its equivalent to be determined by the Building Inspector. If backfilled with material other than earth, the top two (2) feet of such fill shall be of earth. Ashes, garbage, rubbish, junk, refuse, odorous or combustible material for filling purposes shall not be permitted. The backfilling shall be completed within one (1) year after the completion of the excavation of materials from the site or within the period of the agreed specified time as designated by the Building Inspector.
(d) 
Stockpiling. Stockpiling of materials shall be within the fenced enclosure and shall not exceed twenty (20) feet in height above the original topography.
(e) 
Trucks, etc. Trucks and other machinery operated to and from the quarry or pit shall be over a route established by the Common Council.
(f) 
Dustproofing of Roadways. Roadways or areas on the site which are driven upon by vehicles and machinery shall be dustproofed in accordance with the orders of the Building Inspector.
(g) 
Hours. Quarry or pit operation shall be limited to the hours between 7:30 A.M. and 6:30 P.M.

9.235 Topsoil Removal.

(1) 
Permit Required. No person, firm or corporation shall engage in the stock piling or commercial removal of topsoil without first securing a permit from the Commissioner of Health.
(2) 
Application for Permit. The application shall be on forms provided by the Commissioner of Health. Upon application being made to him for the stockpiling or commercial removal of topsoil, the Commissioner of Health shall make an investigation to determine the effect of the proposed operation upon the health, safety and general welfare of inhabitants in the area of the proposed operation.
(3) 
Granting of Permit. The Commissioner of Health shall evidence his approval of such application by a permit issued by him for such duration and with such conditions as he may deem necessary for the protection of health, safety and general welfare. The Commissioner of Health may require a bond, in an amount to be determined by him, with the approval of the License and Health Committee, from an applicant in order to guarantee compliance with the conditions of such permit.

9.24 Vehicle Towing Contracts.

[Ord. 6377, 4/21/1998]
(1) 
Declaration of Policy. The public interest requires that there be available to the City and all Departments thereof the services of a qualified and responsible towing contractor on a twenty-four (24) hour a day basis to remove from public ways and places any wrecked, disabled or abandoned vehicles or any vehicle which constitutes an obstruction or hazard to vehicular or pedestrian traffic.
(a) 
Danger to the public shall be eliminated as quickly as possible.
(b) 
Impediments to traffic shall be removed and normal traffic flow restored as soon as possible.
(c) 
Towed vehicles shall be placed where directed by an authorized agent of the City or where they are safe and secure until the owner, his agent or representative, can determine further disposition thereof.
(2) 
Definitions.
(a) 
A vehicle is deemed to be wrecked or disabled within the meaning of this section when it cannot safely be moved under its own power.
(b) 
A vehicle is deemed to be abandoned within the meaning of this section whenever it has remained standing on any highway, public place or in any building in the City more than twenty-four (24) hours.
(c) 
A vehicle is deemed to constitute an obstruction or hazard to vehicular or pedestrian traffic whenever it shall, while stationary and unable to proceed, block the lane of traffic which would otherwise be open for travel by motor vehicles or pedestrians. A vehicle shall also be deemed to constitute an obstruction or hazard to vehicular traffic when it is parked in violation of the snow emergency regulations and the winter parking regulations of Section 10.11 of this Code.
(3) 
Removal of Vehicles. Any wrecked, disabled or abandoned vehicle or any vehicle which constitutes an obstruction or hazard to vehicular or pedestrian traffic is hereby declared to be a public nuisance and may be abated or removed as provided in Section 6.015 of this Code.
(4) 
Towing Contract Let by Bid.
(a) 
The Board of Public Works shall take bids for the West Allis towing contract and submit same to the Common Council for approval.
(b) 
An advertisement for bids shall be published in the official City newspaper by the Board of Public Works for two (2) successive weeks before the date established for taking of bids. Bids shall be upon forms provided by the Board.
(c) 
The towing contract shall be awarded to that responsible bidder whose bid shall result in the lowest overall cost for the service provided and who, in the judgment of the Common Council, shall render the most satisfactory and dependable service to the City.
(5) 
Minimum Qualifications for Bidders.
(a) 
Bidders shall have their business locations in the City or within three (3) miles of the City's boundaries at a place properly zoned for such purpose. No business activities pursuant to the towing contract shall be conducted from or in connection with residential property in the City or from any place not properly zoned for such purpose.
(b) 
Bidders may qualify for contract only by presenting evidence that they meet the following requirements:
1. 
Experience in the towing and winching of vehicles.
2. 
Financial responsibility.
3. 
Adequate towing equipment and storage facilities; that the bidder shall have in service at least four (4) towing vehicles, plus one (1) flatbed vehicle, and have inside storage for five (5) vehicles and outside storage for ten (10) vehicles on the same premises and shall have trained personnel available twenty-four (24) hours a day, seven (7) days a week.
4. 
Certificate for law enforcement wrecked or disabled towing.
(c) 
Bidders shall post a surety bond in the amount of five thousand dollars ($5,000) as a guaranty of satisfactory performance of the contract; such bond to be approved by the City Attorney as to form and execution.
(d) 
Bidders shall file, with the executed contract, proof of worker's compensation insurance and liability insurance in minimum amounts of $500,000/$1,000,000/$500,000 covering all operations, premises, storage of vehicles and the contents thereof, and vehicles used in carrying out the work required under the contract. The liability policy shall be endorsed to name the City of West Allis as an additional insured. The insurance policies shall provide for a thirty (30) day notice to the City in the event of cancellation.
(6) 
Contract; Terms to be Included.
(a) 
The contract shall be subject to approval by the Common Council and shall be executed by the Mayor and City Clerk/Treasurer on behalf of the City and shall be approved as to form by the City Attorney.
(b) 
The term of the contract shall be for a period of three (3) years, except that the contract shall be terminable at will by the Common Council for such cause as shall seem sufficient to the Council.
(c) 
The contractor shall bind himself as follows: within thirty (30) minutes of notification by a commanding officer of the Police Department, the Director of Public Works or other duly authorized officer or employee of the City to be on site and prepared to remove the vehicle as directed by such officer or employee of the City. Such thirty (30) minute response time shall not be applicable if the Chief of Police or Director of Public Works is satisfied that a bona fide emergency prevented the towing contractor from responding.
[Ord. 6385, 5/19/1998]
(d) 
The bidder agrees to have at least two (2) vehicles available to respond to calls from authorized City of West Allis representatives during declared snow emergencies.
(e) 
The contractor's compensation for the rendition of services shall be paid by the owner of the vehicle or by his agent or representative or, where applicable, by the City according to the fee schedule submitted with the contractor's bid. In the case of abandoned or unclaimed vehicles sold by the City under secs. 68.28 or 342.40 of the Wisconsin Statutes, the City shall pay only the portion of the compensation which is in excess of the value of the vehicles obtained by the contractor or upon disposal by him. It shall be unlawful for the towing contractor to charge in excess of the fee schedule submitted with the contractor's bid, where an authorized agent of the City has called for the contractor's services.
(f) 
Contractor shall notify the Chief of Police of all vehicles which have remained unclaimed in his custody for a period of thirty (30) days or, in case of abandoned vehicles, for a period of ten (10) days, including make, model, year and date of possession. If it is determined by the Chief of Police or any member of his Department designated by him that the cost of towing and storing charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the impoundment period upon determination that the vehicle is not stolen or otherwise wanted for evidence or other reason.
The Chief of the Police may authorize the contractor to dispose of such vehicles and to advise the Department of Transportation of the disposition of any such vehicle according to the provisions of sec. 342.40(3)(e) of the Wisconsin Statutes. In addition, the contractor shall be responsible for complying with the provisions of sec. 342.40(3)(c) relating to notice to owners and lienholders.
(g) 
The contractor shall submit to the Chief of Police, on or before the tenth day of each month, a sworn statement covering all operations performed under the towing contract for the preceding month. The statement shall contain the following information:
1. 
Name and address of owner of vehicle.
2. 
Date of removal of vehicle.
3. 
Make and model of the vehicle.
4. 
Location from which the vehicle was removed.
5. 
Location to which the vehicle was removed.
6. 
The total charge made for such removal.
(h) 
The Chief of Police is hereby authorized to assign to the contractor any cause of action which may accrue to the benefit of the City, pursuant to sec. 342.40(3)(b) of the Wisconsin Statutes, for the costs of towing, impounding and disposing of an abandoned vehicle. Any vehicle not disposed of under Section (6)(e) of this contract shall be disposed of in accordance with the provisions of sec. 342.40(3)(c) of the Wisconsin Statutes.
The Chief of Police, or any member of his Department designated by him, shall dispose of any vehicle not disposed of under subsection (6)(e) of this ordinance by sealed bid or auction after the contractor has complied with the provisions of subsection (6)(e) of this ordinance. Notice of such sale shall be done by publishing it in the official City newspaper.
(i) 
The contractor shall agree to hold the City harmless for any and all claims and damages resulting from operations conducted under the towing contract, including damage or loss to vehicles and personal property contained in said vehicles held in storage by the contractor. The contractor further agrees to defend any claim on behalf of the City and to pay all costs, damages and attorneys fees which may result from such claims. The insurance policies required in subsection (5)(d) shall reflect the terms of this paragraph.
The contractor shall agree to hold the City harmless from any and all claims and damages resulting from any and all operations conducted under the towing contract, and shall agree to defend any claims on behalf of the City, and to pay all costs, damages and attorneys fees which may result from such claims. The certificates of insurance required by section (5)(d) shall reflect the terms of this paragraph.
(j) 
The bidder agrees to post a list of prices in conformity with the bid. The list of prices shall be conspicuously posted and in a form designed to give reasonable notice to a person retrieving a towed vehicle.
[Ord. 6427, 3/16/1999]
(7) 
Police Department Fees for Services.
[Ord. O-2007-0030, 8/7/2007 (repeal and recreate)]
(a) 
Storage of Vehicles. In addition to any other fees set forth herein, the West Allis Police Department is authorized to charge ten dollars ($10) per day for the storage of vehicles outside the West Allis Police Department and fifteen dollars ($15) per day for the indoor storage of vehicles at the West Allis Police Department. The same rates shall apply to the storage of vehicles on any other property owned by the City of West Allis and designated by the Chief of Police for such purpose.
(b) 
Administrative fee. The West Allis Police Department is authorized to charge a twenty-five dollar ($25) administrative fee for West Allis Police Department services related to the towing of vehicles. Said fees shall be collected by the City's vehicle towing contractor along with that company's regular towing charges and paid to the City on a monthly basis.

9.25 Racing Cars, "Go-Karts" and Similar Vehicles.

(1) 
Vehicles to Operate on Licensed Track. No person shall operate a racing car, "Go-Kart" or similar vehicle in the City, except upon a track constructed and licensed under the provisions of this section.
(2) 
Track License Application. License application for a vehicle race-track license shall be on forms supplied by the City Clerk. Before any license is granted, the Common Council shall hold a public hearing on the application, with at least one notice thereof to be published in the official City newspaper. The license shall issue only if the Council determines that the public health, safety and welfare will not be adversely affected thereby.
(3) 
Exceptions. A vehicle race track license shall be issued for a license year from July 1 to June 30, and shall be subject to the following terms and conditions:
(a) 
The track must be located at least two thousand (2,000) feet from any dwellings.
(b) 
The track must be covered by a public liability insurance policy with limits of $100,000/300,000/10,000, and a certificate specifying such coverage shall be filed with the City Clerk before the license is issued.
(c) 
The track must have toilet facilities approved by the Health Commissioner of the City.
(d) 
All structures must comply with the Building Code and zoning regulations of the City and be approved by the Building Inspector.
(e) 
The track shall be operated only between the hours of 9:00 A.M. and 10:00 P.M.
(f) 
The track shall be hard surfaced with concrete, macadam or equivalent material.
(g) 
The licensee shall post a bond with the City, indemnifying and holding the City harmless in the amount of one hundred thousand dollars ($100,000) from any and all claims and damages which might arise from the licensing or operation of the track.
(4) 
Noise and Smoke Regulations. No vehicle shall be operated on a licensed track which is not equipped with an adequate muffler in constant operation and properly maintained to prevent the emission of any excessive or unusual noise or annoying smoke.
(5) 
This section shall not prohibit the operation of "Go-Karts" and similar vehicles in parades conducted under a permit issued by the City, nor shall this section apply to any races or track operations conducted upon the grounds of the Wisconsin State Fair.

9.26 Coin-Operated or Self Service Dry Cleaning Machines.

(1) 
Whenever used in this section, the following terms shall mean and include:
(a) 
"Person" shall mean and include any person, firm, partnership, association, corporation, company or organization of any kind.
(b) 
"Dry Cleaning" is the process of removing dirt, grease, paint, spots, stains or any other form of foreign matter from wearing apparel or household furnishings, by any other means than washing with soap or detergent and water.
(c) 
"Plant" is any business establishment or location where wearing apparel and/or household furnishings are dry cleaned on the premises by the use of coin-operated or self-service dry cleaning machines.
(d) 
"Coin-operated dry cleaning machine" is any machine used for the purpose of "dry cleaning," whose operation is actuated by the insertion of a coin in a slot or other receptacle.
(e) 
"Flammable liquid" is any liquid, viscous or other compound, powder or solid product or substance, having the capacity to evaporate, generate and emit a gas or vapor propagative of flame, fire or explosion incident to evaporation.
(2) 
It shall be unlawful for any person to establish or operate within the City of West Allis any plant containing coin-operated or self service dry cleaning machines available for use by the public without first obtaining a permit therefor in compliance with the provisions of this section.
(3) 
Application for permit shall be on forms furnished by the Building Inspector and shall set forth information required by the terms of this section and such other information as the Building Inspector shall deem necessary to safeguard the public health and welfare.
(4) 
Permits shall be granted by the Building Inspector only upon the applicant's compliance with the requirements of this section, and those requirements of the Building Inspector authorized by this section, and upon compliance with all applicable state and local laws, rules and regulations.
(5) 
The permit fee shall be five dollars ($5) per year for each machine or unit of such machine which can be independently actuated by means of the insertion of a coin, or otherwise. The permit year shall be from July 1 to June 30 of the succeeding year.
(6) 
Every applicant procuring a permit consents to the entry of the Building Inspector, or other authorized officers of the City, at all reasonable hours for the purpose of inspection to ascertain whether there is compliance with the requirements of this section and the requirements of state and local laws, rules and regulations.
(7) 
Each person operating a plant shall be responsible for any violation of the terms of this section, whether by himself or by an agent or an employee, and any such violation shall be grounds for the revocation of the permit.
(8) 
In order to protect the health and safety of the citizens of the City of West Allis and other members of the public who may use coin-operated or self-service dry cleaning machines, as defined in this section, there shall be compliance with the following requirements prior to the issuance of a permit or the renewal of any permit hereunder.
(a) 
No flammable solvent shall be used in any coin-operated or self-service dry cleaning machine.
(b) 
No spotting operations utilizing flammable liquid or any substance which causes toxicity in the atmosphere shall be permitted, and no liquid of this nature shall be permitted on the premises.
(c) 
Filters for solvent on each machine shall be removed and replaced or cleaned not less than once each day.
(d) 
The contents of the sludge can of such machine shall be placed in containers provided with closely fitting lids and disposed of at regular intervals, not less than once each week.
(e) 
All solvents, when used in a coin-operated or self-service dry cleaning machine, shall be contained within a liquid and vapor-tight closed system.
(f) 
All electrical connections shall be in accordance with the Electrical Code of the City of West Allis and the State of Wisconsin and each machine shall be tested and listed by the Underwriters Laboratories, Inc. The main electrical switch controlling each machine or a bank of machines shall be accessible in an area removed from such machine or machines.
(g) 
Each machine shall be so equipped that it cannot be opened while operating nor until after the drying cycle is completed and shall be so equipped that it cannot be opened in the event of mechanical or electrical failure, except by an attendant.
(h) 
No permit shall be granted hereunder unless the plant shall operate in a single story, non-frame building with concrete or other moisture-impervious floor, containing no dwelling units in the same building. No basement installations of machines shall be allowed.
(i) 
In the installation of the machines the following partitions are required so as to insure safety to the public:
1. 
The front or customer side of the machine shall be the only portion of the machine exposed in the customer area.
2. 
The remainder of the machine shall be separated from the customer area by a solid partition.
3. 
Access doors to the rear of the partition shall be kept closed and locked when not in use.
4. 
Each machine or bank of machines shall be completely separated by an enclosure from other areas that contain heating devices requiring air for combustion.
(j) 
An exhaust system shall be provided at each plant for the removal of toxic vapors, as follows:
1. 
An individual exhaust shall be provided on each machine.
2. 
Scavenger ducts shall be provided for each machine or bank of two (2) machines and so designed and constructed as to pick up vapors surrounding the equipment near the floor.
3. 
Such scavenger pipes shall be located not less than two (2) nor more than four (4) inches above the floor and not more than eighteen (18) inches from each machine.
4. 
An exhaust fan or fans shall be provided for the enclosure behind each machine or machines to be utilized in the event of solvent spill.
5. 
An exhaust fan or duct shall be provided at the front grill or loading door intake on each machine and so arranged and controlled that when such machine is not in operation, air is drawn through the front door or grill of the machine at a face velocity of not less than one hundred (100) feet per minute.
6. 
The exhaust ventilation system as required shall be operated continuously while occupancy of the plant is open to the public and shall be so interlocked with each machine that such machine cannot be operated unless the exhaust system is functioning.
7. 
The entire ventilation system shall exhaust to the outside atmosphere and terminate not less than twenty-five (25) feet from any building opening and in such a manner as to not expose the passing public; and, in such manner as to prevent injury, detriment, nuisance or annoyance, or to endanger the health or safety of any person, or to cause or have a natural tendency to cause injury or damage to business or property. The exhaust shall be located as remotely as possible from all air intakes for appliances or other purposes.
(k) 
Ventilation from the outside atmosphere shall be provided for the customer area equivalent to that exhausted from within such area by the ventilation requirements of this section.
(l) 
No solvent contaminated air shall be allowed into the air intakes of any combustion equipment. Ventilation from the outside atmosphere shall be provided for all heating devices requiring air for combustion.
(m) 
Each machine or bank of machines, together with appurtenant appliances, shall be diked with a four (4) inch floor curb suitable to contain spilled or leaking solvent. Such diked area shall be provided with an untrapped floor drain to conduct any such spilled or leaking solvent to a sealed recovery tank. No such drain shall be connected to any sewer system.
(n) 
Each plant shall be provided with a portable fire extinguisher of the carbon dioxide or dry chemical type, of at least (thirty) 30 pounds capacity.
(o) 
Detailed instructions for use of dry cleaning machines shall be posted in a conspicuous location near each machine in the customer area.
(p) 
Each plant shall have a competent attendant on duty at all times such coin-operated or self-service dry cleaning machines are available for use by the public.
(q) 
No permit shall be granted for any plant which contains coin-operated or self-service dry cleaning machines involving or requiring the handling of garments or materials to be cleaned between operations of the machine.
(9) 
Any person violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars ($100) or, in default thereof, by imprisonment not to exceed sixty (60) days.
(10) 
The provisions of this ordinance are declared to be severable and if any section, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordinance, but they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part.

9.265 Natural Christmas Tree Sales.

(1) 
Any person, firm or corporation desiring to engage in the business of selling natural Christmas trees shall obtain a license therefor for each separate sales location. Applications shall be made in duplicate to the City Clerk and the City Clerk shall forward the duplicate copy of the application to the Fire Prevention Bureau, which shall inspect the premises to determine whether it complies with all laws, ordinances, rules and regulation, and shall report back on the same to the City Clerk.
(2) 
Such application shall state the ordinary use to which such premises or location have been devoted up to the time of making application and the type and character of any other business carried on at said place.
(3) 
The fee for each such license shall be one hundred seventy-five dollars ($175.00), payable to the City Clerk/Treasurer upon application, and each such license shall expire on January 1 following the date of issuance. The licensee shall have direct control over the premises where such trees are sold and shall be responsible for the conduct of any person in his employ. The license shall not be assignable, and any holder of such license who permits it to be used by any other person shall be guilty of a violation of this section.
[Ord. 6055, 11/15/1993; Ord. O-2009-0033, 11/3/2009]
(4) 
Upon receipt of the proper application, fee, bond and report of the Fire Prevention Bureau approving the application, the City Clerk shall issue the license referred to in Subsection (1).
(5) 
The licensee shall observe all the minimum standards applying to the storage, handling or sale of natural Christmas trees, as provided in Section 5.10(6)(i)3. of this Code.
(6) 
Any license issued pursuant to this section may be revoked by the Common Council. Such revocation shall be for cause, and it shall be the duty of the Chief of the Fire Department to report to the Common Council any violations of this section.
(7) 
Every applicant for a license under this section shall, at the time of filing his application, post with the City Clerk a bond in the sum of five hundred dollars ($500) for each license, either in cash or a certified check. This sum shall be returned to the applicant by January 10 of the year following the date of issuance of such license, if, after inspection of such premises by the Fire Prevention Bureau to determine that all standards set out in Section 5.10(13) have been met, the Fire Prevention Bureau has approved the refund.
[Ord. 6157, 4/18/1995]
(8) 
Any person violating any of the provisions of this section or whose license is revoked as provided herein shall, in addition to the penalties imposed thereon pursuant to Section 9.27(g), forfeit the right to a license hereunder for two (2) years from the date of such violation.

9.27 Penalties.

(a) 
Every person, firm or corporation convicted of a violation of any of the provisions, or parts thereof, of this Chapter shall, for each offense, forfeit not less than twenty-five dollars ($25), nor more than five hundred dollars ($500), together with the costs of prosecution; and, in default of payment of such forfeiture and costs, by imprisonment in the Milwaukee County House of Correction until payment of the forfeiture and costs, but not in excess of the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes.
(b) 
Each and every day a violation of a provision or part thereof of this Chapter continues constitutes a separate offense.

9.28 Adult Oriented Establishments.

(1) 
Definitions. For the purpose of this section, the following words and phrases shall have the following definitions:
(a) 
"Adult-oriented establishment," shall include, but is not limited to, "adult bookstores," "adult motion picture theaters," "adult mini-motion picture establishments" or "adult cabarets," and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common area of the premises for the purposes of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for profit, direct or indirect. An "adult-oriented establishment" further includes, without being limited to, any "adult entertainment studio" or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.
(b) 
"Adult bookstore" means a retail establishment that has:
[Ord. O-2004-0050, 12/21/2004]
1. 
As one of its principal business purposes the sale or rental of, or a substantial or significant portion of its stock in trade for sale or rental:
a. 
Publications which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined in this section; and/or
b. 
Sexually oriented devices, as defined in this section.
2. 
As used in this definition, publications include, by way of illustration, books, magazines, other periodicals, movies, videotapes, and other products offered in photographic, electronic, magnetic, digital, or other imaging medium.
3. 
Any of the following shall be indicia that an establishment has as one of its principal business purposes the sale or rental of: (1) publications which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section, and/or (2) sexually oriented devices, as defined in this section:
a. 
The business advertises the sale or rental of adult publications including but not limited to "x-rated" movies, and/or sexually oriented devices;
b. 
Access by persons under eighteen (18) years of age to the business establishment or portions of the business establishment is restricted;
c. 
Signs or notices are posted outside and/or inside the business establishment indicating that the material offered for sale or rental might be offensive;
d. 
The building or portion of the building containing the business establishment does not have windows or has windows that are screened or otherwise obstructed or are situated in a manner that restricts visual access from outside the building to materials displayed within for sale or rental.
Such indicia shall be considered along with all other factors and available information.
4. 
Notwithstanding the foregoing, a general circulation video store that does not offer for sale any sexually oriented devices shall not constitute an "adult bookstore" even though it offers for sale and/or rental videotapes which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined in this section, so long as:
a. 
Such described videotapes are stocked and displayed in a room separate from the area of the business establishment where general circulation videotapes are stocked and displayed;
b. 
Access by persons under eighteen (18) years of age to the room where such described videotapes are stocked and displayed is restricted;
c. 
The square footage of the separate room where such described videotapes are stocked and displayed in no more than ten (10) percent of the square footage of the area where general circulation videotapes are stocked and displayed; and
d. 
The general circulation videotapes portion of the business establishment offers a quantity and selection of new release general circulation videotapes that is typical of a general circulation video store and offers a quantity and selection of other general circulation video tapes that are organized and displayed in a manner that is typical of a general circulation video store.
(c) 
"Adult cabaret" means an establishment where a dancer or other entertainer provides live adult entertainment, expositions, or shows, including but not limited to floor shows, exotic dancing, male or female impersonators, or similar entertainment and engages in a private performance, acts as a private model, displays or exposes any specified anatomical area(s) to a patron or customer, or wears or displays to a customer any covering, tape, pastie, or other device which simulates or gives the appearance of the display or exposure of any specified anatomical area(s).
[Ord. 6541 (amended), 2/6/2001]
(d) 
"Adult entertainment" means any exhibition of any motion pictures, live performance, display or dance of any type, which has as a significant or substantial portion of such performance or is distinguished or characterized by an emphasis on, any actual or simulated performance of "specified sexual activities," or exhibition and viewing of "specified anatomical areas," as defined below, appearing unclothed, or the removal of articles of clothing to reveal "specified anatomical areas."
(e) 
"Adult mini-motion picture theater" means a commercial establishment with one or more adult mini motion picture booths where:
[Ord. O-2004-0050, 12/21/2004]
1. 
One of the principal business purposes is the presentation and viewing of still or motion pictures in the viewing booths that are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below, for observation by patrons therein.
2. 
A substantial or significant portion of the stock of still or motion pictures available for viewing or that are actually viewed in the viewing booths are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined below.
3. 
Any of the following shall be indicia that the business establishment has as one of its principal business purposes the presentation and viewing in viewing booths still or motion pictures which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined below:
a. 
Restricted access to the business establishment or portions of the business establishment where viewing booths are located by persons under eighteen (18) years of age.
b. 
Posted signs or notices outside and/or inside the business establishment indicating that the material offered for presentation and viewing in the viewing booths might be offensive.
Such indicia shall be considered along with other factors and available information.
(f) 
"Adult motion picture theater" means an enclosed building with a capacity of fifty (50) or more persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below, for observation by patrons therein.
(g) 
"Booth," "room" or "cubicle" shall mean such enclosures as are specifically offered to the public or members of an adult-oriented establishment for hire or for a fee as part of a business operated on the premises which offers as part of its business the entertainment to be viewed within the enclosure; which shall include, without limitation, such enclosures wherein the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. However, "booth," "room" or "cubicle" does not mean such enclosures that are private offices used by the owners, managers or persons employed on the premises for attending to the tasks of their employment, which enclosures are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing entertainment for a fee, and are not open to any persons other than employees; nor shall this definition apply to hotels, motels or other similar establishments licensed by the State of Wisconsin pursuant to Chapter 50 of the Wisconsin Statutes.
(h) 
"Church" means a building, whether situated within the City or not, in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
(i) 
"Customer" means any person who:
1. 
Is allowed to enter an adult oriented business in return for the payment of an admission fee or any other form of consideration or gratuity; or,
2. 
Enters an adult oriented business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or,
3. 
Is a member of and on the premises of an adult oriented business operating as a private club.
(j) 
"Day Care Center" means a facility licensed by the State of Wisconsin, pursuant to sec. 48.65 of the Wisconsin Statutes, whether situated within the City or not.
(k) 
"Residential" means pertaining to the use of land, whether situated within the City or not, for premises such as homes, townhouses, duplexes, condominiums, apartments and mobile homes, which contain habitable rooms for non-transient occupancy and which are designed primarily for living, sleeping, cooking and eating therein. A premises which is designed primarily for living, sleeping, working and eating therein shall be deemed to be residential in character unless it is actually occupied and used exclusively for other purposes. Hotels, motels, boarding houses, nursing homes and hospitals shall not be considered to be residential.
(l) 
"School" means a building, whether situated within the City or not, where persons regularly assemble for the purpose of instruction or education, together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term is limited to:
1. 
Public and private schools used for primary or secondary education in which any regular kindergarten or grades one through twelve (1-12) classes are taught; and,
2. 
Special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any of grades one through twelve (1-12).
(m) 
"Common Council" means the Common Council of the City of West Allis, Wisconsin.
(n) 
"Employee" means any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult-oriented establishment.
(o) 
"Entertainer" means any person who provides entertainment within an adult-oriented establishment as defined in this ordinance, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or independent contractor.
(p) 
"Operator" means any person, partnership or corporation operating, conducting, maintaining or owning any adult-oriented establishment.
(q) 
"Specified anatomical areas" means:
[Ord. O-2004-0050, 12/21/2004]
1. 
Less than completely and opaquely covered:
a. 
Human genitals, pubic region; or
b. 
Showing the areola or nipple of a female breast.
2. 
Human male genitals in a discernible turgid state, even if opaquely covered.
(r) 
Specified sexual activities" means simulated or actual:
[Ord. O-2004-0050, 12/21/2004]
1. 
Showing of human genitals in a state of sexual stimulation or arousal;
2. 
Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;
3. 
Fondling or erotic touching of human genitals, pubic region, or areola or nipple of a female breast.
4. 
Excretory functions, as part of or in connection with any of the activities set forth in subsections 1 through 3 above.
(s) 
"Substantial," as used in various definitions shall mean fifty percent (50%) or more of a business' stock in trade, display space, floor space or retail sales in any one month during the license year.
(2) 
License.
(a) 
Except as provided in subsection (e) below, from and after the effective date of this ordinance, no adult-oriented establishment shall be operated or maintained in the City of West Allis without first obtaining a license to operate issued by the City of West Allis.
(b) 
A license may be issued for only one (1) adult-oriented establishment located at a fixed and certain place per application filed. Any person, partnership or corporation which desires to operate more than one adult-oriented establishment must have a license for each.
(c) 
No license or interest in a license may be transferred to any person, partnership or corporation except as set forth in subsection (11).
(d) 
It shall be unlawful for any entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to, the operation of any adult-oriented establishment which does not have a valid license pursuant to this ordinance.
(e) 
Nothing in this ordinance shall be construed as to permit material or performances prohibited by sec. 944.21 of the Wisconsin Statutes.
(3) 
Application for License.
(a) 
Any person, partnership or corporation desiring to secure a license shall make application to the City Clerk. The application shall be filed with and dated by the City Clerk. A copy of the application shall be distributed promptly by the City Clerk to the City of West Allis Police Department, Building Inspector and Health Department and to the applicant.
(b) 
The application for a license shall be upon a form provided by the City Clerk. An applicant for a license shall furnish the following information under oath:
1. 
The names (including all aliases), addresses and dates of birth of the applicant and any partner or limited partner in a partnership applicant; and any shareholder holding more than ten (10%) percent of the stock of a corporate applicant and each corporate officer and director.
2. 
Written proof that any person required to be named under paragraph (3)(b) 1. of this section is at least eighteen (18) years of age.
3. 
The exact nature of the adult use to be conducted and the proposed address of the adult-oriented establishment to be operated.
4. 
Whether any person required to be named under paragraph (3)(b) 1. of this section is currently operating, or has previously operated, in this or any other county, city or state under an adult-oriented establishment license or similar business license or permit; whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.
5. 
If the applicant is a corporation, the application shall also specify the name of the corporation, the date and state of incorporation and the name and address of the registered agent.
6. 
Proof of ownership or proof of a lease or other legally enforceable right to possess and use the premises where the adult-oriented business is to be located.
(c) 
Within sixty (60) days of receiving an application for a license, the Common Council shall grant or deny the license or hold the application for an additional thirty (30) days for further investigation. The City Clerk shall notify the applicant whether the application is granted, denied or held for further investigation. Such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the Common Council shall grant or deny the permit and the City Clerk shall advise the applicant in writing whether the application is granted or denied.
(d) 
Whenever an application is held for further investigation, the City Clerk/Treasurer shall advise the applicant in writing of the reasons for such action. If an application is denied, the City Clerk/Treasurer shall advise the applicant in writing of the reasons therefor and that the applicant has the right to request that the Common Council review said determination, pursuant to sec. 9.28(17).
[Ord. 6358, 2/3/1998]
(e) 
Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any investigation required by this section shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof.
(4) 
Standards for Issuance of License.
(a) 
To receive a license to operate an adult-oriented establishment, an applicant must meet the following standards:
1. 
If the applicant is an individual:
(i) 
The applicant shall be at least eighteen (18) years of age.
(ii) 
The applicant shall not have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application.
(iii) 
Subject to secs. 111.321, 111.322 and 111.335 of the Wisconsin Statutes, the applicant shall not have been convicted of any offense involving moral turpitude, prostitution, obscenity or other offense of a sexual nature in any jurisdiction within the five (5) years immediately preceding the date of the application, unless the person has been duly pardoned.
2. 
If the applicant is a corporation:
[Ord. 6359, 2/3/1998]
(i) 
All officers, directors, shareholders and agents required to be named under section (3)(b)1. of this section shall be at least eighteen (18) years of age.
(ii) 
Neither the corporate applicant nor any officer, director or shareholder required to be named under subsection (3)(b)1. of this ordinance shall have been found to have previously violated sec. 9.28 of the Revised Municipal Code within five (5) years immediately preceding the date of application.
(iii) 
Subject to secs. 111.321, 111.322 and 111.335 of the Wisconsin Statutes, no officer, director, shareholder or agent required to be named under subsection (3)(b)1. of this ordinance, or the corporate applicant, shall have been convicted of any offense involving moral turpitude, prostitution, obscenity or other offense of a sexual nature in any jurisdiction within the five (5) years immediately preceding the date of the application, unless the person or applicant has been duly pardoned.
3. 
If the applicant is a partnership, joint venture or any other type of organization where two (2) or more persons have a financial interest:
(i) 
All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least eighteen (18) years of age.
(ii) 
Neither the applicant nor any person having a financial interest in the organization shall have been found to have violated any provision of this section within five (5) years immediately preceding the date of application.
(iii) 
Subject to secs. 111.321, 111.322 and 111.335 of the Wisconsin Statutes, no applicant or person having a financial interest in the partnership, joint venture or other type of organization shall have been convicted of any offense involving moral turpitude, prostitution, obscenity or other offense of a sexual nature in any jurisdiction within the five (5) years immediately preceding the date of the application, unless the person or applicant has been duly pardoned.
(b) 
Any act or omission by any person identified in subsection (4)(a) that results in a conviction identified in subsection (4)(a) shall be deemed the act or omission of the applicant for purposes of determining whether the license shall be granted.
[Ord. 6359, 2/3/1998]
(c) 
Prior to granting the license, the Common Council shall determine whether the applicant complies with sec. 9.28(13) or is exempt or excluded under sec. 9.28(18) and has substantially complied with all building, zoning, plumbing, electrical, fire and health codes.
[Ord. 6359, 2/3/1998]
(5) 
Permit Required. In addition to the license requirements previously set forth for owners and operators of adult-oriented establishments, no person shall be an employee or entertainer in an adult-oriented establishment without first obtaining a valid permit issued by the City Clerk under authority of the Common Council. During the pendency of an application for an annual permit, the City Clerk shall issue the applicant a temporary permit which shall be valid only until such time as the application for an annual permit is approved or denied by the Common Council pursuant to the procedures set forth herein. Under no circumstances shall any temporary permit be valid for more than ninety (90) days. Temporary permits shall be nontransferable.
[Ord. O-2006-0025, 5/16/2006]
(6) 
Application for Permit.
(a) 
Any person desiring to secure a permit shall make application to the City Clerk. The application shall be filed with and dated by the City Clerk. A copy of the application shall be distributed to the West Allis Police Department and to the applicant.
(b) 
The application for a permit shall be upon a form provided by the City Clerk. An application shall furnish the following information under oath:
1. 
Name (including all aliases), age and address.
2. 
Written proof that the individual is at least eighteen (18) years of age.
3. 
Whether the applicant, while previously operating in this or any other municipality or state under an adult-oriented establishment license or similar business license or permit, has ever had such a license or permit revoked or suspended, the reason therefor, and the business entity or trade name for whom applicant was employed or associated at the time of such suspension or revocation.
(c) 
Within sixty (60) days of receiving an application for a permit, the Common Council shall grant or deny the permit or hold the application for an additional thirty (30) days for further investigation. The City Clerk shall notify the applicant whether the application is granted, denied or held for further investigation. Such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the Common Council shall grant or deny the permit and the City Clerk shall advise the applicant in writing whether the application is granted or denied.
(d) 
Whenever an application is denied or held for further investigation, the City Clerk shall advise the applicant in writing of the reasons for such action, and that the applicant has the right to request that the Common Council review said determination, pursuant to sec. 68.11 of the Wisconsin Statutes, and sec. 2.48(5) of the West Allis Revised Municipal Code.
(e) 
Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any investigation required by this section shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial thereof.
(7) 
Standards for Issuance of Permit.
(a) 
To receive a permit as an employee for an adult-oriented establishment, an applicant must meet the following standards:
1. 
The applicant shall be at least eighteen (18) years of age.
2. 
The applicant shall not have been found to have previously violated this section within five (5) years immediately preceding the date of the application.
3. 
Subject to §§ 111.321, 111.322 and 111.335 of the Wisconsin Statutes, the applicant shall not have been convicted of any offense involving moral turpitude, prostitution, obscenity or other offense of a sexual nature in any jurisdiction within the five (5) years immediately preceding the date of the application unless the applicant has been duly pardoned.
(8) 
Fees.
[Ord. O-2009-0033, 11/3/2009]
(a) 
A license fee of five hundred seventy-five dollars ($575.00) shall be submitted with the application for a license.
(b) 
A permit fee of sixty dollars ($60.00) shall be submitted with the application for a permit.
(9) 
Display of License or Permit.
(a) 
The license shall be displayed in a conspicuous public place in the adult-oriented establishment.
(b) 
The permit shall be carried by an employee upon his or her person and shall be displayed upon request of any member of the West Allis Police Department or any person designated by the Common Council.
(10) 
Renewal of License or Permit.
(a) 
Every license issued pursuant to this section shall terminate on June 30 pursuant to Section 9.01, unless sooner revoked, and must be renewed before operation is allowed in the following license year. Any operator desiring to renew a license shall make application to the City Clerk. The application for renewal must be filed not later than sixty (60) days before the license expires. The application for renewal shall be filed with and dated by the City Clerk. A copy of the application for renewal shall be distributed promptly by the City Clerk to the West Allis Police Department, Building Inspector, Health Department and to the operator. The application for renewal shall be upon a form provided by the City Clerk and shall contain such information and data, given under oath or affirmation, as is required for an application for a new license. The application shall otherwise be considered pursuant to Section 9.28(3). It is not guaranteed that operators filing late applications will receive a decision on their application prior to expiration of the license year.
(b) 
A license renewal fee of five hundred seventy-five dollars ($575.00) shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of one hundred fifty dollars ($150.00) shall be assessed against any applicant who filed for a renewal less than sixty (60) days before the license expires.
[Ord. O-2009-0033, 11/3/2009]
(c) 
If the West Allis Police Department is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the City Clerk.
(d) 
Every permit issued pursuant to this section shall terminate on June 30 pursuant to Section 9.01, unless sooner revoked, and must be renewed before an employee is allowed to continue employment in an adult-oriented establishment. Any employee desiring to renew a permit shall make application to the City Clerk. The application for renewal must be filed not later than sixty (60) days before the permit expires. The application for renewal shall be filed with and dated by the City Clerk. A copy of the application shall be distributed promptly by the City Clerk to the West Allis Police Department and to the employee. The application shall be upon a form provided by the City Clerk and shall contain such information and data, given under oath or affirmation, as is required for a new permit. The application shall otherwise be considered pursuant to Section 9.28(6). It is not guaranteed that employees filing late applications will receive a decision on their application prior to expiration of the permit year.
(e) 
A permit renewal fee of sixty dollars ($60.00) shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of twenty-five dollars ($25.00) shall be assessed against any applicant who files for a renewal less than sixty (60) days before the permit expires.
[Ord. O-2009-0033, 11/3/2009]
(f) 
If the West Allis Police Department is aware of any information bearing on the employee's qualifications, that information shall be filed in writing with the City Clerk.
(11) 
Transfer of License or Permit.
(a) 
A license is personal to the owner(s) and operator designated in the application, provided it may be transferred pursuant to this section. A transfer application must be filed by the tenth day next following any change of the owner(s) or operators designated on the application. In the event that a transfer application is not timely filed, then the license shall be invalid for any purpose relating to the operation of the adult-oriented business, and any transfer shall require the filing of an original application and be subject to the regulations applicable thereto.
(b) 
The Clerk shall prescribe a form on which license transfer applications shall be made. The form shall include a statement under oath that the original application remains correct as previously submitted in all respects except those that are amended by the transfer application. The transfer application shall contain a statement under oath that the individual signing the transfer application has personal knowledge of the information contained therein and that the information is true and correct and shall not be complete unless accompanied by a nonrefundable transfer fee of one hundred dollars ($100). Transfer applications shall be filed in the same place and at the same time as original applications and the fee shall be payable in the same manner as for original applications.
(c) 
Transfer applications shall be reviewed, issued and subject to appeal in the same manner as original applications and they shall be issued for the remaining term of the license to be transferred.
(d) 
Any transfer of an adult-oriented establishment, other than as provided in this section, from the licensed premises to any other premises shall cause such license to lapse and become void. A license which has lapsed and become void shall be subject to revocation under Section 9.28(12).
(e) 
Permits shall not be transferrable.
(12) 
Revocation, suspension and non-renewal of license or permit.
(a) 
A license or permit issued under this section may be suspended or revoked for any of the following reasons:
1. 
Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
2. 
The operator, entertainer or any employee of the operator, violates any provision of this section or any rule or regulation adopted by the Common Council pursuant to this section; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee or customer, the penalty shall not exceed a suspension of thirty (30) days if the Common Council shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.
3. 
The operator or employee becomes ineligible to obtain a license or permit.
4. 
An operator employs an employee who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs or works as an entertainer without a permit.
5. 
Any cost or fee required to be paid by this section is not paid.
6. 
Any intoxicating liquor or fermented malt beverage, narcotic or controlled substance is served or consumed on the premises of the adult-oriented establishment.
7. 
Any operator, employee or entertainer sells, furnishes, gives or displays, or causes to be sold, furnished, given or displayed to any minor any adult-oriented entertainment or adult-oriented material.
(b) 
The Common Council, upon receipt of information that provides a reasonable basis to believe that a violation of this section has occurred, shall serve written notice of said violation(s) on the operator or employee. Said written notice shall include specific charges and shall provide the operator or employee with notice that revocation, suspension or nonrenewal of the license or permit will occur, unless a written request for a review of the Common Council's decision is made to the Common Council within thirty (30) days after service of said notice to the operator or employee. Unless otherwise extended by an agreement with the aggrieved party, within fifteen (15) days of receipt of a request for review, the Common Council shall conduct a hearing, pursuant to sec. 9.28(17) of the Revised Municipal Code.
[Ord. 6358, 2/3/1998]
(c) 
The transfer of a license or permit or any interest in a license or permit without approval of the Common Council as set forth in subsection (11) shall automatically and immediately revoke the license or permit.
(d) 
Any operator or employee whose license or permit is revoked and who seeks to obtain a license or permit under this section must apply for a license or permit according to the application provisions set forth in this section and must meet the standards for the issuance of a license or permit as set forth in this section. No location or premises for which a license has been revoked shall be used as an adult-oriented establishment for six (6) months from the date of revocation of the license. No employee whose permit has been revoked shall be eligible for a permit for six (6) months from the date of revocation.
(13) 
Location.
(a) 
No adult-oriented establishment shall be located:
1. 
Within a residential district as defined in Chapter 12 of the West Allis Revised Municipal Code.
2. 
Within five hundred (500) feet of an existing adult-oriented establishment.
3. 
Within five hundred (500) feet of any residential area.
4. 
Within five hundred (500) feet of any pre-existing school, church or day care center.
5. 
Within five hundred (500) feet of any pre-existing establishment licensed to sell or dispense fermented malt beverages or intoxicating liquor where such establishment also possesses an entertainment license under section 9.033.
(b) 
For purposes of this section, distances are to be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult-oriented establishment, to the nearest property line of another adult-oriented establishment, school, place of worship or residential district or establishment selling or dispensing fermented malt beverages or intoxicating liquor and possessing an entertainment license.
(14) 
Hours of Operation.
(a) 
No adult-oriented establishment shall be open between the hours of 2 a.m. and 8 a.m., Monday through Friday, between the hours of 3 a.m. and 8 a.m. on Saturdays, or between the hours of 3 a.m. and 12:00 noon on Sundays.
(b) 
All adult-oriented establishments shall be open to inspection at all reasonable times by the West Allis Police Department, the Building Inspector and the Health Department.
(15) 
Physical Layout of Adult-Oriented Establishment. Any adult-oriented establishment having available for customers, patrons or members, any booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements:
(a) 
Access. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult-oriented establishment and shall be unobstructed by any door, lock or other control-type devices.
(b) 
Construction. Every booth, room or cubicle shall meet the following construction requirements:
1. 
Each booth, room or cubicle shall be separated from adjacent booths, rooms or cubicles and any non-public areas by a wall.
2. 
Have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying the same.
3. 
All walls shall be solid and without any openings, extended from the floor to a height of not less than six (6) feet and be light colored, non-absorbent, smooth textured and easily cleanable.
4. 
The floor must be light colored, non-absorbent, smooth textured and easily cleanable.
5. 
The lighting level of each booth, room or cubicle shall be a minimum of ten (10) foot candles at all times, as measured from the floor.
(c) 
Occupants. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of same shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.
(16) 
Responsibility of the Operator.
(a) 
The operator shall maintain a register of all employees, showing the name and aliases used by the employee, home address, age, birth date, sex, height, weight, color of hair and eyes, telephone numbers, date of employment and termination, and duties of each employee and such other information as may be required by the Common Council. The above information on each employee shall be maintained in the register on the premises for a period of one (1) year following termination of the employee and shall be made immediately available for inspection upon demand of a member of the West Allis Police Department at all reasonable times.
(b) 
Every act or omission by an employee constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(c) 
Any act or omission of any employee constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator for purposes of determining whether the operator's permit should be revoked, suspended or renewed.
[Ord. 6360, 2/3/1998]
(d) 
There shall be posted and conspicuously displayed in the common areas of each adult-oriented establishment a list of any and all entertainment provided on the premises. Said list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. Viewing adult-oriented motion pictures shall be considered as entertainment. The operator shall make the list available immediately upon demand of the West Allis Police Department at all reasonable times.
(e) 
No minor shall be allowed to enter or remain inside an adult oriented establishment or be permitted to loiter on the business premises. For purposes of this section, "business premises" shall include property owned or leased by the adult oriented establishment and contiguous with the licensed premises, parking lots or sidewalk approaches.
[Ord. 6360, 2/3/1998]
(f) 
The operator shall maintain the premises in a clean and sanitary manner at all times.
(g) 
The operator shall maintain at least ten (10) foot candles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles, provided, however, at no time shall there be less than one (1) foot candle of illumination in said aisles, as measured from the floor.
(h) 
The operator shall insure compliance of the establishment and its patrons with the provisions of this ordinance.
(i) 
View from street. No adult-oriented establishment shall be situated in such manner as to allow public view of either its stock in trade or adult entertainment from outside of the establishment.
(17) 
Administrative Review Procedure. Except as otherwise set forth herein, the provisions of Chapter 68 of the Wisconsin Statutes, and sec. 2.48 of the Revised Municipal Code, shall govern the administrative procedure and review concerning the granting, denial, renewal, nonrenewal, suspension or revocation of a license or permit. A decision of the Common Council may be reviewed upon the request of an aggrieved person and shall be made to the City Clerk/Treasurer within thirty (30) days of the decision. Upon such appeal, the Common Council shall afford the aggrieved person with a hearing substantially in compliance with § 68.11 of the Wisconsin Statutes, except that the Common Council shall hear and review its own decisions. The decision of the Common Council subsequent to the hearing shall be the "final determination," as set forth in § 68.12 of the Wisconsin Statutes. Any party to a proceeding resulting in a final determination may seek judicial review, pursuant to the provisions contained in § 68.13 of the Wisconsin Statutes.
[Ord. 6358, 2/3/1998]
(18) 
Exclusions and Exemptions.
(a) 
All private schools and public schools, as defined in Chapter 115 of the Wisconsin Statutes, located within the City of West Allis are exempt from obtaining a permit hereunder when instructing pupils in sex education as part of its curriculum.
(b) 
Licensed medical care facilities and the West Allis Health Department are exempt from obtaining a permit, when engaged in the providing of medical care or sex education.
(c) 
Any establishment holding a Class "B" Fermented Malt Beverage License or Class "B" Intoxicating Liquor License, is ineligible to obtain a permit to conduct an adult-oriented establishment but may obtain an entertainment license pursuant to Section 9.032 of this Code.
(19) 
Penalties and Prosecution.
(a) 
Any person, partnership or corporation who is found to have violated this section shall forfeit a definite sum of not more than one thousand dollars ($1,000), together with the costs of prosecution, and, in default of payment of such forfeiture and costs, by imprisonment in the Milwaukee County House of Correction until payment of the forfeiture and costs, but not in excess of the number of days set forth in § 800.095(4) of the Wisconsin Statutes. In addition to the monetary penalty imposed, violation of this section may further result in the suspension, revocation or nonrenewal of any license or permit issued under this section.
(b) 
Each violation of this section shall be considered a separate offense, and any violation continuing more than one day shall be considered a separate offense.
(20) 
Severability. If any provision of this ordinance is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of same. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portions thereof of the ordinance which shall remain in full force and effect.
(21) 
Enforcement. The City of West Allis Police Department shall have the authority to enter any adult-oriented establishment at all reasonable times to inspect the premises and enforce this section.
(22) 
Discontinuation of Operation. Any discontinuation in the operation of the adult-oriented business for a period of twelve (12) months shall also cause the license to lapse and become void. A license holder whose license has lapsed and become void shall thereafter be subject to Paragraph 9.28(12).
(23) 
Adult Cabaret Entertainment Standards.
[Ord. 6541 (amended) 2/6/2001]
(a) 
Sufficient lighting shall be provided and equally distributed throughout the premises which are open to or used by patrons so that the lighting level is a minimum of ten (10) footcandles, as measured from the floor.
(b) 
No dances or other entertainment shall occur closer than one (1) foot to any patron.
(c) 
No employee, dancer, or other entertainer shall, during the entertainment, allow, encourage, or knowingly permit any patron or other person to touch, caress, or fondle, directly or indirectly, the employee, dancer, or entertainer.
(d) 
No employee, dancer, or other entertainer shall, during the entertainment, knowingly touch, caress, or fondle, directly or indirectly, any patron or any other employee, dancer, or entertainer.
(e) 
A dancer or entertainer employed or otherwise working or performing at an adult cabaret may accept a gratuity or other payment from a patron but no direct physical contact is permitted other than hand to hand.
(f) 
No patron or customer shall touch, caress, or fondle a dancer or other entertainer except that a gratuity may be paid as set forth in Paragraph (e).

9.29 Escorts and Escort Services.

(1) 
Definitions.
(a) 
"Escort" means any person who, for a fee, commission, salary, hire, profit, payment or other monetary considerations accompanies or offers to accompany another person to or about social affairs, entertainments or places of amusement or consorts with another person about any place of public resort or within any private quarters.
(b) 
"Escort Service" means service provided by any person who, for a fee, commission, salary, hire, profit, payment or other monetary consideration, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters.
(c) 
"Person" means any natural person, sole proprietorship, partnership, corporation or association, excepting the United States of America, the State of Wisconsin and any political subdivision thereof.
(2) 
Exemptions. This section does not apply to businesses, agencies and persons licensed by the State of Wisconsin or the City, pursuant to a specific statute or other ordinance, and employees employed by a business so licensed, and which perform an escort or an escort service function, as a service merely incidental to the primary function of such profession, employment or business, and which do not hold themselves out to the public as an escort or an escort service.
(3) 
Escort Service License Required. No person may engage in, conduct or carry on or permit to be engaged in, conducted or carried on, the operation of an escort service within the City without first having a valid escort service license issued under this section.
(4) 
Application for Escort Service License.
(a) 
Filing fee. Any person desiring to obtain an escort service license shall pay a fee of one hundred dollars ($100) to defray the costs of administration and investigation of the application. Such fee shall be paid at the time of application and is not refundable.
(b) 
Application. Any person desiring an escort service license shall file a written application with the City Clerk on a form to be provided by the City Clerk. The information provided to the City Clerk shall be provided under oath. If the applicant is a corporation, the name of the corporation shall be set forth exactly as set forth in its articles of incorporation, together with the date and state of incorporation, the names and residence addresses of each of its officers, directors and each stockholder holding ten percent (10%) or more of the stock or beneficial ownership of the corporation. The application shall also be verified by an officer of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners, and the application shall be verified by each partner. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate partner. If the applicant is neither a corporation nor a partnership, the application shall set forth the true, full name and residence address of the applicant and be verified by the applicant. The application shall also include any other name by which the applicant has been known during the previous five (5) years. The application for an escort service license shall set forth the proposed place of business of the escort service by business address, including suite number, and not by post office box, and shall contain a description of the nature and scope of the proposed business operation. In addition, the following information shall be furnished concerning the applicant, if an individual, and concerning each stockholder holding ten percent (10%) or more of the stock or beneficial ownership of the corporation, each officer and director, if the applicant is a corporation, and concerning each partner, including limited partners, if the applicant is a partnership:
1. 
The previous residence addresses, if any, for a period of three (3) years immediately prior to the date of application and the dates of such residence.
2. 
The date of birth.
3. 
The business, occupation or employment history for three (3) years immediately preceding the date of application, including, but not limited to, whether such person previously operated under any permit or license in another city in this or another state and whether any such permit or license had ever been suspended or revoked.
4. 
All convictions in any state or federal court within the past ten (10) years, including municipal ordinance violations, exclusive of traffic violations, with a brief statement of the nature of the convictions and the jurisdiction in which the convictions occurred.
5. 
All pending criminal charges in any state or federal court, with a brief statement of the nature of the pending charges and the jurisdiction in which the charges are pending.
6. 
The name of persons who will have custody of the business records at the business location.
7. 
The name and address of the person who will be the agent for service of process.
(c) 
Investigation. Applications for an escort service license shall be referred to the Chief of Police, who shall cause an investigation to be made and report the findings of the investigation to the License and Health Committee of the Common Council. Applicants shall cooperate with any investigation conducted under this section.
(d) 
Granting of Licenses. Within sixty (60) days of the receipt of an application for an escort service license, the Common Council shall either grant or deny a license. If there is a possibility that an application will be denied, the License and Health Committee shall, after notice to the applicant, conduct a hearing. The Common Council shall grant an escort service license if, upon a recommendation by the License and Health Committee, it finds that:
1. 
The required fee has been paid.
2. 
The application conforms in all respects to this section.
3. 
The applicant has not knowingly made a material misstatement in the application for an escort service license.
4. 
The applicant has fully cooperated in the investigation of his or her application.
5. 
The escort service, as proposed by the applicant, would comply with all applicable laws, including, but not limited to, the City's building and zoning regulations.
6. 
The applicant has not had an escort service license or permit or other similar license or permit revoked or suspended in this state or any other state within three (3) years prior to the date of application.
7. 
The applicant, if an individual, or any of the stockholders holding ten percent (10%) or more of the stock or beneficial ownership of the corporation, and any officers, agent, or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, does not, at the time of application, have pending any criminal charge for, or within five (5) years prior to the date of application has not been convicted of, any offense involving dishonesty, fraud, deceit, robbery, the use or threatened use of force or violence upon the person of another, or sexual immorality under Chapter 944 of the Wisconsin Statutes, as amended, or other offenses subject to sec. 111.335 of the Wisconsin Statutes, as amended.
8. 
The applicant, if a corporation, is licensed to do business and is in good standing in the State of Wisconsin.
(5) 
Escort Permit Required. No person may work or perform services as an escort in the City, either individually or while working for an escort service, unless the person has first obtained a valid escort permit issued under this section.
(6) 
Application for Escort Permit.
(a) 
Filing Fee. Any person desiring to obtain an escort permit shall pay to the City a fee of twenty-five dollars ($25) to defray the costs of administration and investigation of the application. Such fee shall be paid at the time of application and is not refundable.
(b) 
Application. Any person desiring an escort permit shall file a written application with the City Clerk on a form to be provided by the City Clerk. The application shall be verified by the applicant and the information provided to the City Clerk shall be provided under oath. Any applicant for an escort permit shall furnish all information required by sec. (4)(b) above, as well as a description of the applicant's height, weight, color of eyes and color of hair. The applicant shall provide two (2) passport size color photographs at least one inch by one inch taken within three (3) months of the date of application. In addition, the applicant shall identify, by name and address, the escort service at which the applicant is currently working, if any, or at which the applicant expects to be employed.
(c) 
Investigation. Applicants for an escort permit shall be referred to the Chief of Police who shall cause an investigation to be made of the applicant and report the findings of the investigation to the License and Health Committee of the Common Council. Applicants shall cooperate with any investigation conducted under this section.
(d) 
Granting of Permit. Within sixty (60) days of the receipt of an application for an escort permit, the Common Council shall either grant or deny the applicant an escort permit. If there is a possibility that an application will be denied, the License and Health Committee shall, after notice to the applicant, conduct a hearing. The Common Council shall grant an escort license if, upon a recommendation by the License and Health Committee, it finds that:
1. 
The required fee has been paid.
2. 
The application conforms in all respects to this section.
3. 
The applicant has not knowingly made a material misstatement in the application for an escort permit.
4. 
The applicant has fully cooperated in the investigation of his or her application.
5. 
The applicant has not had an escort license or permit or other similar license or permit revoked or suspended in this state or any other state within three (3) years prior to the date of application.
6. 
The applicant is at least eighteen (18) years of age.
7. 
The applicant does not, at the time of application, have pending any criminal charge for, or within five (5) years prior to the date of application has not been convicted of, any offense involving dishonesty, fraud, deceit, robbery, the use or threatened use of force or violence upon the person of another, or sexual immorality under Chapter 944 of the Wisconsin Statutes, as amended, or other offenses subject to sec. 111.335 of the Wisconsin Statutes, as amended.
(7) 
Issuance and Display of Escort Permit.
(a) 
The City Clerk shall issue an escort permit on which there shall be the person's true first name, surname and middle initial, if any, the picture of the applicant, the permit number and the expiration date of the permit. The permit shall be in such form as to avoid alteration.
(b) 
The certificate shall be carried on the person of the escort and shall be exhibited to any person, including law enforcement personnel, requesting to see it at any time while the person is engaged in acting as an escort.
(8) 
Restrictions on Corporate Licenses. Any corporation holding an escort service license under this section shall report to the City Clerk, in writing, within fifteen (15) days of the event described herein, any of the following:
(a) 
Any change of officers of the corporation.
(b) 
Any change in the membership of the board of directors of a corporation.
(9) 
Sale or Transfer. Upon the sale or transfer of any interest in an escort service, the license shall be void. Any person desiring to continue to operate an escort service following sale or transfer shall apply for a license.
(10) 
Escort Service Responsibility. Each person obtaining an escort service license from the City shall be responsible for the acts of the escorts, employed or working with the escort service, regardless of whether the escorts are employees, agents or independent contractors. An escort service licensed by the City shall be subject to all of the penalties under this section to which an escort would be subject, if an escort violated this section, including suspension or revocation of the escort service's license.
(11) 
Prohibited Practices.
(a) 
No person who conducts, manages or operates an escort service may allow or permit any person to work as an escort for such escort service unless the person so employed has a valid escort permit issued by the City.
(b) 
No escort may work for any person who conducts, manages or operates an escort service unless the person for whom he or she works has a valid escort service license issued by the City.
(c) 
No escort service may operate other than from a fixed location identified in the application filed with the City Clerk's office.
(d) 
No person granted an escort service license under this section may operate under any name or conduct an escort service business under any designation for any location not specified in the license issued by the City.
(e) 
No escort service may conduct any business without maintaining on its premises a daily register containing the name of each escort currently employed or otherwise working for the escort service on the date in question, a duplicate of the escort license certificate provided under sec. 9.29(6) above, and the actual hours of employment of each escort for each day. The daily register shall be available during all business hours for inspection by law enforcement personnel.
(f) 
No person licensed as an escort or escort service may in many manner advertise its services as licensed by the City.
(12) 
Renewal of Licenses and Permits. All applications for the renewal of escort permits or escort service licenses issued by the City shall be filed with the City Clerk's office, on a form to be provided by the City Clerk, no later than sixty (60) days prior to the expiration of the license or permit. Applications to renew licenses or permits previously issued under this chapter shall disclose whether there has been any change in any answer or information supplied to the City Clerk's office in connection with the original application. Applications to renew permits or licenses shall be processed by the City in the same fashion as new applications.
(13) 
Suspension or Revocation of Licenses and Permits.
(a) 
An escort service license or an escort permit may be suspended or revoked after notice and hearing before the License and Health Committee of the Common Council to determine if grounds for such suspension or revocation exist. Notice of the hearing shall be in writing and may be served by certified mail addressed to the licensee or permittee at the current address of the licensee or permittee on file with the City Clerk's office. The notice shall be served at least ten (10) days prior to the date of hearing. The notice shall state the grounds of the complaint against the licensee or permittee and shall designate the time and place where the hearing will be held.
(b) 
Any escort service license or escort permit may be suspended for not more than ninety (90) days or revoked by the Common Council for a violation of any of the provisions of this Chapter or for any of the grounds that would warrant the denial of the original application for a license or permit.
(14) 
Penalties.
(a) 
Any person who violates any provision of this section shall, upon conviction, be subject to a forfeiture of not less than five hundred ($500) nor more than two thousand ($2,000), together with the costs of prosecution, and upon default of payment, be imprisoned in the County Jail or House of Correction until the costs are paid, but not to exceed the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes.
(b) 
Each violation of this section shall be considered a separate offense, and any violation continuing more than one day shall be considered a separate offense.

9.30 Tattoo and Body Piercing Establishments.

[Ord. 6393, 8/4/1998]
(1) 
State Regulations Adopted.
[Ord. O-2014-0007, 2/4/2014]
(a) 
The provision of Sections 252.23 to 252.25 of the Wisconsin Statutes and Wisconsin Administrative Code Chapter DHS 173, as they may be from time to time amended, are adopted by reference and incorporated into this section as if fully set forth herein.
(b) 
Interpretation. If the provisions of the regulations set forth in subsection (a) conflict with the regulations set forth below, the provisions of this section shall govern.
(2) 
Agent for the State. Pursuant to Wisconsin Statutes Sections 252.245, the West Allis Health Department is authorized to enter into a written agreement with the Department of Health Services to be the Department's agent for the licensing, investigating, and inspecting of tattoo establishments, body piercing establishments, tattoo practitioners, and body piercing practitioners.
[Ord. O-2014-0007, 2/4/2014]
(3) 
License.
(a) 
No tattoo establishment or body piercing establishment shall be operated or maintained in the City of West Allis without first obtaining a license.
(b) 
A license may be issued for only one (1) tattoo establishment or body piercing establishment at a fixed and certain place. Any operator desiring to operate more than one tattoo or body piercing establishment must have a license for each, except that a combination tattoo/body piercing establishment license may be issued for one location.
(c) 
No license or interest in a license may be transferred to any person, partnership, or corporation.
[Ord. O-2014-0007, 2/4/2014]
(d) 
It shall be unlawful for any tattooist, body piercer or operator to knowingly perform any service directly related to the operation of a tattoo or body piercing establishment which does not have a valid license pursuant to this section.
(4) 
Application for License.
(a) 
Any person, partnership, or corporation desiring to secure a tattoo establishment, body piercing establishment, or combination tattoo/body piercing establishment license shall make application to the Health Department.
(b) 
The application shall be on a form provided by the Health Department and shall provide the following information:
1. 
The name(s) (including aliases,) addresses and dates of birth of the applicant, any partner or limited partner in a partnership application, any shareholder holding more than ten percent (10%) of the stock of a corporate applicant, and each corporate officer and director.
2. 
Written proof that each person required to be identified in subsection (4)(b)1. is a least eighteen (18) years of age.
3. 
The address of the establishment to be licensed.
4. 
Whether the applicant or any person required to be identified in subsection (4)(b)1. Is currently operating or has previously operated, in this or any other municipality or state, under a tattoo or body piercing establishment license, whether the applicant or person required to be named in subsection (4)(b)1. has ever had such a license or permit suspended or revoked, the reason therefore, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.
5. 
If the applicant is a corporation, the name of the corporation, the date and state of incorporation, and the name and address of the registered agent.
6. 
Proof of ownership, lease, or other legally enforceable right to possess, use, and control and premises where the licensed establishment is to be located.
(c) 
Failure or refusal of the applicant to completely and truthfully provide responses to the application questions, to give any information relevant to the investigation of the application, or refusal to appear at any reasonable time and place for examination regarding said application shall constitute an admission by the applicant that the applicant is ineligible for such license and shall be grounds for denial thereof.
(5) 
Investigation. Upon receipt of an application and fee, the Health Department shall refer the application to the Police Department. The Police Department shall make an investigation of the statements made in the application. The Police Department shall notify the Health Department as to the results of its investigation.
[Ord. O-2006-0018, 5/2/2006]
(6) 
Standards for Granting of a License. The Health Department may grant a license if it is found:
(a) 
That the business operation as proposed by the applicant will comply with the provisions of this section and all other applicable rules, regulations, ordinances and state law.
(b) 
That, subject to sections 111.321, 111.322, and 111.335, Wis. Stats., the applicant, or any of the officers, directors, or persons holding more than ten percent (10%) of the corporation stock or any of the partners have not, within the five (5) years immediately preceding the date of the application been convicted of violating this ordinance, or of any other offense substantially related to tattooing or body piercing.
(c) 
That the applicant, if an individual, partners, or the officers, directors, or persons holding more than ten percent (10%) of the corporate stock if the applicant is a corporation, are at least eighteen (18) years of age on the date of application.
(d) 
That the applicant has not knowingly made any false, misleading or fraudulent statement of fact in the license application or other information required in conjunction therewith.
(e) 
That the applicant, if a corporation, is licensed to do business and is in good standing in the State of Wisconsin.
(f) 
That the applicant has substantially complied with all building, zoning, plumbing, electrical, fire, and health codes.
(7) 
Fees.
[Ord. O-2006-0018, 5/2/2006; Ord. O-2014-0007, 2/4/2014; Ord. O-2017-0018, 4/18/2017]
(a) 
A nonrefundable license fee of three hundred thirty dollars ($330.) shall be submitted with the original or renewal application for a tattoo establishment license.
(b) 
A nonrefundable license fee of three hundred thirty dollars ($330.) shall be submitted with the original or renewal application for a body piercing establishment license.
(c) 
A nonrefundable license fee of three hundred eighty-five dollars ($385.) shall be submitted with the original or renewal application for a combination tattoo/body piercing establishment license.
(d) 
The preinspection fee for each original establishment license shall be two hundred sixty-eight dollars ($268.) for a tattoo establishment, two hundred sixty-eight dollars ($268.) for a body piercing establishment, and four hundred twenty-two dollars ($422.) for a combination tattoo/body piercing establishment. Such fee shall be submitted with the application for the license.
(e) 
A nonrefundable license fee of one hundred ninety-eight dollars ($198.) shall be submitted with the original application for a temporary establishment.
(f) 
The fee for a tattooist or body piercer operating without a practitioner's license shall be one hundred sixty-five dollars ($165.), and the fee for operating a tattoo and/or body piercing establishment without a license shall be seven hundred forty-nine dollars ($749.).
(g) 
A late fee of one hundred dollars ($100.) shall be assessed to establishment license renewals not paid prior to July 1.
(h) 
Any licensee or applicant that requires a reinspection due to the Health Department finding a violation of this section, or state statute or state regulation relating to tattoo and/or body piercing establishments, or finding a health nuisance, as defined in Section 7.03 of the Revised Municipal Code, shall pay a first reinspection fee as follows: a tattoo establishment shall be one hundred three dollars ($103.); a body piercing establishment shall be one hundred three dollars ($103.); a combination tattoo/body piercing establishment shall be two hundred six dollars ($206.).
(i) 
Any licensee or applicant that requires a second or subsequent reinspection during the licensing year due to the Health Department finding a violation of this section, or state statute or state regulation relating to tattoo and/or body piercing establishments, or finding a health nuisance, as defined in Section 7.03 of the Revised Municipal Code, shall pay a second or subsequent reinspection fee as follows: a tattoo establishment shall be two hundred six dollars ($206.); a body piercing establishment shall be two hundred six dollars ($206.); a combination tattoo/body piercing establishment shall be four hundred twelve dollars ($412.).
(j) 
The fee for a duplicate license shall be fifteen dollars ($15.).
(8) 
Approval of Sterilization Procedures.
(a) 
Prior to issuance of a tattoo or body piercing establishment license, each operator shall submit written procedures to the Health Department setting forth each step to be taken by a tattooist, body piercer, or other employee in sterilizing equipment that is not single use.
(b) 
Prior to issuance of a tattoo or body piercing establishment license, each operator shall submit written procedures to the Health Department setting forth each step to be taken by a tattooist or body piercer in cleaning, preparing, and applying antiseptic to the skin of the patron.
(c) 
No tattoo or body piercing establishment may operate until the procedures required in subsections (a) and (b) have been approved by the Health Department.
(d) 
Prior to issuance of a tattoo or body piercing establishment license, the operator shall demonstrate the sterilization of equipment following the approved sterilization procedure set forth in subsection (a). A spore test shall be conducted at the applicant's expense and by an approved laboratory. The license shall only be issued upon a negative spore result.
(9) 
Care Instructions. The written care instructions required to be provided to each patron after completion of the tattoo or body piercing procedure shall be submitted to the Health Department for approval prior to issuance of the tattoo or body piercing establishment license.
(10) 
Insurance.
(a) 
Prior to issuance and renewal of a tattoo or body piercing establishment license, the applicant or license holder shall submit to the Health Department proof of comprehensive general liability insurance in a minimum amount of $500,000 per occurrence/1 million aggregate covering all personal injury to patrons and all operations and procedures conducted on the licensed premises including but not limited to the tattooing and piercing of a persons' skin and complications therefrom.
(b) 
Such insurance shall contain a provision from the insurance company to the City pledging to notify the City within ten (10) days of any change or cancellation of the policy.
(c) 
Such insurance shall be maintained at all times the tattoo or body piercing establishment is open for business. Failure to maintain such insurance shall constitute grounds for immediate suspension at the order of the Health Commissioner or his designee.
(11) 
Display of License. The tattoo, body piercing, or combination license shall be posted in a conspicuous place in the establishment, so that it may be read by the patrons thereof.
(12) 
License Year. The license year shall begin on July 1st in each year, and terminate on June 30th in the next year. There shall be no proration of license fees.
(13) 
Hours of Operation. No tattoo or body piercing establishment shall be open between the hours of 2:00 a.m. and 6:00 a.m., Monday through Friday, or between the hours of 2:30 a.m. and 6:00 a.m. on Saturday and Sunday.
(14) 
Temporary establishments.
(a) 
No temporary establishment may be operated in the City of West Allis without first obtaining a license.
(b) 
A temporary tattoo or body piercing establishment shall comply with all regulations for regular establishments as well as those set forth in Wisconsin Administrative Code § HFS 173.11.
(15) 
Sharps and Infectious Waste Disposal. Prior to issuance of a license to a tattoo or body piercing establishment, the license applicant shall submit written proof of the establishment's ability to properly dispose of sharps and infectious waste as provided in Wisconsin Administrative Code § NR 526.
(16) 
Single Use Needles for Tattooing. Tattoo needles shall be disposable, sterile, and for single patron use only.
(17) 
Piercing Gun Use. No body piercer may use a piercing gun or similar device for body piercing a patron unless such piercing gun is disposable, sterile, and for single patron use only or is sterilized between each use as set forth in Wisconsin Administrative Code Section DHS 173.03(20).
[Ord. O-2014-0007, 2/4/2014]
(18) 
(Reserved)
[Ord. 6636, 11/4/2002]
(19) 
Licenses To Be Posted. No tattooist or body piercer may perform tattooing or body piercing procedures unless the current and valid establishment license and all current and valid practitioner licenses are posted in the establishment in a public and conspicuous place. A license may not be altered or defaced.
[Ord. O-2014-0007, 2/4/2014]
(20) 
Lead in Solder Prohibited. No tattooist shall use and no tattoo establishment shall suffer or permit the use of solder which contains lead to be used to fasten needles.
(21) 
Aprons. All tattooist and body piercers shall wear single use aprons which shall be disposed of after completing the procedure on a patron.
(22) 
Loitering Prohibited. No operator or employee of a tattoo or body piercing establishment shall allow, suffer, or permit loitering on the business premises. For purposes of this section, "business premises" shall include the licensed premises, property owned or leased by the tattoo or body piercing establishment and contiguous with the licensed premises, and parking lots, alleys, and sidewalks contiguous with the licensed premises.
(23) 
Implanting, Branding, and Scarification Prohibited.
(a) 
Definitions. As used in this section:
1. 
"Branding" means the burning of skin with a hot tool, cauterizing laser, or dry ice so that a mark is imbedded in the deep tissue.
2. 
"Implantation" means the insertion of an object under the skin, so that it remains under the skin, in whole or in part, after the procedure. This definition shall not apply to the post used in body piercing to keep the perforation from closing.
3. 
"Scarification" means the cutting of the skin so that when it heals, scar tissue remains.
(b) 
Prohibition. No person shall intentionally engage in the practice of implanting, branding, or, scarification in the City of West Allis, except as set forth herein.
(c) 
Exceptions. The prohibition set forth in subsection (b) shall not apply to licensed physicians, or procedures or orders delegated by a licensed physician.
(24) 
Responsibility of the Operator.
(a) 
Every act or omission by an employee constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be liable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(b) 
Any act or omission of any employee constituting a violation of the provisions of this ordinance shall be deemed an act or omission of the operator for purposes of determining whether the license shall be suspended, revoked, or not renewed.
(25) 
Enforcement and Inspection. The West Allis Police Department and West Allis Health Department shall have the authority to enter any tattoo or body piercing establishment at all reasonable times to inspect the premises and enforce this ordinance. The Health Department shall inspect each tattoo and bodypiercing establishment at least once per year to ensure compliance with the provisions of this ordinance.
[Ord. O-2006-0018, 5/2/2006]
(26) 
Suspension, Revocation and Nonrenewal.
(a) 
Any license issued under this section may be suspended, revoked, or not renewed for cause by the Common Council after notice to the licensee and a hearing. Suspension, revocation, or nonrenewal proceedings may be instituted by the License and Health Committee of the Common Council upon its own motion, upon sworn written charges made and filed with the Clerk/Treasurer by the Chief of Police or Health Commissioner, or upon a sworn written complaint filed with the Clerk/Treasurer by any City resident.
[Ord. O-2014-0007, 2/4/2014]
(b) 
The Common Council may suspend, revoke, or refuse to renew a tattoo or body piercing license for the following reasons:
1. 
Violation of this section or any other ordinance, administrative rule, or statute related to the practice of tattooing or body piercing.
2. 
Knowingly misrepresenting, misstating or failing to disclose information requested on the application form(s) or requested by the License and Health Committee.
3. 
Using, causing, or promoting the use of false, misleading, or deceptive: advertising; promotional literature; warranty; label, or insignia.
4. 
Knowingly deceiving a patron or the public by acting in a manner as to mislead the patron or the public as to the person's professional or license status.
5. 
Knowingly employing, directly or indirectly, any suspended, revoked, or unlicensed person to perform tattooing or body piercing.
6. 
Knowingly permitting another person to use a license issued under this section.
[Ord. O-2014-0007, 2/4/2014]
7. 
Practicing tattooing or body piercing under a false, misleading, or deceptive name.
8. 
"Sexual harassment," as that term is defined in § 111.32(13), Wis. Stats., of a patron.
9. 
The operation of the tattoo or body piercing establishment constitutes a nuisance. As used herein "nuisance" means any unreasonable activity or use of the licensed premises that interferes substantially with the comfortable enjoyment of life, health, or safety of another or others.
10. 
The failure to pay any tax or forfeiture as provided in Section 1.08(9)(a) and (b).
[Ord. O-2014-0007, 2/4/2014]
(c) 
An operator whose license has been revoked or not renewed shall not be eligible for licensure under this ordinance for a period of one year from the date the revocation or non-renewal takes effect.
(d) 
Except for emergency suspensions for the public health and safety, a suspension shall be for not less than ten (10) days, nor more than ninety (90) days.
(e) 
Any aggrieved person may appeal the decision of the Common Council to the Circuit Court of Milwaukee County within thirty (30) days from the date of service of the decision upon the operator.
(27) 
Summary Suspension. The provisions of Subsection 9.30(28) notwithstanding, whenever the Health Commissioner or his or her designee has reasonable cause to believe that the sanitary condition, operation, method of operation of the premises, or equipment used on the premises creates an immediate danger to health or safety, or whenever the Health Commissioner or his or her designee has reasonable cause to believe that the insurance required in Subsection 9.30(10) has been changed or cancelled so as not to provide the required insurance, the Health Commissioner or his or her designee may issue a temporary order suspending the operation of a tattoo or body piercing establishment.
[Ord. O-2014-0007, 2/4/2014]
(28) 
Penalties and Prosecution.
(a) 
Any person, partnership, or corporation who is found to have violated any provision of this ordinance shall forfeit the sum of not less than one hundred dollars ($100.) nor more than one thousand dollars ($1,000.), together with the costs of prosecution, and in default of payment of such forfeiture and costs, by imprisonment in the Milwaukee County House of Correction until the forfeiture and costs are paid, but not in excess of the number of days set forth in Section 800.095(1)(b) of the Wis. Stats. In addition to the monetary penalty imposed, violation of this section may further result in the suspension, revocation, or nonrenewal of any license issued under this section and legal action for injunction or other relief.
(b) 
Each violation of this ordinance shall be considered a separate offense, and each and every day an offense continues shall be considered a separate offense.
(29) 
Severability. If any provision of this ordinance is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and no affect the validity of all other provisions, sections or portions of the ordinance which shall remain in full force and effect.

9.31 Entertainment Clubs.

[Ord. 6520 (create) 6/6/2000]
(1) 
Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
(a) 
"City" means the City of West Allis.
(b) 
"Entertainment Club; means commercial premises which are open to the public, a substantial function of which is to offer patrons an opportunity to engage in social activities such as dancing, or the enjoyment of live or prerecorded music, or the enjoyment of entertainment provided by dancers or other performers. As an incidental function, an entertainment club may sell and serve food and non-alcoholic beverages to its patrons. The term "entertainment club" does not include the following: premises licensed by the City to serve alcohol beverages unless the premises are operating alcohol free pursuant to sections 125.07(3)(a)8 or 10, Wis. Stats., in which case the premises shall be considered a entertainment club; theaters where the patrons sit in parallel rows of fixed seats; full service restaurants where the only entertainment consists of background music which is incidental to the primary function of serving food; a banquet, party or celebration consisting of invited guests which is not open to the public; dances or events sponsored and operated by a governmental entity, or an educational institution.
(c) 
"Club premises" means any place where an entertainment club is operated or maintained, including all hallways, bathrooms, parking areas, private sidewalks, and other adjacent portions of the premises which are accessible to the public during operating hours.
(d) 
"Licensed Premises" means the building or that portion thereof in which the entertainment club's business is conducted. Such licensed premises shall be identified on a drawing of the premises to be attached to the application. The Common Council may approve the applicant's designation of the licensed premises or may alter it.
(e) 
"Over Twenty-One Club" means any entertainment club which restricts or is required to restrict its admissions to persons age 21 years and over.
(f) 
"Adult Oriented Establishments" are defined in Section 9.28(1)(a) of the Revised Municipal Code.
(g) 
"Person" means one or more natural persons, corporations, partnerships, associations, or other entities capable of having an action at law brought against such entity.
(h) 
"Teen Club" means any entertainment club which restricts or is required to restrict its admissions to persons under 21 years of age.
(2) 
Entertainment Club.
(a) 
License Required. It is unlawful for any person to own, lease, operate, manage or maintain an entertainment club in the City without first obtaining an entertainment club license as set forth herein.
(3) 
License Application. An applicant for an entertainment club license shall provide the following information on a form provided by the City Clerk/Treasurer:
(a) 
The name(s) (including aliases), addresses and dates of birth of the applicant, any partner or limited partner in a partnership application, and each corporate officer and director.
(b) 
The address of the establishment to be licensed.
(c) 
Whether the applicant or any person named in subsection 9.31(3)(a) is currently operating or has previously operated, in this or any other municipality or state, under an entertainment club license; whether the applicant or person required to be named in subsection 9.31(3)(a) has ever had such license suspended or revoked; the reason(s) therefore; and the business entity and/or trade name under which the applicant operated that was subject to the suspension or revocation.
(d) 
If the applicant is a corporation, or limited liability company, the name of the corporation, or limited liability company, the date and state of incorporation, and the name and address of the registered agent.
(e) 
Proof of ownership, lease, or other legally enforceable right to possess, use, and control the premises where the licensed club is to be located.
(4) 
Additional Application Materials. In addition to the written application, an applicant shall also furnish to the Clerk/Treasurer the following:
(a) 
A written statement setting forth all measures proposed to insure that adequate traffic control, crowd monitoring and security, both inside and outside the premises, will be maintained, and that the ages of patrons admitted to the club will be monitored.
(b) 
A written statement electing whether the entertainment club will be operated either exclusively as a teen club or an over twenty-one club.
(c) 
A written statement of whether the applicant or the applicant's partners or offices, directors, or any other person involved in the operation or management of the entertainment club has been convicted within the preceding five years of any crime or ordinance violation involving firearms, gambling, racketeering, controlled substances, sexual offenses, prostitution, assault, contributing to the delinquency of a minor, or other offenses involving the allowance or suffering of minors in places where they are not to be admitted.
(5) 
Duty to Cooperate. The applicant shall have a duty to cooperate in the application and investigation process. Failure or refusal of the applicant to completely and truthfully provide responses to the application questions, to give any information relevant to the application or investigation, or refusal to appear at any reasonable time and place for examination regarding the application and/or operation of an entertainment club shall constitute an admission by the applicant that the applicant is ineligible for such license and shall be grounds for denial thereof.
(6) 
Investigation. Upon receipt of an application and fee, the Clerk/Treasurer shall refer the application to the Police Department, Fire Department, Department of Building Inspection and Zoning, and the Health Department. Each department except the Police Department shall make an investigation of the premises to ensure that it complies with applicable state and city laws. The Police Department shall make an investigation of the applicant and the statements made in the application. Each department shall notify the Clerk/Treasurer as to the results of its investigation.
(7) 
Standards for Granting and Issuance or Denial of License. The Common Council shall consider the following factors in acting on an application:
(a) 
Whether the entertainment club proposed by the applicant will comply with the provisions of this section and all other applicable rules, regulations, ordinances, and state laws.
(b) 
Whether the application is complete or if it contains any material misrepresentation(s).
(c) 
Whether the application shows that adequate measures for the protection of the public health, safety, and welfare in terms of traffic control, crowd monitoring and security, both inside and outside the premises, and the monitoring of the ages of patrons admitted to the entertainment club will be provided.
(d) 
Whether, subject to Sections 111.321, 111.322, and 111.335, Wis. Stats., the applicant or other persons required to be named in Subsection 9.31(3)(a) have been convicted of violating this ordinance or any other offense substantially related to operating an entertainment club. Convictions for events occurring within five (5) years of the date of application shall be considered except that if any such convictions exist, the Common Council may consider prior convictions to determine a pattern of conduct.
[Ord. O-2015-0049, 10/6/2015]
(e) 
Whether the applicant, if a corporation or limited liability company, is in good standing and licensed to do business in the State of Wisconsin.
(f) 
Whether the applicant has substantially complied with all building, zoning, plumbing, electrical, fire, and health codes.
(8) 
Fees. A nonrefundable license fee of two hundred fifty dollars ($250.00) shall be submitted with the application for an entertainment club license.
[Ord. O-2009-0033, 11/3/2009]
(9) 
Operating Rules and Regulations. The following operating rules and regulations shall apply to all entertainment clubs in the City:
(a) 
Persons of the following ages shall not be permitted to enter or remain on the premises of a teen club:
(1) 
Under the age of 16 years unless accompanied by a parent or legal guardian.
(2) 
21 years of age or older except for bona fide employees or entertainers hired by the licensee to work in the club and while actually performing work-related functions, or a parent or guardian accompanying a person under 21 years of age present in the club.
(b) 
No person under the age of 21 years shall be permitted nor may a licensee suffer or permit a person under the age of 21 years to enter or remain on the licensed premises of an over twenty-one club unless accompanied by a parent or legal guardian except for bona fide employees or entertainers hired by the licensee to work in the club and while actually performing work related functions.
(c) 
Teen clubs shall be closed between the hours of 10:30 p.m. and 3:00 p.m. of each day.
(d) 
Over twenty-one clubs shall be closed between the hours of 2:00 a.m. and 11:00 a.m. of each day.
(e) 
The licensee shall maintain a current list of all persons employed to work in or entertain at the licensed premises. Said list shall contain the name or names (legal, trade, and alias), current address and date of birth of each employee or entertainer. Such list shall be provided to any police officer upon request.
(f) 
The licensee shall employ an adequate number of qualified security personnel who will be present on the club premises during all operating hours and at such times before and after operation so as to maintain peace and order and to ensure compliance with all applicable laws of the City and State of Wisconsin.
(g) 
The licensee shall meet all obligations as set forth in its application and approved by the Common Council.
(h) 
The licensee shall insure that no alcohol beverages or controlled substances are offered for sale or consumed on the entertainment club premises.
(i) 
It shall be the obligation of the licensee to summon the police when any person is or appears to be, under the influence of, or affected by the use of, alcohol or controlled substances, or whose conduct creates a public disturbance or poses a physical danger to the safety of others present.
(j) 
All portions of the licensed premises which are available for public use shall be adequately illuminated. Such illumination shall not be less than 10 foot-candles at floor level at all times when the licensed premises are open to the public or when any member of the public is permitted to enter or remain on the licensed premises.
(k) 
The licensee shall prevent loitering, the creation of public nuisances or disturbances of the peace by any patron or patrons of the entertainment club on the club premises or in the immediate vicinity.
(10) 
Access by Police Officers. Any police officer of the City shall have free access to all entertainment clubs for the purpose of inspection and to enforce compliance with the provisions of this ordinance at all times that the licensed premises are open to patrons and such other times as would be reasonable under the circumstances.
(11) 
Location.
(a) 
Entertainment clubs may be located as a special use in business districts as provided in Chapter 12 of this code.
[Ord. 6532, (amend), 9/5/2000]
(b) 
No teen club shall be located on premises used at any time as an adult oriented establishment or as a facility to serve alcohol beverages.
(c) 
No teen club shall be permitted to be operated on the same premises as an over twenty-one club.
(12) 
Checking the Age of Patrons.
(a) 
The licensee shall require picture identification upon which it is reasonable to rely showing the date of birth of each person admitted to an entertainment club. It is unlawful for a person to knowingly or recklessly suffer or permit a person to enter or remain on the licensed premises of an entertainment club in violation of the age restrictions of this ordinance.
(b) 
It is unlawful for any person to enter or remain upon the licensed premises of an entertainment club if the person does not meet the age restrictions of this ordinance.
(c) 
It is unlawful for any person to misrepresent his or her age for the purpose of obtaining or attempting to obtain admission to an entertainment club in violation of the provisions of this ordinance.
(13) 
Responsibility of Licensee. Every act or omission by an employee constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the licensee and the licensee shall be subject to the penalties for such act or omission in the same manner as if the licensee committed the act or caused the omission.
(14) 
Suspension or Revocation of License. In addition to the penalties specified for violation of the provisions of this section, a license issued under this section may be suspended for ten (10) to ninety (90) days or be revoked by the Common Council after written notice to the licensee, a hearing before the License and Health Committee, and a recommendation by said Committee to the Common Council. The Common Council shall then act on the Committee's recommendation after affording the licensee an opportunity to submit its views, in writing, to the Common Council. A licensee whose license has been revoked shall not be eligible for a license for a period of two (2) years from the date of revocation.
(15) 
Penalty. Any person violating any provision of this ordinance shall forfeit not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00) for each offense, together with the costs of prosecution; and, in default of payment of such forfeiture and costs, by imprisoned in the Milwaukee County House of Corrections until payment of the forfeiture and costs, but not in excess of the number of days set forth in § 800.095(4), Wis. Stats. Each and every day a violation of a provision of this ordinance continues constitutes a separate offense.
(16) 
Nuisance. Any violation of this ordinance is declared to be a nuisance. In addition to any other relief provided by this ordinance, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this ordinance. The application for relief may include seeking a temporary restraining order, temporary and/or permanent injunction, and such other relief, as the City Attorney deems appropriate.
(17) 
Severability. The provisions of this ordinance are severable. If any provisions of this ordinance or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions(s) or applications(s.)

9.32 Check-Cashing Businesses.

[Ord. O-2006-0041, 10/17/2006]
(1) 
Definition. Check-cashing businesses. A check-cashing business, also referred to as a payday loan business, title for cash business, convenient-cash business or similar enterprise means any person licensed pursuant to Wis. Stat. § 218.05, or a person licensed pursuant to Wis. Stat. § 138.09, who accepts a check or title, holds the check or title for a period of time before negotiating or presenting the check or title for payment, and pays to the issuer an agreed-upon amount of cash, or who refinances or consolidates such a transaction.
(2) 
Hours of Operation. No check-cashing business shall be open for business between the hours of 9:00 p.m. and 9:00 a.m.
(3) 
Penalty. Any person violating the provisions of this subsection shall forfeit:
(a) 
The sum of two thousand five hundred dollars ($2,500.) upon the first conviction under this ordinance within a one-year period.
(b) 
The sum of five thousand dollars ($5,000.) upon the second conviction under this ordinance within a one-year period.
(c) 
The sum of seven thousand five hundred dollars ($7,500.) upon the third and subsequent conviction under this ordinance within a one-year period.
(d) 
For purposes of counting the one-year period, the date of violation shall be used.

9.33 General Provisions as to Licenses.

(1) 
Record Check Fee. Whenever a record check search is required prior to the issuance of a City license or permit, the applicant shall pay an additional $7.00 for each personal history search. The City Clerk/Treasurer shall collect the fee at the time the applicant has submitted the license application.
[Ord. O-2009-0033, 11/3/2009]

9.34 Property Owner Registration.

[Ord. O-2010-0024, 8/3/2010; Ord. O-2010-0033, 9/21/2010; Ord. O-2010-0036, 10/5/2010; Ord. O-2011-0073, 10/18/2011]
(1) 
Purpose.
(a) 
Property owner registration of residential and commercial properties is essential for the proper enforcement of the City's Building, Zoning, Fire and Health Codes and to safeguard persons, property and general welfare.
(b) 
The Common Council of the City of West Allis has determined that, in order to best safeguard the health, safety, and general welfare of the public, it is necessary to maintain a listing of current property owner contact information so that City agencies may expeditiously process property-related enforcement issues.
(c) 
The Common Council of the City of West Allis has further determined that in order to expeditiously process enforcement issues, the property owner shall provide owner contact information and designate a registered contact person and if the owner does not reside in the State of Wisconsin, designate a person or legal entity located within the State of Wisconsin for service of process.
(2) 
Definitions. In this section:
(a) 
"Commercial" means use of property that is not classified by the City Assessor as residential and includes classifications of mixed use, multifamily, commercial, manufacturing, industrial and institutional property classifications.
(b) 
"Registered Contact Person" means a person designated by the property owner to be contacted regarding related enforcement issues for the subject property. The property owner may be listed as the registered contact person, except where the owner's residency is not within the State of Wisconsin. The property owner may designate more than one registered contact person. The owner shall authorize the City to serve any legal process on the contact person and service shall have the same effect as having served the owner.
(c) 
"Domicile" means the owner's true, fixed and permanent residence and to which, whenever absent, the individual intends to return, except that no individual may have more than one domicile at any time. The domicile address shall not be a post office box or similar depository.
(d) 
"Entity" means the legal owner of the property and includes the mortgagee in possession, a trustee, a trust, a life estate holder, a condominium association, a land-contract buyer, a general partnership, a limited partnership, a limited liability company, a cooperative, a corporation, or other property ownership type.
(e) 
"Owner" means each person who jointly or severally is vested with all or part of legal title to (or beneficial ownership of) the premises, and who has the right to use and enjoyment of the premises. The term includes, but is not limited to, a mortgagee in possession, a trustee, a trust, a life estate holder, a condominium association, a land-contract buyer, a general partnership, a limited partnership, a limited liability company, a cooperative, and a corporation or other property ownership type.
(f) 
"Owner-occupied" means the owner's residence and domicile is on the subject property.
(g) 
"Person" means an individual.
(h) 
"Physical address" means a unit-specific building or house number and street name and not a post office box or commercial alternative to a post office box.
(3) 
Exceptions. The following are exempt from registering as required under this section.
(a) 
Land parcels of owner-occupied one-, two-, and three-family residential classified properties where the ownership is recorded with the Milwaukee County Register of Deeds.
(b) 
Land parcels classified by the Assessor's as a residential vacant lot and where the legal property owner's domicile is adjacent to the vacant lot.
(c) 
Owners of owner-occupied condominium units where the ownership is recorded with the Milwaukee County Register of Deeds and a Condominium Association declaration is established, and the association has an appointed condominium agent.
(d) 
Government-owned properties, including federal, state, county, City of West Allis and West Allis/West Milwaukee School District properties, Milwaukee Metropolitan Sewerage District properties, Milwaukee Area Technical College properties, and property owned by public utilities where ownership is recorded with the Milwaukee County Register of Deeds Office.
(e) 
Owners of properties which are currently registered in accordance with RMC 18.10 or RMC 18.11.
[Ord. O-2016-0039, 8/2/2016]
(4) 
Registration Required.
(a) 
The following shall file with the City the required registration form provided by the City, for registering the property in compliance with this section:
1. 
Residential or Commercial Property Owner: one (1) registration for each tax-key-numbered parcel classified as residential or commercial, including properties classified as a vacant lot.
(b) 
Exceptions. See Subsection (3) for exceptions to registration.
(5) 
Registration Information Required.
(a) 
The property owner is legally responsible for compliance with the registration requirements of this section and submittal of the required form with required information.
(b) 
The registration form shall be provided by the City to the property owner by first-class mail to the last known address of the property owner. The City may allow electronic filing of registration information.
(c) 
Information required to be submitted to the City shall be typed or printed legibly and shall include the following:
1. 
In the case of a person or persons owning the property: legal name; domicile residence address, with street address, city, state, zip code; and phone number for emergency contact. The domicile address shall not be a post office box or similar depository.
2. 
In the case of property ownership by corporation, limited partnership, limited liability partnership, or other similar ownership as registered with the State of Wisconsin: Wisconsin corporation identification number; legal name of entity; registered agent's legal name; domicile residence address of registered agent including city, state, zip code and phone number for emergency contact. The domicile address shall not be a post office or similar depository.
3. 
In the case of a trust, trustee or life estate holder: Wisconsin Registration Identification Number; legal name of representative; domicile residence address of representative, including street address, city, state, zip code and phone number for emergency contact of the representative. The domicile address shall not include a post office box or similar depository.
4. 
The property owner shall designate and state on the registration a registered contact person. The registered contact person may be the property owner. The listing of the contact person shall include his/her address, city, state, zip code and phone number.
5. 
The property address and tax key number of the property being registered.
(6) 
Registration and Changes In Information.
(a) 
Initial Registration. Beginning in the calendar year 2010, each owner of a property required to be registered by this Section shall file the required registration form and pay the required fee. The registration form shall be sent by first-class mail. Any registration filed after December 1,2010 or, in the case of change of ownership, later than stated in (b) through (e) below, shall result in the fee being increased to one hundred fifty dollars ($150.). The increased fee may be waived by the City.
(b) 
Registration. Any change of ownership after the initial registration shall be filed within 30 days of conveyance. Any registration filed after 30 days of conveyance shall result in the fee being tripled. The increased fee may be waived or rescinded by the City.
(c) 
Recording After Death. In the event of death of the property owner required to be registered under this section, the subsequent owner shall file a new registration form within 60 days after conveyance from the estate or other acquisition of interest.
(d) 
Registering After Conveyance, Change of Ownership. In the event of any conveyance of any property required to be recorded under this section, the new owner shall file a new registration within 30 days of the date of conveyance, or if the conveyance is by sale after foreclosure, then within 30 days of the date of court confirmation of the sale.
(e) 
Change of Contact Information. If any information listed on a properly filed registration changes, other than ownership events listed in Subparagraphs (a) through (d) above, a revised registration form shall be filed within 30 days of the change of information. There shall be no fee to change contact information for a registered owner or his designated registered contact person(s). The City may periodically require property owners to verify recorded contact information for changes.
(7) 
Failure To Register.
(a) 
The property owner is responsible for compliance with the registration requirements of this section.
(b) 
Failure of the owner of the property to file the required registration form, failure to file a change of information form, or failure to file the required fee is a violation of this Code. Notice of violation shall be outlined in written form and served upon the owner of the property. The City shall serve such notice and order by first-class mail to the last known address of the property owner.
(c) 
Such notice and order shall include the following:
1. 
The address or tax key number of the property so affected.
2. 
A statement of violation, including the corresponding reference to the Code requirement.
3. 
An order for remedial action to correct such violation.
4. 
Statement of time for compliance to the Code requirement.
5. 
Statement of fee due.
6. 
Statement of penalty.
7. 
Statement of appeals process.
(d) 
The time period for compliance may be extended at the discretion of the City. A request for time extension may be considered after receiving a written communication from the property owner, registered contact person, or legal representative stating reasonable cause.
(e) 
Failure of the property owner to comply with the notice and order may be cause for the City to file a court action for violation of this code and be subject to the penalties in Subsection (11).
(8) 
Falsification of Registration Form.
(a) 
No person shall knowingly or intentionally submit information on the registration form that she/he knows to be false or misleading. Falsification shall be subject to penalties as stated in Subsection (11).
(9) 
Registration Fee.
(a) 
The registration fee is fifty dollars ($50.) per new registration. A registration not filed timely, as required by this code, shall result in a fee increase to one hundred fifty dollars ($150.). The increased fee may be waived or reduced by the City.
(10) 
Appeals.
(a) 
A property owner or owner's agent may appeal any compliance order to the City of West Allis Administrative Review Board pursuant to Section 2.48, by filing a written request for a hearing with the City Clerk within twenty (20) days of the date of the issuance of the order.
(b) 
The appeal and hearing procedure shall conform to the standard rules and hearing procedures of the Administrative Review Board.
(c) 
If the Administrative Review Board upholds the Order of the City, the property owner may appeal the decision within thirty (30) days to the circuit court.
(d) 
If a property owner does not file a timely written request for a hearing with the Administrative Review Board, he or she waives the right to assert that the property did not meet the criteria for registration under this section.
(11) 
Penalties.
(a) 
Any property owner or entity violating the provisions of this ordinance shall be required to forfeit not less than one hundred dollars ($100.) nor more than five hundred dollars ($500.), along with the costs of prosecution. In default of payment thereof, the person shall be imprisoned in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Section 800.095(4) of the Wisconsin Statutes.

9.35 Control of Premises and Lapse of Operation.

[Ord. O-2013-0026, 6/4/2013]
(1) 
Control of Premises. No applicant will be considered for any license or permit issued under this chapter unless the applicant has the right to possession of the premises described in the application for the license. The applicant shall present documentation, in a form acceptable to the City Attorney, of proof of right to possession for the license/permit period. Loss of the right to the premises subjects the license or permit to immediate revocation. Only one (1) license or permit for the same activity may be issued per premise at one time.
(2) 
Lapse of License/Permit. Whenever any licensee or permittee under this chapter shall not conduct the licensed or permitted business at the authorized location for a period of thirty (30) consecutive days, the license or permit shall become subject to revocation, unless such thirty-day period is, for good cause, extended by the License and Health Committee.
(3) 
Procedure for Suspension, Revocation, or Nonrenewal. The procedures for suspension, revocation, and nonrenewal of licenses set forth in Subsection 9.02(20)(d) through (h) of the Revised Municipal Code shall apply to all licenses and permits issued under this chapter.
(4) 
Applicability. The provisions of Subsection (1) shall not apply where the licensed or permitted activity is, by its nature, not conducted at a particular premises. Where there is a specific requirement or procedure set out in this chapter for a particular license or permit, the more specific procedure or requirement shall govern.

9.36 Electronic Smoking Device Sales.

[Ord. O-2016-0011, 8/2/2016]
(1) 
Findings. The Common Council of the City of West Allis finds that:
(a) 
Electronic smoking devices are battery-operated devices designed to deliver nicotine, flavor, and/or other substances through a vapor inhaled by the user; and
(b) 
The use of electronic smoking devices has increased significantly in recent years, as evidenced by the fact that:
1. 
Between 2011 and 2015, e-cigarette use rose from one and five-tenths percent (1.5%) to sixteen percent (16%) among high school students and from six-tenths percent (0.6%) to five and three-tenths percent (5.3%) among middle school students;
2. 
In 2013-14, eighty-one percent (81%) of current youth e-cigarette users cited the availability of appealing flavors as the primary reason for use;
3. 
In 2015, more than three million (3,000,000) middle and high school students were current users of e-cigarettes, and e-cigarettes were the most commonly used tobacco products among youth;
4. 
Nine and three-tenths percent (9.3%) of youth who have used electronic smoking devices have never smoked conventional cigarettes;
5. 
Between 2010 and 2011, rates of both awareness and use of unregulated electronic smoking devices by adults also increased significantly; and
(c) 
Some cartridges used by electronic smoking devices can be refilled with liquid nicotine solution, creating the potential for exposure to dangerous concentrations of nicotine. As a result:
1. 
Poisonings from electronic smoking devices have increased dramatically in the past five (5) years from once a month in September 2010 to two hundred fifteen (215) a month in February 2014.
2. 
Analysis of reports of poisonings from electronic smoking devices finds that calls reporting exposure to electronic smoking devices are much more likely to involve adverse health effects when compared to calls reporting exposure to conventional cigarettes; and
(d) 
A study published in the Journal of Environmental and Public Health suggests that electronic smoking devices "may have the capacity to 're-normalize' tobacco use in a demographic that has had significant denormalization of tobacco use previously"; and
(e) 
Electronic smoking devices often mimic conventional tobacco products in shape, size, and color, with the user exhaling a smoke-like vapor similar in appearance to the exhaled smoke from cigarettes and other conventional tobacco products; and
(f) 
The purported health benefits from electronic smoking devices have not been scientifically proven, and use of these devices has not been proven safe, either for their users or for bystanders. More than one (1) study has concluded that exposure to vapor from electronic smoking devices may cause passive or secondhand vapor inhalation. Clinical studies about the safety and efficacy of electronic smoking devices have not been submitted to the Food and Drug Administration (FDA) for the more than four hundred (400) brands of electronic smoking devices that are on the market, and consumers have no knowledge of whether electronic smoking devices are safe; what types of concentration of potentially harmful chemicals the products contain; and what dose of nicotine the products deliver. The World Health Organization has strongly advised consumers against the use of electronic smoking devices until they are "deemed safe and effective and of acceptable quality by a competent national regulatory body." The World Medical Association has determined that electronic smoking devices "are not comparable to scientifically proven methods of smoking cessation" and that "neither their value as therapeutic aids for smoking cessation nor their safety as cigarette replacements is established"; and
(g) 
Research indicates electronic smoking devices may lead youth to try other tobacco products. In addition, research indicates that youth who use electronic smoking devices are more likely to use tobacco products, including cigarettes, than those youth who do not use electronic smoking devices; and
(h) 
Electronic smoking devices are currently unregulated and have been proven to emit nicotine, ultrafine particles, volatile organic compounds, and other toxins. Inhalation of nicotine is proven to be dangerous to everyone, especially children and pregnant women. Exposure to ultrafine particles may exacerbate respiratory illnesses, such as asthma, and may constrict arteries which could trigger a heart attack. The volatile organic compounds, such as formaldehyde and benzene, found in electronic smoking device aerosols, as well as conventional cigarette smoke, are proven carcinogens; and
(i) 
That a Harvard University health study found high levels of diacetyl in thirty-nine (39) of fifty-one (51) unique flavors of chemicals used in electronic smoking devices. Diacetyl is associated with bronchiolitis obliterans and other severe respiratory diseases among workers who have inhaled heated vapors containing diacetyl; and
(j) 
That existing studies on electronic smoking devices' vapor emissions and cartridge contents have found a number of dangerous substances, including: carcinogens such as formaldehyde, acetaldehyde, lead, nickel, and chromium; PM 2.5, acrolein, tin, toluene, and aluminum which are associated with a range of negative health effects, such as skin, eye, and respiratory irritation, neurological effects, damage to reproductive systems, and premature death from heart attacks and stroke; inconsistent labeling of nicotine levels in electronic smoking device products; and in one (1) instance, diethylene glycol, an ingredient used in antifreeze and toxic to humans; and
(k) 
That many news stories have detailed police reports of individuals using electronic smoking devices to smoke illegal narcotics, such as marijuana wax, synthetic marijuana, liquid marijuana, and hash oil; and
(l) 
That in 2016, the FDA adopted regulations prohibiting the sale of electronic smoking devices to any person under age eighteen (18); and
(m) 
That on at least two (2) occasions, the West Allis Police Department has discovered hash oil, a prohibited Schedule I narcotic, in electronic smoking device liquids offered for sale at West Allis businesses.
(2) 
Definitions.
(a) 
"Electronic Smoking Device" means an electronic device that can be used to deliver an inhaled dose of nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. It includes any such device whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vape pen, or any other product name or descriptor.
(b) 
"Electronic Smoking Device Paraphernalia" means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. It does not include any cigarette, as defined in § 139.30(1m) Wis. Stats., nicotine product, as defined in § 134.66(1)(f) Wis. Stats., or tobacco products, as defined in § 139.75(12) Wis. Stats.
(c) 
"Person" means any individual, firm, corporation, or organization.
(d) 
"Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. Smoking also includes the use of an electronic smoking device which creates an aerosol or vapor in any manner or in any form or the use of any oral smoking device.
(3) 
License Required. No person shall sell, give, or furnish an electronic smoking device or electronic smoking device paraphernalia in the City of West Allis without having first obtained a license from the City of West Allis therefor. Only a person who complies with the requirements of this section shall be entitled to receive and retain a license.
(4) 
Sale to Minors Prohibited. No person shall sell, give, furnish, or cause to be sold, given, or furnished an electronic smoking device or electronic smoking device paraphernalia to a person less than eighteen (18) years of age.
(5) 
License Application. A written application for the license required by this section shall be filed with the City Clerk upon forms provided by the City Clerk. The annual license fee shall be one hundred dollars ($100) and shall be paid at the time the initial application is filed or, for license renewals, prior to the expiration of a license. Any renewal licensee fee paid on July 1 or later shall be subject to a late fee of ten dollars ($10). A licensee or applicant shall notify the City Clerk in writing if any information listed on the application form has changed within ten (10) days of such change.
(6) 
License Investigation. The City Clerk shall notify the Chief of Police or Chief's designee to investigate the applicant to determine whether the applicant is at least eighteen (18) years of age, if an individual; if a partnership, that each partner is at least eighteen (18) years of age; and, if a corporation or other entity, that the designated agent is at least eighteen (18) years of age. Additionally, the Chief of Police or designee shall investigate whether the applicant is a habitual law offender and/or has committed a felony, misdemeanor, statutory violation punishable by forfeiture, or county or municipal ordinance violation in which the circumstances of the felony, misdemeanor, or other offense substantially relate to the circumstances of the licensed activity. The results of the investigation shall be furnished to the City Clerk in writing.
(7) 
License Issuance. Based upon the police investigation, the City Clerk shall either grant or deny the license. If the license is granted, the City Clerk shall name the licensee and the place wherein such business is authorized to be conducted. If the license is denied, the City Clerk shall set forth, in writing, to the applicant's last-known address the reasons for denial. An applicant who has been denied a license by the City Clerk may appeal the decision to the West Allis Common Council within twenty (20) days from the date of notification. The decision of the Common Council shall be final.
(8) 
License Year. The license year for licenses issued under this section shall be from July 1 to June 30 annually, unless sooner suspended or revoked.
(9) 
Posting of License. Every licensee shall display its license at all times in plain view of the public on the licensed premises. Duplicate licenses shall be issued to replace licenses which are misplaced or damaged so as to be illegible. The fee for a duplicate license shall be ten dollars ($10).
(10) 
Truth of Statements. All matters submitted in writing to the City by any applicant or licensee pertaining to any license issued under this section shall be true.
(11) 
Conditions of License.
(a) 
Every applicant procuring a license thereby consents to the entry of the police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search and consents to the removal from said premises of all things and articles there had in violation of City ordinances or state laws.
(b) 
The licensee and/or employees and agents of the licensee shall cooperate with police investigations or investigations of any other duly authorized representative of the City. "Cooperate," as used in this subsection, shall mean calling the police when a disturbance of the peace or other violation occurs on the licensed premises and providing complete and truthful responses to any inquiries from the police or other duly authorized representative of the City. A licensee shall also appear before the License and Health Committee when requested to do so and shall otherwise follow the lawful directives of the License and Health Committee.
(c) 
Each licensed premises shall be conducted in an orderly manner, and no disorderly, riotous, or indecent conduct shall be allowed at any time on any licensed premises.
(d) 
The licensee shall comply with all other provisions of this section and all other ordinances of the City of West Allis and the laws of the State of Wisconsin.
(12) 
Transfer of License. No license shall be transferred to another person or premises.
(13) 
Vending Machines and Self-Service Displays Prohibited. No licensee shall sell, give, furnish, or cause to be sold, given, or furnished an electronic smoking device or electronic smoking device paraphernalia by use of a vending machine or self-service display unless the licensee ensures that no minor is present or permitted to enter the premises at any time.
(14) 
Nuisance Enforcement. In addition to the penalties listed within this section, the City Attorney or his/her designee or the Police Chief or his/her designee may pursue a nuisance enforcement action against a person selling, giving, or furnishing electronic smoking devices under Chapter 18 of this Code.
(15) 
License Revocation.
(a) 
Causes. Any license issued under this section may be suspended, revoked, or nonrenewed for cause by the Common Council after notice to the licensee and a hearing. Licenses may be suspended, revoked, or not renewed for the following causes:
1. 
The making of any material false statement in any application for a license.
2. 
The violation of any of the applicable provisions of this section.
3. 
The failure to conduct its licensed business at the authorized location for a period of thirty (30) consecutive days, unless such thirty-day period shall, for good cause shown, be extended by the Common Council.
4. 
The licensed premises is operated in such a manner that it constitutes a public or private nuisance or that conduct on or emanating from the licensed premises, including but not limited to loud and raucous noise, has had a substantial adverse effect upon the health, safety, convenience, or prosperity of the immediate neighborhood.
5. 
The failure to pay any tax or forfeiture as provided in Section 1.08(9)(a) and (b).
(b) 
Commencement of Proceedings. Suspension, revocation, or nonrenewal proceedings may be instituted by the License and Health Committee of the Common Council upon its own motion or upon sworn written charges made and filed with the City Clerk by the Chief of Police or Health Commissioner.
(c) 
Procedure. The procedure for suspension, revocation, and nonrenewal of licenses shall be as set forth in Subsection 9.02(20)(d) through (h) of the Revised Municipal Code.