[Adopted 5-20-2008 by Ord. No. 1031 (Title 3, Ch. 11, of the 2009 Code
of Ordinances)]
The provisions of this article shall apply to all public property
owned and controlled by the City of Lake Mills, including but not
necessarily limited to parks and recreation areas, or other public
property.
[Amended 9-20-2016 by Ord. No. 1164]
No person, corporation, group, club or association may sell
or give away any merchandise of any kind in any park or playground
or on any other public property owned or controlled by the City, including
rights-of-way, sidewalks, or parking lots, without a vendor's permit,
as provided in this chapter. No person, corporation, group, club or
association may sell merchandise of any kind at or in Bartel's Beach.
This chapter shall not apply to the following situations:
B.
The person, club, organization, group or corporation has been permitted to sell merchandise under the public market permit issued under § 512-1.
C.
The person, club, organization, group or corporation has been authorized
by the Council or Facilities and Grounds Director to sell merchandise
under a special permit for events in the parks, such as the periodic
festivals or events in Commons Park, Sandy Beach Park or Rotary Park.
[Amended 8-3-2021 by Ord. No. 1226]
D.
The seller is authorized to sell merchandise under the direction
of the Rotary Club in the concession stand at Rotary Park.
E.
The seller is authorized by the Council to sell merchandise in the
bait shop or at the Sand Bar Restaurant at Sandy Beach Park.
[Amended 12-18-2012 by Ord. No. 1103; 8-3-2021 by Ord. No. 1226]
Each person, club, organization, group or corporation desiring
to apply for a vendor's license to sell or give away merchandise in
any park or playground, or on any other public property owned or controlled
by the City, shall file an application with the City Clerk on a form
approved by the Facilities and Grounds Director. The application shall
contain the following information:
A.
The name, address and telephone number of the applicant.
B.
The location where the applicant proposes to sell or give away merchandise.
C.
The articles of merchandise proposed to be sold or given away.
D.
A description of any equipment that the vendor plans to use, including
not only food preparation and food-serving equipment, but also any
cart or stand or display proposed to be used in the operation.
E.
The time period during which the vendor proposes to sell merchandise,
including the hours of operation and the days of the week when sales
are anticipated to occur.
F.
A drawing of the footprint of the area of public property, including
dimensions, where the applicant proposes the operation will occupy.
[Amended 5-20-2014 by Ord. No. 1128]
A.
The annual license fee of $150 shall be paid by the applicant prior
to issuance of the vendor's license, and such license shall automatically
expire each year on December 31.
B.
A weekly license may be obtained by applying for a weekly license,
if approved by the Facilities and Grounds Director and if a weekly
license fee of $25 is paid prior to issuance of the license.
[Amended 8-3-2021 by Ord. No. 1226]
C.
A single-use license option is available for no fee for civic groups,
school groups, fund-raisers, and annual cookie sales by such groups
if conducted on one day only, and if approved by the Facilities and
Grounds Director.
[Amended 8-3-2021 by Ord. No. 1226]
D.
Applications for new licenses may be made at any time after November
1.
E.
Consideration in renewals will be given to existing licensees, if
all other factors remain equal.
[Amended 5-20-2014 by Ord. No. 1128]
A.
Vendor's licenses, if granted by the Facilities and Grounds Director,
may be subject to conditions, including but not necessarily limited
to a requirement that the licensee must move its operation to a new
location of the Facilities and Grounds Director's choosing if the
licensee is so notified. Possible reasons for requiring a change in
location may include but not necessarily be limited to park maintenance,
making it necessary that the operation move to a new location, or
safety concerns, necessitating that the operation move for the safety
of the public.
[Amended 8-3-2021 by Ord. No. 1226]
B.
If the licensee is so notified to move the operation, a reasonable
period of time to move the operation may be granted by the Facilities
and Grounds Director, with such time not to exceed 24 hours, unless
for good cause shown the time period may be extended by the Facilities
and Grounds Director.
[Amended 8-3-2021 by Ord. No. 1226]
C.
The licensee shall also be deemed to be bound by all park rules and
applicable ordinances as fully as though the same were inserted in
writing in said license. The licensee shall also be prohibited from
selling merchandise within any public right-of-way, which shall include
public streets, tree lawns, sidewalks or parking lots.
D.
To allow for park maintenance, vendors are prohibited from operating
in the parks on Tuesdays, Thursdays, and Saturdays between May 1 and
November 1.
E.
Vendors operating under a vendor's license in Commons Park may not
operate on Wednesdays between May 1 and November 1, but they are encouraged
to apply with the Lake Mills Main Street Program to become authorized
to vend during the Farmers' Market held on Wednesdays.
F.
Vendors are prohibited from operating in any park during previously
scheduled events in that park. Vendors are encouraged to contact the
Facilities and Grounds Director to verify whether an authorized event
has been scheduled.
[Amended 8-3-2021 by Ord. No. 1226]
[Amended 8-3-2021 by Ord. No. 1226]
Failure to comply with the conditions of the license shall be
deemed to be grounds to revoke the license. The Facilities and Grounds
Director is authorized to revoke any license for violation of the
license conditions or any other applicable ordinance or park rule.
Anyone aggrieved by the decision to revoke the license may appeal
in writing within five days for a hearing before the City Manager
on the issue of license revocation.
Any person, corporation, group, club or association violating
any provision of this chapter may be subject to a citation issued
by the Lake Mills Police Department that has a penalty of not less
than $50, plus costs, for each offense. A separate offense shall be
deemed committed on each day during or on which a violation occurs
or continues.
