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