City of Franklin, WI Chapter 169 Licenses and Permits

[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Secs. 13.25 and 13.30 of the 1997 Code. Amendments noted where applicable.]

§ 169-1 Licenses required.

A license or permit fee shall be required for the sale of each of the following or the conduct of the following businesses or activities at the specified license fee. A license or permit fee shall be for one year unless otherwise indicated. The permit fees for Class A and Class B fermented malt beverage licenses, Class A and Class B intoxicating liquor licenses and Class C retail wine licenses shall be prorated on the basis of the number of months remaining in the license year. Where no fee is indicated, check the indicated section of this Code for specific fees. Where the indicated section has a stated fee that conflicts with the fee indicated below, this section shall prevail.

Section	Activity		Fee
158-3A	Fermented Malt Beverages
	Class A retail		$100.00
158-3B	Class B retail		$100.00
158-3C	Wholesaler		$25.00
158-3D	Special one-day picnic		$10.00
158-3E [Amended 2-25-2002 by Ord. No. 2002-1704]	Liquor License
	Class A retail		$500.00
158-3F [Amended 2-25-2002 by Ord. No. 2002-1704]	Class B retail		$500.00
	Publication for new license year		$10.00
	Publication during license year		$15.00
158-3G [Added 12-15- 1998 by Ord. No. 98-1526]	Country club license		$250.00
158-3H [Amended 3-21-2000 by Ord. No. 2000-1596]	Operator's license		$40.00
		Provisional operator's license	$15.00
		Change of agent	$10.00
158-3I [Added 12-15- 1998 by Ord. No. 98-1526]	Class B picnic retail wine license		$10 per day
158-3J	Class C retail wine license		$100.00
158-3K [Added 5-6-2003 by Ord. No. 2003-1748]	Initial Reserve Class B license		$10,000.00
158-4 [Added 6-1-2010 by Ord. No. 2010-2002]	Change of alcohol beverage licensed premises description		$25.00
214-1A	Soft Drinks
	Nonintoxicating beverages		$5.00
214-1B	Soda water license		$5.00
121-1	Entertainment and amusement		$100.00
121-1	Circuses, menageries and carnivals		$150.00
121-1	Dance hall		$100.00
121-1 [Amended 6-30-1999 by Ord. No. 99-1563]	Drive-in movie theater (renewal license fee to be reduced by 5/6 of the license fee paid upon a new license granted 60 days prior to such renewal license term)		$250.00 plus $1.50 per stall
121-1	Bowling and pool halls		$125.00 plus $10 per alley
121-1	Auto race tracks and drag strips		$1,200.00
121-1	High slides		$100.00 plus $35 per slide
121-9	Temporary entertainment and amusement		$25.00 per day
121-9	Tavern dance, second permit and thereafter		$35.00
142-4	Go-carts, go-cart tracks, minibikes, minibike tracks		$300.00
121-13B	Amusement Devices
	Operator's license (lessor)		$150.00
121-14A[1]	Registration of		$30.00 per device
237-8 [Amended 2-25-2002 by Ord. No. 2002-1704; 5-18-2010 by Ord. No. 2010-2000; 6-7-2022 by Ord. No. 2022-2513; 6-27-2023 by Ord. No. 2023-2544]	Transient merchant's license (principal, whether individual or organization)		$60.00 per license year
	Transient merchant's license (agent or employee and only available concurrent with or subsequent to the issuance of a license to the principal organization)		$10.00 per sales day per each agent or employee, not to exceed $100 per agent or employee per license year
	St. Martins Labor Day Fair 30 feet license endorsement (Principal only)		$120.00
	St. Martins Labor Day Fair 15 feet license endorsement (Principal only)		$30.00
	Issuance of transient merchant's license after 5:00 p.m. on Thursday preceding Labor Day for St. Martins Labor Day Fair (additional)		$100.00
	Duplicate		$10.00
87-4	Bicycle registration		$2.50
87-6	After warning		$5.00
162-5	Junk dealer		$700.00
174-3C(3)	Mobile home sales		$100.00
174-5	Mobile home park		$100.00 per 50 spaces or fraction thereof
80-5A [Amended 10-5-2004 by Ord. No. 2004-1817; 11-18-2008 by Ord. No. 2008-1959[2]]	Dog, cat and tiny horse licenses Dog, cat and tiny horse licenses if 5 months of age after July 1 of license year Dog, cat and tiny horse licenses late fee		$24.00/$12.00 $12.00/$6.00 $12.00/$6.00
80-13B(4)	Special permit; up to 10 dogs		$50.00
80-17 [Amended 12-15-1998 by Ord. No. 98-1526]	Animal fanciers permit fee		$15.00/7.50 $50.00
80-20 [Added 12-15-1998 by Ord. No. 98-1526]	Dog kennels		$35.00; additional $3.00 for each day over 12
83-2C	Assemblages		$100.00 per day
199-3B	Riding academies		$150.00
107-3	Day-care nursery		$100.00
99-1	Christmas tree sales		$35.00
99-2	Deposit to guarantee removal		$100.00[3]
102-1B [Amended 11-2-1998 by Ord. No. 98-1514]	Cigarettes		$100.00
76-5A [Added 12-15-1998 by Ord. No. 98-1526]	Alarm systems application fee for fire alarm systems		$180.00
76-5A	Annual fee for users of fire and police alarms		$25.00
76-5B	Other alarm systems, initial fee		$5.00
218-16A	Solid waste and garbage disposal		$1,000.00
114-5	Dry-cleaning machines		$10.00 per unit
232-4A	Taxicabs		$50.00 plus $25 per cab
232-10B	Taxicab driver's permit		$25.00
158-3G	Country club license		$250.00
26-6 [Added 12-3-2002 by Ord. No. 2002-1736]	Weights and measures license fee		$20.00
Ch. 138	Health Department [Amended 12-1-1998 by Ord. No. 98-1521; 12-15-1998 by Ord. No. 98-1526; 2-3-2009 by Ord. No. 2009-166; 4-7-2009 by Ord. No. 2009-1969; 11-18-2014 by Ord. No. 2014-2154; 6-6-2017 by Ord. No. 2017-2275; 4-2-2018 by Ord. No. 2018-2320; 1-21-2020 by Ord. No. 2020-2411; 6-15-2021 by Ord. No. 2021-2468; 2-15-2022 by Ord. No. 2022-2499]
	Retail food establishment not serving meals license fees (includes mobile retail food establishment not serving meals)
		Complex	$1,514.50
		Moderate	$733.50
		Simple TCS (final product TCS)	$503
		Simple non-TCS (final product non-TCS)	$256
		Prepackaged	$219.50
		Micro market, single location	$44
		Micro market, multiple locations	$66
	Retail food establishment not serving meals preinspection fees (includes mobile retail food establishment not serving meals)
		Complex	$460
		Moderate	$225
		Simple TCS (final product TCS)	$160
		Simple non-TCS (final product non-TCS)	$130
		Prepackaged	$90
	Retail food establishment not serving meals reinspection fees (includes mobile retail food establishment not serving meals
		Complex	$280
		Moderate	$230
		Simple TCS (final product TCS)	$180
		Simple non-TCS (final product non-TCS)	$155
		Prepackaged	$105
	Retail food establishment serving meals/mobile retail food establishment serving meals license fees
		Prepackaged	$315.50
		Simple	$460
		Moderate	$505
		Complex	$711
	Retail food establishment serving meals/mobile retail food establishment serving meals preinspection fees
		Prepackaged	$130
		Simple	$165
		Moderate	$265
		Complex	$365
	Retail food establishment serving meals/mobile retail food establishment serving meals reinspection fees
		Prepackaged	$155
		Simple	$180
		Moderate	$230
		Complex	$280
	Retail food establishment serving meals and not serving meals miscellaneous licenses and services fees
		Operating without a license	$749
		Operating without a certified food manager	$150
		Late license application	$100
		Duplicate license	$20
	Mobile and transient retail food establishment licenses or fees
		Transient retail food establishment license fee	$170
		St. Martin's Fair Inspection Fee -RFE not serving meals	$40
		St. Martin's Fair Inspection Fee -RFE serving meals	$75
		Mobile retail food establishment not serving meals inspection fee	$30
		Mobile retail food establishment serving meals inspection fee	$50
		Transient retail food establishment inspection fee	$50
		Late application fee	$100
	School kitchen/Department of Public Instruction inspection fees
		Production kitchen site	$579
		Satellite kitchen site	$243
	Swimming pool license and fees
		Swimming pool license	$465
		Swimming pool preinspection	$165
		Swimming pool reinspection	$155
		Swimming pool late application	$100
		Swimming pool duplicate license	$20
		Operating without a license	$749
	Lodging establishment license fees
		Tourist rooming house license	$165
		Tourist rooming house preinspection	$75
		Bed-and-breakfast license	$195
		Bed-and-breakfast preinspection	$75
		Hotel/motel base license (5 to 30 rooms)	$404
		Hotel/motel base license (31 to 99 rooms)	$558
		Hotel/motel base license (100 to 199 rooms)	$738
		Hotel/motel base license (200 + rooms)	$900
		Hotel/motel preinspection	$395
		Hotel/motel reinspection	$260
		Educational campground license	$200
		Educational campground preinspection	$85
		Temporary campground license	$200
		Temporary campground preinspection	$85
		Late application	$100
		Duplicate license	$20
		Operating without a license	$749
	Plan review
		Plan review - new construction
		RFE serving meals - complex	$360
		RFE serving meals - moderate	$240
		RFE serving meals - simple	$100
		RFE serving meals - prepackaged	$60
		RFE not serving meals - complex	$375
		RFE not serving meals - moderate	$190
		RFE not serving meals - simple TCS	$125
		RFE not serving meals - simple non-TCS	$90
		RFE not serving meals - prepackaged	$45
		Hotel/motel	$125
		Temporary rooming house	$50
		Bed-and-breakfast	$108
		Plan review - remodel
		RFE serving meals - complex	$225
		RFE serving meals - moderate	$158
		RFE serving meals - simple	$62
		RFE serving meals - prepackaged	$45
		RFE not serving meals - complex	$198
		RFE not serving meals - moderate	$110
		RFE not serving meals - simple TCS	$82
		RFE not serving meals - simple non-TCS	$74
		RFE not serving meals - prepackaged	$45
		Hotel/motel	$125
		Temporary rooming house	$50
		Bed-and-breakfast	$108
226-7A	Tattoo establishment		$200
226-7B	Body piercing establishment		$200
226-7C	Combination tattoo and body piercing establishment		$250
226-7D	Tattoo, body piercing or tattoo/body piercing establishment preinspection		$100
226-12C	Tattoo, body piercing or tattoo/body piercing establishment renewal		$200

[1] Editor's Note: Fees for Original Section 13.06(6), pertaining to peddlers, which immediately followed this entry, were deleted 12-15-1998 by Ord. No. 98-1526.

[2] Editor's Note: This ordinance also provided that it shall take effect 1-1-2009.

[3] Editor’s Note: The entries for Ch. 203, as amended, and § 203-2A(2) and (3), which immediately followed, were repealed 6-4-2019 by Ord. No. 2019-2380.

§ 169-2 Compliance; denial of application; suspension or revocation.

A. No license or permit authorized or required by this Code shall be issued or renewed unless the applicant has no outstanding and unpaid personal property taxes, charges, assessments or forfeitures owed to the City.

B. No license or permit authorized or required by this Code shall be issued or renewed unless the premises and use of the premises where the license or permit will be used, if any, complies with Chapter 118, Electrical Standards, Chapter 190, Plumbing Standards, Chapter 133, Fire Prevention, and Chapter 92, Building Construction, of this Code, and the City's Unified Development Ordinance.

[Amended 4-9-2003 by Ord. No. 2003-1747]

C. Excepting where more specifically provided for any particular license within the Municipal Code or Wisconsin Statutes and then in addition to such particular license provisions if not in conflict, the Common Council may deny or conditionally approve any application for a license available under the Municipal Code, or suspend or revoke an existing license where the Common Council, either by itself or upon recommendation of the License Committee, has determined that:

[Added 6-30-1999 by Ord. No. 99-1564]

(1) The application is incomplete, incorrect or contains false or misleading statements either in the written submission or made orally to City staff, members of the Licensing Committee or the Common Council.

[Amended 8-21-2007 by Ord. No. 2007-1922]

(2) The applicant or the premises supporting the licensed activity are not in compliance with all applicable statutes, ordinances, governmental codes, rules, orders or license terms.

(3) The applicant, operations on the premises or the premises supporting the licensed activity failed to comply with all applicable statutes, ordinances, governmental codes, rules, orders or license terms under a City license prior to the filing of the subject application.

(4) There exist any unpaid general property taxes or interest or penalties thereon, special assessments or special charges due to the City, applicable to any premises to be licensed, then due and owing as provided by law.

(5) The applicant, operations on the premises or the premises supporting the licensed activity, during licensed activities, caused or were the subject of violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct tending to cause or provoke a disturbance or an unreasonable activity interfering substantially with the comfortable enjoyment of life, health, safety of those in attendance at the licensed activity, surrounding neighbors or the community.

(6) The applicant has an arrest or conviction record, subject to §§ 111.321, 111.322, 111.335, Wis. Stats., describing conduct substantially related to the licensed activity.

(7) The applicant has habitually been a law offender or has been convicted of a felony, unless the person has been duly pardoned.

(8) The individual applicant is not an adult or the corporate or other legal business entity applicant is not in good standing or otherwise properly licensed, formed, registered or reporting as required by the laws of the State of Wisconsin.

(9) The applicant or the premises owned or controlled by the applicant under a license issued by the City or other jurisdiction for licensed activities similar to those applied for were the subject of a license revocation during the five years prior to the filing of the subject application.

D. If the Common Council decides not to issue a new license for any license available under the Municipal Code, it shall notify the applicant for the new license of the decision not to issue the license. The notice shall be in writing and state the reasons for the decision.

[Added 6-30-1999 by Ord. No. 99-1564]

E. Except for alcohol beverage licenses and where more specifically provided for any particular license within the Municipal Code or Wisconsin Statutes and then in addition to such particular license provisions if not in conflict, the Common Council may refuse to renew or may suspend or revoke an existing license as follows:

[Added 6-30-1999 by Ord. No. 99-1564]

(1) The Common Council or License Committee shall notify the applicant or existing licensee in writing of the City's intent not to renew or to suspend or revoke the license and provide the applicant or existing licensee with an opportunity for a hearing.

(2) The notice shall state the reasons for the intended action and shall be mailed to the applicant or existing licensee at least five days prior to the time set for hearing.

(3) The hearing may be held either before the License Committee or the Common Council; if held before the License Committee, the Common Council may act upon its recommendation.

(4) If the applicant or licensee fails to appear at the hearing, the License Committee may recommend and the Common Council may determine that the application be denied or the license be suspended or revoked for the reasons set forth in the notice.

(5) If the applicant or licensee appears, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel.

(6) The City Clerk shall give written notice by mail of any decision to not renew or to suspend or revoke a license to the applicant or licensee, respectively. Such notice shall set forth the reasons for such action.

(7) When a renewal application is denied or a license revoked, the subject license shall not be granted to such applicant or licensee within 12 months of the date of such denial or revocation. No part of any license fee paid for a license so revoked may be refunded.

F. An applicant who has been denied a renewal license or a licensee whose license has been suspended or revoked may appeal the denial, suspension or revocation to the Municipal Court Judge, provided that such appeal is made within five days of the date of notice of the denial, suspension or revocation. Such written appeal shall specify the reasons the denial, suspension or revocation was improper. The Municipal Court Judge shall either affirm or reverse the action of the Common Council. Such determination by the Municipal Court Judge shall constitute final action. The review by the Municipal Court Judge shall be upon the record of the proceedings before the License Committee and/or Common Council. The Municipal Court Judge shall issue the decision in writing, specifying the reasons therefor.

[Added 6-30-1999 by Ord. No. 99-1564]

G. Any denial of an application or license suspension or revocation action under this section may be in addition to and shall not bar or prevent by way of election any other enforcement action by the City to obtain compliance with the Municipal Code, including, but not limited to, forfeiture actions pursuant to § 1-19 of this Code or other forfeiture action or any other legal or equitable action commenced in any court of competent jurisdiction to obtain compliance with the Municipal Code.

[Added 6-30-1999 by Ord. No. 99-1564]

§ 169-3 (Reserved) [1]

[1] Editor's Note: Former § 169-3, Grants for certain Reserve Class B liquor licenses, was repealed 6-28-2016 by Ord. No. 2016-2225.

§ 169-4 People Uniting for the Betterment of Life and Investment in the Community (PUBLIC) Grant Program.

[Added 10-21-2008 by Ord. No. 2008-1957]

The Mayor and Common Council recognize the importance of providing City support for community events, projects and gatherings, which in turn support and promote the public purposes of improving the general quality of life, economic growth, increased tourism, recreation, recognition of fine arts, charitable aid and many others that are both tangible and intangible, in order to make the City of Franklin a better place in which to live and work. In furtherance of that recognition, the Common Council has adopted this People Uniting for the Betterment of Life and Investment in the Community (PUBLIC) Grant Program. Such Program shall be administered by the PUBLIC Grant Program document dated October 2008, incorporated herein by reference,[1] as it may be amended from time to time as the Common Council may ordain, and provides for the grant of licenses, permits and uses upon certain terms and conditions without the payment of a fee therefor as may be otherwise specified under this Code.

[1] Editor's Note: Said document is on file in the City offices.

§ 169-5 Certified massage therapists and bodyworkers.

[Added 11-18-2014 by Ord. No. 2014-2156]

A. Display of certificate. Massage therapists and bodyworkers certified by the State of Wisconsin must display a certification in a conspicuous space within the massage business so that the same may be readily seen by persons entering the premises. Every massage therapist performing off-site massage therapy shall carry his or her certificate issued by the State of Wisconsin with him or her.

B. Inspection. As a condition of the certificate, the person holding the certificate must permit City employees, without notice, to inspect the premises at any time during business hours.

C. Penalties. Any person who violates any provision of this section shall, upon conviction, be subject to a forfeiture of not less than $100 and not more than $1,000.