[HISTORY: Adopted by the Board of Supervisors of Oneida County.
Amendments noted where applicable.]
A license shall be required for each of the following businesses
or activities at the indicated license fee, which shall be for one
year unless otherwise indicated:
(1)
Licenses or Permits Required. No person shall engage in any trade,
profession, business or activity in the County for which a license
or permit is required by any provision of this Code without first
obtaining such license or permit from the County in the manner provided
in this section, unless otherwise specifically provided.
(2)
Application. Unless otherwise provided, application for a license
or permit shall be made in writing to the County Clerk upon forms
provided by the County and applicant shall state the location of the
proposed activity and such other facts as may be required for or be
applicable to the granting of such license or permit.
(3)
Payment of Fee. The fees required for any license or permit shall
be paid at the office of the County Clerk before the granting of the
license or permit. No fee paid shall be refunded unless the license
or permit is denied.
(4)
Bond and Insurance. Unless otherwise provided, all required bonds
shall be executed by two sureties or a surety company and be subject
to the approval of the County Board. Where policies of insurance are
required, such policies shall be approved as to substance and form
by the District Attorney. Satisfactory evidence of coverage by bond
or insurance shall be filed with the County before the license or
permit is issued.
[Amended by Ord. No. 28-95]
(5)
Approval or Denial of Licenses. Where the approval of any County
or State officer is required prior to the issuance of any license
or permit, such approval shall be presented to the County before any
license or permit is issued.
(6)
Certificate. Licenses or permit certificates shall show the name
of the licensee or permittee, the date of issue, the activity licensed
and the term of the license or permit. The Clerk shall keep a record
of all licenses and permits issued.
(7)
Terms.
(a)
Unless otherwise provided, the license year shall end on June
30 of each year.
(b)
Where the issuance of licenses for a period of less than one
year is permitted, the effective date of such license shall commence
with the date of issuance.
(c)
Permits shall be issued for the term set forth in the permit.
(8)
Exhibition of Certificate. Every licensee or permittee shall carry
his license or permit certificate upon his person at all times when
engaged in the activity for which the license or permit was granted,
except that where such activity is conducted at a fixed place or establishment,
the license or permit certificate shall be exhibited at all times
in some conspicuous place in his place of business. The licensee or
permittee shall exhibit the license certificate when applying for
a renewal and upon demand of any law enforcement officer or person
representing the issuing authority.
(9)
Transfer. Unless otherwise provided, no license or permit shall be
transferable or assignable.
(10)
Inspection. County officials may enter upon the premises where any
licensed or permitted activity is being conducted for the purpose
of inspection at any reasonable time.
(11)
Revocation and Suspension of Licenses.
(a)
Except as otherwise provided, any license issued under this
chapter may be revoked for cause by the County Board. No license shall
be revoked except upon written verified complaint filed with the County
Board by the Chairman, a member of the County Board, the Sheriff or
a resident of the County. The licensee shall be served with a written
copy of the charges and shall be given an opportunity to be heard
before the County Board. The licensee shall be given notice of such
hearing, which shall be not more than 20 nor less than five days after
notice, except as otherwise agreed between the parties.
(b)
At such hearing, the licensee shall be entitled to be represented
by counsel, shall have the right to present and cross-examine witnesses
and, upon request, may have subpoenas issued by the County Board Chairman
or presiding officer of the Board to compel the attendance of witnesses.
(c)
After hearing the evidence, the Board may revoke such license
or impose a limited period of suspension. The determination of the
County Board shall be final, subject to review under Ch. 68, Wis.
Stats.
(d)
The Sheriff's Department shall repossess any license revoked
hereunder.
(e)
If the licensee does not apply for a hearing within the time
provided, the license may be revoked by the County Board.
[Amended by Ord. No. 28-95]
(1)
Motor Vehicle Yards. No building or premises in the County shall
hereafter be used for the business of wrecking motor vehicles or the
conduct of motor vehicle junking, except those already in use or operation,
without approval of the location thereof and obtaining a license therefor
as herein provided.
(2)
Junkyards. No junkyard or salvage depot shall be created or used
as such in the County, except those already in use or operation, without
approval of the location thereof and obtaining a license therefor
as herein provided.
(3)
Administration. The County Highway Committee shall administer the
provisions of this section and shall issue such licenses [as] herein
provided, except no such license shall be issued by such Committee
without prior approval in writing of the town board or boards of the
town or towns affected hereby. No fee shall be charged for any license
issued hereunder.
[Amended by Ord. No. 28-95; Ord. No. 108-2006; Ord. No. 90-2010]
(1)
Intent.
(a)
The purpose of this ordinance is to regulate the assemblage
of large numbers of people, in excess of those normally needing the
health, sanitary, fire, police, transportation and utility services
regularly provided in this County, in order that the public peace
and good order, the health, safety and welfare of all persons in this
County, residents and visitors alike, may be protected.
(b)
It is the intent of the Oneida County Board of Supervisors that
all sections and provisions of this ordinance have an independent
existence, and, should any section or provision be declared invalid
or unconstitutional by a court of competent jurisdiction, it is the
intent of the Board of Supervisors that any section or provision so
declared shall be severable from and shall not affect the validity
of the remainder of this ordinance.
(c)
This ordinance shall be effective in all unincorporated areas
of Oneida County. This ordinance shall not be effective in any incorporated
municipality of Oneida County unless the governing body of that incorporated
municipality passes an ordinance expressly authorizing the enforcement
of this chapter within its corporate boundaries, and forwards a copy
of said ordinance to the Oneida County Clerk.
(2)
License Required.
(a)
No person shall permit, maintain, conduct, undertake or manage
an actual or reasonably anticipated assembly of 1,000 or more people
which continues or can reasonably be expected to continue for eight
or more consecutive hours, of 5,000 persons for four or more consecutive
hours, or 10,000 or more persons for one or more consecutive hours,
with or without an admission fee, whether on public or private property,
unless a license to hold the assembly has first been issued by the
governing body of this County as hereinafter provided; application
for which must be made at least 30 days in advance of the assembly.
A license to hold an assembly issued to one person shall permit any
person to engage in any lawful activity in connection with the holding
of the licensed assembly. Any person receiving a license under this
ordinance shall, in preparation for, and while conducting the licensed
assembly, comply with all applicable federal, state, and local codes
of regulations, statutes, ordinances and other applicable laws. Such
entities shall also ensure that all of their officers, board members,
employees and agents shall comply with all such laws.
(b)
As used in this ordinance:
1.
PERSON — An individual natural human being, partnership,
corporation, firm, company, university, school, association, society
or group;
2.
ASSEMBLY — A company of persons gathered together at any
location at any single time for any purpose.
3.
LAW ENFORCEMENT OFFICIAL — The Oneida County Sheriff,
Deputy Sheriff or deputized local police officer, police officer of
another police or sheriff's department with jurisdiction or providing
mutual assistance under the law, the Oneida County Emergency Management
Director, Oneida County Clerk, Oneida County Department Director,
Oneida County Zoning Director, Oneida County Corporation Counsel,
Oneida County Solid Waste Administrator, any fire chief, assistant
fire chief or other fire department official of a jurisdiction in
which the assembly is being held, an employee of any department or
agency named above, and any other local, County, state or federal
employee whose responsibility it is to enforce public safety laws
or other laws within a jurisdiction within which the assembly is being
held.
4.
RESPONSIBLE PERSON — A natural person or persons, of at
least 18 years of age, designated by the applicant, at least one of
whom shall be at the assembly at all times during the assembly, and
each of whom shall severally have authority to make decisions and
to commit necessary financial resources as reasonably required by
the County to ensure compliance with this ordinance, accept notices,
summonses and other legal process issued with respect to violations
of statutes, ordinances, regulations and other laws.
(c)
A separate license shall be required for each event and each
location in which an assembly of the size and duration regulated by
this ordinance is held; the fee for each license shall be $100.
(d)
A license shall permit the assembly of only the maximum number
of people stated in the license. The licensee shall not sell tickets
to nor permit to assemble at the licensed location more than the maximum
permissible number of people.
(e)
The license shall not permit the sound of the assembly to carry
unreasonably beyond the enclosed boundaries of the location of the
assembly.
(f)
The license shall not permit cinders, noxious odors, fumes or
gases to unreasonably emanate beyond the property line of the assembly.
(g)
This ordinance shall not apply to any regularly established,
permanent place of worship, stadium, athletic field, arena, auditorium,
coliseum, or other similar permanently established place of assembly
for assemblies which do not exceed by more than 250 people the maximum
seating capacity of the structure where the assembly is held.
(h)
This ordinance shall not apply to government financially sponsored
fairs such as are held on regularly established fairgrounds nor to
assemblies required to be licensed by other ordinances and regulations
of this County.
(i)
An applicant shall execute and file with the County Clerk's
Office:
1.
An agreement which shall indemnify and hold harmless this County
or any of its agents, officers, officials, servants and employees
from any liability or causes of action which might arise by reason
of granting this license;
2.
Certificates of insurance issued by insurance companies licensed
to transact business with the State of Wisconsin providing that the
applicant and the assembly are covered by a comprehensive general
liability policy providing a minimum coverage of $2,000,000 aggregate
coverage; fire legal liability policy in the amount of $2,000,000;
and worker's compensation insurance as required by Wisconsin
law.
(3)
Conditions for Issuing. Before a license may be issued pursuant to
this ordinance, the applicant shall first demonstrate compliance with
the following requirements:
(a)
Indicate
the maximum number of people which will be assembled or admitted to
the location of the assembly, provided that the maximum number shall
not exceed the maximum number which can reasonably assemble at the
location of the assembly in consideration of the nature of the assembly
and provided that, where the assembly is to continue overnight, the
maximum number shall not be more than is allowed to sleep within the
boundaries of the location of the assembly by the zoning or health
ordinances of this County.
(b)
Provide
proof that the applicant will furnish at his/her own expense before
the assembly commences:
1.
A
fence or other easily recognizable boundary marking system that completely
encloses the proposed location; a fence may be required by the Large
Assembly Committee if it is reasonably determined to be necessary
to protect the health, safety and welfare of the attendees, the community,
and/or neighboring property owners;
2.
Potable
water, meeting the purity and safety standards of Wisconsin Admin.
Code ch. NR 809, for safe drinking water of less than the maximum
contaminant level goals as set forth therein, sufficient to provide
safe drinking water for the maximum number of people to be assembled;
3.
Separate
enclosed toilets for males and females, meeting all state and local
specifications, in numbers sufficient to comply with the requirements
of Table 55.32, Wisconsin Admin. Code ch. COMM 55, conveniently located
throughout the grounds, together with an efficient, sanitary means
of disposing of waste matter deposited; a supply of running water
and a continuous supply of soap, or other type of hand-washing station
that is reasonably effective and sanitary, and paper towels shall
be provided with each toileting area;
4.
A
reasonable, sanitary and legal means of disposing of wastewater from
any portable water stations, portable washing stations and showers,
with such wastewater to be stored in containers of sufficient size
that they need not be emptied more often than once every 24 hours,
with no such wastewater to be stored in uncovered containers, or to
be stored in containers comprised of materials that are not reasonably
durable and reasonably capable of resisting cutting, puncturing, rupturing
and leaking
5.
A
sanitary method of disposing of solid waste, in compliance with state
and local laws and regulations, sufficient to dispose of the solid
waste production of the maximum number of people to be assembled at
the rate of at least 2.5 lbs. of solid waste per person per day, together
with a plan for holding and a plan for collecting all such waste at
least once each day of the assembly and sufficient trash cans with
tight-fitting lids and personnel to perform the task;
6.
An
emergency medical station capable of providing emergency treatment
and first aid to the assemblage. Such station shall be staffed with
personnel trained to, at minimum, the proficiency of a Wisconsin Certified
Emergency Medical Technician (CEMT), at a level of two staff persons
for an assembly of up to 5,000 persons expected to assemble, and an
additional staff person for each additional 2,500 people or portion
thereof expected to assemble, and at least one emergency ambulance
on site at all times whenever 10,000 or more people are assembled.
The applicant shall also have a demonstrated means of contacting local
emergency service providers in the event of an emergency that exceeds
the capabilities of the on-site medical station;
7.
If
the assembly is to continue during hours of darkness, illumination
sufficient to light the main activity area of the assembly, toileting
and washing areas, and areas of ingress, egress and parking at levels
sufficient to ensure safety but not to shine unreasonably beyond the
boundaries of the location of the assembly.
8.
Reasonable
parking for vehicles with space sufficient to provide parking space
for the maximum number of people to be assembled at the rate of at
least one parking space for every four persons.
9.
A
minimum of either one hard-wired telephone line that shall be operational
during the entire period that the event is being held or, in the alternative,
the applicant may represent in writing that the applicant will have
two or more cellular phones that have been tested and found to function
in the area and that will be in constant operation the entire period
the event is held. The applicant shall include this phone number or
numbers in the application. Additional wireless communications devices
may be used as necessary to ensure that the event operators can contact
emergency services at all times;
10.
If the assembly is to continue overnight, camping facilities in compliance
with all state and local requirements as set forth in the Wisconsin
Admin. Code and ordinances of this County, sufficient to provide camping
accommodations for the maximum number of people camping;
11.
Security guards sufficient to provide adequate security for the maximum
number of people to be assembled. A primary security officer who is
a licensed security officer in the State of Wisconsin, or has other
similar credentials, shall be designated, whose name, address and
telephone number shall be provided to local law enforcement. As a
condition of the license, local law enforcement officials shall be
granted access to the site to ensure public safety;
12.
Fire protection, including, but not limited to, alarms, extinguishing
devices and fire lanes and escapes sufficient to meet all state and
local standards for the location of the assembly as set forth in the
Wisconsin Admin. Code, ordinances of the County, and any other applicable
law;
13.
All reasonable necessary precautions to ensure that the sound of
the assembly will not unreasonably carry beyond the boundaries of
the location of the assembly; and that the use of sound amplification
devices shall be prohibited and shall not be used between the hours
of 12:00 midnight and 8:00 a.m., except in emergency situations which
otherwise require such use;
(4)
Application.
(a)
Application for a license to hold an actual or anticipated assembly
of 1,000 or more persons shall be made in writing, on the County's
approved application form, to the County Clerk of this County at least
30 days in advance of such assembly. Within three business days after
receipt of any application, the County Clerk shall send a copy of
such application and the time, date and place of their meeting at
which the application shall be considered to the chair of the town
in which the proposed assembly will be held, and to each agency listed
under the definition of law enforcement official herein. The clerk
shall also notify the applicant of the date, time, and location of
the meeting at which the Large Assembly Committee will consider the
application. Failure to provide a copy of the application, or notice
to the town chair or any law enforcement official as required herein
shall not preclude issuance of a license to an applicant.
(b)
The application shall contain a statement made upon oath or
affirmation that the statements contained therein are true and correct
to the best knowledge of the applicant and shall be signed and sworn
to or affirmed by the individual making application in the case of
an individual natural human being, by all officers in the case of
a corporation, by all partners in the case of a partnership or by
all officers of any unincorporated association, society or group or,
if there be no officers, by all members of such association, society
or group.
(c)
The application shall contain and disclose:
1.
The name, residential and mailing addresses of all persons required
by this ordinance to sign the application and, in the case of a corporation,
a certified copy of the articles of incorporation together with the
name, residence and mailing address of the primary officers of said
corporation, and the name, residential and mailing addresses and telephone
numbers of each responsible person as that term is defined herein;
2.
The address and legal description of all property upon which
the assembly is to be held together with the name, residence and mailing
address of the record owner(s) of all such property;
3.
Proof of ownership of all property upon which the assembly is
to be held, or a valid, written lease executed by the property owner,
and a statement made upon oath or affirmation by the record owner(s)
of all such property that the applicant has permission to use such
property for an assembly of 1,000 or more persons. If the property
is owned by a corporation, proof that the person purporting to act
for the corporation has actual authority of the shareholders of said
corporation to authorize the use of the corporate real estate for
the proposed purpose;
4.
The nature or purpose of the assembly;
5.
The total number of days and/or hours during which the assembly
is to last;
6.
The maximum number of persons which the applicant shall permit
to assemble at any time, not to exceed the maximum number which can
reasonably assemble at the location of the assembly, in consideration
of the nature of the assembly, or the maximum number of persons allowed
to sleep within the boundaries of the location of the assembly by
the zoning ordinances of the County if the assembly is to continue
overnight;
7.
The maximum number of tickets to be sold, if any;
8.
The plans of the applicant to limit the maximum number of people
permitted to assemble;
9.
The plans, including an accurate description of the means to
be used, for marking the boundaries of the location of the assembly;
10.
The plans for supplying potable water, including the source,
amount available and location of outlets;
11.
The plans for providing toilet and lavatory facilities, including
the source, number and location, type, and the means of disposing
of waste deposited;
12.
The plans to provide for medical services and on-site first
aid, to include the names and hours of availability of the medical
support personnel and provisions for contacting emergency medical
service;
13.
The plans, if any, to illuminate the location of the assembly
as required by this ordinance;
14.
The plans for parking vehicles, including size and location
of lots, how traffic flow and traffic control is to be maintained,
points of highway access and interior roads, including routes between
highway access and parking lots;
15.
The plans for telephone service including the source, number
and location of the hard-wired telephone;
16.
The plans for camping facilities, if any, including facilities
available and their location;
17.
The plans for security, including the number of guards and the
name, address and telephone number of the primary security officer,
along with certification that such information has been provided to
local law enforcement agencies;
18.
The plans for fire and severe weather protection and emergency
response, including on-site capabilities to respond to fire or severe
weather emergencies;
19.
The plans for sound control and sound amplification, if any;
20.
The plans for the sale, preparation and distribution of food
and beverages, including a statement as to whether alcohol will be
allowed and/or served, and whether it will be sold or given away,
and the method of disposal of solid waste, including, but not limited
to, recyclables, garbage, trash, rubbish or other refuse accumulated
as a result of such activities. If any person other than the person
applying for the permit shall engage in the sale of food or beverages,
the names, addresses, and license or permit number of such persons
shall be included on the application. If such information is not known
at the time of the application, a list shall be provided at least
15 days prior to the start of the assembly. All recyclables, garbage,
trash rubbish and other refuse shall be stored in securely-covered
containers until removed from the assembly area. Such containers shall
be maintained in a sanitary condition, shall not be over-filled, and
shall be emptied at least once daily. Nothing herein shall be deemed
to guarantee the issuance of any alcohol beverage license or be deemed
to be a waiver of any requirement for such license under any ordinance
or other law.
21.
If any tattooing or body piercing shall take place at the assembly,
the plans to ensure that such practices are done in a safe and sanitary
way, and in structures which have walls, ceilings and floors which
are not composed of fabric, vinyl, or any other easily pliable material
that is not durable, easily cleanable and which are such that there
are no unreasonable openings to the outdoors which would allow the
entry of dust, airborne contaminants, insects or other pests. Any
such structures and artists shall also be licensed by the Oneida County
Health Department, unless the code providing for such licensure provides
an exception to the licensing requirement.
22.
A map of the location of the assembly, which may be handwritten
but must be legible. The map need not be precisely to scale but shall
be reasonably close to scale. The map shall include all of those of
the following things which will exist at the time of the assembly:
a.
Vehicular traffic routes.
b.
Fire lanes.
c.
Parking areas.
d.
Camping areas.
e.
Admissions areas.
f.
Stage/performance areas.
g.
Vendor areas.
h.
Seating areas.
i.
Office headquarters.
j.
Emergency/medical stations.
k.
Security/law enforcement areas.
l.
Structures.
m.
Sanitary facilities.
n.
Potable water locations.
o.
Any areas containing combustible or hazardous materials.
p.
Fencing including accesses and gates.
(d)
The application shall include: the above information in sufficient
detail to determine the applicant's compliance with the requirements
for issuance of a license hereunder.
(e)
Applicants applying for licenses for assemblies which are substantially
similar to licensed assemblies previously held by the same applicant
may attach a copy of the previous application, however, all differences
between the previous assembly and the assembly for which the application
is being made must be clearly described in writing in the application.
(5)
Issuance. The application for a license shall be processed within
20 days of receipt. The application shall be reviewed by the Public
Safety Committee, with the assistance of law enforcement officials,
to ensure compliance with this ordinance. The license shall be issued
by the County Clerk if all conditions are complied with as determined
by the Public Safety Committee.
[Amended by Ord. No. 55-2011]
(6)
Revocation. The license may be revoked by the governing body of Oneida
County, the Public Safety Committee, or any committee thereof designated
by the governing body to so act at any time if any of the conditions
necessary for the issuing of or contained in the license are not complied
with or if any condition previously met ceases to be complied with.
[Amended by Ord. No. 55-2011]
(7)
Enforcement.
(a)
The provisions of this ordinance may be enforced by injunction
of any court of competent jurisdiction and by citation issued by local
law enforcement officials or officers and/or by designated County
enforcement personnel.
(b)
The holding of an assembly in violation of any provision or
condition contained in this ordinance or any license issued hereunder
shall be deemed a public nuisance and may be abated as such.
(1)
TRANSIENT MERCHANT
Definition.
Is any peddler, canvasser or solicitor, whether principal,
agent or employee, who engages in, does or transacts any temporary
or transient business in the County, either in one location or by
moving his place of business from place to place in the County, selling
goods, wares or merchandise or solicits for such trade, and whether
or not for the purpose of carrying on such business, such person occupies,
leases, hires or uses a building, structure, vacant lot or railroad
car or other vehicle for the exhibition or sale of such goods, wares
and merchandise. The term shall include transient photographers.
(2)
Exemptions. No license shall be required hereunder of the following:
(a)
Persons selling personal property at wholesale to dealers in
such articles.
(b)
Newsboys.
(c)
Children under 18 years of age who are residents of the County.
(d)
Merchants or their employees delivering goods in the regular
course of business.
(e)
Farmers or truck gardeners offering to sell the products of
the farm or garden occupied and cultivated by them.
(f)
A veteran holding a special State license under § 440.51,
Wis. Stats., but he shall comply with Subsections (10), (11) and (12).
(g)
Any person soliciting for charitable, religious, patriotic or
philanthropic purposes where the proceeds thereof are devoted solely
to the purposes of the organization.
(h)
Sales required by State law or order of a court.
(i)
Bona fide auction sales conducted pursuant to law.
(j)
Any city or town within the County which has already enacted
its own ordinance restricting transient merchants.
(3)
Permits.
(a)
Permit Required. No transient merchant shall vend, sell or dispose
of, or offer to vend, sell or dispose of any goods, wares, merchandise
or produce at any place within the County without first obtaining
a permit therefor.
(b)
Application. Application for a license hereunder shall be on
a permit application form available from the County Clerk, and shall
state the nature of and the place where the applicant's business
is to be carried on, the length of time for which a permit is desired,
a general description of the things intended to be sold, disposed
of or contracted for, the name, date of birth and permanent address
of all the employees to be covered by such permit, the name and address
of the person he represents, and the place or places of residence
of the applicant for the two previous years. No permit shall be issued
hereunder until Subsection (5) has been complied with.
(4)
Investigation Fee. At the time of filing application, the applicant shall pay to the County Clerk an amount as provided in § 12.01 of this chapter for each person to be covered by the permit to cover the cost of investigation of the facts stated in the application. The application shall be sworn to by the applicant and filed with the Sheriff's Department, and shall contain such information as the Sheriff's Department shall require for the effective enforcement of this section and the safeguarding of the residents of the County from fraud, misconduct or abuse. Religious, charitable, patriotic or philanthropic agencies or their agents shall not be required to pay the investigation fee.
(5)
Investigation. The Sheriff shall investigate the applicant's
business and moral character as he deems necessary for the protection
of the public good, and shall endorse his approval or disapproval
upon such application within 96 hours after it has been filed with
him. In accordance with his findings, the Sheriff shall either issue
or deny the permit.
(6)
Bond. If the Sheriff determines from his investigation of such application that the interests of the County or its inhabitants, where this section is in effect, require protection against possible misconduct of the licensee, or that the applicant is otherwise qualified, but due to causes beyond his control is unable to supply all the information required by Subsection (3)(b), he may require the applicant to file with the County Clerk a bond in the amount of $250 with surety acceptable to the County Clerk, running to the County, conditioned that he shall fully comply with County ordinances and State laws and guaranteeing to any citizen of the County doing business with him that the property purchased shall be delivered according to the representations of the applicant, provided action to recover on any such bond shall be commenced within six months after the expiration of the license of the principal.
(7)
Issuance of Permits.
(a)
Information Contained. All permits shall be numbered in the
order in which they are issued and shall state clearly the place where
the business may be carried on, the kind of goods, wares and merchandise
to be sold, disposed of or contracted for, the date of issuance and
expiration of permit, the fee paid and the name and address of the
licensee and all employees covered by such permit, and the date of
expiration of permit.
(b)
Expiration. Such permit shall automatically expire on January
1 following the date of issuance of such permit.
(c)
Not Granted. No permit shall be granted to a person under 18
years and no applicant to whom a license has been refused or whose
permit has been revoked shall make further application until a period
of at least six months has elapsed since the last rejection or revocation,
unless he can show that the reason for such rejection or revocation
no longer exists.
(d)
Posting. Every permittee, while exercising his permit, shall
post his permit in a conspicuous place on the premises or carry it
on his person and shall exhibit the same upon demand of any officer,
customer or prospective vendee.
(e)
Not Assignable. A permit shall not be assignable and any holder
of such permit who allows it to be used by any other person shall
be guilty of a violation of this section.
(f)
Duplicate. Whenever a permit is lost or destroyed, a duplicate
thereof under the original application may be issued by the County
Clerk upon the filing by the permittee of an affidavit stating the
circumstances of the loss and what, if any, search has been made for
its recovery. A fee of $2 shall be charged for the duplicate.
(8)
Mutilation of Permit. On the expiration of the permit, the holder
shall surrender the same to the Sheriff. No person shall alter or
change in any manner any permit issued hereunder and such alteration
or the failure of the licensee to display the permit in a conspicuous
place on the premises or to exhibit the same upon demand of any officer,
customer or prospective vendee shall be cause for revocation of such
permit.
(9)
Revocation. The Sheriff may, at any time for a violation of this
section or other County ordinances or State law, revoke any permit
issued hereunder. When a permit is revoked, no refund of any unearned
portion of the permit fee shall be made. Written notice of such revocation
and the reasons therefor shall be immediately served personally upon
the person named in the application or by mailing the same to the
permittee at the address stated in the permit, and by filing a copy
of such notice with the County Clerk. Appeal from revocation shall
be to the County Board within 60 days of date of revocation.
(10)
Prepayments. All orders taken by a licensee hereunder who accepts
or receives payment or deposit of money in advance of final delivery
shall be in writing, in duplicate, stating the terms thereof and the
amount paid in advance, and one copy shall be given to the purchaser
at the time the deposit of money is paid.
(11)
Health Officer's Certificate. No person shall carry on any business included in Subsection (1) involving the handling or sale of foodstuffs without first obtaining from the Health Officer, if any, a certificate stating that he is apparently free from any contagious or infectious disease and agreeing in writing to submit to a further physical examination upon the request of the Health Officer.
(12)
Regulations. A transient merchant holding a permit shall:
(a)
Not falsely or fraudulently misrepresent the quality, character
or quantity of any article offered for sale or offer for sale any
unwholesome or tainted food or foodstuffs, nor intentionally misrepresent
to any prospective customer the purpose of his visit or solicitation,
the name of business of his principal, if any, the source of supply
of the goods, wares or merchandise which he sells or offers for sale
nor the disposition of the proceeds or profits of his sales.
(b)
Not use the permit provided by the County after the expiration
or revocation of the permit.
(c)
Keep the premises in a clean, sanitary condition and the foodstuffs
offered for sale well covered and protected from dirt, dust and insects.
In addition to the revocation, suspension or nonrenewal of any license issued under the provisions of this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 25.04 of this General Code.
