[HISTORY: Adopted by the Common Council of
the City of Franklin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-5-1997 by Ord. No. 97-1461 as
Sec. 13.03 of the 1997 Code]
There is hereby imposed on every person conducting or engaging in the business of providing entertainment or amusement within the City a license fee as specified in Chapter 169, Licenses and Permits. Such license fee is in addition to all other taxes imposed by law or ordinance.
The license shall be granted for a period of
one year or part thereof and shall expire on June 30 following its
issuance.
This article shall not apply to any person conducting
or engaging in the business of providing entertainment or amusement
where admission charges are to be used exclusively for charitable,
eleemosynary, educational or religious purposes.
When used in this article and unless otherwise
distinctly expressed, the following words and phrases shall have the
meanings set out herein:
The City Clerk for the City of Franklin.
Includes, among others, the following: circuses, motion-picture
shows, shows of all kinds, dance halls, all sporting contests and
athletic events, including exhibitions, concerts, lectures, vaudeville,
bowling, dancing, golf, swimming and bathing, side shows, amusement
parks and all forms of recreation therein, operatic performances,
theatrical performances and any other form of diversion, sport, pastime
or recreation.
Any person who conducts or engages in the business of providing
entertainment or amusement and is required to obtain a license hereunder.
Includes an individual, firm, corporation, company, partnership,
association, unincorporated association and any person active in a
fiduciary capacity.
[Added 6-2-1998 by Ord. No. 98-1498[1]]
All licensees, licensees' employees, persons
under the direct supervision and control of a licensee and the premises
supporting the activities for which an entertainment and amusement
license has been granted under this section shall be subject to the
following terms and conditions.
A.
Law compliance. The entertainment and amusement activities
and all activities conducted or arising incidental or accessory thereto
shall in all respects comply with the provisions of this section and
all other applicable rules, regulations, orders, ordinances and statutes.
The premises or place supporting entertainment and amusement license
activities shall comply in all respects with the provisions of this
section and all other applicable rules, regulations, orders, ordinances
and statutes, specifically including, but not limited to, zoning regulations,
building code requirements, fire prevention code and health code requirements.
B.
Alcohol beverage prohibition. No alcohol beverage,
as defined under § 125.02(1) Wis. Stats., shall be possessed,
consumed, sold or given away to any person upon any premises or place
supporting entertainment or amusement required to be licensed by this
section during business hours or while open to the public or during
any entertainment or amusement required to be licensed under this
section unless the licensee and the premises hold and are the subject
of, respectively, an alcohol beverage license applicable to the type
of alcohol beverage possessed, consumed, sold or given away, notwithstanding
whether such license is not otherwise required for mere possession.
C.
Closing hours. No premises or place supporting and
no entertainment or amusement for which a license is granted under
this section may remain open or occur between the hours of 2:00 a.m.
and 6:00 a.m., excepting that on Saturday and Sunday, such closing
hours shall be been 2:30 a.m. and 6:00 a.m.
D.
Curfew. No licensee, employee or person under the
direct supervision or control of a licensee shall permit any person
under the age of 17 years, unless accompanied by the person's parent,
lawful guardian or custodian, to enter, remain in or upon or loiter
in or upon any premises or place supporting any entertainment or amusement
required to be licensed under this section between the hours of 11:00
p.m. and 6:00 a.m. next following. No person under the age of 17 years
shall represent himself or herself to have reached the age of 17 years
in order to obtain admission to or remain in or upon any premises
or place supporting entertainment or amusement required to be licensed
by this section if such person is in fact under the age of 17 years.
No person shall represent himself or herself to be a parent, lawful
guardian or custodian of any person, in order that such person may
obtain admission to or remain upon or in any premises or place supporting
entertainment or amusement required to be licensed under this section,
when the person making the representation is not, in fact, a parent,
lawful guardian or custodian of the other person.
E.
License nontransferable. Any license issued under
this section shall be nonassignable and nontransferable from person
to person or from one premises or place to another.
A license fee due and unpaid under this article
shall be a debt due to the city. It shall be the personal obligation
of the person required to obtain a license and shall be a lien upon
his or her property. Such lien shall have priority over all other
liens and obligations except those due to this state and the United
States. Such lien shall be enforced by the City Clerk as any other
lien would be enforced against a defaulting debtor.
Any person who fails to remit the amount of
license fee when due shall, in addition to all other penalties, pay
a penalty of 100% of the license fee due. For each successive seven
days elapsing before payment, there shall be added an additional penalty
of 10%.
The City Clerk may adopt rules and regulations
not inconsistent with this article for the purpose of carrying out
and enforcing the payment of the license fees herein imposed, and
a copy of such rules and regulations shall be on file and available
for public examination in the City Clerk's office. Failure or refusal
to comply with any rules and regulations promulgated under this article
shall be a violation of this article.
[Amended 10-20-1998 by Ord. No. 98-1512]
A.
Purpose. The purpose of this section is to provide
reasonable regulations for extraordinary entertainment and amusement
(special) events in order to protect the public health, safety and
welfare from the potential adverse effects which may arise from such
special events or the large number of persons attracted to such events
upon premises not regularly used for or developed to regularly accommodate
such events or gatherings. Such regulations are intended to protect
against traffic congestion; the overcrowding of lands; the potential
for fires, explosion, riot or disorder or other dangers to persons
or property; the diversion of public health, safety and emergency
services from regular necessary duties; and the additional cost to
the community of providing public services necessary to protect the
public health, safety and welfare arising from such temporary special
events; and to promote the preservation of public peace and order,
the furtherance of sanitation and the safeguarding of the public health.
B.
Definition. A "special event" is a temporary entertainment and amusement activity, as defined under § 121-4, open to the general public and organized, produced or sponsored by a person, which event is extraordinary in that it is not ordinarily conducted on a daily or regular normal average use basis as a lawful use of the premises upon which such event is to occur, cannot be held completely within the confines of an existing building on such premises, and for which event it is reasonably anticipated that the number of persons attending will at any time exceed the maximum occupancy of the existing building(s) on the property or will substantially exceed the regular normal average patronage and traffic generated otherwise attending such premises as a result of its regular normal average and lawful use. Such special events include but are not limited to festivals, carnivals, athletic or contest tournaments, picnics and fairs.
C.
License required. Any person, whether or not holding an entertainment and amusement license, under this section intending to hold, produce or sponsor a special event shall obtain a special event license prior to such event pursuant to the terms and provisions of this § 121-9.
D.
Exemptions. The exemptions under § 121-3 of this chapter shall not apply to a special event. This subsection shall not apply to:
(1)
Any regularly established place of worship, stadium,
athletic field, arena, auditorium, coliseum or other permanently established
place of assembly for special events for which it is reasonably anticipated
that the number of persons attending will not exceed by more than
250 people the maximum seating capacity of the structure where the
assembly is held.
(2)
Special events sponsored by the City or occurring
upon public property and otherwise authorized or regulated by this
Municipal Code, such special events being otherwise subject to governmental
control to effectuate the purposes of this section.
E.
Regulations.
(1)
Duration and hours of operation. The duration of any special event shall not exceed four consecutive days and any permit issued under this section shall specify the days upon which the event shall occur. No special event shall be open to the public except between the hours of 8:00 a.m. and 10:00 p.m. on any Sunday through Thursday and 8:00 a.m. and 11:00 p.m. on any Friday and Saturday occurring within the duration of the special event. Such permit shall also specify the hours during which pre-event setup and postevent takedown operations may occur and no such operations may be conducted other than as so specified. The duration and hours of operation as set forth above in this Subsection E(1) may be extended following the review, consideration and any recommendation by the License Committee, and the review and consideration thereof by the Common Council, by a decision of the Common Council to grant an exception to the not exceed four consecutive days provision and/or the hours for the special event to be open to the public, to allow for an extension of such days and/or hours to allow for more consecutive days and/or more hours of being open to the public. The decision of the Common Council to grant an exception shall specify the actual consecutive days and/or the actual hours so permitted. Any review, consideration, recommendation and decision made pursuant to this Subsection E(l) shall be based upon and subject to the receipt by the License Committee and the Common Council of specific facts that the subject special event, in addition to meeting all of the purposes and requirements set forth in this § 121-9, is unique with regard to being extraordinary not only because it is not ordinarily conducted, but also because it is of substantially more benefit to the public and the interest therein by the public and a substantial benefit to the community, and that it is substantially controlled and contained within the premises to protect the health, safety and welfare of the public attending and in the community by the applicant event in the public interest.
[Amended 8-5-2003 by Ord. No. 2003-1758; 10-17-2023 by Ord. No. 2023-2558]
(2)
Maximum attendance. A special event license shall
specify the maximum peak number of people to attend the special event.
The licensee shall not sell tickets to nor allow the attendance of
more people at the special event at any time than as specified in
the license. Any tickets sold or advertisement made prior to the grant
of a license under this section and the satisfaction of all conditions
of such license shall include therein, in like medium, a statement
that "the occurrence of the (special event) remains subject to the
approval of the City of Franklin."
(3)
Parking. Off-street parking areas are required for
each special event so as to provide parking space for the maximum
anticipated attendance specified in the license, at the rate of at
least one parking space for every three persons. Such parking areas
shall be specified within the application and shall be located upon
the special event premises; upon separate premises within 1,000 feet
of the special event premises or upon premises located more than 1,000
feet away from the special event premises, provided that the licensee
provides a vehicular shuttle service to and from such away parking
area which operates in fifteen-minute round-trip intervals at all
times during the event and continuing for 30 minutes following the
close of the event on any day. All temporary parking facilities for
special events shall be maintained free of dust or mud and all dirt
or mud tracked onto the public right-of-way shall be cleared and removed
within two hours following the close of the event on any day. The
Police Department shall only post temporary parking-related regulations
on public streets for special events if determined necessary by the
Police Chief for public traffic safety or as may be directed by the
Common Council within the license approval process.
(5)
Illumination. If the special event is to continue
during hours of darkness, illumination shall be sufficient to light
the entire area of the event at the rate of at least five footcandles,
without the spillage of such illumination unreasonably beyond the
boundaries of the special event premises.
(6)
Telephones. Telephone facilities for outside calling
shall be provided and posted at each special event so as to provide
at least one telephone for each 1,000 persons anticipated to attend
as specified in the license.
(7)
Noise. No licensee shall permit any sound created
by the special event activity to carry unreasonably beyond the boundaries
of the special event premises.
(8)
Security. Private security guards licensed by the
State of Wisconsin shall be provided for a special event at the rate
of at least one security guard for every 750 people anticipated to
attend the special event as set forth in the license. No such security
guard shall be armed unless the applicant sets forth on the application
the intention that security guards shall be armed and, prior to the
approval of the application, the applicant obtains the written approval
of the Chief of Police determining that all such armed security guards
meet all of the criteria and requirements set forth under § 941.237(3)(cm)
and 167.31(4)(a)4, Wis. Stats., and that the state licenses required
under such statutes are permanent and not temporary licenses. Any
such armed security guards shall be in full compliance with and not
violate any other governmental law, statute, regulation, rule, order
or ordinance at all times during, or while acting in relation to,
the special event. This requirement for the provision of private security
guards may be modified upon recommendation from the Chief of Police
to do so and approval thereof by the Common Council, upon consideration
of the nature of the event and a showing of historical facts that
the same special event has a history of a low level of activity occurrence
pertaining to the public need for security and police intervention.
[Amended 6-22-1999 by Ord. No. 99-1561; 6-7-2016 by Ord. No. 2016-2220]
(9)
Fire protection. A licensee shall provide all fire
protection applicable to the special event activities and premises
as required by the municipal Fire Prevention Code[2] and the Wisconsin Administrative Code, including alarms,
extinguishing devices, fire lanes and fire escapes.
(10)
Compliance with other code provisions. No special
event shall occur unless all other necessary municipal permits, licenses
and approvals applicable to the special event activities have been
granted and any license granted under this section shall be conditioned
upon the licensee obtaining all such other licenses, permits and approvals.
F.
Application.
(1)
Any person intending to hold, sponsor or produce a
special event shall make written application for a special event license
and file same with the City Clerk at least 30 working days prior to
the date of the special event.
(2)
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, by an authorized officer in the case of a corporation,
by a general partner in the case of a partnership or by all officers
of an unincorporated association, society or group or, if there be
no officers, by all members of such association, society or group.
(3)
The application shall contain and disclose:
(a)
The name, address and home and business telephone
numbers of the authorized representative of the applicant who shall
be responsible for the conduct of the special event and available
to the City at all times for all communications and necessary contacts.
(b)
The name, age, residence and mailing address
of all persons required to sign the application and, in the case of
a corporation, a certified copy of the articles of incorporation,
together with the name, age, residence and mailing address of each
person holding 10% or more of the stock of said corporation.
(c)
The address and legal description of all property
upon which the special event is to be held, together with the name,
residence and mailing address of the record owner(s) of all such property.
(d)
Proof of ownership of all property upon which
the special event is to be held or 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 the special event.
(e)
The nature or purpose of the special event.
(f)
The total number of days and/or hours during
which the special event is to last, including setup and takedown operations.
(g)
The maximum number of persons which the applicant
shall permit to attend at any time, not to exceed the maximum number
which can reasonably assemble at the location of the special event
in consideration of the nature of the special event.
(h)
The maximum number of tickets to be sold, if
any.
(i)
The plans of the applicant to limit the maximum
number of people permitted to assemble.
(j)
Any plans for fencing the location of the special
event and the gates contained in such fence.
(k)
The plans for supplying potable water, including
the source, amount available and location of outlets.
(l)
The plans for providing toilet and lavatory
facilities, including the source, number and location, type and the
means of disposing of waste deposited.
(m)
The plans for holding, collection and disposing
of solid waste material.
(n)
The plans, if any to illuminate the location
of the special event, including the source and amount of power and
the location of lamps.
(o)
The plans for parking vehicles, including size
and location of lots, points of highway access and interior roads,
including routes between highway access and parking lots and any shuttle
service.
(p)
The plans for telephone service, including the
source, number and location of telephones.
(q)
The plans for security, including the number
of guards, their deployment and their names, addresses, credentials
and hours of availability.
(r)
The plans for fire protection, including the
number, type and location of all protective devices, including alarms
and extinguishers, and the number of emergency fire personnel available
to operate the equipment.
(s)
The plans for sound control and sound amplification,
if any, including number, location and power of amplifiers and speakers.
(t)
The plans for food and beverage concessions
and concessioners who will be allowed to operate on the grounds, including
the names and addresses of all concessioners and their license or
permit numbers.
(u)
The plans and specific description for each
of any other type of vendor or amusement or entertainment provider
who will be allowed to operate on the grounds, including the names
and addresses of all such vendors and their license or permit numbers,
if any.
(4)
No application shall be accepted as filed until the City Clerk determines that the information in the application is complete and sufficient for filing purposes as required under this Subsection F. Upon filing, the Clerk shall distribute copies of the application to the Police, Fire, Health, Planning, Building Inspection and Engineering Departments and Common Council members.
G.
Indemnity. The special event license application shall
contain a statement that: "The applicant agrees to indemnify and save
harmless the City from and against all liabilities, claims, demands,
judgments, losses and all suits at law or in equity, costs and expenses,
including reasonable attorney fees, for injury or death of any person
or loss or damage to the property of any person, firm, organization
or corporation, arising in any way as a consequence of the granting
of a license for a special event." No license may be issued unless
the applicant has agreed to the terms of this statement on the written
application.
H.
Insurance. Each applicant for a special event license
shall furnish to the city, no later than 10 days prior to the special
event, a certificate of insurance written by a company licensed in
the State of Wisconsin, approved by the City Attorney and covering
any and all liability or obligations which may result from the operations
by the applicant's employees, agents, contractors or subcontractors
and including workers' compensation coverage in accordance with Ch.
101, Wis. Stats. The certificate shall provide that the company will
furnish the City with a ten-day prior written notice of cancellation,
nonrenewal or material change. The insurance shall be written in comprehensive
form and shall protect the applicant and City against all claims arising
from injuries to members of the public or damage to property of others
arising out of any act or omission of the applicant, its employees,
agents, contractors and subcontractors. The policy of insurance shall
provide minimum combined single limits for bodily injury and property
damage of at least $1,000,000 per person/aggregate.
I.
License fees. Concurrent with the filing of any application
for a special event license, the applicant shall pay a nonrefundable
license administration and review fee to the City in the amount of
$100. In addition, a special event licensee shall be responsible for
and pay to the City a fee for all City fire and police services provided
by the City for the special event. Such police and fire services special
event fee shall not exceed the actual cost of providing the services.
Such fee shall be paid to the City by the licensee within 10 days
of the date of the itemized invoice for same prepared by the City
subsequent to the special event. Prior to any Common Council approval
of a special event license, the Police Chief and Fire Chief shall
review the application and report to the Common Council their respective
findings as to the reasonable estimates of the costs of providing
police and fire services reasonably required by the special event.
The licensee shall provide the Chiefs with all information necessary
to determine the level of services required. After reviewing such
reports, upon which the applicant may be heard, the Common Council
shall specify as a condition of the license that the applicant deposit
with the City security in the form of a bond, letter of credit or
cash deposit, in form approved by the City Attorney in an amount determined
to be sufficient to guarantee payment for the anticipated cost of
providing such special event police and fire services. Such security
deposit shall be made by the licensee no later than 10 days prior
to the special event. Such security deposit shall entitle the City
to draw upon same forthwith upon any default in payment by the licensee
after services invoice, with remaining balance of any cash deposit
to be returned to the licensee. Any determined deficiency for such
service fees beyond the security deposit shall be a debt of the licensee
to the city, collectible by the City in an action at law, which shall
also entitle the City to all costs of collection, including attorney
fees, and further, shall also constitute a lien against the special
event premises to be placed upon the tax roll for such premises. If
the Public Health Officer reports the need for an extra (nonstaff)
rostered sanitarian for the special event, the above terms and provisions
pertaining to police and fire services and costs shall likewise apply
to such extra sanitarian services and costs.
J.
Approval or denial of application. Upon receipt of
a completed application, the City Clerk shall submit the application
for review to the Common Council, which shall approve, conditionally
approve or deny the license within 20 working days of its filing.
The Common Council shall have the authority to modify the time and
place or specified activities of a special event to facilitate crowd
control in the interests of relieving congestion and promoting public
safety. The Common Council shall issue the license if it complies
with all terms and provisions of this section. Grounds for denial
of the application shall include:
(1)
Any false or misleading statements set forth upon
the application.
(2)
The special event is of such a size or nature so as
to require the diversion of so great a number of municipal police
or fire services so as to deny reasonable police or fire services
to the City as a whole.
(3)
The time, size and nature of the special event would
unduly disrupt the safe and orderly use of any street or public place,
or material portion thereof, which is ordinarily subject to congestion
or traffic at the proposed time or substantially interrupts the safe
and orderly movement of traffic.
(4)
The vehicles, temporary structures, sanitary facilities,
tents, equipment or other materials used in the special event do not
comply with or meet all applicable health, fire or safety requirements.
(5)
The special event will interfere or conflict with
another special event for which an application had been previously
filed or with a construction or public works project.
(6)
The conduct of the special event will be contrary
to law, including noise regulations.
(7)
Either the applicant or a proposed special event were
previously licensed for a prior special event under this section and
violated any term of this section while operating under such license.
K.
Appeal of application denial. Any applicant who has
been denied a special event license may, upon written request within
five days of denial have the denial reviewed by the Municipal Court
Judge, who shall either affirm or reverse the initial action on the
application. Such determination by the Municipal Court Judge shall
constitute final action. If the Municipal Court Judge is unable to
hear the matter prior to the proposed date of the special event, the
applicant may seek judicial review of the denial.
L.
Enforcement. Any person who violates any provision
of this section or who violates any condition upon which a special
event license is granted shall be subject to a forfeiture of not less
than $1,000 nor more than $10,000. Each day of violation shall be
considered a separate offense. In addition, the City may enforce this
section by way of injunctive relief and all other remedies available
at law and in equity.
A.
Tavern music license. No person holding a retail Class
"B" fermented malt beverage or intoxicating liquor license, nor its/his/her
agents or employees, shall provide, maintain, suffer or permit in
or upon the licensed premises any live music or music prerecorded
and played for the entertainment of patrons by a person in the business
of providing or performing prerecorded music shows without having
first obtained a tavern music license therefor. The tavern music license
shall be construed to permit singing; however, no dancing, meaning
entertainment or exposition commonly designated as floor shows or
cabaret shows, shall be permitted under such license.
B.
Tavern entertainment license.
(1)
No person holding a retail Class "B" fermented malt
beverage or intoxicating liquor license, nor its/his/her agents or
employees, shall provide, maintain, suffer or permit in or upon the
licensed premises any entertainment or exposition consisting of dancing,
meaning entertainment commonly designated as floor shows or cabaret
shows, without having first obtained a license therefor as hereinafter
provided. No additional tavern music license shall be required of
any person holding a valid tavern entertainment license for music
played or performed in conjunction with such dancing.
(2)
No person shall be granted a tavern entertainment license if the licensed premises is located within 1,000 feet of any residential district, any public or private school, child-care center, church, religious institution, public park, adult-oriented establishment, as defined under Chapter 183, Orderly Conduct, Article I, Adult-Oriented Establishments, or any other premises required to obtain or holding a tavern entertainment license under this section.
(3)
No person holding a tavern entertainment license shall
suffer, allow or permit any employee or performer, and no employee
or performer shall intentionally touch the clothed or unclothed body
of any person at the premises, at any point below the neck and above
the knee of the person, excluding that part of the person's arm below
the wrist (hand). It shall further be unlawful for any person in or
upon a tavern entertainment licensed premises, other than a licensee,
employee or performer, to touch any portion of the clothed or unclothed
body of a licensee, employee or performer below the neck and above
the knee, excluding that part of the licensee's, employee's or performer's
arm below the wrist (hand).
C.
Dancing upon tavern premises. No person holding a
retail Class "B" fermented malt beverage or intoxicating liquor license
shall permit dancing upon such licensed premises by any person, patron,
employee or performer within six feet of any bar and back barwall
or the area within three 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.
D.
Application.
(1)
Application for a license required by this section
shall be made, in writing, upon a form prescribed by and filed with
the City Clerk. The application herein required shall contain the
following information:
(a)
The name and address of the person applying
for the permit.
(b)
If the applicant is not an individual, the names
and addresses of the applicant's principal officers and agent.
(c)
If the applicant, or in the event the applicant
is not an individual person, if any member, managing officer or agent
of the applicant has been convicted in a court of competent jurisdiction
of any offense involving dishonesty or moral turpitude or has been
convicted of any violation of law relating to the public health and
safety within the five years immediately preceding the date of application,
unless the applicant has been duly pardoned.
(d)
If the applicant has, within five years prior
to the date of his or her application, been licensed to sell fermented
malt beverage or intoxicating liquor; if any such license was suspended
or revoked, 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
or intoxicating liquor license held for the premises.
(g)
Such other and further information as may be
reasonably required by the terms of this section.
(2)
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
shall notify the City Clerk, in writing, thereof within 10 days after
such change.
E.
License fees. The fee for licenses issued pursuant to this section shall be as set forth in Chapter 169, License and Permits, for entertainment and amusement licenses. License fees shall accompany each application. In the event that the license is denied, the fee shall be refunded to the applicant. The full license fee shall be charged for the whole or fraction of the license year, except as provided in Subsection J.
F.
License.
(1)
Upon receipt of a proper application and the prescribed
license fee, the City Clerk shall forward such application to the
Common Council for consideration. Within 30 days of receiving an application,
the Common Council shall grant or deny the license or hold the application
for an additional 30 days, unless otherwise agreed to by the applicant.
(2)
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:
(a)
That all of the statements made in the application
are true.
(b)
Subject to §§ 111.321, 111.322
and 111.335, Wis. Stats., 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.
(c)
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.
(d)
That the proposed entertainment will comply
with all applicable rules, regulations, ordinances and state laws.
(e)
If the applicant is a corporation, that it is
licensed to do business and is in good standing with the State of
Wisconsin.
(f)
That the applicant holds a Class "B" fermented
malt beverage or intoxicating liquor license for the premises for
which an entertainment license is sought and is otherwise entitled
to a license under the provisions of this section.
(3)
Upon approval of the application by the Common Council,
a license shall be issued to the applicant by the City Clerk. Any
license issued under this section shall be nonassignable and nontransferable
from person to person or from one premises to another.
(4)
Whenever an application is denied or held for further
investigation, the City Clerk shall advise the applicant, in writing,
of the action taken and the reasons for such action. The City Clerk
shall also advise the applicant of the right to request that the Common
Council review its determination pursuant to Chapter 227, Wis. Stats.,
pertaining to contested case procedures.
G.
Expiration, transfer and lapse of license.
(1)
All licenses issued as herein provided shall expire
on the 30th day of June of each year.
(2)
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 or intoxicating
liquor license or said license is revoked by the Common Council. If
any such retail Class "B" 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.
(3)
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.
(4)
A person wishing to purchase a business that possesses a tavern entertainment or music license may make application with the City Clerk for a retail Class "B" fermented malt beverage or intoxicating liquor license, together with a tavern entertainment or music license. The application shall be reviewed, issued and subject to appeal in the same manner as original applications, except that the location restrictions in Subsection B(2) shall not apply if the tavern held an entertainment license prior to passage of this section.
H.
Display of license. Any person licensed in accordance
with the provisions of this section shall keep the license posted
in a prominent place upon the licensed premises.
I.
Revocation, suspension or nonrenewal. A license may
be suspended for a period not to exceed 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 or her 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 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,
Wis. Stats., shall apply to revocation, suspensions and nonrenewals
of tavern music and entertainment licenses.
J.
Temporary permits.
(1)
A temporary tavern music permit or tavern entertainment permit may be issued by the City Clerk 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 Subsection B. Application for any such permit shall be made in writing upon a form prescribed by and filed with the City Clerk in accordance with the provisions of Subsection C. Not more than 10 temporary permits for either tavern music or tavern entertainment shall be issued for the same premises in any license year expiring June 30. Subsequent to the issuance of an initial permit under this section for a premises, the City Clerk may issue additional permits for each premises as provided in this section and within the same license year, 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 specified in Subsection F by the permit holder shall be deemed cause for suspension or denial of any further special permit privileges.
(2)
The fee for permits issued pursuant to this section shall be as set forth under Chapter 169, Licenses and Permits, for temporary entertainment and amusement licenses.
(3)
The permit fee shall accompany any application. In
the event that the permit is denied, the fee shall be returned to
the applicant.
K.
Penalties. Any person violating any provision of this section shall be subject to the penalty provisions of Chapter 1, General Provisions, § 1-19. The application of such penalty provisions to any licensee under this section shall be in addition to any nonrenewal, suspension, revocation or injunctive action against such licensee.
L.
Preexisting entertainment licenses and discontinuation of operation. Holders of Class "B" fermented malt beverage or intoxicating liquor licenses who also possess an entertainment license at the time of passage of this section are exempt from the location provisions in Subsection B(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 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 Subsection B(2).
A.
Every person conducting or engaging in the business of providing temporary or transitory amusement or entertainment shall be subject to the license fees imposed hereunder. Tavern licensees shall have one free dance per year and shall pay a fee as specified in Chapter 169, Licenses and Permits. Any person conducting a tavern dance shall obtain a permit from the City Clerk at least 48 hours in advance.
B.
Temporary amusement and entertainment licenses may
be granted for the Labor Day Fair by the City Clerk or, if obtained
after 5:00 p.m. on the Friday preceding Labor Day, by a Fair Commissioner
or police officer. All other provisions for entertainment and amusement
licenses shall apply.
[Adopted 8-5-1997 by Ord. No. 97-1461 as
Sec. 13.05 of the 1997 Code]
A.
No operator shall lease, install or place amusement
devices on any premises for use in the City except on premises established
primarily for amusement of the public only on such premises after
having obtained a license and paid the license fee therefor.
B.
No person shall possess and set up for use any amusement
device without registering it with the City Clerk and paying the registration
fee therefor.
The following terms as used in this article
shall be construed as follows:
An electrically or mechanically coin-operated device used
and operated solely for playing games of skill or for entertainment.
Any person owning and operating one or more amusement devices
set up for use in the city. Any person owning and operating an amusement
device set up in his or her home or own place of business shall not
be deemed an operator within the meaning of this article.
Amusement parks, theaters, bowling alleys, taverns and restaurants.
The physical presence of a prohibited device in any premises
under the management or control of the person in charge as possessor.
A.
Any operator shall make application, in writing, to
the Council for a license on such form as shall be prescribed by the
City Clerk.
B.
The license fee shall be as specified in Chapter 169, Licenses and Permits, and shall be paid to the City Treasurer at the time of filing the application for a license. Licenses shall be granted by the Council only to persons of good moral character and to applicants having an established office in Milwaukee County where business records and new amusement devices may be inspected before and after registration. The applicants in their applications shall consent to reasonable inspection of their records and devices to determine ownership and character of the amusement devices to be operated and registered. The license period shall run from July 1 of each year and end on June 30 of each year.
A.
Any person owning any amusement device or maintaining or permitting the maintenance of any amusement device on premises owned or controlled by him or her shall register such amusement device as herein required. On or before July 1, every amusement device shall be registered with the City Clerk by the owner or possessor thereof. The registration fee shall be as stated in Chapter 169, Licenses and Permits, for each amusement device. Such registration fee shall be paid to the City Treasurer at the time of registration. The City Clerk shall require the registrant to submit such 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 so registered. The registration fee for each year, or part thereof, shall be an amount equal to the original registration fee as herein provided. Nothing herein contained shall be construed to authorize the registration of any slot machine or gambling device.
B.
The City Clerk may transfer a registration symbol
from one amusement device to another when evidence is presented showing
that the use of the device previously registered has been discontinued
during the year of registration and that the new amusement device
which the symbol is proposed to be attached for registration is an
amusement device within the definition of this article. The City Clerk
shall keep an appropriate record of the registration of each amusement
device, showing the name and number and such other information as
he or she shall deem necessary concerning each machine registered,
and also keep a similar record of the amusement devices for which
transfers have been authorized.
Any City police officer may 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 nonregistered
amusement device set up for use shall be a violation of this article.
No person shall counterfeit a registration symbol
or transfer such registration symbol from one amusement device to
another without having previously registered such transfer with the
City Clerk.
