CHAPTER 9

LICENSES AND PERMITS

9.01 INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES [Adopted 11/3/89]

(1) State Statutes Adopted. The provisions of the Wis. State Stats., Chapter 125 relating to the sale of intoxicating liquor and fermented malt beverages, exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statutes, are hereby adopted and made a part of this ordinance by reference.

(2) Licenses When Required. No person, except as provided by sub. (1) of this section, shall distribute, vend, sell, offer or keep for sale at retail or wholesale, deal or traffic in, or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage, or cause the same to be done, without having procured a license or permit as provided in this section, nor without complying with all the provisions of this section and all statutes, ordinances and regulation of the State and Town applicable thereto.

(3) License Fees. There shall be the following classes and denominations of licenses, which, when issued by the Town Clerk under the authority of the Town Board after payment of the fee hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquor and/or fermented malt beverages as provided in Chapter 125 of the Wis. State Stats..

(a) Class A fermented malt beverage retailer's license - $50.00 per year - Section 125.25. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued - Section 125.25(4).

(b) Class B fermented malt beverage retailer's license - $100.00 per year or 50% of such amount for a 6-month period - Section 125.26(5). The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued - Section 125.26(4).

(c) Temporary Class B retailer's license to sell fermented malt beverages at picnics or gatherings - $10.00 per application. Required filing of application with Town Clerk at least 15 days prior to granting of each temporary license, and requires applicant to have been in existence six months prior to date of application. (Sections 125.26(6) and 125.04(3)(f).) Temporary "Class B" Retailer's license to sell wine containing not more than 6% alcohol by volume at picnics or gatherings - $10.00 per application. Requires filing of an application with Town Clerk at least 15 days prior to granting of each temporary license, and requires applicant to have been in existence six months prior to date of application. (Section 125.51(10) and 125.04(3)(f).)

(d) Wholesaler's Fermented Malt Beverage License - $25.00 per year or fraction thereof - Section 125.28.

(e) Operator's license - $30.00 for two years - Section 125.32(2). Included in the license fee, is the current cost of obtaining a criminal investigation check through the Department of Justice. The $30.00 license fee is to be prorated for all new licenses. License fees are non-refundable.[Effective 1/1/96]

(f) Retail "Class A" Liquor License - $150.00 per year - Section 125.51(2).

(g) Retail "Class B" Liquor License - $200.00 per year - Section 125.51(3).

(h) Retail "Class C" Wine License - $100.00 per year - Section 125.51(3m).

(i) Pharmacist's permit - $10.00 per year - Section 125.57.

(4) License Restrictions. In addition to the requirements imposed by provisions of the Wis. State Stats. adopted by reference in subsection (1) of this section, the following restrictions shall apply to the issuance of licenses or permits pursuant to this section.

(a) Requirement for Licenses. No license or permit shall be issued any person who is not 21 years of age or over, of good moral character, a citizen of the United States and the State of Wisconsin. No license shall be issued to any person who have been a habitual petty law offender or convicted of a crime under the laws of this State punishable by imprisonment in the state prison unless such person has been pardoned. This paragraph shall not apply to Wisconsin corporations but shall apply to all officers and directors of any such corporation.

(b) Effect of Revocation of License. No license shall be issued for any premises if a license covering such premises has been revoked within six (6) months prior to application. No license shall be issued to any person who has had a license issued pursuant to this section revoked within twelve (12) months prior to application.

(c) Inspection of Application and Premises. The Town Clerk shall notify the Health Inspector, Chief Police Officer and Building and Housing Inspector of all license and permit applications, and these officials shall inspect or cause to be inspected each applications and premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto and the applicant's fitness for the trust to be imposed. No license or permit provided for in this Section shall be issued without the approval of a majority of the Town Board.

(d) Health and Sanitation. No license shall be issued for any premises which do not conform to the sanitary, safety and health requirements of the State Industrial Commission and the State Board of Health and to all such ordinances and regulations adopted by the Town.

(e) Tax Delinquencies. No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the Town are delinquent or unpaid.

(f) Surrender of License Due to Nonuse.[Created 5/22/89]

(g) A licensee may hold a license until its expiration date or request approval of the Town Board to transfer the license to another qualified location in the municipality. The license may also be surrendered to the Town Clerk. (NOTE: An alcohol beverage license is not "tied" to a particular location. The license is issued to a particular person for a specific premises, but it is the person that holds the license not the place.)

(2) If a licensed premise is leased or sold, the new owner or tenant may receive an available retail license for the premises, if, prior to granting the license, control of the premises can be shown by purchase or lease agreement.

(3) An agreement between a landlord and tenant regarding the premises, is not binding on the Town Board. The Town Board decides whether licenses are granted and to whom they are granted. A landlord or previous licensee cannot force the Town Board to grant a license to the applicant of the landlord's choice or force revocation of the license at a later date.

(4) The Town Board required that no licensee shall close down an establishment for more than 90 days. To do so may result in a revocation or suspension of the license.

(5) Search of Licensed Premises. It shall be a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any police officer of the Town of Menasha without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this section.

(6) Posting Licenses. Licenses or permits issued under this section shall be posted and displayed as proved in Sections 66.054(8)(b) and 176.05(12) of the Wis. State Stats. and any licensee or permittee who shall fail to post his license or permit as therein required shall be presumed to be operating without a license.

(7) Safety and Sanitation Requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.

(8) Revocation and Suspension of Licenses.

(a) Procedure. Except as hereinafter provided, the provisions of Section 176.11 and 176.12 of the Wis. State Stats. shall be applicable to proceedings for the revocation or suspension of all licenses or permits granted under this section. Revocation or suspension proceedings may be instituted by the Town Board upon its own motion by adoption of a resolution.

(b)Suspension of Licenses. The Town Chairman upon obtaining reasonable information that any licensee has violated any provision of the section or and State or Federal Liquor or fermented malt beverage law or committed any felony may suspend the license or permit of such person for a period not to exceed ten (10) days pending hearing by the Town Board pursuant to par. (a).

(c) Automatic Revocation. Any license or permit issued under the provisions of this section shall stand revoked without further proceedings upon the conviction of a licensee or permittee or his employee, agent or representative of a second offense under this ordinance or Chapters 176 and 139 or Section 66.054 of the Wis. State Stats. or any other State or Federal liquor or fermented malt beverage law or any felony.

(d) Repossession of License or Permit. Whenever any license or permit under this section shall be revoked or suspended by the Town Board or Town Chairman or action of any court or par. (c), it shall be the duty of the clerk to notify the licensee or permittee of such suspension or revocation and to take physical possession of the license or permit wherever it may be found and file it in the Clerk's office.

(9) Transfer of Premises.

(a) Any person desiring to transfer his or her license from any building in the Town to any building in the Town shall file a written application with the Town Clerk stating:

(1) The place he desires to move to.

(2) Whether he is to be the owner or lessee.

(3) The nature of any other business carried on concurrently at the location proposed to be licensed.

(4) And such other information as may be required time to time by the Town Board.

(b) Such applications shall be filed for at least fifteen days with the Town Clerk before acted upon by the Board. The Town Clerk shall promptly notify the Chief Officer, the Health Inspector, and the Fire Inspector of such application and these officers shall inspect or cause to be inspected the premises sought to be licensed. They shall make such other investigation as the Town Board or it Administrative Committee shall order to determine whether the application complies with the regulations, orders and laws applicable thereto and the premises are in a proper physical condition and a suitable location. The aforesaid officers shall furnish to the Administrative Committee in writing the information derived from such investigation.

(c) As far as applicable the provisions of Section 3 of this ordinance shall apply to further proceedings in regard to the granting or refusal by the Board of the applicant's request to transfer the license.

(10) Operator's Licenses.[Adopted 12/4/89]

(a) Operator Licenses Required.

(1) All of the provisions of Section 125.68(2), of the Wis. State Stats., and any future amendments or changes to this statute, are hereby incorporated herein at length by reference as if set forth fully at length herein.

(b) Application for Operator's License [Adopted 2/26/96]

(1) A written application shall be filed with the Town Clerk by the person requesting said license, setting forth the name, residence, age and sex of applicant, together with such pertinent information as to character and fitness as the Town Clerk may require. At such time, the applicant shall pay the prescribed fee to the Town Treasurer. All applications shall be accompanied by a recommendation for approval/disapproval by the Chief of Police or his/her designee. Applications shall be valid for a period of sixty (60) days.

(2) The applicant shall pay an Operator's License Fee in the amount determined by the Town Board which said amount shall be stated on Operator's (Bartender's) Instructions, which said instructions are hereby incorporated by reference.[Adopted 9/10/90]

(c) Issuance of Operator's License [Adopted 2/26/96]

(1) Said Operator's License shall be granted by the Town Clerk of Supervisors only to persons who have attained the legal age established by state law and have met the requirements defined by Chapter 125 of the Wis. State Stats., and for all new applicants on or after January 1, 1990, who have successfully completed a mandatory alcohol awareness training program approved by the Town Board of Supervisors as described herein, at which time said license shall be issued by the Town Clerk. The Operator's License shall be valid for two years and shall expire on June 30, unless otherwise revoked. An Operator's License issued for the first time to any individual shall be valid for two years or less and shall expire on the June 30th date immediately prior to the two-year time period.

(2) Mandatory Schooling Required. Effective January 1, 1990, all new applicants or each applicant who failed to timely renew the license for an operator's license in the Town of Menasha shall be required, prior to the issuance of an operator's license, to provide the Town Clerk with proof of successful completion of a bartender's training course offered by the Fox Valley Technical College or any equivalent course approved by the Town Board. However, each applicant who fails to timely renew his/her operator's license shall be granted a 30-day grace period to renew his/her operator's license without mandatory schooling required. It is the responsibility of the applicant to pay the tuition fee for said Bartender's Awareness Course.

(3) As of January 1, 1990, where new application is made for a Class A or Class B license, or any combination thereof, on behalf of an individual, the individual shall successfully complete the program within sixty (60) days from the filing of the application with the Town Clerk. The same shall be required for each partner of an application filed by a partnership, and for an agent of an application filed by a corporation, and for an agent of a Special Class "B" license.

(4) Operator's (Bartender's) Instructions shall be prepared by the Town Clerk and Chief of Police; and said Operator's (Bartender's) Instructions are hereby incorporated by reference, and shall be distributed to all applicants.

  1. Duplication fee for a laminated operator's license for any reason is $2.00.[Effective 1/1/96]

(6) Temporary Operator's License. The Town Clerk or designee may issue a temporary operator's license subject to the following conditions:

(1) A written application shall be filed with the Town Clerk by the person requesting said application, setting forth the name, residence, age and sex of the applicant, together with such pertinent information as to character and fitness as the Town Clerk may require.

(2) At the time of application, the applicant shall pay to the Town Treasurer a fee in the amount of five dollars ($5.00).[Effective 1/1/96]

(3) A temporary operator's license shall be valid for fourteen (14) days and shall be issued only to operators employed by, or donating their services to, holders of Special Class "B" license pursuant to Section 9.01 (3)(c) of this code.

(4) No person may hold more than one temporary license per calendar year.

(5) Completion of a mandatory alcohol awareness training program is not required to obtain a temporary license.

(e) Provisional Operator's License. The Town Clerk or designee may issue a provisional operator's license to a person who has applied for an operator's license under Section 9.01(10). [Adopted 9/9/91]

(1) Fee of $10.00 shall be paid upon application.

(2) A provisional license may not be issued to any person who has been denied a beverage operator's license.

(3) The provisional license expires 60 days after its issuance or when a license under 9.01 (10) is issued to the applicant, whichever is sooner.

(4) Persons are limited to one provisional license per calendar year.

(5) Revocation. The provisional license shall be revoked by the Town Clerk or designee if it is discovered the holder of the provisional license made a false statement on their application or fails to complete the Responsible Beverage Server course, if required.[Effective 1/1/96]

(11) Replacements of License. Whenever a license or permit shall be lost or destroyed, a duplicated shall be issued by the Town Clerk upon the payment to him/her of a fee of $1.00.

(12) The holders of Class "A" licenses as issued by the Town of Menasha as it relates to the sale of intoxicating liquor and fermented malt beverages, shall not permit the selling, dispensing, giving away or furnishing, directly or indirectly, of said intoxicating liquor and fermented malt beverages for consumption off premises between the hours of 9:00 P.M. and 8:00 A.M., Central Standard Time. During that portion of the year when standard time is advanced under Wis. State Stats., Section 175.095, then also said licensees will not be permitted to sell, dispense, give away or furnish directly or indirectly intoxicating liquor and fermented malt beverages between 9:00 P. M. and 8:00 A.M., Central Standard Day Light Time.

It is the intention of this ordinance to prevent the sale, dispensing, giving away or furnishing, of intoxicating liquor and fermented malt beverages, for consumption off premises, during the above prohibited times. Any violations of this ordinance shall be subject to the penalties as contained within the penalty clause of the chapter to which this ordinance is added.

(13) License Restrictions.

(a) Delinquent Taxes, Assessments, Etc.

(1) Premises. No initial or renewal alcohol beverage license shall be granted for any premises for which taxes, assessments or other claims of the Town are delinquent and unpaid.

(2) Persons. No initial or renewal alcohol license shall be granted to any person:

(a) Delinquent in payment of any taxes, assessments or other claims owed to the Town.

(b) Delinquent in payment of a forfeiture resulting from a violation of any ordinance in the Town.

(c) Delinquent in payment to the State of any state taxes owed.

For Operator's (Bartender's) Instructions see Appendix A on page 37 and 38.

9.02 AUCTIONS AND CLOSING-OUT SALES [Recreated 9/9/96]

(1) In order to maintain the peace and good order in the Town of Menasha, and in order to provide for the public health, safety and welfare of the Town residents, it is necessary that an ordinance regulating auctions and closing out sales exist in the Town of Menasha.

(2) Auctions and closing out sales shall be unlawful without obtaining a permit from the Town Clerk of the Town of Menasha. The permit for an auction or closing out sale shall be obtained by making an application in writing on a form provided by the Town Clerk of the Town of Menasha a minimum of five (5) working days prior to the date of the auction or closing out sale. The application shall require information including the legal name of the business, its address, the location, time and date(s) of the sale, the names and addresses of the principals, agents and/or officers of the business, and the name of the person who will conduct and be responsible for the sale. The permit shall in no way be construed to affect existing or future zoning or land use.

(3) Permit Fees are as stated in the official schedule of license/permit fees. An auction permit is per day for each day, or part thereof, on which the auction sale is licensed. Closing out sale permit shall be issued for a period of ninety (90) days, with no more than one permit per calendar year. The permit fee shall be submitted at the time of application.

(4)Definition. "Auction" means a sale transaction conducted by means of oral or written exchanges between an auctioneer and prospective purchasers of goods or real estate that consists of a series of invitations made by the auctioneer to the prospective purchasers for offers for the purchase of goods or real estate and that culminate in the acceptance by the auctioneer of the highest, or most favorable offer made by one of the prospective purchasers.

(5) It shall be unlawful for any auction permit holder under this ordinance to conspire with any other person or to provide any other person at any sale to submit any false bid, and no person shall act at any such sale by auction as a bidder, a "capper"," booster" "shiller" or offer or make any false bid to buy, or pretend to buy, articles sold or offered for sale at any auction.

(6) Exhibit merchandise. No merchandise shall be sold at any auction sale which has not been placed on the sale premises at least 24 hours before the sale begins and made available for the purpose of inspection by interested persons. No merchandise shall be added to the inventory of any individual or firm conducting a sale after an application for a permit is filed with the Town Clerk.

(7) Exemptions. An auction permit shall not be required for the following exemptions adopted by reference and made a part of this chapter under the provisions of Wis. State Stats. 480.02.

(a) Auction conducted by, or under the direction of an official of the United States or of this state or a county, city, village or town of this state.

(b) An auction required by a court order or judgement.

(c) A sale of goods required by law to be a sale by auction.

(d) An auction conducted by the owner of the goods or real estate for sale if the owner has held the goods or real estate for his or her personal user for at least one year immediately preceding the date of the auction.

(e) An auction conducted by or under the direction of a religious, fraternal or benevolent society, a school or nonprofit organization.

(f) An auction conducted by or under the direction of a political organization or candidate if the proceeds of the auction will be used for political purposes.

(g) An auction in which the total appraised value of the goods or services for sale is less than $500.

(h) Fur auctions and fur auctioneers licensed by the department of natural resources under chapter 29 of the Wis. State Stats.

(i) Motor vehicle auction dealers licensed by the department of transportation under subchapter VIII of chapter 218 of the Wis. State Stats.

(j) A person, other than a licensee as defined in section 452.01(5) who conducts an auction, or manages or has primary responsibility for handling sales, proceeds, down payments, earnest money, deposits or other trust funds received at or as a result of an auction while lawfully practicing within the scope of a license, permit or certificate granted to that person by a state governmental agency other than the department.

(8) Definition. "Closing out sale" means a sale/transaction conducted by a person or business, at retail, for the purpose of closing out merchandise, or the sale of merchandise which is advertised or implied as a closing out or going out of business sale, which results in the termination of that business.

(9) False Description. No person shall sell or offer for sale at any auction or closing out sale, any goods, wares or merchandise that have been falsely described or which any untruthful statement has been made as to character, quality, description or cost.

(10) The applicant for an auction or closing out sale shall further file a $2,000 Surety Bond to guarantee compliance with the rules and regulations under this section and compliance with all laws of this State, however, the Town Clerk at his/her discretion may waive the $2,000 Surety Bond requirement.

(11) Payment of outstanding Taxes and Fees. No permit may be granted or issued to any applicant or for any premises upon which taxes or assessments or other financial claims of the Town are delinquent or unpaid.

(12) Penalty. Failure to obtain an auction or closing-out sale permit or comply with this ordinance will result in a penalty of not less than $50.00 per day and no more than $200.00 per day.

9.025 TRANSIENT MERCHANTS

(1) Permit Required. No transient merchant shall vend, sell or dispose of or offer to vend, sell or dispose of goods, wares, or merchandise, produce or any other thing at any place whatsoever within the Town of Menasha without first obtaining a permit as set forth in this ordinance.

(2) Definition. The following definitions shall apply to this section:

(a) "Transient Merchant": Any person who temporarily engages in the retail sale of merchandise at any place in the Town of Menasha, and who is not or does not intend to become a permanent merchant of the Town of Menasha. "Transient Merchant" includes any peddler, solicitor, canvasser, or any other person who does or transacts any temporary or transient business in the Town of Menasha which involves the selling of goods, wares, or merchandise, or who solicits for such trade.

(b) "Permanent Merchant": Any person who, for at least six months prior to the consideration of this ordinance to said merchant has continuously operated an established place of business in the Town of Menasha or in the Fox Valley area.

(c) "Merchandise": Merchandise shall include personal property of any kind, and shall include merchandise, goods, or materials provided incidental to services offered or sold. The sale of merchandise includes donations required by the seller for the retention of goods by a donor or perspective customer.

(d) "Clerk": The Town Clerk.

(e) "Charitable Organization": Any organization that is described in Section 501 (c)(3) of the Internal Revenue Code and that is exempt from taxation under Section 501 (a) of the Internal Revenue Code. A charitable organization is further defined as any person, organization or business who is or purports to be established for a charitable purpose, which includes any benevolent, educational, philanthropic humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or other eleemosynary objective.

(3) Exemptions. The following shall be exempt from all provisions of this ordinance:

(a) Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.

(b) Any person selling agricultural products which the person has grown.

(c) Any person who has an established place of business where the merchandise being sold is offered for sale on a regular basis, and in which the buyer has initiated contact with, and specifically requested, a home visit by said person.

(d) Any person holding a sale required by statute or by Order of any Court and any person conducting a bona fide auction sale pursuant to law.

(e) Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of said organization, provided that there is submitted to the Clerk proof that such charitable organization is registered under section 440.41, Wis. State Stats. Any charitable organization engaged in the sale of merchandise and not registered under Section 440.41, Wis. State Stats., or which is exempt from that statute's registration requirements shall be required to register under this ordinance.

(f) Any person who claims to be a permanent merchant, but against whom complaint has been made to the clerk that such person is a transient merchant; provided that there is submitted to the Clerk proof that such person has leased for at least six months, or purchased, the premises from which he/she has conducted business in the Fox Valley area for at least six months prior to the date the complaint was made.

(g) Any artists selling art objects at art fairs or art auctions.

(h) Any other exemptions pursuant to state or federal law.

(4) Application for Permit. Any transient merchant desiring to engage in sales of merchandise within the Town of Menasha shall be required to complete and return to the Clerk a registration form furnished by the Clerk which shall require the following information:

(a) Name, permanent address and telephone number, and temporary address, if any.

(b) Age, date of birth, height, weight, color of hair and eyes, and drivers license number of the transient merchant(s).

(c) Name, address and telephone number of the person, firm, association or corporation that the transient merchant represents or is employed by, or whose merchandise is being sold.

(d) Temporary address and telephone number from which business will be conducted (if any).

(e) Nature of business to be conducted and a brief description of the merchandise, and any services offered.

(f) Proposed methods of delivery of merchandise, if applicable.

(g) Make, model and license number of any vehicle to be used by applicant in the conduct of his/her business.

(h) Most recent cities, villages, towns, or other municipalities, not to exceed five, where applicant conducted his/her business.

(i) Place where applicant can be contacted for at least seven days after leaving the Town of Menasha.

(j) Statement as to whether applicant has been convicted of any crime, or ordinance violation related to applicant's transient merchant business within the last five years, and the nature of the offense and the place of conviction.

(5) Further Application Requirements. All applicants shall present to the Clerk for examination the following:

(a) A driver's license or some other proof of identity as required by the Town Clerk.

(b) A State Certificate of Examination and Approval from the Sealer of Weights and Measures where applicant's business requires use of weighing and measuring devices approved by State authorities.

(c) A State Health Officer Certificate where applicant's business involves the handling of food or clothing and is required to be certified under state law; such certification to state the applicant is apparently free from any contagious or infectious disease, dated not more than 90 days prior to the date the application license is made.

(d) A State of Wisconsin sellers permit when required by State law.

(6) Application License Fee. At the time the permit application is returned to the Clerk, a fee of $50.00 shall be paid to the Clerk to cover the cost of processing said registration. The fee amount shall be paid in the form of a certified check, bank money order, cashiers check or cash. This application fee shall be non-refundable. Any applicant who is a member of a religious organization selling religious literature shall be exempt from payment of the fee.

(7) License Investigation. Upon receipt of an application for a license as described hereinabove, the Chief of Police shall institute such investigation of the applicant as he/she deems necessary for the protection of the public good, and shall endorse his/her approval or disapproval upon the application within a reasonable time, not to exceed ten working days after it has been filed. The Clerk shall issue approved permits in accordance with such findings after presentation by the applicant all portions of the application form have been fully completed, the Chief of Police has approved the application, and the $50.00 application fee (as described above) has been paid in full. Should the investigations by the Chief of Police include a recommendation for denial, then the Clerk shall not approve the permit, and the applicant shall have the right to an appeal to be heard before the Town Board at the next regularly scheduled Town Board Meeting.

The Clerk shall refuse to grant a permit to any applicant if it is determined that: the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received against the applicant by authorities in the most recent cities, villages and towns in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is directly related to the applicant's fitness to engage in direct selling; or the applicant failed to comply with the provisions concerning the application of the permit or other provisions as described in this ordinance.

(8) Service of Process. The applicant shall sign a statement appointing the Clerk as his/her agent for the purpose solely to accept service of process in any civil action brought against the applicant arising out of any sale or service performed by the applicant in connection with the direct sales activities of the applicant, in the event the applicant cannot, after reasonable effort, be served personally.

(9) Duration of Permit. Any transient merchant permit granted to any person shall be valid for a period of 60 days from the date of entry provided the applicant remains in conformity with all provisions of this ordinance.

(10) Surety Bond. Each applicant shall file a $2,000.00 surety bond to guarantee compliance with the rules and regulations of this ordinance and to remain in compliance with all laws of this state.

(11) Prohibited Practices. The following provisions apply:

(a) A transient merchant shall be prohibited from: calling at any dwelling or other place between the hours of 7:00 p.m. and 9:00 a.m. except by appointment; calling bearing the words "No Peddlers," "No Solicitors" or words of similar meaning; calling at the rear door of any dwelling place; or remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.

(b) A transient merchant shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity, or characteristics of any merchandise offered for sale, the purpose of his/her visit, his/her identity or the identity of the organization he/she represents. A charitable organization transient merchant shall specifically disclose what portion of the sale price of the merchandise being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the merchandise.

(c) No transient merchant shall impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.

(d) No transient merchant shall make any loud noises or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one-hundred foot radius of the source.

(e) No transient merchant shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business.

(12) Disclosure Requirements. The following provisions apply:

(a)After the initial greeting and before any other statement is made to a prospective customer, a transient merchant shall expressly disclose his/her name, the name of the company or organization he/she is affiliated with, if any, and the identity of merchandise or services he/she offers to sell.

(b) If any sale of merchandise is made by a transient merchant, or any offer for the later delivery of merchandise is taken by the seller, the buyer shall have the right to cancel said transaction if it involves the extension of credit or is a cash transaction of more than $25.00, in accordance with the procedure as set forth in Section 423.203, Wis. State Stats.; the seller shall give the buyer two copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of Sections 423.203 (1)(a)(b) and (c), (2) and (3), Stats.

(c) If the transient merchant takes a sales order for the later delivery of merchandise, he/she shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement, the amount paid in advance whether full, partial, or no advance payment is made, the name, address and telephone number of the seller, the delivery or performance date, and whether a guarantee or a warranty is provided and, if so, the terms thereof.

(13) Records. The Police Chief shall report to the Clerk all convictions for violation of this ordinance and the clerk shall note any such violation on the record of the transient merchant convicted.

(14) Revocation of Permit. Revocation of any permit granted herein shall be as follows:

(a) Any permit may be revoked by the Town of Menasha Board of Supervisors after notice and hearing, if the transient merchant made any material omission or materially inaccurate statements in the application for license, made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in transient sales, violated any provision of this ordinance or was convicted of any crime or ordinance or statutory violation which is directly related to the applicant's fitness to engage in selling.

(b) Written notice of the hearing shall be served personally or upon the clerk (as described above) at least 72 hours prior to the time set for the hearing; such notice shall contain the time and place of hearing and a statement of the acts upon which the hearing will be based.

(15) Penalty. Any person adjudged in violation of any provision of this ordinance shall forfeit not less than one hundred dollars nor more than one thousand dollars for each violation per day plus all costs of prosecution. Each violation shall constitute a separate offense. In addition, in default of the forfeiture and cost of prosecution, or either of them, such convicted person shall be committed to and confined within the County Jail of Winnebago County, Wisconsin, until such fine and cost of prosecution are paid, but not to exceed 60 days.

9.03 CIGARETTES [Effective Date 11/18/99]

(1) License Required. No person shall in any manner, directly or indirectly, manufacture, sell, exchange, dispose of or give away or keep for sale any cigarettes without first obtaining a license therefor from the Town Clerk in the manner provided in Section 134.65, Wis. State Stats. This Section shall not apply to jobbers or manufacturers doing interstate business with customers outside Wisconsin.

(2) Fee. The fee for such cigarette license shall be $25.00 and the Treasurer's receipt therefor must be presented to the Clerk before he/she shall issue any license hereunder.

(3) Form of License. Expiration: Transfer. All cigarette licenses shall be signed by the Town Clerk and indicate thereon the name of the licensee and the place where he/she is authorized to conduct the licensed business and shall expire on June 30th next succeeding the date of issue.

9.04 DOGS/CATS - REGULATIONS AND LICENSING [Effective Date 10/03/90]

(1) State Laws Adopted. The provisions of Chapter 174, Wis. State Stats., exclusive of any penalties, are adopted by reference and made a part of this code, so far as applicable.

(2) License Required. Any person or entity owing, keeping, harboring or having custody of any dog or cat over five months of age within the Town of Menasha must obtain a license as herein provided, not otherwise licensed in another municipality. Every owner of a dog/cat more than five months of age on January 1 of any year, or five months of age within the license year shall annually, or within 30 days from the date such dog/cat becomes five months of age, at the time and in the manner provided by law for the payment of personal property taxes, pay to the Town of Menasha their dog/cat license fee and obtain a license therefor.

(3) License Fees. The license fees for neutered male or spayed female dogs, upon presentation of evidence attesting to the same, and the license fee for unneutered male or unspayed female dogs shall be the same cost as established by Winnebago County. The license fee for cats shall be the same as established for dogs. A late fee of $5.00 shall be assessed the owner of each dog/cat five months of age or over who fails to obtain a dog/cat license by April 1 of each year. [Effective Date 01/10/94]

(a) Upon acceptance of the license application and fee, the licensing authority shall issue a durable tag stamped with the identifying number and the year of issuance. Tags should be designed so that they may be conveniently fastened or riveted to the animal's collar or harness.

(b) Dogs and cats shall wear license and rabies vaccination tags at all times. Exception: Show dogs or cats during competition.

  1. A duplicate license may be obtained upon payment of a $1.00 replacement fee.

(4)Kennel License per Wis. State Stats. 174.053. Every operator of a kennel shall on January 1 of each year, or upon commencement of operation, pay to the Town Treasurer, or agent, the establishment kennel license fee and obtain a license therefor. Kennel operators must have dogs and cats vaccinated. Kennel operators are not required to license individual animals. No kennel fee is to be required of any veterinary hospital (or clinic) or animal shelter. Kennel location is subject to applicable zoning and other Town regulations.

(a) "Kennel" is any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling of dogs or cats.

(b) An annual license shall be issued upon payment of the applicable fee. Application and a fee of $35.00 for a kennel of 12 or fewer dogs and/or cats and an addition $3.00 for each dog and/or cat in excess of 12.

(c) Upon payment of the required kennel license fee and upon presentation of evidence that all dogs and/or cats over five months of age are currently immunized against rabies, the Town Treasurer shall issue the kennel license and a number of tags equal to the number of dogs and or cats authorized to be kept in the kennel.

(d) Any operator of a kennel may be considered exempt from this section, or grandfathered, if they file a notice of exemption with the Town Treasurer by January 1, 1989.

(5) Dogs/Cats Not to Run at Large. No person shall permit their dog/cat to run at large within the Town of Menasha at any time. A dog/cat shall not be considered running at large when it is accompanied by its owner, a member of the owner's family, or any employee of the owner, and under its immediate control except that no dog/cat shall be allowed in any public park in the Town of Menasha at any time.

(6) Prohibited Acts. No person shall wrongfully remove the collar, license number or muzzle from, or shall wrongfully kill, maim, entice or carry away any dog/cat licensed hereunder.

(7) Vicious Dogs/Cats Prohibited. No person shall knowingly keep or harbor a vicious dog/cat that is known to have bitten a human being.

(a) "Vicious Animal" is any animal that, when unprovoked, inflicts bites, injures, kills, or attacks a human being or domestic animal on either public or private property.

(b) Exceptions. Notwithstanding the definition of a "Vicious Animal" above:

(1) No animal may be declared vicious if death, injury or damage is sustained by a person who, at the time such was sustained, was committing a trespass of the land or criminal trespass of the dwelling upon premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime or violating or attempting to violate an ordinance which protects person or property.

(2) No animal may be declared vicious if death, injury or damage was sustained by a domestic animal, which, at the time such was sustained, was teasing, tormenting, abusing, or assaulting the animal.

(3) No animal may be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.

(4) No animal may be declared vicious for acts committed by said animal while being utilized by a law enforcement agency for law enforcement purposes while under the control and direction of a law enforcement officer.

(8) Howling Dogs/Cats Prohibited. No person shall keep or harbor a dog which frequently or habitually barks, yelps or howls. No person shall keep or harbor a cat which frequently or habitually howls.

(9) Restrictions on Keeping of Dogs/Cats. It shall be unlawful for any person within the Town of Menasha to own, harbor or keep any dog/cat which:

(a) Habitually pursues any vehicle upon any public street, alley or highway in the Town.

(b) Assaults or attacks any person.

(c) Is at large within the limits of the Town.

(d) Habitually barks or howls to the annoyance of any person(s).

(e) Kills, wounds, or worries any domestic animal.

(f) Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.

(10) Animal Excreta. The owner or person having immediate control of any animal shall promptly remove and dispose of, in a sanitary manner, any excreta left or deposited by the animal upon any public or private property.

(11) Duty of Owner in Case of Dog/Cat Bite. Every owner or person harboring or keeping a dog/cat who knows that such dog/cat has bitten any person shall immediately report such fact to the Police Department and shall keep such dog/cat confined for not less than fourteen days or for such period of time as the Police Department shall direct. The owner or keeper of any such dog/cat shall surrender the dog/cat to any Town Police Officer upon demand for examination.

(12) Impounding or Killing of Dogs/Cats. In addition to any penalty hereinafter provided for a violation of this section, any person may confine any dog/cat; or any Police Officer of the Town may impound or euthanasia any dog/cat which habitually pursues any vehicle upon any street, alley or highway of this Town, assaults or attacks any person, is at large within the Town, habitually barks, or howls, kills, wounds or worries any domestic animal or is infected with rabies. Confinement by any person as defined in this section shall be reported to the Police Department immediately. Possession of dogs/cats impounded under this section may be obtained by paying $20.00 to the Town Treasury plus any costs incurred for each day or fraction there of the dog/cat has been so impounded. Dogs/Cats impounded for a period of seven days shall be destroyed by or under the direction of the Police Department, in accordance with Section 174.10(2), Wis. State Stats.

(13) No person or residential dwelling, regardless of the number of occupants, shall keep, maintain or harbor more than four animals (i.e. four dogs and zero cats; or three dogs, and one cat; or two dogs and two cats; or one dog and three cats; or zero dogs and four cats) over the age of three months within any residential district of the Town of Menasha, Winnebago County, Wisconsin. "Residential District" means: any part of parcel of land within the limits of the said Town of Menasha on which five or more residences are occupied within a distance of one thousand (1,000) feet of each other, excluding agricultural zoning.

(a) Any person desiring to be exempt from the four-animal limit, described above, who does not qualify for a kennel license, shall have the right to request the granting of a variance/exemption to the four-animal limit. The applicant requesting the exemption shall state the reasons and request for exemption and submit the written request to the Town Clerk. The Town Board shall then schedule the matter for the next Town Board Meeting. The Town Board shall then review the request and either approve or deny the request for exemption. The exemption shall then be reviewed on an annual basis, unless there is any complaint of any Town resident prior to the annual review, which would then result in an immediate review of the exemption.

(14) Any violation of this chapter shall constitute a fine consistent with the current ordinance bond schedule on file in the Police Department, which includes court costs and penalty assessments. [Adopted 12/18/95]

9.05 JUNK DEALERS

(1) License Required. No person shall keep or maintain in the Town any building or yard for the keeping or storing in commercial quantities or for dealing in any old, used or secondhand materials of any kind including rags, paper, rubbish, bottles, rubber, iron or other metals or junked motor vehicles or the parts thereof without first having obtained a license as hereinafter provided.

(2) Application for License. Every application for a Junk Dealer's License shall be in writing and shall contain the name and address of the person applying for such license, and proposed location of the business and a detailed account of the type of materials to be dealt in or stored.

(3) Issuance of License, Fees. Whenever it shall appear that the proposed location of such yard or business and the types of materials to be collected and stored are suitable and proper with regard to the public health, safety and welfare and whenever it shall further appear that such business shall not be or become a fire hazard and shall not be a public nuisance by reason of foul, noise or unsightliness, the Town Board shall authorize and the Town Clerk shall issue a Junk Dealer's License. The fee for such license shall be $50.00 per year or fraction thereof and shall terminate on June 30 in each year.

(4) Revocation of License. Any Junk Dealer's License may be revoked by the Town Board whenever it shall appear that such business is conducted in such a manner as to create a public nuisance or upon conviction of such licensee for violation of any state law or town ordinance pertaining to junk dealers.

(5) All licenses shall be issued as of July 1 and shall continue in force until June 30 next succeeding the date of issuance thereof unless sooner revoked as provided by law.

(6) In no event shall a license be issued to any person or persons, association, partnership, firm, or corporation to carry on and do any of the things enumerated in Sections 1 to 3 of this ordinance on premises not heretofore used for such purposes within 500 feet of any dwelling house or 1,000 feet of any public highway within said Town of Menasha.

(7) Premises licensed under this ordinance for the purpose of carrying on a junk yard or storing of junk shall be enclosed by a substantial fence 7 feet in height and shall be painted in a suitable manner and which shall effectively conceal the things within the enclosed fence from the view of the streets and highways.

(8) At no time or times no old iron, scrap iron, old bottles, old rags, papers, old automobile tires, rubber, brass, steel or other materials of any and all types shall be piled 7 feet in height or be exposed above the enclosure of any junk yard.

(9) Each licensee shall keep his junk yard in a sanitary condition complying with Town and State laws relating to sanitary condition and rules and regulations of the local Board of Health and shall keep inflammable material in such condition that there will be a minimum danger from fire and it shall be the duty of the Town Board of the Town of Menasha to cause to be inspected every such junk yard periodically.

(10) Every licensee shall permit inspection of their premises and any junk by duly authorized representatives of the Town Board at all reasonable hours.

9.06 AMUSEMENTS - REGULATION AND LICENSING [Adopted 07/10/89]

(1) License Required. No person, firm, partnership, or corporation shall be allowed to exhibit or hold any show, exhibition, contest, caravan, circus, carnival, menagerie, concert, musical entertainment, theatrical performance or vaudeville performance within the Town of Menasha without first obtaining a license as herein required. License shall either be individual and/or annual as follows:

(a) Individual. Any amusement which requires a structure to be altered or constructed so as to require and inspection to ensure the safety to the public.

(b) Annual. Any amusement which is part of the day-to-day operations of the business where any structure or building on the premises is not altered or constructed in such a fashion as to create a safety hazard to the public.

(2) Application. Every application for an amusement license shall be made upon a blank form furnished by the Town Clerk who shall verify the contents of which shall be the name, place of residence, age, and occupation of the applicant, the purpose(s) for which a license is desired, and the place where and the time when, and the terms for which the applicant proposes to carry on the amusement to be licensed. The completed application for a license shall be filed with the Town Clerk on or before thirty (30) days prior to the first day of the amusement.

(a) Individual. Commencement and expiration of the license shall be for one day, including evening, or from day to day or other specified time, as the case may be.

(b) Annual. Commencement shall be on a specified date as approved by the Town Board and shall expire on June 30th next succeeding the date of issue.

(3) Investigation, Approval and Issuance. Upon receipt of each such application, the Town Clerk shall immediately institute such investigation of applicants business and moral character as they deems necessary for the protection of the public good, and shall endorse their approval or disapproval upon said application. The Town Board, at the next scheduled Town Board Meeting shall approve or deny the license. The Town Clerk shall issue or deny the license only as directed by the Town Board, and the Town Clerk shall only issue the license after presentation by the applicant of a receipt by the Town Treasurer showing payment of the required fee, in full.

(4) Fee. All amusement licenses shall be signed by the Town Clerk and indicate thereon the name of the licensee and the place where they are authorized to conduct the licensed business. All license fees shall be paid in full to the Town Treasurer by the applicant prior to the issuance of any license by the Town Clerk.

(a)Individual. The individual licensee fee shall be as follows:

$100.00 setup fee with a required $150.00 escrow for reinspections to be charged at the rate of $15.00 per hour.

(b) Annual. The annual license fee shall be as follows:

$25.00 per year.[Adopted 07/10/89]

9.07 TRACKS

(1) License Required. No person, firm, partnership or corporation shall be allowed to operate or maintain or allow upon any premises in the Town of Menasha any racetrack, stock car track, karting track or any track or concourse not a public highway upon which any gasoline engine, electric engine or steam engine propelled vehicle shall travel without first obtaining a license as herein required. This Section shall not apply to snowmobile event or track regulated under Chapter 4 of the Municipal Code of the Town of Menasha. License period hereunder shall be semiannual and shall expire April 30 or October 30 following the date of issuance.

(2) Application. Every application for a license shall be made upon a blank furnished by the Town Clerk and verified and shall contain the name, place of residence, age, and occupation of the applicant, the purposes for which a license is desired, and the place where and the time when and the terms and conditions for which they purpose to carry on the track or concourse to be licensed.

(3) Issuance. Upon the filing of the application as provided in the preceding Section, the Town Board shall, upon the approval of such application and the payment to the Town Clerk or Town Treasurer of the license hereinafter provided, issue to the applicant a license. The semiannual license fee hereunder shall be one hundred fifty ($150.00) dollars. Said license issued shall continue in force until April 30 or October 30 next succeeding the date of issuance thereof unless sooner revoked as provided by law.

(4) Use of Premises. The licensed premises shall at all times be kept, maintained and used in strict conformity with the provisions of any state law, county, or town ordinance or by by-law and the rules and regulations of every public authority pertaining thereto.

(5) Revocation. Upon sufficient verified complaint stating the facts of such violation, being made in writing by any town official or resident of the town to the Town Clerk that any licensee has violated any of the provisions of this ordinance or of law, the Town Board shall upon ten (10) days notice summon such licensee to appear before it at the time specified in the summons, a copy of said complaint being served therewith, to show cause why the license shall not be revoked. The Board shall proceed to hear the matter and if it finds the allegations of the said complaint are correct, the license shall be revoked. Whenever any license shall be revoked, no fund or any unearned portion of the fee therefor shall be made and no license shall be granted to any person, firm, partnership, or corporation whose license has been revoked within a period of three (3) years from the date of such revocation.

(6) All licensees shall issue to the Town Board an annual $1,000 surety or cash bond, to guarantee that track premises shall be restored to its prior, natural condition (state); and, in case of established tracks, permanent in nature, said bond shall be issued to guarantee that at the finish of each track sport season, all race vehicles covered by this ordinance shall be removed from the licensed premises. This bond requirement shall be a condition precedent to the issuance of a license under paragraph (1) above.

9.08 PUBLIC DANCES [Recreated 9/9/96]

(1) Permit Required. No person or business shall hold a public dance in the Town of Menasha without obtaining a permit from the Town Clerk and payment of the permit fee. The permit shall in no way be construed to affect existing or future zoning or land use. application for the permit shall be in writing on a form provided by the Town Clerk at least ten (10) business days before the proposed date of the dance.[Revised 1/27/97]

(2) Permit Fees are as stated in the official schedule of license/permit fees. A permit fee shall be required at the time of application. Permits shall be issued for one day (24 hours).

(3) Definitions. Public dance means any dance to which the public generally may gain admission with or without payment of a fee. Facility means any room, place or space in which a public dance may be held.

(4) Health and Fire Regulations. No license for a public dance shall be issued until such facility complies with and conforms to all ordinances, health and fire regulations of the Town and that it is properly ventilated and supplied with a sufficient toilet convenience and is a safe and proper place for the purpose for which it is to be used.

(5) Sanitation, Public Safety and Good Order. All public dance facilities shall be kept at all times in a clean, healthful and sanitary condition, all stairways and outer passages and all rooms connected with the dance hall, kept open and well lighted. Any Police Officer shall cause the place, hall or room where any dance is held or given to be vacated whenever any provision of any ordinance is being violated, or whenever any indecent act shall be committed or when any disorder of a gross, violent or vulgar character shall take place.

(6) Obscenity, Lewdness, Etc. No person, proprietor or association of persons shall give, conduct, permit or allow in any dance hall in the Town any obscene, immoral, indecent or lewd act, dance or conduct.

(7) Powers and Duties of Chief of Police. The Chief of Police or any member of their department may enter or cause to be entered any dance arrest any person violating any of the provisions of this Section; and no person shall obstruct, resist, or interfere with the Police in the performance of any act authorized by this section.

(8) Indecent Act(s), Disorderly Conduct. Disorder of a gross, violent or vulgar character obscenity, lewdness, and obscene, immoral, indecent or lewd act, dance or conduct shall be as defined in Chapter 7, Municipal Code of the Town of Menasha.

(9) Penalty. Failure to obtain a dance permit shall be assessed at not less than $10.00 per event and no more than $200.00 per event. Second offense shall be assessed at the rate of not less than $200.00 per event and no more than $500.00 per event.

9.09 ANNUAL LICENSE PERIODS

All licenses required by this Chapter and by any other Chapters of the Town of Menasha ordinances shall have an annual license period from July 1 of each year to June 30 of the year following the date of issue, unless otherwise specified under any other specific provision of this Code.

9.10 COMMUNITY ANTENNA TELEVISION FRANCHISE

(1) Franchise or License to be Issued

(a) License Required. No person, firm, or corporation shall operate a community antenna television system in the Town of Menasha for the production, interception, sale or distribution of television signals closed circuit and otherwise via coaxial cable to any person or to subscribers in the Town of Menasha without first obtaining a license. Therefore, the license required by this Section shall only be granted by the Town Board, providing all of the requirements of the Section are met. Any license granted hereunder shall not be exclusive and the Town Board as it sees fit may grant additional licenses if it deems it to be in the public interest to do so.

(b) Public Hearing Required. No licenses shall be granted hereunder prior to the Town Board holding a public hearing. Notice of said hearing shall be published at least twice, 20 days in advance, in the manner and in the newspaper required by the Town for publication of legal notices. At said public hearing, applicants for a franchise having made application 48 hours prior to said hearing by filing an application for franchise shall be heard, and the Town board shall examine other qualifications and the adequacy and feasibility of its construction arrangements.

(2) Construction Requirements. The licensee is prohibited from erecting and maintaining any of its equipment on any structures, poles or facilities for such cable on any of the streets or roadways of the Town of Menasha, except as authorized by this Section. That transmission shall be made only upon the public utility facilities of the Wisconsin Telephone Company, Wisconsin Michigan Power Company, or the Town of Menasha, or their successors in interest. Such licensee shall obtain the necessary permission for the installation and maintenance of such facilities from the Wisconsin Telephone Company, the Wisconsin Michigan Power Company, or the Town of Menasha, or their successors in interest. That the requirements of this Section may be waived upon specific application to the Town Board to vary the terms of this provision to accommodate the installation of separate facilities where such facilities are necessary.

(3) Franchise Term. The license hereunder shall be granted for the initial term of ten (10) years with a right of renewal at the option of the Town Board, for succeeding periods of ten (10) years.

(4) Termination of Franchise. Any license granted pursuant to this ordinance may be terminated for any violation of this ordinance at any time by resolution of the Town Board, and ninety (90) day notice to licensee, provided, however, that in case of emergency, or as a measure to safeguard the health and safety or welfare of the Town or its inhabitants, the Town Board may prescribe a shorter time. If removal of the equipment is not made by the licensee in the time required, or in case of emergency, the Town Board may cause the same to be removed at the licensee's expense without notice. The licensee shall furnish a performance bond in the amount of $100,000 to insure removal of its equipment in accordance with this Section.

(5) Assignment Limited. Licenses granted herein may be assigned only with the written consent of the Town Board of the Town of Menasha. That there shall be no assignment of the rights under the license during the first five (5) years subsequent to the granting of a license hereunder, except by petition of the Town Board. That any assignment thereafter shall be subject to all of the terms and conditions of this ordinance and shall be with the approval of the Town Board of the Town of Menasha. The licensee shall be required to notify the Town Board when there is a change in the controlling interest of such licensee. If the license is a corporation, the licensee shall furnish the Town a list of stockholders showing the names of stockholders who hold or own more than 5% of the shares in said corporation, and that said list shall be kept up to date at all times with a change of said ownership being noticed to the Town Board within thirty (30) days subsequent to said change.

(6) Franchise Fee. The license tax or permit fees that the company shall pay, shall be five hundred dollars ($500.00) upon the initial grant of the franchise and upon any renewal period thereon. In addition, the company shall annually pay 3% of its annual gross subscriber revenues to the Town during the term that the licensee holds such franchise. A certified statement showing the annual gross subscriber revenues from the Township for each fiscal year covered by the franchise shall be submitted to the Town to substantiate the sums paid pursuant to the above provision. That the payment of the franchise tax shall be made on the 31st day of January for each year. That any statements made to the Town Board shall be confidential, except with the consent of the licensee, shall be open for review only by the Town Board of the Town of Menasha unless said items become material in any judicial proceeding whereupon they may be introduced in evidence therein by order of the Court. Gross subscriber revenue (defined) shall mean to include revenues derived from the supplying of regular subscriber services including the installation fees, disconnect and reconnect fees, and fees for regular cable benefits including the transmission of broadcast signals and access and origination channels if any. (It does not include revenues derived from per-program or per-channel channel charges, leased channel-revenues, advertising revenues, or any other income derived from the system.)

(7)Time Allowed for Construction; Service Area. The licensee shall, within six (6) months from the date of the grant of the license hereunder, furnish to the Town, complete plans and specifications for the construction of its plant and distribution system for the approval of the Town Board. Upon approval, licensee shall complete 25% of construction over the proposed service area within one (1) year after receiving a certificate of authority from the Federal Communication Commission and shall complete the plant contemplated by such plans and specifications within two (2) years after certification. The licensee shall be required as facilities are extended to cover the entire area of the Town, to permit any person to have access to its fees, if any, and monthly charges, provided that the licensee shall not be required to extend its services to any portion of the Town unless the area to be served shall be a minimum of sixty (60) homes per lineal mile and shall be contiguous to an area then being served by the licensee. The licensee shall furnish service to all applicants, whose residence or commercial establishments are contiguous to the main cable or lateral cables as set out above, within sixty (60) days after the filing of a written application for service. Delays in the performance of the licensee's obligations under this ordinance which are caused by strikes, equipment shortages, a state of war, acts of God, or other circumstances beyond the control of the licensee, shall not be construed to be violations of this ordinance, and a reasonable extension of time shall be granted by the Town Board upon application therefore.

(a) Subscription Not Required. It is provided herein that it should not be mandatory for any citizen of the Town to subscribe to the services provided by the licensee. Subscribers shall not be required to subscribe to the licensee's service for any length of time.

(b) Underground Installation. The licensee shall place all trunk and distribution plant facilities underground where other utilities are underground, and may do so elsewhere in its system subject to prior approval of the Town Board.

(c) Provisions of the Introductory paragraph of 9.11(7) regarding density requirements of homes or residences shall be interpreted by the Town of Menasha Board of Supervisors in such a manner as to provide the most desirable service to potential and existing customers.[Revised 2/11/85]

(8) Installation Standards. The licensee shall install and maintain and operate its system in accordance with good engineering practice sufficient to comply with all existing Town of Menasha regulations, and state law, Federal Communication Commission regulations, and such installations of equipment shall be of a permanent nature, durable and operable in such a manner as to render efficient service.

(a) Service Office. The licensee shall establish a service and maintenance office in one of the following localities: Town of Menasha, City of Appleton, City of Neenah, City of Oshkosh. The service office shall be staffed by competent and trained employees qualified to service complaints and correct malfunctions. The licensee is required to respond to all service calls within 24 hours of said call, and shall be required to have its office available to receive service calls or complaints twenty-four (24) hours per day.

(b) Repairs and Service. Whenever it is necessary to interrupt or shut off service for the purpose of making repairs, adjustments, or installations, the licensee shall do so at such time as will cause the least amount of inconvenience to his customers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers.

(c) Signal Interference Prohibited. The licensee at all times shall operate its system so as not to interfere with the existing reception and shall prevent radiation from the licensee's facilities to the antennas in the Town. In the event that the licensee's operation should interfere with existing reception or should radiation exist from the licensee's cables to any antenna in the Town, the company shall make immediate correction for such interference to remedy the same.

(9)Conditions of Street Occupancy. All transmission and distribution structures, lines and equipment erected by the licensee within the Town shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights or reasonable convenience or of property owners who adjoin the said streets, alleys, or public ways and places. In the case of any disturbance of pavement, sidewalk, driveway, or other surfacing, or any private property, the licensee shall at its own cost and expense and in any matter approved by the Town, replace and restore all paving, sidewalk, driveway, or other surface of any street or alley or private property disturbed, and shall restore the same to as good condition as before the said work was commenced, then shall maintain the restoration in an approved condition for a period of at least one (1) year. The licensee shall, upon the request of any person holding a building moving permit issued by the Town, temporarily raise or lower its wires or cables to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires or cables shall be paid by the person requesting the same and the licensee shall have the authority to require such payment in advance. The licensee shall be given not less than forty-eight (48) hours advanced notice to arrange for such temporary changes. The same temporary removal condition shall apply in any other situations where such temporary removal or raising or lowering of wires or cables is necessary pursuant to order of the Town of Menasha or other State or municipal authorities. The protection of or moving of cables at the request of the Town or Town Sanitary District will be free of cost to the Town of Menasha.

(10) Indemnification and Hold Harmless; Insurance. The licensee shall indemnify and save harmless the Town of Menasha and all agents, officers, and employees and representatives, thereof from all claims, demands, causes of action, damages, costs, including attorney fees, and expense of investigations and litigation of claims and suits thereon, which shall arise from or are based on the installation, use, maintenance, presence, or removal of any equipment or apparatus of such community antenna television systems. In order to secure performance thereof, the licensee shall obtain and file with the Town Clerk, and at all times, keep in force a public liability policy of insurance, insuring the licensee and the Town of Menasha against any and all hazards of liability of not less than $100,000 property damage and $1,000,000.00 bodily injury coverage for any one accident, act, omission or occurrence.

(11) Federal Communications Commission Rules to Apply. The licensee shall comply fully with all Federal Communication Commission rules and regulations as may be presently in effect or may become effective in the future and all other Federal and State rules and regulations applicable to community antenna television systems. Any and all modifications of Section 76.31 of the Federal Communications Commission rules resulting from amendment of said rules by the Commission shall be incorporated into this ordinance within one year of the adoption of the modification by the Federal Communications Commission, or at the time of franchise renewal, which ever event shall first occur. Compliance with all Federal Communications Commission rules or modifications thereof shall be a condition for continuance of any franchise.

(12) Service to Schools and Public Buildings. The licensee shall furnish its monthly service free of charge, to all of the elementary and high schools within the school district of which the Town of Menasha is a part. This provision shall be applicable only to schools which are located within the municipality whether or not the school district serving the Township extends beyond the boundaries of the Town of Menasha. The company shall connect one television set in each school free of installation or distribution service charges. The company shall connect additional television sets in the schools upon request of the Town. The installation charge for such additional sets shall be the actual cost of labor and materials. There shall be no monthly service charge for any additional sets. Education programs available under the appropriate Federal Communication Commission rules and regulations and upon consultation with the designated school authorities shall be made available to the schools covered hereunder. That further the company shall extend services to any public building within the limits of this franchise and shall connect one television set in each building free of installation or distribution service charges. Additional television sets in any public building shall be connected upon the request of the Town. The Town shall pay the actual cost of materials and labor for any additional charge for the initial television set connection, nor shall there be any monthly service charge for any additional sets.

(13) Rates Established. Unless superseded by state or federal regulations, the Town of Menasha retains jurisdiction to establish rates for installation charges for customer service for a period of two years from the first operations under the franchise. All such rates shall be fair, just, and reasonable. Before services are furnished to any customers, the licensee shall file with the Town Clerk, a schedule of proposed rates and installation charges. No rate during the first two years of operation shall exceed the highest rate charged customers of cable services in the City of Appleton or the City of Menasha. Before any rate changes are effective, the licensee shall file with the Town Board for approval by the Town Board a schedule of the proposed change in rates and installation charges.

"Operation" under the franchise shall mean when the first service is made to customers in the Town of Menasha.

Before any increase charge is made to the customer notice by regular mail shall be given at least 60 days in advance of the proposed increase, the effective date and the amount of increase.

(14) Conflicts of Laws. In the event of any valid law, rule, or regulation of any governing authority or agency having jurisdiction, including but not limited to, the Federal Communication Commission, contravenes the provisions of this ordinance, then the provisions hereof shall be superseded by any valid law, rule, or regulation to the extent that the provisions hereof are in conflict and contrary to any such law, rule, or regulation. That each section of this ordinance in each part of each section hereof is hereby declared to be an independent section or part of section and the holding of any section or part thereof to be constitutional, void, illegal, in effect of, or contrary to the provisions of the ordinances of the Town, State or Federal regulation, or any amendments thereto, for any reason, shall not affect any other section or part of section of this ordinance.

(15) Examination of Records. Licensee agrees to give to the Town of Menasha the right of examination of all its records and its equipment to secure full compliance with this ordinance. Such examinations shall be at reasonable time and may be conducted by the Town Board or other persons authorized by the Town Board.

(16) Notice to Parties. Whenever by the terms of this ordinance notice as required to be given by the Town to the company, it shall be given by mail or by leaving a writing thereof during the ordinary business hours at the principal offices of the licensee. Whenever the company is required to give notice to the Town, it shall be given by mail or by leaving a writing thereof at the offices of the Town during its business hours.

(17) Additional Regulations. The right is hereby reserved to the Town to adopt an addition to the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power, not in conflict with the rights granted herein. The Town further reserves the right to supervise all construction performed hereunder, and makes such inspections as it shall find necessary to insure compliance with the governing ordinances and the ordinance herein.

(18) Termination by Bankruptcy or Receivership. In the event of any act of bankruptcy, receivership, or assignment for the benefit of creditors of the licensee or its assignments, all rights granted under this ordinance are terminated.

(19)Limitations on Business of Licensee. The licensee shall not engage in any business in the area of this franchise other than the operation of its cable television system authorized pursuant to this ordinance. The licensee shall not service television sets or sell television sets in competition with any service or sales firm located within the area which the cable television system is operating. The licensee, however, shall maintain service operations to correct faulty adjustments, correct faulty cables, or leads to any subscriber's premises or building, or to correct any other defect causing interference with the transmission of its signal to the subscriber's premises or building. That service for such defects or interruptions in service shall be made promptly upon notice to the licensee by any subscriber to the service provided herein.

(20) Annexation of Portions of Town. In the event that any portion of the Town of Menasha should be legally annexed by an adjoining municipality, all rights granted to the licensee hereunder shall continue for the duration of the term of the license granted hereunder including succeeding option renewal periods provided under this ordinance. The licensee shall save the Town harmless from any costs of removal necessitated by such annexation and in the event removal is necessary, such removal shall be done promptly in the event the licensee shall not reach a satisfactory agreement with the new governing body. A removal of land or rights to land within the Township pursuant to annexations shall not be a cause for termination of this franchise as to portions of land annexed, or as to any other portions of land within the Township. The removal performance bond required pursuant to paragraph (4) of this ordinance shall also apply to insure the removal under this paragraph in the event the Town is required to remove the said equipment at any time at which the license is in effect or upon the termination of said license. The Town in no way shall be held liable under this contract for any required termination of services in any area of annexation where the Town shall legally be required to terminate that portion of the license area.

9.11 PENALTIES

(1) Intoxicating Liquor Section Penalties. The holder of any license under 9.01 of this code who shall violate Section 9.01 of this code or any of the provisions thereof or whose agents or employees shall do so or who, having had their or its license revoked, shall continue to operate such place of business, shall be deemed guilty of a misdemeanor and shall upon the due proof and conviction thereof be punished as follows:

(a) A violation of any provision of this ordinance where a like violation is covered, provided for and penalized by Chapter 66 of Chapter 176 of the Wis. State Stats. of 1971 shall be punished by a fine or not less than the minimum fine and not more than the maximum fine provided for by said Chapters for the said violation or offense, besides the costs of prosecution. And in default of the payment of any such fine and/or costs of prosecution, such guilty and convicted person shall be committed to and confined within the County Jail of Winnebago County, Wisconsin, until such fine and/or costs of prosecution are paid, but not to exceed 60 days.

(2) Each day of violation under this Section shall constitute a separate and distinct offense.

(3) A first violation of any other provision of this ordinance shall be punished by a fine of not less than $10.00 nor more than $100.00, besides the costs of prosecution; and on default of the payment of any such fine and/or costs of prosecution such person shall be committed to the County Jail of Winnebago County until such fine and costs are paid, but not to exceed 90 days.

(4) Any person violating this ordinance, who shall previously have been convicted of a violation of the same ordinance , shall, upon proof and conviction thereof, forfeit not less than $10.00 nor more than $200.00 together with the costs of prosecution, and in default of the payments and costs of prosecution, or either of them, such convicted person shall be committed to and confined within the County Jail of Winnebago County, Wisconsin, until such fine and costs of prosecution are paid, but not to exceed 6 months.

(5) Penalties set forth in Section 9.11 shall be in addition to penalty provisions in other Sections of Chapter 9, if any there be.

9.12 BICYCLE LICENSE REQUIRED [6/20/99]

(1) License Required. It shall be unlawful for any resident of the Town of Menasha to operate a bicycle upon any street in the Town of Menasha unless said bicycle is registered and tagged as provided by this ordinance in accordance with Wis. State Stats. 349.18(2). A "bicycle" for purposes of this ordinance is defined as:

"Bicycle" means every device propelled by the feet acting upon pedals and having wheels and 2 of which are not less than 14 inches in diameter.

(2) Registration. Each bicycle shall be registered by filing with the Police Department the name and address of the owner together with a complete description of the bicycle on forms provided by the said Police Department. Registration will be kept and license tags will be permanent. Registration shall be serially numbered and kept on file by the Police Department of the Town of Menasha. Upon such registration the said Department shall cause an identification tag to be affixed to the registered bicycle which shall serially be to be affixed to the registered bicycle which shall serially be numbered to correspond with the registration number. Such tag shall remain affixed to the bicycle unless removed by the said department for cause. In case of theft or loss, a new license number will be issued.

(3) Removal of Tags. No person shall willfully remove, deface or destroy any identification tag.

(4) Transfer or Nonuse. Within ten (10) days after any bicycle registered hereunder shall have changed ownership or have been dismantled or taken out of operation, the person in whose name the bicycle has been registered shall report such information to the Police Department of the Town of Menasha. In case of change of ownership, the registration shall thereupon be changed to show the name of the new owner. In case of dismantling and taking out of operation, the registration shall be canceled and the identification tag destroyed.

(5) State Code Adopted. State bicycle regulations and forfeiture laws as specifically referred to in this section are hereby adopted and by reference made part of this ordinance as it fully set forth herein. Any act required to be performed or prohibited by any Statue incorporated herein by reference is required or prohibited by this ordinance. Sections adopted hereby are as follows:

(a) 346.79(1), (2), (3), (4) - Special Rules Applicable to Bicycles

(b) 346.80(1), (2), (3), (4) - Riding Bicycle on Roadway

(c) 346.802(1)(a), (b); (2)(a), (b); (3); (4) - Riding Bicycle in Bicycle Lane

(d) 346.81(1), (2) - Lamps and Other Equipment on Bicycles

(6) Penalty

(a) Offenders under the age of 16 disregarding the rules and regulations of this ordinance may be processed by directing them to appear before the Municipal Court for the Town of Menasha, and may be penalized by the removal of registration from their bicycle for a period not to exceed thirty (30) days.

(b) Any person 16 years old or older may be issued a traffic citation and be subject to the penalties provided hereby. Any person operating an unlicensed or unregistered bicycle, or any person who operates a registered bicycle in a manner in violation of the provisions of this ordinance shall be fined not less than $2.00 nor more than $25.00, plus court costs. That upon failure to pay the said fines and forfeiture imposed hereby and the costs in addition thereto, a person found guilty of violations of this ordinance may be sentenced for a period not to exceed two (2) days in the County Jail for Winnebago County.

9.13 HOTEL AND MOTEL ROOM TAX: PERMIT & REGULATIONS

(1) Definitions

(a) In this section:

(1) "Hotel" or "motel" means a building or group of buildings in which the public may obtain accommodations for a consideration including, without limitation, such establishments as inns, motels, hotels, tourist homes, tourist houses or courts, lodging houses, rooming houses, summer camps, apartments hotels, resort lodges and cabins and any other buildings in which accommodations are available to the public, except accommodations rented for a continuous period of more than one month and accommodations furnished by any hospitals, sanitariums, or nursing homes, or by corporations or associations organized and operated exclusively for religious, charitable or educational purposes provided that no part of the net earnings of such corporations and associations inured to the benefit of any private shareholder or individual.

(2) "Gross receipts" has the meaning as defined in Wis. State Stats., Section 77.51(11)(a)(b) and (c) insofar as applicable.

(3) "Transient" means any person residing for a continuous period of less than one month in a hotel, motel, or other furnished accommodations available to the public.

(2) Room Tax

(a) Pursuant to Wis. State Stats., Section 66.75, a tax is hereby imposed on the privilege and service of furnishing, at retail, of rooms or lodging to transients by hotel keepers, motel operators, and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for the use of the accommodations. Such tax shall be at the rate of 3 percent of the gross receipts from such retail furnishing of rooms or lodging. Such tax shall not be subject to the selective sales tax imposed by Wis. Stats., Section 77.52(2). The proceeds of such tax shall be remitted quarterly to the Town Treasurer (hereafter referred to as "Treasurer").

The Treasurer shall direct 5% to the general fund, with the balance of the proceeds directed to the Fox Cities Convention and Tourist Bureau, to be used for the promotion of the Fox Cities as a convention location and tourist area.

(b) This section shall be administered by the Treasurer. The tax shall be payable quarterly and shall be due on the last day of the month next succeeding the calendar quarter for which imposed. A return shall be filed with the Treasurer by those furnishing at retail such rooms and lodging on or before the same date on which such tax is due and payable. Such return shall show the gross room receipts of the preceding calendar quarter from such retail furnishing of rooms or lodging, the amount of taxes imposed for such period and such other information as the Treasurer deems necessary. Every person required to file such quarterly return shall, with his first return, elect to file an annual calendar year or fiscal year return. Such annual return shall be filed within 90 days of the close of each such calendar or fiscal year.

The annual return shall summarize the quarterly returns, reconcile and adjust for errors in the quarterly returns, and shall contain certain such additional information as the Treasurer requires. Such annual returns shall be signed by the person required to file a return or his duly authorized agent. The Treasurer may, for good cause, extend the time of filing any return, but in no event longer than one month from the filing date.

(3) Permit and License

(a) Every person furnishing rooms or lodging under subsection 2(a) shall file with the Treasurer an application for a permit for each place of business. Every application for a permit shall be made upon a form prescribed by the Town Board and shall set forth the name under which the applicant transactor intends to transact business, the location of his place of business, and such other information as the Treasurer requires. The application shall be signed by the owner if a sole proprietor and, if not a sole proprietor, by the person authorized to act on behalf of such sellers. At the time of making an application the applicant shall pay the Town Treasurer an initial fee of $2.00 for each permit.

(b)After compliance with subsection 3(a) and subsection 4(d) by the applicant, the Treasurer shall grant and issue to each applicant a separate permit for each place of business within the Town. Such permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. It shall at all times be conspicuously displayed at the place for which issued.

(c) When any person fails to comply with this section, the Treasurer may upon, 10 day notification and after affording such person the opportunity to show cause why his permit should not be revoked, revoke or suspend any or all of the permits held by such person. The Treasurer shall give to such person written notice of the suspension or revocation of any of his permits. The Treasurer shall not issue a new permit after the revocation of a permit unless he is satisfied that the former holder of the permit will comply with the provisions of this section. A fee of $20.00 shall be imposed for the renewal or issuance of a permit which has been previously suspended or revoked.

(d) If any person liable for any amount of tax under this section sells out their business or stock of goods or quits the business, their successors or assigns shall withhold sufficient of the purchase price to cover such amount until the former owner produces a receipt from the Treasurer that it has been paid or a certificate stating that no amount is due. If a person subject to the tax imposed by this section fails to withhold such amount from the purchase price as required, he/she shall become personally liable for payment of the amount required to be withheld by him to extent of the price of the accommodations valued in money.

(e) The Treasurer may, by office audit, determine the tax required to be paid to the Town or the refund due to any person under this section. This determination may be made upon the basis of the facts contained in the return being audited or on the basis of the other information within the Town Treasurer's possession. One or more such office audit determinations may be made of the amount due for any one or for more than one period.

(f) The Treasurer may, be field audit, determine the tax required to be paid to the Town or the refund due to any person under this section. The determination may be made upon the basis of the facts contained in the return being audited or upon any other information within the Treasurer's possession. The Treasurer is authorized to examine and inspect the books, records, memoranda, and property of any person in order to verify the tax liability of that person or another person. Nothing herein shall prevent the Treasurer from making a determination of tax at any time.

(4) Failure to file

(a) If any person fails to file a return as required by this section, the Treasurer shall make an estimate of the amount of the gross receipts under subsection (3). Such estimate shall be made for the period from which such person failed to make a return and shall be based upon any information which is in the Treasurer's possession or may come into his possession. On the basis of this estimate, the Treasurer shall compute and determine the amount required to be paid to the Town, adding to the sum arrived at a penalty equal to 10 percent thereof. One or more such determinations may be made for one or more than one period.

(b) All unpaid taxes under this section shall bear interest at the rate of 7 percent per annum from the due date of the return until the first day of the month following the month in which the tax is paid or deposited with the Treasurer. All refunded taxes shall bear interest at 7 percent per annum from the due date of the return until the first day of the month following the month in which said taxes are refunded. An extension of time within which to file a return shall not operate to extend the due date of the return for purposes of interest computation. If the Treasurer determines that any overpayment of tax has been made intentionally or by reason of carelessness or neglect, or if the tax which was overpaid was not accompanied by a complete return, it shall not allow any interest thereon.

(1) Delinquent tax returns shall be subject to a $10.00 late filing fee. The tax imposed by this section shall become delinquent if not paid.

(1) In the case of a timely filed return, within 30 days after the due date of the return, or within 30 days after the expiration of an extension period if one has been granted.

(2) In the case of no return filed or a return filed late, by the due date of the return.

(c) If due to negligence no return is filed, or a return is filed late, or an incorrect return is filed, the entire tax finally determined shall be subject to a penalty of 25 percent of the tax, exclusive of any interest or other penalties. If a person fails to file a return when due or files a false or fraudulent return with the intent in either case to defeat or evade the tax imposed by this section, a penalty of 50 percent shall be added to the tax required to be paid, exclusive of interest and other penalties.

(d) In order to protect the revenue of the Town, the Treasurer may require any person liable for the tax imposed by this section to place with him, before or after a permit is issued, such security, not in an excess of an amount equal to the maximum possible revenue to be derived from said property per quarter of operation to be determined by the Treasurer. If any taxpayer fails or refuses to place such security the Treasurer may refuse or revoke such permit. If any taxpayer is delinquent in the payment of the taxes imposed by this section, the Treasurer may, upon 10 days notice, recover the taxes, interest and penalties from the security placed with the Treasurer by such taxpayer. No interest shall be paid or allowed by the Town to any person for the deposit of such security.

(e) Every person liable for the tax imposed by this section shall keep or cause to be kept such records, receipts, invoices and other pertinent information essential to the proper recording and payment of said tax.

(5) Confidentiality

(a) All tax returns, schedules, exhibits, writings, or audit reports relating to such returns, on file with the Treasurer are deemed to be confidential, except the Treasurer may divulge their contents to the following and no others:

(1) The person who filed the return.

(2) Officers, agents, or employees of the Federal Internal Revenue Service or the State Department of Revenue.

(3) Officers, employees, or agents of the Town of Menasha as may be necessary to enforce collection.

(b) No person having an administrative duty under this section shall make known in any manner to business affairs, operations or information obtained by an investigation of records of any person on whom a tax is imposed by this section, or the amount or source of income, profits, losses, expenditures, or any particular thereof set forth or disclosed in any return, or to permit any return or copy thereof to be seen or examined by any person, except as provided in subsection (a).

(6) Fines and Forfeitures

(a) Any person who is subject to the tax imposed by this section who fails to obtain a permit as required in subsection (3) or who fails or refuses to permit the inspection of his records by the Treasurer after such inspection has been duly requested by the Treasurer, or who fails to file a return as provided in this section, or who violates any provision of this section, shall be subject to a forfeiture not to exceed $200. Each day, or portion thereof, that such violation continues is hereby deemed to constitute a separate offense.

(7) Severability.

(a) The provisions of this ordinance shall be deemed severable, and it is expressly declared that the Town Board would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid, and if any provision of this ordinance or the application thereof to any person, firm, association or corporation is held invalid, the remainder of the ordinance and the application of said provisions to other persons, firms, associations or corporations shall not be affected thereby.

(8) Effective Date - This ordinance shall become effective November 1, 1985.

9.14 REAL ESTATE INQUIRY FEE

(1) All real estate inquiries must be submitted in writing on a Real Estate Inquiry Request form.

(2) Processing fee: $10.00 per form.[Effective 11/11/86]

9.15 MISCELLANEOUS PROCESSING FEES

(1) Sanitary District Annexation, Street Vacation, Street/Road Name Changes. Any "Petitioner" (i.e., any person, business, corporation, partnership or entity) that petitions for any sanitary district annexation, street vacation, or street/road name change shall pay all actual costs to complete such action. All petitions for sanitary district annexations, street vacations and street or road name changes shall be invoiced by the Town Clerk to the petitioner for actual costs incurred by such action. "Actual costs" as defined in this paragraph are as follows: recording fees, mailing/postage expenses, publication costs. "Petitioner", as defined in this paragraph, is the party requesting the particular action.[Adopted 4/10/95]

(2) Any person requesting a certified and notarized Town of Menasha residency letter shall be charged $2.00 per letter.[Adopted 4/10/95]

9.16 SECURITY GUARD PERMIT [Adopted 11/13/95]

The Town Clerk or designee may issue a Security Guard Permit subject to the following conditions:

(1) A written applications, as provided by the Town Clerk, shall be filed with the Town Clerk by a person requesting said application, setting forth the name, residence, telephone number, birth date, drivers license number together with such pertinent information as to character and fitness as the Town Clerk may require.

(2) At the time of application, the applicant shall pay to the Town Treasurer a fee in the amount of fifteen dollars ($15.00) for a two-year permit. Included in the license fee, is the current cost of obtaining a criminal investigation check through the Department of Justice.

(3) The Police Department will receive the application for screening and recommend approval or denial of the permit.

(4) After the Town Board of Supervisors has approved the application, the Town Clerk's office will issue the permit for a period of two years from date of Town Board approval.

9.17 PAWNBROKERS AND SECONDHAND ARTICLE AND SECONDHAND JEWELRY DEALERS SECONDHAND ARTICLE DEALERS MALL AND FLEA MARKETS

[Adopted 5/20/96]

(1) State Law Adopted

(a) The provisions of Wis. State Stats. 134.71, relating to pawnbrokers and secondhand article, secondhand jewelry dealers, secondhand article dealer mall and flea market, exclusive of the definition of secondhand article dealer, and any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statutes are hereby adopted and made a part of this section by reference. A violation of any such provision shall be a violation of this section.

(b) Definition of Secondhand Article Dealer

Secondhand article dealer in this section means any person other than an auctioneer, who primarily engages in the business of purchasing or selling secondhand articles, except when engaging in any of the following:

(1) Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show, a convention or an auction.

(2) Any transaction entered into by a person while engaged in a business for which the person is licensed or while engaged in the business of junk collector, junk dealer, or scrap processor, as described in Wis. State Stats. 70.995(2)(x).

(3) Any transaction while operating as a charitable organization or conducting a sale the proceeds of which are donated to a charitable organization.

(4) Any transaction between a buyer of a new article and the person who sold the article when new which involves any of the following:

(a) the return of the article;

(b) the exchange of the article for a different new article.

(5) Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization.

(6) Any transaction as a seller of a secondhand article which the person bought from a charitable organization if the secondhand article was a gift to the charitable organization.

(2) License Required

The following individuals or firms involved in buying, selling or barter of used goods shall be licensed under this section:

(a) Pawnbrokers, secondhand jewelry dealers, secondhand article dealer mall and flea market, as defined in Wis. State Stats. 134.71; secondhand article dealers, as defined in Section 9.17 of this section.

(b) Compact disc sellers, precious metals dealers and single owner used and antique furniture and household goods stores, not included under Wis. State Stats. 134.71.

(c) Dealers in large commercial, industrial and residential appliances including, but not limited to stoves, ranges, ovens, refrigerators, freezers, air conditioners, washers and dryers; and dealers in sporting goods, not defined, under Wis. State Stats. 134.71, shall also be required to be licensed.

(1) The records and holding period requirements of Wis. State Stats. 134.71 shall not apply to dealers in large electrical appliances and sporting goods.

(3) Exempted Secondhand Article Dealers

Secondhand article dealer does not include dealers who deal exclusively in used books or clothing, nor does it include any retailer or merchant who receives and resells trade­in merchandise if sales of used property constitute less than twenty percent (20%) of gross sales.

(4) Application for License; License Fees

Persons or organizations required to be licensed under this section shall make application for the license with the Town Clerk's office on the appropriate form provided by the Department of Justice. The fees for licenses required are: Pawnbrokers $210.00, Secondhand Jewelry Dealer $27.50, Secondhand Article Dealer $30.00 with a Licensing Period: January 1 to December 31 Annually.

Secondhand Article Dealer Mall, Flea market $165.00. Licensing Period ­ Two Years ­ 05/01 to 04/30 odd numbered years.

(5) Issuance of License

(a) Upon receipt of an application for a license under this section, the Chief of Police and Fire Chief shall institute such investigation of the applicant as they deem necessary for the protection of the public good.

(b) The Town Board shall take action on a license application after investigation and the payment to the Town of the license fee. The Town Clerk shall notify the applicant of the Town Board's action either by issuance of a license upon approval, or by letter if denied.

(6) Storage of Goods

Licensees shall insure that all of their merchandise and any parts for said merchandise shall be stored indoors.

(7) Penalty

(a) Upon conviction for a first offense under this section, a person shall forfeit not less than $50 nor more than $1,000.

(b) Upon conviction for a 2nd or subsequent offense under this section, a person shall forfeit not less than $500 nor more than $2,000.

9.18 CHRISTMAS TREE SALES [Adopted 9/9/96]

(1) Permit Required. No person shall engage in the business of selling Christmas Trees in the Town of Menasha without a permit obtained from the Town Clerk and payment of the permit fee. The permit shall in no way be construed to affect existing or future zoning or land use.

(2) Application. Every person requiring a Christmas Tree Sales permit shall make application in writing on a form provided by the Town Clerk prior to any sales of Christmas Trees within the Town of Menasha. The application shall contain the names and addresses of the seller(s) and the dates and location of the proposed sale, along with information pertinent to the granting of the permit. The Seller agrees to conform to all requirements outlined in the Town of Menasha Municipal Code including Chapter 8 Public Nuisances and Chapter 9.18 Christmas Tree Sales.

(3) Permit Fees are as stated in the official schedule of license/permit fees and shall be required at the time of application. Permits shall be issued for a period of sixty (60) days. No permit may be granted or issued to any applicant or for any premises upon which taxes or assessments or other financial claims of the Town of Menasha are delinquent or unpaid.

(4) Clean up of Lot. Any person licensed under this ordinance to sell Christmas Trees wreaths and the like, shall clean up the lot at which the trees are sold in a manner satisfactory to the Town of Menasha Department of Community Development within two (2) weeks after December 25th of each year.

(5)All Christmas tree lots must submit a site plan complying with set backs, parking, where trees will be placed and other requirements as deemed necessary by the Community Development Department.

(6) Penalty. Failure to obtain a Christmas Tree permit and comply with this ordinance will result in a penalty of not less than $10.00 per day and not more than $100.00 per day. Should the Town be required to clean up the lot, a $100.00 fine will be charged to the license.

9.19 MASSAGE AND HYDROTHERAPY [Adopted 9/9/96]

(1) Permit Required. No person shall engage in the business of massage and/or hydrotherapy in the Town of Menasha without a permit obtained from the Town Clerk and payment of the permit fee. The permit shall in no way be construed to affect existing or future zoning or landuse.

(2) Application. Every person requiring a massage and/or hydrotherapy permit shall make application in writing on a form provided by the Town Clerk prior to conducting business within the Town of Menasha. The application shall contain the name and home address of the therapist, name, address and the person in charge of the business where therapist will practice, along with any information pertinent to the granting of the permit. The therapist agrees to conform to all requirements outlined in the Town of Menasha Municipal Code including Chapter 9.19 Massage and Hydrotherapy and adopted by reference and made a part of this chapter under the provisions of Wis. State Stats. 448.10 (4) Massage and Hydrotherapy.

(3) Permit Fees are as stated in the official schedule of license/permit fees. A permit fee for each massage therapy therapist and hydrotherapy therapist shall be required at time of application. A background check shall be executed by the Town of Menasha Police Department and a yearly inspection shall be conducted by the Town of Menasha Fire Department. Permit shall be from July 1st to June 30th each year.

(4) A Conditional Use Permit must be obtained if the massage/hydrotherapy therapist performs treatments in their home. If they perform their treatments in their client's residence, conditional use permit is not needed.

(5) Penalty. Failure to obtain a massage and/or hydrotherapy therapist permit shall be assessed a penalty of not less than $10.00 per day and no more than $200.00 per day.

APPENDIX A

Operator's (Bartender's) Instructions

The following Bartender's Awareness Certification Program Procedure Policy, as it relates to the issuance of Operator's Licenses, is effective January 1, 1996:

A. Applicant applies for Operator's License at the Town Clerk's office.

B. The Town requires new applicants and expired licensees to successfully complete the Bartender's Awareness Course (4 hours) thru the Fox Valley Technical College prior to issuance of the license.

C. The applicant must score 80% or above on the post-test to receive the Certificate of Completion. Applicants who score below 80% may take the course over at any time.

D. The Certificate must be presented to the Town Clerk's office upon completion of the Bartender's Awareness Course.

E. If the applicant wishes to take the course before they apply for the Operator's (Bartender's) License, they may do so.

F. The Police Department will receive the application for screening and recommend approval or denial of the license.

G. It is the policy of the Town of Menasha that any Operator's (Bartender's) License application may be denied for up to two (2) years following a conviction of an alcohol/drug related offense.

H. Upon approval by the Police Department, the Town Clerk's office will issue licenses during two-year periods, provided the applicants have successfully completed the Bartender's Awareness Course.[Adopted 2/26/96]

I. Bartender Awareness Course Fee is the responsibility of the applicant.

J. License fee is $30.00 for a two-year period. Included in the license fee is the current cost of obtaining a criminal investigation check through the Department of Justice. The $30.00 license fee is to be prorated for all new licenses.







Payment Schedule

Applying on or before the 15th of the month, the applicant will be charged for a full month. On or after the 16th of the month, the applicant will not be charged for the month. For a full two-year period it is $30.00. Thereafter, the applicant pays the prorated license fee for all new licenses. Included in the license fee is the current cost of obtaining a criminal investigation check through the Department of Justice.

Two-year periods commence on July 1 of the even numbered year. Following is an example of the proration of the application submitted after July and prior to the next two year licensing period.

Prorated Current Cost of Total Cost

License Fee Criminal Investigation of License

Even Year

July $25.00 $5.00 $30.00

August 23.75 " 28.75

September 22.50 " 27.50

October 21.25 " 26.25

November 20.00 " 25.00

December 18.75 " 23.75

Odd Year

January $17.50 " 22.50

February 16.25 " 21.25

March 15.00 " 20.00

April 13.75 " 18.75

May 12.50 " 17.50

June 11.25 " 16.25

July 10.00 " 15.00

August 8.75 " 13.75

September 7.50 " 12.50

October 6.25 " 11.25

November 5.00 " 10.00

December 3.75 " 8.75

Even Year

January $ 3.50 " 8.50

February 3.00 " 8.00

March 2.50 " 7.50

April 2.00 " 7.00

May 1.50 " 6.50

June 1.00 " 6.00

SCHEDULE OF LICENSE/PERMIT FEES

Town of Menasha

Auctions $25.00 + bond

Amusements:

Annual (juke bxs, pool table, games, etc.) $25.00

Special $100.00 + escrow

Bowling $25.00

Beer & Liquor:

Combination Class "A" $200.00

Combination Class "B" $300.00

Class "A" Beer $50.00

Class "B" Beer $100.00

Class "C" Wine $100.00

Wholesale (Distributor) $25.00

Operator (Bartender) $30.00 2 year

Provisional Operator $5.00

Publication Fee $35.00

Class "B" (Non-profit) Beer $10.00

Class "B" (Non-profit) Wine Coolers $10.00

Duplicate bartenders license $2.00

Miscellaneous:

Christmas Tree $50.00 60 days

Cigarette $5.00

Citizen Letter $2.00

Closing-out Sales $50.00 90 days

Dances, Public $10.00

Dog & Cat License

Spayed or Neutered $3.00

Not Spayed or Neutered $8.00

Duplicate $1.00

Massage/Hydrotherapy Therapist $100.00

Pawnbroker $210.00

Pharmacist $10.00

Real Estate Inquiry $10.00

Salvage Dealer $50.00

Secondhand Article Dealer $30.00

Secondhand Jewelry Dealer $27.50

Security Guard $15.00 2 year

Mall or Flea Market $165.00 2 year

Transient Merchant $50.00 + bond 60 days