CHAPTER  9

 

LICENSES, PERMITS & FEES

 

Page    Section

 

1          9.01     Intoxicating Liquor and Fermented Malt Beverages

 

8          9.02     Auctions and Closing-Out Sales

 

10        9.025   Transient Merchants

 

15        9.03     Cigarettes and All Tobacco Products

 

15        9.04     Dogs/Cats - Regulations and Licensing

 

19        9.05     Salvage Yard Operators

 

20        9.06     Amusements - Regulation and Licensing

 

21        9.07     Tracks

 

21        9.08     Public Dances

 

22        9.09     Annual License Periods

 

22        9.10     Community Antenna Television Franchise

 

28        9.11     Penalties

 

28        9.12     Bicycle License Required

 

29        9.13     Hotel and Motel Room Tax - Permit & Regulations

 

34        9.14     Real Estate Inquiry Fee

 

34        9.15     Miscellaneous Processing Fees

 

34        9.16     Security Guard Permit

 

35        9.17     Pawnbrokers, Secondhand Article & Jewelry Dealers, Secondhand Dealer Malls, Flea Markets

 

37        9.18     Bowling Alleys

 

37        9.19     Christmas Tree Sales

 

38        9.20     Massage and Reflexology

 

38        9.21     Escort and Escort Services

 

44        9.22     Use of Municipal Complex

 

44        9.23     Destruction of Obsolete Records (See Schedule in back)

                             

45        9.24     Taxicab or Limousine Services

 

45        9.25     Gun or Weapon Dealer

 

45        9.26     Tattoo/Body Piercing Practitioner & Establishment

 

 

 

            Bar Operator Instructions (See back)

 

            Bar Operator Payment Schedule (See back)

 

            Schedule of License & Permit Fees (See back)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


CHAPTER 9

 

LICENSES, PERMITS & FEES

 

9.01          INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES

[Adopted 11/3/89]

 

(1)                State Statutes Adopted. The provisions of the Wis. State Statutes, 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 subsection (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.

 

(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 - $150.00 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). [Amended 1/28/02]

 

(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).)  Not more than two (2) licenses may be issued under this subsection in any twelve (12) month period.  Background checks may be waived by the Town Clerk.


 

(d)                Wholesaler's Fermented Malt Beverage License - $25.00 per year or fraction thereof - Section 125.28. [Amended 6/23/03]

 

(e)                Operator's license - $60.00 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 $60.00 license fee is to be prorated for all new licenses.  License fees are non-refundable. [Effective 1/1/96] [Amended 1/28/02]

 

(f)        The fee for the publication of licenses shall be $55.00 and is non-refundable. [Amended 12/20/04]

 

(g)        Retail "Class A" Liquor License - $250.00 per year - Section 125.51(2).

[Amended 1/28/02]

 

(h)        Retail "Class B" Liquor License - $350.00 per year - Section 125.51(3).

[Amended 1/28/02]

 

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

[Amended 6/23/03]

 

(j)                  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.

 

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.  [Amended 7/8/02]

 

(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 months prior to application.

 

(c)                Inspection of Application and Premises.  The Town Clerk shall notify the Police Department and Fire Department Inspector of all licenses and permit applications, and these officials shall inspect each application and premise to determine whether the applicant and the premises comply with the regulations, ordinances and laws applicable 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 Non-use. [Created 5/22/89]

 

(1)                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 premise, 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 landowner 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 landowner or previous licensee cannot force the Town Board to grant a license to the applicant of the landowner's choice or force revocation of the license at a later date.

 

(4)                The Town Board requires 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 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 shall be deemed a consent to this provision.  Any refusal to permit such inspection shall automatically operate as a revocation of any license issued 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 Chapter 125 of the Wis. State Stats. and any licensee or permittee who fails to post his/her license(s) or permit as required shall be presumed to be operating without a license.

 

(7)                Safety and Sanitation Requirements.  Each licensed premise 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 provided, the provisions of Chapter 125 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 Chairperson upon obtaining reasonable information that any licensee has violated any provision of this 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/her employee, agent or representative of a second offense under this ordinance or Chapter 125 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 Town 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 Town 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/she desires to move to.

 

(2)                Whether he/she 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 (15) 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 an Administrative Committee shall order to determine whether the application complies with the regulations, orders and laws applicable and the premises are in a proper physical condition and a suitable location.  The aforesaid officers shall furnish to the Administrative Committee in writing of the information derived from such investigation.

 

(c)                As far as applicable, 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.

 

(b)                Application. [Amended 6/27/05]

 

(1)                An operator’s license may not be issued unless applicant fulfills one of the following requirements: Person is renewing an operator’s license, within the past two (2) years held a current manager’s, retailer’s or operator’s license, or, within the past two (2) years has completed a State mandated Server’s Training Course and must show proof. New applicants must at least be registered for the course and shall present a schedule at the time of application.

 

(2)                A written application shall be filed with the Police Department which shall include the name, residence, age and gender of applicant, and the prescribed fee shall be paid according to the Payment Schedule incorporated herein. A background check shall be performed to determine whether applicant has a satisfactory history. All applications shall be accompanied by a recommendation for approval/denial by the Chief of Police or his/her designee. 

 

(c)                Issuance of Operator's License [Amended 6/27/05]

 

(1)                An operator's license shall be granted by the Town Board 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 Responsible Beverage Server Training Course, at which time license shall be issued by the Police Department. The operator’s license shall be issued for two (2) years, expiring on June 30 of even years, or prorated depending upon the month of issuance within the two-year period, unless otherwise revoked.

 

(2)                Mandatory Schooling Required. Operator license applicants in the Town of Menasha shall be required, prior to the issuance, to provide the Police Department with proof of successful completion of a server's training course offered at any location by a technical college district and that conforms to curriculum guidelines specified by the college system board, or a comparable training course which may include computer-based training and testing that is approved by the State of Wisconsin under WI Stat. 125.17 and 125.04. However, an applicant who fails to timely renew their operator's license shall be granted a 30-day grace period without mandatory schooling required.  It is the responsibility of the applicant to pay the tuition fee for the Server’s Training Course. An exception to this requirement is temporary operators (bartenders) who may only hold a fourteen (14) day license in a calendar year.

(See “Bar Operator Instructions” at end of this Chapter)

 

(d)                Provisional Operator's License.  The Police Department may only issue a provisional operator's license to a person who has applied for a regular operator's license under Section 9.01(10). [Amended 6/27/05]

 

(1)                Fee of $15.00 shall be paid upon application. [Amended 1/28/02]

 

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

 

(3)                The provisional operator’s 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 operator’s license shall be revoked by the Police Department if it is discovered the holder of the provisional operator’s license made a false statement on their application, or holder fails to complete the Responsible Beverage Server Training Course, if required, or is in non-compliance of WI Stats.  [Amended 6/27/05]

 

(e)                Temporary Operator's License. The Town Clerk or designee may issue a temporary operator's license subject to the following conditions:  [Amended 6/27/05]

 

(1)                A written application shall be filed with the Town Clerk giving the name, residence, age and gender of the applicant, together with other such pertinent information as to determine whether applicant has a satisfactory background check.  

 

(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 server training program is not required to obtain a temporary license.

 

(11)            Replacements of License.  A fee of $5.00 shall be charged for a duplicate license or permit.  [Amended 6/27/05]

 

(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.

 

(14)            Reserve License.  [Created 1/28/02]

 

Retail Reserve “Class B” License.  Licenses available under the quota system existing before December 1, 1997 that were not granted or issued by the municipality as of December 1, 1997.  The number of reserve “Class B” licenses available to a municipality is determined by a series of calculations described in Sections 125.51(4)(1) and 125.51(4)(a)(4) of the WI State Statutes.

 

(1)                Initial Retail Reserve “Class B” License Fee.

 

There shall be a $10,000.00 fee to be paid in addition to the regular liquor license fee.

                       

(2)                Grants for Certain Reserve “Class B” Licenses.

 

Findings and Purpose.  Wisconsin Act 27, effective December 1, 1997, establishes a new alcohol license called a Retail Reserve “Class B” license, and requires that all who are granted such a license shall pay an initial license fee of $10,000.00 in addition to the regular Class “B” and “Class B” license fees.  The Town Board of Supervisors finds that businesses such as restaurants, hotels and taverns make important contributions to the town’s economy and serve important public purposes, including but not limited to, increasing the town’s property tax base, providing employment and promoting tourism.  The Town Board of Supervisors also finds that the new initial fee for Reserve “Class B” licenses far exceeds the actual cost of licensing the activity and that excessive license fees deter new business and are contrary to economic growth.  It is the purpose of this ordinance to utilize the excess revenue generated by Wisconsin Act 27 to assist new Reserve “Class B” licenses in order to assist in the establishment of new businesses.

 

(a)                The Town Board of supervisors may provide a grant to a Reserve “Class B” licensee if the following conditions are met:

 

(1)                A Retail Reserve “Class B” license is granted to the licensee.

                                               

(2)                The Retail Reserve “Class B” license applicant properly completes, executes and submits an application for a grant to the Town Board on a form provided by the Town of Menasha Clerk’s Office at the same time the applicant submits the application for a Retail Reserve “Class B” license.

 

(3)                The Retail Reserve “Class B” licensee pays the initial $10,000.00 fee to the Town of Menasha Clerk.

 

            In making a determination whether to award any grant to a Retail Reserve “Class B” liquor license applicant under this ordinance, the Town Board of Supervisors shall make such findings and establish such conditions, as it deems necessary, to ensure that any funds awarded further the important public purposes identified within.

 

(15)    Beer Gardens Regulated [Created 7/11/05]

 

            (a)        Required For Outdoor Consumption.  No permit shall be given for the consumption of alcohol beverages on any part of the licensed premises not enclosed within the building, except under permit granted by the Town Board of Supervisors.  The permits are a privilege in which no rights vest; and therefore, may be revoked by the Town Board of Supervisors at its pleasure at any time or shall expire on June 30 of each year.  No person shall consume or have in his/her possession alcohol beverages on any unenclosed part of licensed premises which is not described in a valid Beer Garden Permit.  It is the purpose of proper fencing in the beer garden area to prohibit or significantly restrict the ease in which alcoholic beverages may be passed from within the beer garden area to anyone outside the beer garden.

 

(b)      Limitations on Issuance of Beer Garden Permits.  No permit shall be issued for a beer garden located in a non-residential district if any part of the beer garden is within fifty (50) feet of a structure used for residential purposes except residential uses located in the same structure as the licensed premises or a residence which is owned by the same person who owns the licensed premises.  No permit shall be issued to a licensed premises located in a district zoned R1-R4.  Each applicant for a Beer Garden Permit shall accurately describe the area intended for use as a beer garden and shall indicate the nature of fencing or other measures intended to provide control over the operation of the beer garden.  Every beer garden shall be completely enclosed with a fence or wall not less than five (5) feet in height above the ground of the area or at least four (4) feet in height on corner lots that shall be 50% open.  Amplified sound or music is not permitted after 10:00 P.M. unless approved by the Town Board of Supervisors.  There shall be a licensed operator within the beer garden when alcohol beverages are dispensed in the beer garden and shall remain closed to the public between 12:00 midnight and 8:00 A.M.  No open flames may be displayed unless approved by the Town of Menasha Fire Prevention Bureau staff.

 

(c)        Site Plan. All applicable permits required shall be obtained and submitted along with a site plan complying with setbacks, residential use, appropriate fencing and other requirements deemed necessary by the Community Development Department and/or the Planning Commission prior to application. 

 

(d)        State Statutes Enforced Within Beer Gardens.  Every permittee under this section shall comply with and enforce all provisions of Chapter 125, WI Stats., applicable to Class “B” licensed premises, except where such provisions are clearly inapplicable.  Violation of the provisions of Chapter 125 of the WI Statutes shall be grounds for immediate revocation of the Beer Garden Permit by the Town Board of Supervisors.

 

(e)        Inspections. The Beer Garden shall be inspected annually by the Town of Menasha Building Inspector and the Fire Prevention Bureau Staff.

 

(f)        Permit Fee.  Fee for a Beer Garden Permit is required at time of application, and shall be one-hundred ($100.00) dollars from July 1 to June 30 of each year. Fee is non-refundable.


 

 

 

 

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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. 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 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, 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)                The daily permit fee of $25.00 shall be submitted at the time of application. A six-month permit may be obtained for a regularly scheduled auction held at the same site on a continuing basis by the same auctioneer for a fee of $100.00 in a commercially zoned area.  A one-year permit may be obtained for a regularly scheduled auction held at the same site on a continuing basis by the same auctioneer for a fee for $150.00. The auctioneer shall be required to give dates and times of all auctions held in the Town of Menasha to the Town Clerk.  Fees are non-refundable.  A 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 of $50.00 shall be submitted at the time of application. Fees are non-refundable.  [Amended 7/14/03]

 

(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 judgment.

 

(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 use 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 $500.00.

 

(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 WI 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 $2,000.00 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 $2,000.00 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 there is proof submitted to the Town Clerk 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 Town Clerk that such person is a transient merchant; provided that there is submitted to the Town 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 Town Clerk a registration form furnished by the Town 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 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 Town 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 Town Clerk, a fee of $150.00 shall be paid to the Town 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, 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 Town 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 $150.00 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 Town 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 inaccurate statement(s); 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)            The following provisions shall apply:

 

(a)                The hours for selling any product or service at any location or dwelling, shall be between 9:00 a.m. and 7:00 p.m., except by appointment.  [Amended 2/28/05]

Prohibited practices shall include signs indicating "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.

 

(f)        Sale of concessions and all other goods on or about the park property is prohibited without first obtaining written permission from the Park Commission, pursuant to 17.03(2)(o).  [Added 6/24/02]

 

(g)        A transient merchant shall obtain a license from the Town Clerk’s office and be posted in a conspicuous place during selling hours.  A name tag will be worn on their person for identification purposes.  [Added 2/28/05]

 

(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 Town Clerk all convictions for violation of this ordinance and the Town 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 Town 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 AND ALL TOBACCO PRODUCTS [Amended 3/10/03]

 

(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, cigars and pipe tobacco products without first obtaining a license 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 cigarette and tobacco product licenses shall be $100.00 and application shall be made in the Clerk’s office.  Fees are non-refundable.

 

(3)                Form of License.  Expiration:  Transfer.  All cigarette licenses shall be signed by the Town Clerk and indicate 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 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.

 

(3)                License Fees.  Effective December 1, 2002, license fees for neutered male or spayed female dogs and cats, upon presentation of evidence attesting to the same, shall be $7.00, and $12.00 for un-neutered male or un-spayed female dogs and cats. Unless a dog or cat has just been obtained, 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. [Amended 9/9/02]

 

(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.

 

(c)                A duplicate license may be obtained upon payment of a $2.00 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 therefore. 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 additional $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.

 

(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, livestock, or a domestic animal as defined in Section 174.001(2G)(3) Wis. State Stats. [Revised 10/13/97]

 

(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 harasses any domestic animal.

 

(f)                 Is known 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 provided for under        state or local law, any person may confine any dog or cat; or any Police Officer              of the Town may impound any dog or 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 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 thereof the dog/cat has been impounded.  Dogs/Cats impounded for a period of seven days or vicious dogs/cats shall be destroyed in accordance with Sections 174.02(3) or 174.046(9), Wis. State Stats. [Revised 10/13/97]

(13)            No person or residential dwelling, regardless of the number of occupants, shall keep, maintain or harbor more than four (4) 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 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          SALVAGE YARD OPERATORS [Revised 8/26/98]

 

(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 parts thereof, without first having obtained a license as provided.

 

(2)                Application for License. Every application for a Salvage Yard Operator’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. [Revised 8/26/98]

 

(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 Salvage Yard Operator’s License. License fee shall be $100.00 per year or six-month license for $50.00 and shall terminate on June 30th annually. Fees are non-refundable. [Revised 7/14/03]

 

(4)                Revocation of License. Any Salvage Yard Operator’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 salvage yard operators.  [Revised 8/26/98]

 

(5)                All licenses shall be issued as of July 1st and shall continue in force until June 30th 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 used for such purposes within 500 feet of any dwelling house or 1,000 feet of any public highway within the Town of Menasha.

 

(7)                Premises licensed under this ordinance for the purpose of carrying on a salvage yard or storing of salvage shall be enclosed by a substantial fence 7 feet in height and shall be painted in a suitable manner, which shall effectively conceal the things within the enclosed fence from the view of the streets and highways.  [Revised 8/26/98]

 

(8)                At no time shall old iron, scrap iron, old bottles, old rags, papers, old automobile tires, rubber, brass, steel or other materials of any and all types be piled 7 feet in height, or be exposed above the enclosure of any salvage yard.  [Revised 8/26/98]

 

(9)                Each licensee shall keep his/her salvage yard in a sanitary condition complying with Town and State laws relating to sanitary conditions, 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 to inspect every salvage yard periodically.  [Revised 8/26/98]

 

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