1717 East Park Street, Two Rivers WI 54241 (920) 793-5523

 

Title 6: Licenses

 

Chapter 1: Fermented Malt Beverages and Intoxicating Liquors

 

Sec. 6-1-1 State Statutes Adopted

  The provisions of Chapter 125 and Sections 938.344 and 778.25 of the Wisconsin Statutes relating to the sale and disposition of intoxicating liquors and/or fermented malt beverages are adopted as a portion of this Chapter as far as they are applicable, except as otherwise provided herein.

Sec. 6-1-2 Definitions

  As used in this Chapter, the terms "Intoxicating Liquors", "Sell", "Sold", "Sale", "Restaurant", "Wholesalers", "Fermented Malt Beverages", "Retailers", "Operators", "Non-Intoxicating Beverages", "Club", "Retailer", "Person", "Alcohol Beverages", "Selling","Department", "Legal Drinking Age", "License", "Permit", "Premises", "Principal Business", "Regulation", "Restaurant", "Underage Person", "Wholesaler" and "Wine" shall have the meaning given them by Chapter 125 of the Wisconsin Statutes.

Sec. 6-1-3 License Required

  No person, firm or corporation shall within the City vend, sell, deal or traffic in or have in his possession with intent to vend, sell, deal or traffic in or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverages in any quantity whatever, or cause the same to be done, without having procured a license as provided in this Chapter, nor without complying with all the provisions of this Chapter, and all statutes and regulations applicable thereto, except as provided by Sections 125.25, 125.26, 125.27, 125.28 and 125.51 of the Wisconsin Statutes.

Sec. 6-1-4 Classes of Licenses; Fees

(a) RETAIL "CLASS A" LIQUOR LICENSE. A retail "Class A" liquor licenses, when issued by the City Clerk-Treasurer under the authority of the City Council, shall permit its holder to sell, deal and traffic in intoxicating liquors only in original packages or containers, and to be consumed off the premises so licensed.

(b) RETAIL "CLASS B" LIQUOR LICENSE. A retail "Class B" liquor license, when issued by the City Clerk-Treasurer under authority of the City Council shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed, and in the original package or container, in multiples not to exceed 4 liters at any one time, and to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.

(c) There shall be six classes of fermented malt beverages licenses:

(d) FEES. License fees are established and listed in Title 1 of this Code.

Sec. 6-1-5 Application for License

(a) CONTENTS

(b) PUBLICATION.

(c) AMENDING APPLICATION. Whenever anything occurs to change any fact set out in the application of any licensee, such licensee shall file with the issuing authority a notice in writing of such change within ten (10) days after the occurrence thereof.

Sec. 6-1-6 Qualifications of Applicant

(a) RESIDENCE REQUIREMENTS. A license shall be granted only to persons who:

(b) APPLICANT TO HAVE MALT BEVERAGE LICENSE. No retail "Class B" liquor license shall be issued to any person who does not have or to whom is not issued a Class "B" retailer's license to sell fermented malt beverages.

(c) PREMISES. No license shall be granted for any premise where any other business shall be conducted, in connection with said licensed premises and no other business may be conducted on such licensed premises after the granting of such license except that such restriction shall not apply to a hotel, or to a restaurant not a part of or located in any mercantile establishment, or to a combination grocery store and tavern, or to a bowling alley or recreation premise or to a bona fide club, society or lodge that shall have been in existence for not less than six (6) months prior to the date of filing application for such license.

(d) RIGHT TO PREMISES. No applicant will be considered unless he has the right to possession of the premises described in the application for the license period, by lease or by deed; and he shall present documentary proof of his right to possession when required by the License and Health Committee.

(e) AGE OF APPLICANT. No Class "A" or "B", or "Class C" licenses shall be granted to any person under the legal drinking age, except that a person may obtain a beverage operator's license if eighteen (18) years of age.

(f) APPLICATION BY AGENTS, HOTELS, ETC.

(g) CORPORATE OR NON-PROFIT ORGANIZATIONS RESTRICTIONS.

Sec. 6-1-7 Investigation -- Class B Licenses

  The City Clerk-Treasurer shall notify the Chief of Police, Health Officer, Chief of the Fire Department and Building Inspector of each application and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants and whether the applicant is a proper recipient of a license. These officials shall furnish to the City Council in writing the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a re-inspection of the premises and report as originally required.

Sec. 6-1-8 Approval of Application

(a) In determining the suitability of an applicant, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises proposed, and generally the applicant's fitness for the trust to be reposed.

(b) No license shall be granted for operation of any premises or with any equipment which taxes or assessments or other financial claims of the City are delinquent or unpaid.

(c) No retail Class B fermented malt, Retail Class C, and/or liquor license shall be issued unless the premises conform to the sanitary, safety and health requirements of the State Building Code, and the regulations of the State Board of Health and City Board of Health applicable to restaurants. The premises must be connected with City water and sewage facilities, must be properly lighted and ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped with running water for each sex and must conform to all ordinances of the City.

Sec. 6-1-9 Granting of License

(a) Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the City Council, the City Clerk-Treasurer shall issue to the applicant a license, upon payment by the applicant of the license fee to the City. The license fee shall be prorated on a monthly basis if issued for a fraction of a year. The fee shall be paid to the City Clerk-Treasurer who shall deposit the same in the general fund.

(b) Individuals or corporations desiring a new Class B or Class C License shall file in the City Clerk's Office an application form for the license, deposit with the City one year's license fee and provide sufficient documentation to determine the applicant's eligibility including detailed construction plans if a new or remodeled facility is proposed, so that the City can determine the eligibility of the applicant. Upon complying with these requirements, the Clerk shall place the applicant on the eligibility list and the City Council will then issue available licenses on a "first come-first served" basis according to filing date. Applicants may withdraw their application and obtain a refund at any time.

(c) The City Manager may issue temporary Class "B" Picnic Licenses without Council approval in cases of an emergency in lieu of calling a special Council meeting.

Sec. 6-1-10 Transfer and Lapse of License

(a) The transfer of a license to a new owner and/or new location will be evaluated on a case-by-case basis. If a location change occurs, the licensee is responsible for the proper maintenance, operation or disposition of the prior licensed facility; and if not, the license may not be renewed subject to City Council review.

(b) There shall be issued no more than one Class "B" retail or "Class C" license for any one premise within one (1) year from July 1 to the succeeding June 30 except in cases of death, bankruptcy or assignment of creditors as provided in Chapter 125. If licensed premises are transferred to anew owner or tenant, the new occupant must apply for and receive, prior to commencing operations, a Class "B" retail or "Class C" retail license. This Section shall apply to licenses held by Corporations which transfer the same to another corporate entity, with or without changing agents, to the agent or other persons. The prospective licensee shall file a new application and pay the required fee as if it were making an original application. If the applicant is a tenant or sub-tenant, he shall first secure and present to the City Council written approval of such tenancy from the owner of such premises.

(c) Whenever the agent of a corporate holder of a license, for any reason, is replaced, the licensee shall give the City Clerk-Treasurer written notice of said replacement, the reasons or therefor and the new appointment. Until the next regular meeting or special meeting of the City Council, the successor agent shall have the authority to perform the functions and be charged with the duties of the original agent. However, said license shall cease to be in effect upon receipt by the Clerk-Treasurer of notice of disapproval of the successor agent by the Wisconsin Department of Revenue or the Sheriff or other peace officer of the municipality in which the license was issued.

  The corporation's license shall not be in force after receipt of such notice or after a regular or special meeting of the City Council until the successor agent or another qualified agent is appointed and approved by the City and the Wisconsin Department of Revenue.

(d) Whenever any licensee under this Chapter shall not conduct his licensed business at the authorized location for a period of six consecutive months, the license issued to him shall lapse and become void, unless such six months period shall be extended by the City Council.

Sec. 6-1-11 Numbering and Expiration of License

  All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid, the name of the licensee, and shall expire on the 30th day of June thereafter, unless revoked as provided by state law or City ordinance or by revocation by the City Council. The City Clerk-Treasurer shall affix to the license his affidavit as provided by Wis. Stats.

Sec. 6-1-12 Number of Licenses Limited

(a) AS TO LOCATION. There shall be issued no more than one "Class B" intoxicating liquor license and/or fermented malt license or "Class C" Wine license for any one location in any one license year, except in case of bona fide illness, death, sale of the premises by the last licensee or revocation of the license. New or sub-tenants are required to present written approval of the owner of the premises of their tenancy.

(b) AS TO POPULATION. The number of persons and places that may be granted retail "Class B" intoxicating liquor licenses under this Chapter shall be limited to the number as fixed by Section 125.51(4) of the Wis. Stats., subject to increase by annexation or increases in population; also, as provided by said statutory section. The number is presently 42.

(c) There shall be no restriction on the number of Class "A" intoxicating liquor or Class "B" fermented malt beverage, or "Class C" Wine licenses.

Sec. 6-1-13 Posting Licenses and Defacement

(a) Every person licensed in accordance with the provisions of this Chapter shall immediately post such license and keep the same posted while in force in a conspicuous place in the room or place where said beverages are drawn or removed for service or sale.

(b) It shall be unlawful for any person to post such license or to be permitted to post it upon premises other than those mentioned in the application or knowingly to deface or destroy such license.

Sec. 6-1-14 Lost Licenses

  Whenever a license issued under this Chapter shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license in lieu thereof under the original application shall be issued by the City Clerk-Treasurer for a fee as prescribed in Title 1 on satisfying himself as to the facts.

Sec. 6-1-15 Conditions of License

  All retail Class "A" and "B" and "Class C" licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this Section, and subject to all other ordinances and regulations of the City applicable thereto:

(a) Every applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles therein which are in violation of City ordinances or state laws, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.

(b) No retail Class "B" or "Class C" licensee shall employ any person under eighteen (18) years of age except as authorized in Section 125.32(4), Wis. Stats., and as said statutory section is hereinafter amended.

(c) There shall be upon premises operated under a Class "A", Class "B" or "Class C" license, at all times, the licensee or some person who shall have an operator's license and who shall be responsible for the acts of all persons serving as waiters, or in any manner, any fermented malt beverages or intoxicating liquor to customers. No member of the immediate family of the licensee under the age of 18 years shall serve as a waiter, or in any other manner, provided any fermented malt beverage or intoxicating liquor to customers unless an operator 18 years of age or over is present upon and in immediate charge of the premises. No person other than the licensee shall service fermented malt beverages or intoxicating liquor in any place operated under a retail Class "A", Class "B", or "Class C" license unless he shall possess such operator's license, or unless he shall be under the immediate supervision of the licensee or a person holder an operator's license who shall be at the time of such service upon said premises.

Sec. 6-1-16 Restrictions

(a) RESTRICTIONS NEAR SCHOOLS, CHURCHES AND HOSPITALS. No retail Class "A" or "B" license shall be issued for premises the main entrance of which is less than 300 feet from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, church or hospital to the main entrance to such premise. This subsection shall not apply to premise licensed as such prior to the occupation of real property within 300 feet thereof by any school building, hospital building or church building.

(b) STREET LEVEL PREMISE LICENSED. A retail Class "B" fermented malt beverage license or Retail "Class C" license shall be issued only for that portion of the premises located on the street level, unless specifically extended by the authority of the Council. This subsection shall not apply to a bona fide club, hotel, bowling alley, lodge room, labor union or exservicemen's post.

(c) Each premise shall be maintained in a sanitary manner and shall be a safe and proper place for the purpose for which used. The Health Office of the City may make reasonable and general rules for the sanitation of all places of business possessing licenses under this Chapter. Such rules or regulations may be classified and made applicable according to the class of business conducted. All such rules and regulations and infractions thereof may be punished as a violation of this Section.

(d) No premises holding a Class "B" license shall, during the days they are required to close, or during the hours in which sale of fermented malt beverages or liquor is prohibited, obstruct, by the use of curtains, blinds, screens, or in any other manner, a full and complete view of the interior from the outside. During the hours in which such sale is permitted, the premises shall be properly and adequately lighted.

Sec. 6-1-17 Closing Hours

(a) CLOSING HOURS. No premises for which a wholesale or retail malt beverage license or retail liquor license of any kind had been issued shall be permitted to remain open for the sale or consumption of such fermented malt beverage or intoxicating liquor, either by the glass or by the package, at the times hereinafter set forth.

(b) CLOSING HOURS EXCEPTIONS. Hotels and restaurants, whose principal business is the furnishing of food and lodging to patrons and bowling alleys, shall be permitted to remain open for the conduct of the regular business but shall not sell intoxicating liquor or fermented malt beverages during the hours prohibited in the foregoing subparagraph (a). Grocery stores, service stations, drug and tobacco stores licensed to sell fermented malt beverages or intoxicating liquor may remain open, but shall not sell fermented malt beverages or intoxicating liquor during the hours prohibited in the foregoing subparagraph (a). No person shall consume fermented malt beverages or intoxicating liquor upon any licensed premises during the hours prohibited in the foregoing subparagraph (2).

Sec. 6-1-18 Revocation and Suspension of Licenses

(a) PROCEDURE. Except as hereinafter provided, the provisions of state law shall be applicable to proceedings for the revocation or suspension of all licenses or permits granted under this Chapter. Revocation or suspension proceedings may be instituted by the Council upon its own motion by adoption of a resolution.

(b) SUSPENSION OF LICENSES. The City Manager or the Chief of Police, upon obtaining reasonable information that any licensee has violated any provision of this Chapter or any state or federal liquor or fermented malt beverage law may suspend a license or permit granted under this Chapter for a period not to exceed 10 days pending hearing by the City Council pursuant to Subsection (a).

(c) Any license issued pursuant to this Chapter shall be subject to such further regulations and restrictions as may be imposed by the City of Two Rivers by Amendment to this Chapter or by the enactment of new ordinances. If any licensee shall fail or neglect to meet the requirements imposed by such new restrictions and regulations his license may be revoked in accordance with this Chapter. If any new amendment or ordinance enacted by the City Council shall provide for revocation of all or any class of existing licenses, and the issuance of new licenses, or shall impose such new restrictions as to render it impossible for any licensee under an existing license to meet such restrictions, then and in such case the unused portion of the fee paid for such license shall be refunded or applied on any new license issued to such licensee by the City of any provision of this Chapter or for any reasonable cause except the imposition of new restrictions, no refund shall be made of any part of the license fee. If a license issued hereunder is not used within 15 days after its issuance, or its usage is discontinued for a period of 15 days or more, such situation shall be grounds for cancellation of the license in accordance with the provisions of this Chapter.

Sec. 6-1-19 Beer Gardens Regulated

(a) REQUIRED FOR OUTDOOR CONSUMPTION. No license shall permit the consumption of alcohol beverages on any part of the licensed premises not enclosed within the building, except under permit granted by the City Council. The permits are a privilege in which no rights vest; and therefore, may be revoked by the City Council at its pleasure at any time, or shall otherwise expire on June 30th of each year. No person shall consume or have in his or her possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden permit. It is the purpose of 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 area.

(b) LIMITATIONS ON ISSUANCE OF BEER GARDEN PERMITS. No permit shall be issued for a beer garden located in a nonresidential 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 R-l-R-4. No permit shall be issued for a beer garden if the beer garden area is greater than the gross floor area of the adjoining licensed premises. 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 immediately outside of the enclosed fenced area of the beer garden, except as otherwise provide herein. When a portion of the beer garden's perimeter lies along the shoreline of the East or West Twin Rive, there shall be no requirement for a fence along such river frontage; provided, however, that the fence or wall enclosing the balance of the beer garden's perimeter shall extend to points as close to the water as practicable, subject to the review and recommendation of the Police Department. The City reserves the right to require such fence to extend toward the water to the maximum extent allowed by law (i.e., to the ordinary high water mark or the bulkhead line, if a bulkhead exists.

 Amplified sound or music is not permitted after 9:00 PM. There shall be a licensed operator within the beer garden when alcohol beverages are dispensed in the beer garden. The beer garden shall remain closed to the public between 11:00 PM and 8:00 AM.

(c) STATE STATUTES ENFORCED WITHIN BEER GARDEN. Every permittee under this section shall comply with and enforce all provisions of Chapter 125, Wis. Stats., applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of Ch. 125, Wis. Stats., shall be grounds for immediate revocation of the beer garden permit by the City Council.

(d) LICENSE FEES. Fees for a beer garden permit shall be Fifty ($50.00) Dollars per year.

(e) PENALTY. Any person who shall violate any provisions of this Chapter or any order, rule or regulation made or adopted hereunder shall be subject to the general provisions penalty of this Code.

Sec. 6-1-20 Special Event Beer Garden Permits

(a) PERMIT. The City Council may, upon consultation with the Police Chief, issue Special Event Beer Garden Permits to existing licensees permitting the consumption of alcohol beverages on a part of the licensed premises not enclosed within a building, upon application and subject to the terms of this ordinance. Such permits shall be deemed a privilege in which no rights vest, and therefore may be revoked by the City Council at its pleasure at any time. Such permits may be issued for periods not to exceed three consecutive days. No licensee may be granted such a permit on more than two occasions during any calendar year. No such permit on more than two occasions during any calendar year. No such permit shall be issued to a licensed premise located in a district zoned R-1 single family residence district, R-2 single and double family residence district, R-3 single and double family residence district, R-3 single and double family residence district or R-4 multiple family residence district.

  Such permit may be issued to allow modification of the conditions applicable to an existing beer garden permit during a special event, or to allow establishment of a new beer garden at a licenses premises for the duration of a special event as permitted herein.

(b) APPLICATION. Any applicant for a Special Event Beer Garden Permit shall submit a site plan drawing describing the area to constitute the beer garden, shall state the planned hours of operation of the beer garden and proposed hours for outdoor music or entertainment. A licensed operator shall be within the beer garden at all times alcohol beverages are dispensed in the beer garden. The beer garden area shall be adequately fenced to prohibit or significantly restrict the ease with which alcohol beverages may be passed from within the beer garden area to anyone outside the beer garden area.

(c) CONDITIONS. The size and location of the beer garden area and its layout, hours of operation for the beer garden, and the hours during which outdoor music or entertainment may be allowed shall be determined by the City Council, on consultation with the Police Chief. IF any portion of the beer garden is located within fifty feet of a structure that is used for residential purposes and is located in a district zoned residential, no permit shall be issued unless the owner of the structure indicates to the City Council his or her consent, in writing, to the granting of the permit.

(d) FEE. The fee for a Special Event Beer Garden Permit shall be $50.

(e) COMPLIANCE WITH APPLICABLE LAWS. Every permittee shall comply with all applicable provisions of Chapter 125 of the Wis. Stats. and the Municipal Code of the City of Two Rivers. Violation of any governing statute or ordinance shall be grounds for immediate revocation of the permit.

(f) PENALTY. Any person who violates any provisions of this ordinance shall be subject to the general provisions penalty of this code.

Sec. 6-1-21 Social Host - Regulating Underage Possession and Consumption of Alcohol at Private Residences

(a) PURPOSE AND FINDINGS. The City Council of the City of Two Rivers intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons civilly responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The City Council of the City of Two Rivers finds:

(b) DEFINITIONS. For purposes of this chapter, the following terms have the following meanings:

(c) PROHIBITED ACTS. It is unlawful for any person(s) to: host or allow an event or gathering at any residence, premises or on any other private or public property where alcohol or alcoholic beverages are present when the person knows that an underage person will or does (i) consume any alcohol or alcoholic beverage; or (ii) possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).

(d) EXCEPTIONS. This ordinance does not apply in cases where a person procures for, sells, dispenses of or gives away alcohol beverage to an underage person in the direct company of his or her parent, guardian or spouse who has attained the legal drinking age, who has consented to the underage person acquiring or consuming the alcohol beverages and is in a position to observe and control the underage person.

(e) PENALTIES. A person who violates any provision of this ordinance is subject to a forfeiture of not less than $1,000 nor more than $5,000, together with the costs of prosecution. A person who is in default of payment is subject to imprisonment in the county jail until the forfeiture and costs are paid.

Sec. 6-1-22 Issuance of Provisional Alcohol Licenses

  Pursuant to Sections 125.17 (5) and 125.185 of the Wisconsin Statutes and subject to the terms of those statutes, the City shall issue Provisional Operators Licenses and Provisional Licenses. The City Clerk is designated to be the official having authority to issue such licenses. The fee for each such license shall be $ 15.00.

Chapter 2: Operator's License

 

Sec. 6-2-1 Operator's License Required

(a) There shall be upon the premises operated under a Class "A" or Class "B", or "Class C" intoxicating liquor license or Class "B" fermented malt beverage license, at all times the licensee, or some other person who shall have an operator's license and who shall be responsible for the acts of all persons serving or selling any intoxicating liquor or fermented malt beverages to customers. No person other than the licensee shall serve or sell fermented malt beverages or intoxicating liquor in an place operated under the Class "A" or Class "B" or "Class C" licenses unless he shall possess an operator's license or unless he shall be under the immediate supervision of the licensee or a person holding an operator's license who shall be upon the premises at the time of such service.

(b) An operator's license is not required when person is:

Sec. 6-2-2 Procedure Upon Application

(a) The City Council may issue an operator's license, which license shall be granted only upon application in writing on blanks to be obtained from the City Clerk-Treasurer and only to persons eighteen (18) year of age and older. Operator's licenses shall be operative only within the limits of the City.

(b) The applicant may not have an arrest or conviction record subject to Sec. 111.335, may not have been convicted of a felony and may not be an "habitual law offender".

(c) As of July 1, 1991, a municipality may not issue a operator's license unless the applicant has completed a responsible beverage training course. Applicants are exempted from the training course requirement if they are renewing an existing operator's license, have completed the training course within the last two years, or have held a retail, manager's or operator's license within the last two years. Applicants may be issued a provisional operator's license if they are enrolled in a training course.

Sec. 6-2-3 Duration

  Licenses issued under the provisions of this chapter shall be valid either one or two years and shall expire on June 30th of the year for which issued.

Sec. 6-2-4 Fee

  The fee for an operator's license shall be established and listed in Title I of this Code. No fee shall be refunded.

Sec. 6-2-5 Issuance

  After the City Council approves the granting of an operator's license, the City Clerk-Treasurer shall issue the license. Such licenses shall be issued and numbered in the order they are granted and shall give the applicant's name and address and the date of the expiration of such license.

Sec. 6-2-6 Display

  Each license issued under the provisions of this Chapter shall be in the operator's possession whenever the operator dispenses beverages.

Sec. 6-2-7 Revocation

  Violation of any of the terms or provisions of the State Law or of this Chapter relating to operator's licenses by any person holding such operator's license shall be cause for revocation of the license by the City Council.

Sec. 6-2-8 Temporary Operator's License

(a) A temporary operator's license may be issued only to persons employed by or donating their services to nonprofit organizations.

(a) A person is limited to only one such license in a year.

(a) The license is valid for any period from one (1) to fourteen (14) days, and the period must be indicated on the license.

Chapter 3: Pharmacist's Permits; Non-Intoxicating Beverages License; Cigarette Sales

 

Sec. 6-3-1 Pharmacists' Permits

(a) A permit for the sale of intoxicating liquor pursuant to Section 176.18 of the Wisconsin Statutes may be granted to a registered pharmacist upon action by the City Council. A separate application for each premises shall be made to the City Clerk-Treasurer upon forms provided by him.

(b) Upon the approval of the application by the City Council, the City Clerk-Treasurer shall, upon filing by the applicant of a receipt showing the payment to the City of a permit fee, issue to the applicant a permit which shall remain in force until the first day of July next after the granting thereof.

(c) Each permit shall be numbered in the order in which issued and shall specifically state the premises for which issued, the fee paid and the name of the licensee.

(d) The fee for such permit shall be as designated in Title I.

Sec. 6-3-2 Non-Intoxicating Beverage License

(a) LICENSE REQUIRED. No person shall manufacture, sell for wholesale or retail, or sell for consumption on the premises, or keep for sale at wholesale or retail or for consumption on the premises where sold, any beverages containing less than one-half (½) of one (1) percent of alcohol by volume, without having first procured a license thereof.

(b) EXCEPTION. A licensee who has obtained a license to sell intoxicating liquor or fermented malt beverages, shall not be required to obtain a license to sell non-intoxicating beverages under this section.

(c) APPLICATION. Application for a non-intoxicating beverage license shall be made in writing to the City Clerk-Treasurer on forms to be provided by him, which application shall be properly signed and sworn to before a notary public or other official authorized to administer oaths. The application shall designate the specific premises for which the license is sought and shall be referred by the City Clerk-Treasurer to the City Council.

(d) FEES. The license fee for a non-intoxicating beverage license shall be as established and listed in Title I of this Code.

(e) EXPIRATION. The license issued under the provisions of this section shall expire on June 30th following the date of issuance.

(f) REMOVAL OF BUSINESS. In case of the removal within the license period of the place of business from the premises designated in the license to another location within the City, the licensee shall give notice of such change of location, and the license shall be amended accordingly without payment of an additional fee. No such license, however, shall be transferable from one person to another.

Sec. 6-3-3 Cigarette Sales

(a) LICENSE REQUIRED. No person, firm or corporation shall in any manner, directly or indirectly, upon any premises, or by any device sell, exchange, barter, dispose of, or give away, or keep for sale any cigarettes, cigarette paper or cigarette wrappers, or any substitute therefor, or any tobacco products as defined by applicable State statue, without first obtaining a license as hereinafter provided.

(b) APPLICATION FOR LICENSE; FEE. Every person, firm or corporation desiring a license under this section shall file with the City Clerk a written application therefor, stating the name of the person and the place for which such license is desired. Each license shall be filed by the City Clerk and shall name the licensee and the place wherein he is authorized to conduct such business, and the same shall not be delivered until the applicant shall pay to the Clerk a license fee as provided for in Title I of this Code. In case of a change of ownership in any license location, the City Clerk may authorize transfer of such license to the new owner.

(c) ISSUANCE AND TERM OF LICENSE. Such licence shall be issued by the City Clerk. Each license shall be issued on the first day of July in each year, or thereafter whenever applied for, and shall continue in force from the date of issuance until the succeeding June 30th until sooner revoked for any violation of this Section.

Chapter 4: Direct Sellers

 

Sec. 6-4-1 Registration Required

  It shall be unlawful for any direct seller to engage in direct sales within the City of Two Rivers without being registered for that purpose as provided herein.

Sec. 6-4-2 Definitions

  In this ordinance:

(a) DIRECT SELLER means any individual who, for him/herself, or for a partnership, association or corporation, sells goods, or takes sales orders for the later delivery of goods, at any location other than the permanent business place or residence of said individual, partnership, association or corporation, and shall include, but not be limited to, peddlers, solicitors and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer.

(b) PERMANENT MERCHANT means a direct seller who, for at least one year prior to the consideration of the application of this ordinance to said merchant, (1) has continuously operated an established place of business in this City, or (2) has continuously resided in the City and now does business from his/her residence.

(c) GOODS shall include personal property of any kind, and shall include goods provided incidental to services offered or sold.

(d) CHARITABLE ORGANIZATION shall include any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such.

(e) CLERK shall mean the City Clerk-Treasurer.

Sec. 6-4-3 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 goods at wholesale to dealers in such goods;

(c) Any person selling agricultural products which such person has grown;

(d) Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within this county and who delivers such goods in their regular course of business;

(e) Any person who has an established place of business where the goods being sold are 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;

(f) Any person who has had, or one who represents a company which has had, a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer;

(g) Any person selling or offering for sale a service unconnected with the sale or offering for sale of goods;

(h) 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;

(i) 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 Sec. 440.41, Wis. Stats. Any charitable organization not registered under Sec. 440.41, Wis. Stats., or which is exempt from that statute's registration requirements, shall be required to register under this ordinance;

(j) 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 one year, or purchased, the premises from which he/she is conducting business, or proof that such person has conducted such business in this city for at least one year prior to the date complaint was made;

(k) Any church, charitable, or fraternal organization whose principal location is in the City.

(l) Any vendor selling products at a special event being held on City owned property or on a City street, when such vendor has been authorized to sell from that location by the City Manager or a City department head, or when such vendor has been authorized to sell from that location by an organization that has been given permission to use that city property or street fro such special event by action of the City Council.

Sec. 6-4-4 Registration

(a) Applicants for registration must complete and return to the clerk a registration form furnished by the Chief of Police which shall require the following information:

(b) Applicants shall present to the Chief of Police for examination:

(c) LICENSE REGISTRATION FEE.

Sec. 6-4-5 Investigation

(a) Upon receipt of each application, the Chief of Police shall make and complete an investigation of the statements made in such registration.

(b) The Chief of Police shall refuse to register the applicant if it is determined, pursuant to the investigation above, 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 last cities, villages and towns, in which the applicant conducted similar business; or the applicant failed to comply with any applicable provision of 6-4-4(b) above.

Sec. 6-4-6 Appeal

  Any person who receives a determination or order from the Chief of Police under this Chapter and objects to all or any part thereof may appeal to the City Manager within seven days of receipt of the order and the City Manager shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the City Manager may reverse, affirm or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The City Manager shall by letter notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded and file its written decision with the City Clerk-Treasurer.

Sec. 6-4-7 Regulation of Direct Sellers

(a) PROHIBITED PRACTICES.

(b) DISCLOSURE REQUIREMENTS.

Sec. 6-4-8 Revocation of Registration

(a) Registration may be revoked by the Chief of Police if the registrant made any material omission or materially inaccurate statement in the application for registration, made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in direct sales, violated any provision of this Chapter.

(b) Upon revocation, the appeals process of Section 6-4-6 may be utilized by the registrant.

Sec. 6-4-9 Vendors from Special Vehicles

(a) Vendors. Any person who shall vend any product from a vehicle especially equipped for that purpose ("Vendors") shall be considered a Direct Seller for purposes of this Chapter, and the terms and provisions of Sections 6-4-1 through 6-4-8 shall apply to such persons unless they are inconsistent with this Section.

(b) Qualifications. In addition to other requirements of Chapter 4 of Title 6, Vendor shall have a current drivers license issued pursuant to the Wisconsin Statutes and shall be familiar with those sections of the rules of the road relating to parking restrictions, and shall abide by the provisions thereof. Vendors shall be familiar and comply with all other applicable provisions of this Code.

(c) Requirements for Vehicles and Insurance. Any vehicle used or operated by a Vendor hereunder shall be insured for liability for property damage and personal injury by a reputable, licensed insurer satisfactory to the City. A certificate of insurance verifying insurance coverage shall be filed with the City with each application for registration by a Vendor. Such insurance shall provide for policy limits of at least $250,000 for one person and $500,000 for any number of persons injured or killed in one accident, and $100,000 property damage. Vendors' vehicles shall comply with Chapter 347 of the Wisconsin Statutes, as it may be amended or renumbered, relating to equipment of vehicles. Bells or chimes approved by the Police Department may be used as devices to attract customers, but no other type of noise making device shall be permitted for that purpose. The Vendor shall comply with such other conditions as may be imposed by the City. The registration issued pursuant to this section shall be effective for a period of one year from its issuance, provided it is not earlier revoked.

(d) Hours of Operation. No vehicle used by a Vendor shall be operated for the purpose of sales prior to 10:00 a.m. and later than one half hour after sunset, provided that the City Council may make an exception to the requirement for special events.

(e) Limitations. Except as expressly provided herein, no product shall be dispensed by Vendors on Washington Street between the north curb line of 22nd Street to the south curb line of 12 th Street. This prohibition shall not apply in the case of any special event taking place on Washington Street authorized by the City Council.

(f) Revocation. A registration is issued to a Vendor maybe revoked by the Chief of Police if the vendor made any material inaccurate statement in the application for registration or violated any provision of this section, or any other applicable provision of Chapter 4 Title 6 of the City's Municipal Code. Upon revocation, the vendor may appeal to the City Council. Such appeal shall be made in writing and shall be submitted to the City Clerk, within 30 days after revocation.

(g) Exceptions. Section 6-4-9 of the Municipal Code shall not apply to any vendor selling products form a parked vehicle at a special event held on city owned property or a city street, if such vendor has been authorized to sell products from that location from the City Manager or a City Department Head, or if such vendor has been authorized to sell from that location by an organization that has been given permission to use at city property or street for such special event by action of the City Council.

Chapter 5: Licensing of Dogs and Regulation of Animals

 

Sec. 6-5-1 Dog License Required

  It shall be unlawful for any person in the City of Two Rivers to own, harbor or keep any dog more than five (5) months of age without complying with the provisions of Section 174.05 through Section 174.10, Wisconsin Statutes, relating to the listing, licensing and tagging of the same.

Sec. 6-5-2 Rabies Vaccination Required for License

  The owner of a dog shall have the dog vaccinated against rabies by a veterinarian within thirty (30) days after the dog reaches four (4) months of age and re-vaccinated within one (1) year after the initial vaccination. If the owner obtains the dog or brings the dog into this City after the dog has reached four (4) months of age, the owner shall have the dog vaccinated against rabies within thirty (30) days after the dog is obtained or brought into the City unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog re-vaccinated against rabies by a veterinarian before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within three (3) years after the previous vaccination.

Sec. 6-5-3 Issuance of Licenses

(a) Upon payment of the required dog license fee and upon presentation of evidence that the dog is currently immunized against rabies, the City Clerk-Treasurer shall complete and issue to the owner a license for the dog bearing a serial number and in an approved form stating the date of its expiration, the owner's name and address, and the name, sex, spayed or un-spayed, neutered or un-neutered, breed and color of the dog.

(b) License fees are established and listed in Title I of this Code.

(c) The owner of more than one dog may in lieu of obtaining a license for each dog as required by this Chapter, apply for and obtain a multiple dog license.

Sec. 6-5-4 Kennel Licenses

  The

(a) Each such person or persons shall complete an Application for Kennel License and shall deliver that application along with the required Kennel License fee to the City Clerk's Office. Such forms shall be available from the City Clerk's Office and the Police Department

(b) Such licenses may be transferred from one property to another within the City, provided that the new location is inspected and approved by the City's Kennel Inspector and provided the premises are not in violation of any other provisions of the Municipal Code. An additional Kennel License fee must be paid in advance of such inspection.

(c) Any person who keeps or operates a kennel may, instead of obtaining a dog license for each dog, apply for a multiple dog license as outlined in this chapter.

(d) The owner or keeper of a kennel shall keep at all times a dog license/tag attached to the collar of each dog over five (5) months old kept by the owner or keeper under a kennel license but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area.

(e) Penalty. Any person who violates this ordinance shall be subject on conviction to a forfeiture in the amount of $50.00, plus costs and fees imposed by law. Each day a violation continues or occurs shall constitute a separate offense.

Sec. 6-5-5 Late Fees

  The City Clerk-Treasurer shall assess and collect a late fee of $5.00 from every owner of a dog five (5) months of age or over, if the owner failed to obtain a license prior to April 1 of each year, or within thirty (30) days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age. All late fees received or collected shall be paid into the local treasury as revenue of the City.

Sec. 6-5-6 Penalty for Failure to Obtain Rabies Vaccination

  An owner who fails to have a dog vaccinated against rabies as required under Section 6-5-2 may be required to forfeit not less than $50.00 nor more than $100.00.

Sec. 6-5-7 Restrictions on Keeping Dogs, Cats, and Other Animals

(a) DEFINITIONS.

(b) RESTRICTIONS. It shall be unlawful for any person within the City of Two Rivers to own, harbor or keep any animal, or be the responsible person for any animal which:

(c) EXCEPTIONS. An animal shall not be considered at large within the meaning of this section if:

(d) PENALTY. In addition to any other penalty available, any person in violation of this ordinance shall be subject to a forfeiture of $50.00, plus costs. Provided, however, that such persons shall be subject to a forfeiture of $100.00, plus costs, for a second offense not arising out of the same incident and occurring within any twelve-month period; and $200.00, plus costs, for a third and any subsequent offenses not arising out of the same incident and occurring within any twelve-month period. If any person shall violate this ordinance on three or more occasions in any twelve-month period and such violations involve the same animal, application may be made to a court of competent jurisdiction for an order requiring the removal of the animal in question from the City limits and, upon issuance of such an order, the person owning, harboring or keeping the dog in question shall be liable for all court costs incurred in obtaining the order.

Sec. 6-5-8 Impoundment of Animals

(a) For the purpose of this Section, An animal shall mean any living nonhuman creature owned, kept or maintained by any person.

(b) For the purpose of this Section, an animal is considered to be running at large if it is off the premises of its owner or keeper and not under the control of the owner or keeper or some other person.

(c) IMPOUNDING OF ANIMALS. The Police Department may seize and impound any animal running at large, or any animal required to be licensed which is un-licensed and at large or upon a persons premises. Such animal shall be impounded as soon as reasonably possible at the Manitowoc County Animal Shelter, or at some other appropriate shelter if the Manitowoc County Animal Shelter is unable or unwilling to accept the animal. Upon such impoundment the Police Department shall notify the owner or keeper personally or through the United States mail if such owner or keeper be known to the Police Department or can be ascertained with reasonable effort. If after seven (7) days the owner or keeper does not claim such animal, the Police Department may cause the disposal of the animal in a proper and humane manner and as allowed by applicable law.

(d) OWNER MAY REDEEM ANIMAL. The owner or the duly authorized agent of the owner of any animal impounded may redeem the animal within the period specified upon the payment of impoundment and boarding fees as determined by the Manitowoc County Animal Shelter, or other shelter if the Manitowoc County Animal Shelter was unable or unwilling to accept the animal. In addition to these fees, the owner of the animal or the keeper of the animal shall pay an additional $50.00 fee to the City of Two Rivers to be used to offset the cost of transporting the animal to the animal shelter.

(e) CITY NOT LIABLE FOR IMPOUNDMENT. The City of Two Rivers shall not be liable for the death or injury of the animal which has been impounded or disposed of pursuant to this Section.

(f) SEVERABILITY. Provisions of this Ordinance are declared to be severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance which shall remain in effect.

Sec. 6-5-9 Dogs, Cats and Other Animals Prohibited on Public Grounds and Cemeteries and in Public Buildings

(a)PROHIBITIONS

(b)EXCEPTIONS

(c) DOWNTOWN SPECIAL EVENTS. Animals are hereby prohibited in East and West Central Park and on the public streets and sidewalks located within those street segments that are closed to vehicular traffic for the following events: Cool City Classic Car Cruise, Cool City Classic Car Show and Ethnic Festival. Exceptions (b)(2) through (b)(7) above shall be applicable to this prohibition.

(d) ADDITIONAL PROHIBITIONS OR EXCEPTIONS. The City Council may, by resolution, enact prohibitions or exceptions in addition to those identified above, on a temporary basis for a period not exceeding thirty (30) days.

Sec. 6-5-10 Animals, Fowl, Doves and Pigeons Running at Large

  No person having in his possession or under his control any dog, cat, animal or fowl shall allow the same to run at large within the City. No person having in his possession or under his control any dove or pigeon shall allow the same to be at large from 9:00 AM to 5:00 PM from May 1 through July 31.

Sec. 6-5-11 Cruelty to Animals and Birds Prohibited

  No person, except a peace officer or health or humane officer in pursuit of his duties, shall within the City shoot or kill or commit an act of cruelty on any animal or bird.

Sec. 6-5-12 Horses and Horseback Riding

(a) AREAS OF RIDING RESTRICTED. No person shall engage in horseback riding in the City except on the private property of the rider, the property of another with his consent, or designated bridle trails on public or private property.

(b) RIDING ON PUBLIC PROPERTY RESTRICTED. No person shall engage in horseback riding upon a traveled portion of any highway, except to cross the same, or where no shoulders exist, riding in the right hand lane will be permitted only between the hours of sunrise and sunset, nor in school yards, public parks or on other public property, except when the same is done as a participant in connection with a public event such as a parade or fair.

(c) ORDERLY RIDING. No person shall ride a horse in the City, except the same shall be thoroughly broken and properly restrained with a bridle. No person shall engage in a horse race on public property within the City. Every person shall ride a horse with proper care and in such a manner as not to endanger the safety or property of himself or others.

(d) RUNNING AT LARGE OR UNATTENDED PROHIBITED. No owner, keeper or person having a horse or horses under his control shall allow the same to run at large. No person shall allow any horse under his control to damage public or private property nor shall any person hitch or tie a horse to any rock, tree or shrubbery or allow the animal to remain unattended on private or public property without proper consent.

(e) STABLING OF HORSES. No person shall keep or stable any horse, except as permitted by the Zoning chapters of this Code.

(f) This ordinance shall not apply to horses engaged in law enforcement work by the Police Department.

Sec. 6-5-13 Neglected or Abandoned Animals; Police Power

  Any police officer may shelter and care for any animal found to be cruelly exposed to the weather, starved, neglected, abandoned, or otherwise treated in a cruel manner, and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases the owner, if known, shall be immediately notified and the person having possession of the animal shall have a lien thereon for his care, keeping, medical attention and expenses of notice. Whenever in the opinion of a police officer, an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, such police officer may kill such animal.

Sec. 6-5-14 Harboring Vicious Animals

  It shall be unlawful for any person to harbor or keep a vicious animal within the City of Two Rivers. An animal is deemed to be vicious if it has attacked or bitten any person or domestic animal as defined in Wis. Stats. Sec. 174.001(2g) and any successor thereto, or when a propensity to attack or bite persons or domestic animals exists and is known or should reasonably be known to the person harboring such animal. Any such animal which is found off the premises of its owner may, under the circumstances allowed by state statute, be seized by any police officer or humane officer and may be impounded or killed upon application to a court of competent jurisdiction, or otherwise to the extent allowed by state statute. This Section shall not be construed to limit the right of police officers to kill an animal without court permission when such action is allowed by statute.

Sec. 6-5-15 Dog Feces

(a) REMOVAL FROM PROPERTY. No person owning, keeping, possessing or harboring a dog, cat, horse or any other animal shall allow the animal to soil, defecate on or commit any nuisance on public property, or the property of another, unless the person responsible for the animal immediately removes and disposes all feces of the animal in a sanitary manner.

(b) MEANS OF TRANSMITTAL REQUIRED. Any person causing or permitting a dog, cat, horse or any other animal to be on any property, public or private, not owned or occupied by such person shall have in his or her immediate possession a device or object suitable for removal of excrement and a depository for the transmission of excrement to the property owned or occupied by such person.

Sec. 6-5-16 Animal Bites

(a) SURRENDER OF ANIMAL. The owner of any dog, cat or other animal, where there is a rabies vaccine approved, licensed, or shown to be efficacious for that animal, which has bitten any person shall, upon the demand of the Police Department, produce and surrender up such animal to said department to be held in quarantine for a minimum of ten (10) days.

(b) QUARANTINE.

(c) CAPTIVE WILDLIFE BITES. Captive wildlife are wild carnivores, mammals, and bats (as well as the offspring of wild animals crossbred with domestic dogs and cats, such as wolf hybrids) for which there is no vaccine approved, licensed, or shown to be efficacious. Therefore, in all bite cases these captive wildlife are considered to be a wild, non-vaccinated animal regardless of its vaccination status. These captive wildlife animals involved in bite incidents shall be, as immediately as is possible, taken into custody and be humanely killed with the head submitted to the State of Wisconsin for rabies examination. The total cost of euthanasia, transportation, expenses and examination related to this captive wildlife bite animal will be the responsibility of the owner of the captive wildlife involved.

(d) ANIMAL SUSPECTED OF RABIES. The owner of any dog, cat, or other animal which has contracted rabies, or which has been subjected to the same, or which is suspected of having rabies shall immediately notify the Manitowoc County Humane Officer or the Police Department of the City of Two Rivers. The owner shall produce and surrender up such animal to the officer to be held in quarantine at a veterinary hospital for a period needed by the veterinarian to determine if it is rabid or not.

(e) COST OF QUARANTINE. The owner shall assume the charges for boarding such animal during the quarantine period.

(f) PENALTY. Any person who fails to produce and surrender up any animal pursuant to this section, shall be subject to a forfeiture consistent with the penalty section of the City Code.

(g) KILLING OF RABID ANIMAL. No person other than the Humane Officer shall kill or cause to be killed any animal suspected of being rabid. The animal suspected of being rabid shall be placed in quarantine and a diagnosis of rabies made by a licensed veterinarian. If a veterinarian does diagnose rabies in an animal in quarantine, then the animal shall be humanely euthanized and the head of such animal sent to a laboratory for pathological examination and confirmation of the diagnosis.

Sec. 6-5-17 Wolf/dog Hybrid Regulation and Confinement

(a) A wolf/dog hybrid is defined as any cross-breed resulting from the mating of a domesticated dog and a wolf, coyote, jackal or dingo or resulting from the mating of any wolf/dog hybrid and another wolf/dog hybrid or a domesticated dog. As used herein:

(b) No person shall harbor, keep or maintain within the City of Two Rivers any wolf/dog hybrid which has not been registered pursuant to Sec. 6-5-18 of the Municipal Code on or before July 1, 1996. This prohibition shall not apply to animals being transported through the city limits of the City of Two Rivers within a one-hour period of time. A pup born to a female wolf/dog hybrid so registered shall be removed from the City of Two Rivers before it has reached the age of five (5) months. Wolf/dog hybrids permitted in the City of Two Rivers shall be confined as set forth in this Ordinance.

(c) Whenever any person is charged with harboring, keeping or maintaining a wolf/dog hybrid in the City of Two Rivers which has not been registered on or before July 1, 1996, that person shall, to the satisfaction of the Court, remove said animal from the City of Two Rivers until a trial on the citation. If said animal has not been so removed within forty-eight (48) hours of the service of the citation, the said animal may be impounded as directed by the City of Two Rivers Police Department until the trial on the citation. In that case, the owner of any such animal shall pay all expenses incurred due to such impoundment, including but not limited to the cost of shelter, food, handling and veterinary care/ If is determined by plea or trial that said animal is a wolf/dog hybrid not registered pursuant to Sec. 6-5-18 on or before July 1, 1996, it shall be removed from and not returned to the City of Two Rivers.

(d) The owner of any wolf/dog hybrid permitted to be kept in the City of Two Rivers, and the owner of any property on which such wolf/dog hybrid is kept, shall see that the animal is at all times confined according to the minimum requirements of this Ordinance.

(e) A wolf/dog hybrid may be kept only in enclosures that meet the following minimum requirements:

(f) A wolf/dog hybrid may be transported only if confined in a secure, locked container, covered with 1/4" galvanized fine mesh screen. This paragraph shall not prohibit the walking of such animals, provided they are muzzled and restrained by a leather lead, at least one inch (1") in diameter and not exceeding three (3) feet in length, attached to a metal choker-type collar, under the control of an adult. The muzzle must be made in a manner that will not cause injury to the wolf/dog hybrid or unduly interfere with its vision or respiration, but will prevent it from biting any person or animal.

(g) To insure compliance with this ordinance, any person possessing any registration papers, certificate, advertisement, or other written evidence relating to the bloodlines or ownership of a canine animal found within this city shall produce the same for inspection on demand of any law enforcement, conservation or public health officer or court.

(h) No person shall own, harbor or keep in his/her possession on any one parcel of property more than three (3) wolf/dog hybrids over five (5) months of age at any one time, nor shall any person retain a litter or portion of a litter of wolf/dog hybrids longer than five (5) months.

(i) The foregoing provisions of this ordinance shall not apply to Doctors of Veterinary Medicine in temporary possession of wolf/dog hybrids in the ordinary course of their practice.

(j) Violation of any of the foregoing provisions of this ordinance shall be subject to penalties as provided in the general penalty provisions of the Municipal Code of the City of Two Rivers, as set forth in Sec. 1-1-7 thereof.

(k) No person shall willfully or negligently release or abandon a wolf/dog hybrid as defined herein within this City.

(l) Any person who violates paragraph (k) of this ordinance shall forfeit not more than $10,000.00, plus the cost of prosecution for each violation. Any person who is in default of the payment of forfeitures or costs imposed hereunder, unless found indigent by a court of competent jurisdiction, shall be imprisoned in the Manitowoc County jail for up to ninety (90) days for each violation or until payment has been made.

(m) The provisions of this ordinance are declared to be severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining sections, paragraphs, sentences, clauses and phrases of this ordinance, which shall remain in effect.

  As to any person keeping wolf/dog hybrids in existing enclosures in the City of Two Rivers on the date of passage of this ordinance, Paragraph (e) shall take effect on August 15, 1996; for all other persons, said paragraph shall take effect and be in force from and after passage and publication as provided by law. The remaining provisions of this ordinance shall take effect and be in force from an dafter passage and publication as provided by law.

Sec. 6-5-18 Wolf/dog Hybrid Registration

(a) In this Ordinance, "wolf/dog hybrid" shall be defined as provided in Sec. 6-5-17(a) of the Municipal Code of the City of Two Rivers.

(b) All owners of any wolf/dog hybrid in the City of Two Rivers, shall, on or before July 1, 1996, and annually thereafter on or before April 1st of each year, register such animal and provide a current color photograph of such animal with the City Clerk-Treasurer's office and pay a registration fee of $25.00. At the time of registration, each owner of any wolf/dog hybrid kept within the city limits of the City of Two Rivers shall provide to the City Clerk-Treasurer proof of liability insurance in the amount of at least one hundred thousand dollars ($100,000.00) for any acts of property damage, personal injury or other liability incurred by virtue of any injury or damage inflicted by such wolf/dog hybrid. Such insurance shall name the City of Two Rivers as co-insured solely for the purpose of notice of cancellation of such insurance policy.

(c) The owner or keeper of a wolf/dog hybrid shall display on the premises on which such animal is kept signs warning that there is a wolf/dog hybrid on the property as provided herein. Such signs shall be visible and capable of being read within at least twenty (20) feet of their placement, but shall not be more than two (2) square feet in area, and shall state in bold, capital letters, on a white background, the following: "WARNING--WOLF/DOG HYBRIDS PRESENT". One such sign shall be placed in the front yard of any property on which any wolf/dog hybrid is kept, as said term is defined in Sec. 10-1-7(a)(64) of the Municipal Code of the City of Two Rivers, and additional such signs shall be placed on all gates or doors providing access through the second (outermost) enclosure required under Sec. 6-5-17 of the Municipal Code of the City of Two Rivers.

(d) Any person who fails to register a wolf/dog hybrid or fails to post signage as required by the Ordinance shall be subject to penalty as provided in the general penalty provisions of the Municipal Code of the City of Two Rivers as set forth in Sec. 1-1-7 thereof.

(e) The provisions of this ordinance are declared to be severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining sections, paragraphs, sentences, clauses and phrases of this ordinance, which shall remain in effect.

Sec. 6-5-19 Authority to Grant Exceptions

(a) AUTHORITY TO GRANT EXCEPTIONS. The City Council may by resolution except all or any portion of a school ground, public playground, public park, beach area, or other public grounds or cemetery within the City, from the application of the requirements of all or any part of Sections 6-5-7, 6-5-9, or 6-5-15 of the Municipal Code, when it deems such exception to be in the public interest. Such resolution may include such conditions and restrictions as the Council may deem necessary to protect the health, safety and welfare of the general public, and residents and property owners of the City. Any such resolution may be repealed, modified or superceded by subsequent resolution of the Council.

Sec. 6-5-20 Feeding of Deer Prohibited

(a) No person may place or allow any device or any fruit, grain, mineral, plant, salt, vegetable or other materials outdoors on any public or private property for the purpose of attracting or feeding deer.

(b) PRESUMPTION. There shall be a rebuttable presumption that either of the following acts are for the purpose of attracting or feeding deer:

(c) EXCEPTIONS. This ordinance shall not apply to the following situations:

(d) PENALTY. Any person violating any provision of this section shall forfeit not less than $50.00 dollars nor more than $500.00 dollars for reach offense, together with costs of prosecution. A separate offense shall be deemed committed on each day or part of each day during which a violation occurs or continues.

Sec. 6-5-21 Limit on Number of Dogs and Cats

(a) Purpose. The owning, harboring, maintaining or keeping by any person of a large number of dogs, cats, or a combination of those animals, within the City detracts from the quality of life within the City due to various noise, odor, health and safety problems which may create a public nuisance.

(b) Limitation. No person or persons may own, harbor, maintain, or keep in their possession in any apartment, house, condominium, or on any single parcel of land, more than 3 dogs, 5 cats, or any combination of those animals exceeding 5 in number, over the age of five (5) months, unless they possess a valid Kennel License which is in full force and effect. Notwithstanding the foregoing to the contrary, any litter of puppies or kittens or a portion of a litter may be kept for a period of time not exceeding five (5) months from birth. Dogs or cats over the age of five (5) months shall be considered "adult" animals, as that term is used in this ordinance.

(c) Exception by Permit. Any person or persons who does not possess a valid kennel license, and, following the effective date of this ordinance, owns, harbors, maintains or keeps any adult dogs and/or cats on a premises in the City of Two Rivers in excess of the maximum number permitted herein may retain those animals if the following conditions are met:

(d) Penalty. Any person who violates this ordinance shall be subject on conviction to a forfeiture in the amount of $50, plus costs and fees imposed by law. Each day a violation continues or occurs shall constitute a separate offense.

Chapter 6: Taxi Cabs

 

Sec. 6-6-1 Regulation of Taxicabs

(a) LICENSE REQUIRED. No taxicab shall be operated upon the streets of the City for the purpose of transporting passengers to and from locations within the boundaries of the City until a license has been obtained from the City Council therefor.

(b) TAXICAB DEFINED. "Taxicab" shall include all vehicles carrying passengers for hire for which public patronage is solicited excepting the municipal bus system.

(c) APPLICATION FORM. Applications for licenses for taxicabs shall be made by the owner thereof upon blank forms to be furnished by the City Clerk-Treasurer. Any such application shall contain the full name and address of the owner, the make, model and year, engine number and the factory number of the motor vehicle.

Sec. 6-6-2 Insurance Required

  It shall be unlawful to operate a vehicle for the conveyance of passengers for hire to and from locations within the boundaries of the City or permit the same to be operated, nor shall any license be issued hereunder, until and unless the applicant for a license deposits with the City Clerk a certificate of liability insurance to be acceptable and approved by the City Clerk and issued by a company authorized to do business in the State of Wisconsin, indemnifying the applicant in the amount of $50,000 for damage to property and $100,000 for injury to one (1) person cause by the operation of said vehicles in the City.

Sec. 6-6-3 Inspection Required

  No vehicle shall be licensed until it has been annually examined by the Chief of Police, or such person as he may designate, and found to be in a thoroughly satisfactory and safe condition for the transportation of passengers, clean, of good appearance and well painted, and that said vehicle complies with all the other provisions of this Chapter. If such examination and inspection shows that vehicle does not comply with any of the provisions of this Section, no license shall be issued. At the request of the Chief of Police, the taxicab owners shall take their vehicles to a reputable garage for an independent inspection at the owner's expense.

Sec. 6-6-4 Conditions of License

(a) LICENSES NONTRANSFERABLE. Licenses issued or granted under this chapter shall be non-assignable and nontransferable.

(b) INFORMATION CARD TO BE DISPLAYED. A card containing the name of the owner, license number, the number of the vehicle, and rates of fare printed thereon shall be placed and at all times kept in a conspicuous place inside such vehicle.

(c) LIABILITY OF LICENSEE. Any licensee shall be liable for any violations of ordinances or statutes by any and all persons operating taxicabs under its license.

(d) CITY COUNCIL MAY IMPOSE FURTHER RESTRICTIONS. Any licensee hereunder shall be subject to such further regulations and restrictions as may be imposed at any time by the City Council.

Sec. 6-6-5 Substitute Taxicabs

  Whenever a licensed taxicab shall for any cause become temporarily unfit for use in said business, another automobile may be temporarily used by the licensee as a substitute, but only upon the following conditions:

(a) It shall not be so used unless the insurance policy required by this chapter for licensed taxicabs affords like coverage for such substituted automobile.

(b) The substituted vehicle shall be in a satisfactory and safe condition for thetransportation of passengers. If in use for more than 48 hours, the inspection requirements of Section 6-6-3 shall apply.

Sec. 6-6-6 Taxicabs License Fees

  An annual fee is established and listed in Title I of this Code.

Sec. 6-6-7 Revocation of License

(a) REVOCATION. Licenses granted under Sections 6-6-1 through 6-6-4 may be suspended or revoked at any time by the Chief of Police for any violation of this chapter When a taxicab license is revoked or canceled as herein provided, the Chief of Police shall immediately notify the owner to cease at once to operate the vehicle for which the license has been revoked as a taxicab.

(b) APPEALS. Any person who receives a revocation of license and objects to all or part thereof may appeal to the City Council within seven days of the receipt of the order and the City Council shall hear such appeal within thirty days of receipt of such written notice of the appeal. After such hearing, the City Council may reverse, affirm or modify the order or determination.

Sec. 6-6-8 Operator's License

(a) LICENSE REQUIRED. No person shall operate any vehicle for the transportation of passengers for hire to and from locations within the boundaries of the City until a license has been granted by the City Council.

(b) TEMPORARY LICENSES. The Chief of Police may issue temporary drivers' licenses to applicants who, in his opinion, meet the qualifications set forth in this section. Such temporary drivers' licenses may be issued at any time by the Chief of Police after an applicant has filed an application and has deposited the fee required and shall be in force and effect until the Council shall have approved or disapproved of the applicant's application for a permanent driver's license. The Chief of Police may revoke such temporary driver's license at any time.

(c) LICENSE NOT GRANTED. An operator's license shall not be granted to any person:

(d) FEES. License fees shall be as established and listed in Title I of this Code.

Sec. 6-6-9 Regulations Regarding Operator's License

(a) DISPLAY OF LICENSE. Each licensee, upon receiving a license and photograph of driver, shall, under penalty of revocation of such license, constantly and conspicuously display such license inside the taxicab while licensee is engaged in his employment. Any driver loaning his license or permitting another person to use the same shall be guilty of an offense.

(b) DRIVER'S HOURS OF OPERATION LIMITED. It shall be unlawful for the operator of any public passenger vehicle for the conveyance of passengers for hire to operate said vehicle more than twelve (12) hours out of twenty-four (24). An operator shall be deemed to be operating a vehicle within the terms of this Sub-section whenever he is in charge of such vehicle and holding himself in readiness to convey passengers. Violation of this Sub-section shall be assessed to both the operator and the company.

Sec. 6-6-10 Suspension and Revocation

(a) An operator's license may be suspended or revoked at any time for a violation of this chapter or for any cause deemed sufficient by the Police Chief or the Judge of any court in which such driver is convicted of any offense, and the driver thereupon shall be deprived of his license by the authority suspending or revoking his license.

(b) When the license is suspended or revoked by any official other than the Police Chief, the driver's license and a record of such suspension or revocation shall be forthwith forwarded to the Police Chief.

(c) If the penalty is suspension of license, the license shall be returned to the driver at the expiration of the period for which the suspension is made. A second suspension for the same reason or a third suspension for any cause shall automatically revoke the driver's license.

(d) Where a license has been suspended or revoked by the court or a judge thereof, the approval of such court or judge shall be necessary for the restoration or reissue of such license.

(e) When a license is revoked, no other license shall be granted to such person within one year of the date of its revocation nor shall any part of the money paid for any license so revoked be refunded. The Police Chief shall inform the operator of the revocation or suspension and the reasons therefore in writing. Any suspension or revocation imposed by the Police Chief may be appealed within ten (10) days of such notice of revocation suspension to the City Council. After holding a hearing, the City Council shall make findings of facts and conclusions of law and may modify or reverse the suspension or revocation imposed by the Police Chief.

Sec. 6-6-11 Exemption

(a) The requirement of Chapter 6 of Title 6 of the Municipal Code shall not apply to any taxicab operator or taxicab duly licensed to operate as such by the governing body of any city, village or town in the State of Wisconsin, provided a certified copy of such license is filed with the City Clerk, and provided proof satisfactory to the City Clerk that such license remains in full force and effect is filed with the City Clerk upon request.

Chapter 7: Auctions

 

Sec. 6-7-1 Auction Permit Required

(a) WHEN REQUIRED. No person, firm or corporation on behalf of another, shall sell or offer for sale at public auction within the City any goods, wares or merchandise or other property without first having obtained from the City Clerk-Treasurer a permit in writing to do so. Such permit shall be granted only upon the conditions set forth in this chapter and shall be revoked for any violation of this chapter. The permit is valid for one year.

(b) EXCEPTIONS.

(c) APPLICATION. Application for a permit shall be by verified petition filed with the City Clerk-Treasurer, stating the name of the applicant, his residence and the street and number of the proposed place of sale. It shall set forth in detail a description of the goods to be sold and what statements or representations are to be made or advertised as to the same, the length of time for which the permit is desired, and, if the applicant has been previously engaged in a like or similar business, the places where the same were conducted, and shall furnish the City Clerk-Treasurer with such further evidence as shall be deemed necessary to establish the truth of the statements made in the petition. In no event shall the petition be supplemented or additional merchandise added to the stock set forth in the petition during the period for which the permit is granted. Such list of merchandise shall be submitted within two weeks of each auction. Said application shall further set forth all taxes previously levied or assessed against said stock of goods set forth in said inventory, whether against the applicant or any former owner thereof and no permit shall be granted for the sale thereof until all taxes owing as a result of assessment or levy shall have been paid. The applicant shall also report whether he was convicted of a crime, statutory violation or ordinance violation within the last three years.

(d) FEES. The fee for a permit shall be as provided for in Title I of this Code.

Sec. 6-7-2 Bond Required

  Each applicant for an auction permit shall execute and file with the City Clerk-Treasurer a good and sufficient bond issued by a surety company licensed to do business in the State of Wisconsin in the sum of $5,000.00, which bond shall be approved by the City Attorney as to form and execution. Such bond shall run to the City and to such persons as may be damaged or injured by reason of fraud or deception or misrepresentation with reference to any sales by auction, shall be conditioned upon the faithful observance of all provisions of this chapter, and shall also indemnify any purchaser at any auction sale who suffers loss by reason of misrepresentation or deception or fraud in such auction sales. Said bond shall be kept in full force and effect during the entire period for which the permit is granted and shall in addition thereto be kept in full force and effect for a period of three months after the time for which the permit is granted has expired. Said bond shall not be canceled or altered, except upon 20 days written notice to the City Clerk-Treasurer.

Sec. 6-7-3 Denial Or Revocation Of Permit

(a) DENIAL OR REVOCATION. An auctioneer's license may be revoked by the Chief of Police or renewal of such license may be refused by the City Clerk-Treasurer when it is determined:

(b) APPEALS. Any person who receives a determination or order from the City of Two Rivers regarding an auction permit and objects to all or any part thereof may appeal to the City Manager within 7 days of receipt of the order and the City Manager shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the City Manager may reverse, affirm, or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The City Manager shall by letter notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded and file its written decision with the City Clerk-Treasurer.

Sec. 6-7-4 Cappers, Boosters, And Shillers Prohibited

  No person shall act as bidder or what is commonly known as a "capper", "booster" or "shiller" at any auction or place or offer or make nay false bid to buy or pretend to buy any article sold or offered for sale at any public auction.

Sec. 6-7-5 Fraudulent Statements Regarding Goods

  No person selling or offering for sale at public auction any goods, wares, merchandise or real estate shall make any fraudulent representations regarding the character, quality, kind or description of the same.

Sec. 6-7-6 No Auction Wares On Sidewalk

  No goods, wares, or merchandise or thing whatsoever shall be placed, sold or exposed for sale at a public auction or vendue, in any street, sidewalk, alley or public grounds in the City.

Sec. 6-7-7 No Auction Bidding Held On Sidewalk

  No auctioneer, his agent or servant, or any person engaged or employed in selling goods or other things at auction shall expose for sale at public auction or vendue any goods, wares, or merchandise or other things whatever to any person or persons, who, at the time of bidding for the same, or whilst examining the same shall be on the sidewalk of any street in the City.

Sec. 6-7-8 Barkers Or Noise Not Permitted

  No solicitor, bellman or crier, or any drum, horn, or other instrument of music, or any show or signal, noise or other means of attracting the attention of the public, other than a stationary or fixed sign or flag, shall be employed, suffered or permitted to be used at or near any place of sale or auction fronting or abutting on any public thoroughfare in the City of Two Rivers.

Chapter 8: Jewelry Auction Sales

 

Sec. 6-8-1 1State Statutes Adopted

  The provisions of Section 130.07, Wis. Stats., are hereby adopted and by reference made a part of this Chapter as if fully set forth herein.

Chapter 9: Massage Establishments

 

Sec. 6-9-1 Regulation of Massage Establishments, Massage Technicians, and Employees

  It shall be unlawful for any person, corporation or other legal entity to suffer, cause or permit the operation of a massage establishment or for a person to operate as a massage technician, agent, manager or employee, except in strict compliance with this chapter.

Sec. 6-9-2 Definitions

  For the purpose of this chapter:

(a) MASSAGE. Massage means any process or procedure consisting of rubbing, stroking, kneading or tapping, by physical or mechanical means, upon the external parts or tissues of the body of another for a consideration.

(b) SEXUAL OR GENITAL PARTS. Sexual or genital parts shall include the genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.

(c) MASSAGE ESTABLISHMENT. Massage establishment means a place of business wherein private massage is practiced, used or made available as a principal use of the premises.

(d) MASSAGE TECHNICIAN. Massage technician means a person who practices, administers or uses massage for a consideration, who holds a valid license under this chapter.

(e) PATRON. Patron means any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any consideration therefore.

(f) OPERATOR. Operator means any person, association, firm, partnership, or corporation licensed by the City to operate a massage establishment.

(g) MANAGER. Manager means the operator or an agent licensed under this chapter who shall not be licensed as a massage technician.

(h) WAITING AREA. Waiting Area means an area adjacent to the main entrance that is separate from any area where massages are given.

(i) MASSAGE ROOM. Massage Room means the area where private massage is performed.

Sec. 6-9-3 Massage Establishment License

(a) No person, corporation, or other legal entity shall suffer, cause or permit the conduct of a massage establishment without having first obtained a license therefor from the City Council. A separate license shall be required for each such establishment.

(b) No license shall be granted for any establishment, the main entrance to which is within seventy-five (75) feet of the main entrance to a residence or of the common entry hall to residences, nor for any room or rooms in any hotel or motel.

(c) Application shall be made in writing on forms supplied by the City Clerk-Treasurer.

(d) All applications shall include:

(e) The issuance of this License shall allow for the licensing of up to three (3) additional managers for each establishment.

Sec. 6-9-4 Massage Technician's and Manager's License

(a) No person shall act or operate for a consideration as a massage technician or manager without having first obtained a permit to do so.

(b) Applications for permits shall be in writing on forms supplied by the City Clerk-Treasurer and shall include:

Sec. 6-9-5 Granting of Licenses

(a) Licenses may be granted by the City Council after a hearing at which the applicant may be heard at applicant's option. At least ten (10) days notice of such hearing shall be given to the applicant.

(b) The City Council shall grant a license within thirty (30) days of application unless it is shown, for a massage establishment license, that the operation as proposed by the applicant does not comply with all applicable State laws and City ordinances, and for all licenses that the applicant or any partner or any officer, director or stockholder of a corporate applicant has been convicted in a court of competent jurisdiction of an offense under Ch. 994, Wis. Stats., or involving substances included in Sub. II of Ch. 161, Wis. Stats., or of an offense against the person or property of another within the past three (3) years, that the information required on the application is incomplete or that any applicant has knowingly or with the intent to deceive made any false, misleading or fraudulent statement of fact in the application or any other document required by the City in conjunction therewith, or that the applicant has not resided in the City for at least ninety (90) days prior to the date of application.

(c) In the event of denial, the applicant shall receive written notification thereof setting forth the reasons of the denial within ten (10) days after such denial;

(d) Licenses granted by the Council shall expire one (1) year from the date of granting. Re-application therefor shall be not less than sixty (60) days prior to such expiration date and shall be the sole responsibility of the applicant.

(e) No license shall be transferred between locations or persons and no massage establishment license shall be sold or be subject to transfer of corporate assets or change of corporate officers or directors.

(f) The massage technician's license does not entitle the holder to operate or manage a massage establishment.

Sec. 6-9-6 Regulations of Operations and Licenses

(a) Each establishment shall at all times maintain and comply with the following regulations:

(b) Each technician shall at all times comply with the following regulations:

Sec. 6-9-7 Revocation or Suspension Of License

(a) GROUNDS. The license granted herein may be revoked or suspended by the Common Council:

(b) NOTICE AND HEARING. No license shall be revoked or suspended by the City Council except upon due notice and a hearing to determine whether the grounds for such action exist. The notice shall be in writing and shall state the grounds of the complaint against the licensee. The notice shall be served upon the licensee at least fifteen (15) days prior to the date of the hearing and shall state the time and place thereof. If personal service is not possible, notice may be given by publication. The licensee shall be entitled to be heard, to be represented, to cross-examine opposing witnesses, and to present witnesses in his or her own behalf under the subpoena of the City Council, if such is required. The hearing shall be stenographically recorded and a copy of the transcript shall be available to the licensee at the expense of the licensee. The City Council shall decide the matter and shall prepare a written decision which shall be filed with the City Clerk-Treasurer and a copy thereof mailed to the licensee within twenty (20) days after the hearing.

Sec. 6-9-8 Exceptions

  This chapter shall not apply to the following classes of individuals while engaged in the duties of their respective professions:

(a) Physicians, surgeons, chiropractors, osteopaths, masseurs, physical therapists or nurses, licensed or registered to practice their respective professions under the laws of the State of Wisconsin, or other states, who as part of their licensing have completed at least 500 hours of formal, specialized and accredited training in the licensed profession.

(b) Barber shops and beauty parlors, barbers and beauticians licensed under the laws of the State of Wisconsin, provided that such massage as is practiced is limited to the head and scalp.

(c) Accredited high schools and colleges and coaches and trainers therein while acting within the scope of their employment.

Sec. 6-9-9 Operation Without License A Public Nuisance

  The operation of a massage establishment or the activity of an individual as a massage technician without a license is deemed a public nuisance and may, in addition to other penalties as herein provided, be enjoined by the City.

Sec. 6-9-10 Penalty

  Any person who shall violate any provision of this ordinance shall be subject to a penalty as provided in Section 1-1-7 of this Code.

Chapter 10: Miscellaneous Licenses and Permits

 

Sec. 6-10-1 Closing-Out Sales

(a) APPLICATION.

(b) FEES. The fees for such licenses shall be as established and listed in Title I of this Code.

(c) REVOCATION.

Sec. 6-10-2 Pawnbrokers and Second Hand Article and Jewelry Dealers

(a) State Statute Adopted. Section 134.71 of the Wisconsin Statutes, as amended from time to time by the State legislature, is hereby adopted and incorporated by reference.

Sec. 6-10-3 Farmers' Market

(a) LOCATION. The location of the farmers' market shall be as designated by the City Council.

(b) RENTAL FEES. Stalls on such farmers' market may be rented according to the fees established and listed in Title I of this Code.

Sec. 6-10-4 Block Party Permits

(a) PERMIT REQUIRED. No person shall within the City block off a public street without obtaining a permit as required by this section.

(b) APPLICATION. Application for a permit for each block party shall be filed with the City Clerk upon forms provided by that department and shall contain or have attached thereto the following information.

(c) PERMIT FEE. Every applicant shall pay a permit fee as listed in Section 1-2-1 of this code.

(d) ISSUANCE OF PERMIT. The Council shall upon its approval of such application, after investigation, and the payment of the permit fee, issue to the applicant a permit to hold the block party at the specific location and specific date, time, and duration.

Chapter 11: Room and Lodging Tax

 

Sec. 6-11-1 Imposition of Room Tax

  IMPOSITION OF ROOM TAX. As authorized by Section 66.0615 Wis. Stat. a tax is hereby imposed on the privilege of furnishing, at retail, 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 use of the accommodations. Such tax shall be at a rate of six percent (6%) of the gross receipts from such retail furnishings of rooms or lodgings, but shall be increased by eight percent (8%) effective January 1, 2013.

Sec. 6-11-2 Definitions

  The terms "transient", "hotel", and "motel" shall have the meanings set forth in Section 77.52(2) (a) 1, Wis. Stats.

Sec. 6-11-3 Administration and Payment of Tax

(a) This chapter shall be administered by the Finance Director. Taxes imposed hereunder shall be payable on a monthly basis and shall be due and payable on the last day of the month next succeeding the month for which the tax is imposed. Each payment shall be accompanied by a return furnished by the Finance Director and completed by the taxpayer. Such return shall show the gross receipts for the preceding month subject to tax hereunder, the amount of taxes imposed for such period and such other information as the Finance Director may require.

Sec. 6-11-4 Audit; Records

(a) AUDIT. The Finance Director may, by office audit, determine the tax required to be paid to the City or the refund due any person under this chapter. This determination may be made upon the basis of the facts contained in the return being audited or on the basis of any other information within the Finance Director's possession. One or more such office audit determinations may be made of the amount due for any quarterly period or periods.

(b) INSPECTION OF RECORDS. Whenever the Finance Director has probable cause to believe that the correct amount of room tax has not been assessed or that the tax return is not correct, he shall have the right to inspect and audit the financial records of any person subject to the provisions of Section 6-11-1 hereof to determine whether or not the correct amount of room tax is assessed and whether or not any room tax return is correct.

(c) FAILURE TO PROVIDE RECORDS. Any person who, upon request for inspection and audit of financial records, fails to provide the same to the Finance Director within three days of such request, shall be subject to a forfeiture not to exceed five percent (5%) of the tax imposed under Section 6-11-1 above or Section 6-11-5 below.

Sec. 6-11-5 Determination Without Return

(a) If any person subject to Section 6-11-1 who is required to make a return fails, neglects or refuses to make a return, the Finance Director may according to his best judgment, make an estimate of the tax due for such quarter. Such estimate shall be based on any information available to the Finance Director. ON the basis of this estimate, the Finance Director shall compute and determine the amount to be paid to the City and shall add to such sum the penalty, if any imposed pursuant to Section 6-11-4 above.

(b) No refund or modification of the payment determined hereunder may be granted until the person files a correct tax return and permits the City to inspect and audit his or her financial records as requested pursuant to Section 6-11-4(b).

Sec. 6-11-6 Unpaid Taxes

  All unpaid taxes under this Chapter shall bear interest at the rate of one percent per month 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 Finance Director. Any extension of time within which to file a return shall not operate to extend the due date of the return for purposes of the interest computation hereunder.

Sec. 6-11-7 Records

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

(b) No person having an administrative duty under this chapter shall make known in any manner the business affairs, corporations or information obtained by an investigation of records of any person on whom a tax is imposed by this chapter, 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 of same to be seen or examined by any person, except as provided in this section. Any person violating this section shall be required to forfeit not less than $100.00 nor more than $500.00.

Sec. 6-11-8 Confidentiality

  All tax returns, schedules, exhibits, writings, or audit reports relating to such returns, on file with the Finance Director are deemed to be confidential, except that the Finance Director may divulge their contents to the following, bit no others:

(a) Person who filed the return

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

(c) Public officials, officers, employees or agents of the City of Two Rivers

(d) Pursuant to an Order of the Court

  No person having administrative duty under this chapter shall make known in any manner the business affairs, operations or information obtained by an investigation of records of any person on whom a tax is imposed by this chapter, or the amount of source of income, profits, losses, expenditures or any particular thereof ser forth or disclosed in any return, or to permit any return or copy of same to be seen or examined by any person, except as provided in this section. Any person violating this section shall be required to forfeit not less than $100.00 nor more than $500.00

Sec. 6-11-9 Late Filing Penalty; Late Tax Payment

(a) LATE FILING PENALTY. Any person filing a delinquent return hereunder within thirty (30) days after the due date shall be subject to a $25.00 late filing fee.

(b) LATE TAX PAYMENT. If the tax or any portion thereof is not paid within thirty days of the due date, the taxpayer shall be subject to a penalty of twenty five (25%) percent of the tax imposed under Section 6-11-1 or 6-11-5, or such unpaid portion thereof, or $5,000.00, whichever is less, in addition to any interest or other penalties or forfeitures hereunder.

Chapter 12: Removal of Salvageable Non-Structural Materials from Vacated Buildings

 

Sec. 6-12-1 Purpose

(a) The purpose of this Ordinance is to regulate the removal of salvageable materials from vacated buildings without immediate functional replacement thereof. The phrase "immediate functional replacement thereof" does not include replacement that occurs as a part of a remodeling project in conjunction with valid building, heating, plumbing or electrical permits. The Council finds that such removal may result in the complete abandonment of property and reduce the chance that such property will in the future be devoted to any productive or enjoyable public or private use, and therefore cause conditions which will create health and safety hazards and aggravate blight, interfere with the enjoyment of and reduce the value of private property, and interfere with the safety and welfare of the public.

(b) DEFINITIONS

Sec. 6-12-2 Permit

(a) PERMIT. No person, firm or corporation shall sell or transfer for purposes of removal or remove salvageable materials in the manner described in this Ordinance from a vacated building without first obtaining a permit from the City Council.

(b) PERMIT APPLICATION. Application for a permit shall be made in writing to the Inspections Department and shall include the name and address of the owner of the building, name and address of the contractor, and a list of materials to be removed from the building. The Building Inspector or the City Council may require additional information fo a specific applicant.

(c) PERMIT FEE. Permit Fees will be established by Resolution of the City Council.

(d) PERMIT GRANT. The City Council shall consider such permit applications only at regular City Council meetings, and only after receiving the recommendation of a City staff review committee consisting of the Fire chief or his/her designee, Police Chief or his/her designee, the Building Inspector, the Zoning Administrator andthe City Planner

  Prior to making a decision to grant or deny an application for permit, the City Council shall consider: the application; the report of the staff review committee; the expertise of the applicant; the effect of the proposed operation on the surrounding neighborhood; the effect on the community of having a stripped structure remain if the structure is not proposed to be immediately razed or immediately renovated; the presentation, if any, of the applicant; the comments of the public; and such other matters germane to the decision.

  In granting a permit, the City Council shall make findings as to the following matters: the amount of the Irrevocable Letter of Credit to be required of the permittee as a condition of issuance of the permit and as a requirement of operation; other State or local permits as required by law, rule, or regulation that must be obtained as a condition of issuance of the permit or as a requirement of operation; reasonable special operating requirements to be required of the permittee in addition to those General Operating Requirements listed in Subsection G herein; and such other matters or limitations as the City Council determines is necessary to protect the public interest.

(e) IRREVOCABLE LETTER OF CREDIT. As a condition of issuance by the City Manager of the permit, the permittee shall post an Irrevocable Letter of Credit in an amount required by the City Council an din a form acceptable to the City Attorney. The Irrevocable Letter of Credit must be issued by a financial institution certified by the Ste to conduct such business within the State of Wisconsin, allowing for direct draw by the City on demand without court action and without approval by permittee, to complete work or to repair damage that was the obligation of the permittee, The Irrevocable Letter of Credit must contain as a part of it provisions that it remains as an obligation to the City for no less than one year after completion of the last act by the permittee of salvage or after the expiration of a permit issued under this section to the permittee, whichever is later. In considering the amount of the Irrevocable Letter of Credit, the City Council shall consider: the recommendation, if any, of the staff review committee; the expertise of the applicant; the longevity of the applicant; the capitalization of the applicant; the scope of the proposed project; the possible environmental hazards that could be created; the effect of the proposed operation on the surrounding neighborhood; the cost of remediation to the City if the City should have to address any matter due to the unwillingness or inability of the ermittee to complete its obligations.

(f) PERMIT TERM. The term for a permit issued under this section shall be valid for a period of one year form the date of issue. Renewals and renewal term shall be at the discretion of the City Council.

(g) GENERAL OPERATING REQUIREMENTS. The following general operating requirements shall apply to all permit holders in accordance with the provisions of this ordinance:

(h) INSPECTIONS. Permit holders and property owners shall be permit authorized representatives of any Department of City having enforcement powers to inspect the premises proposed to be permitted, with or without advance notice, as often as may be required to permit said Departments to perform their duties and assure compliance with this ordinance, without first obtaining a special inspection warrant. Inspections shall be made during normal hours o business in the absence of emergency circumstances which require prompt attention to protect the public health, safety and welfare or to preserve evidence of noncompliance with this ordinance. The unreasonable failure to permit inspections shall be grounds for permit denial, suspension or revocation.

(i) SUSPENSION AND REVOCATION OF PERMIT. If in the opinion of the Code Official, the public is subject to imminent danger due to the violation by the permit holder of any one or combination of more than one of the General Operating Requirements, the Code Official shall issue an order to the permit holder requiring immediate cessation of those operations implicating the imminent danger. Pursuant to such order, the permit holder shall cause such operations to cease as directed by the Code Official. Failure to maintain insurance or a Letter of Credit as required, or to permit inspection as required are each per se violations implicating imminent danger to the public necessitating an order to cease all operations. The Permittee may appeal any such order to the City Council, in writing, setting for the bases for any appeal, which shall be delivered to the Council care of the Office of the City Manager. The Council shall hold a hearing regarding any such appeal, and provide notice at least ten (10) days notice of the hearing to the Permitee and the Code Official. The City Council may revoke any permit if a Permittee fails to comply with the terms of this Ordinance at any time. The City Council will provide the Permittee with an opportunity to be heard by the Council prior to such revocation or non-renewal by providing the Permittee of notice if intent to revoke or non-renew and the grounds for the same at least ten (10) days prior to any meeting of the Council at which action is to be taken, through an order requiring immediate cessation of operations may be issued prior to such meeting. The Permittee may request a hearing before the Council on receipt of such notice, which request shall be in writing delivered to the Council care of the Office of the City Manager, and must be received prior to the meeting at which the Council intends to act on revocation. The Council shall schedule a hearing upon receipt of such request. The Council may authorize a committee to hear any appeal of an order to cease operations or in relation to any intended revocation, in which case such committee shall report to the Council regarding the hearing and its recommendation regarding action by the Council.

Sec. 6-12-3 Enforcement

(a) ENFORCEMENT. The Code Official shall have the responsibility to enforce this ordinance. Violations of this Ordinance shall be subject to the general penalty provisions of the Municipal Code, Section 1-1-7. In addition, the City may apply to a court of competent jurisdiction for injunctive relief and the assessment of damages including attorney's fees and costs.