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City of South Milwaukee  NOTE: The information listed below may not be accurate and up-to-date. The information is accurate as of the date listed at the bottom of the page; however, ordinances adopted after that date may have changed or eliminated a section of the code. Please contact the City Clerk's office to verify the accuracy of the text contained below. You can e-mail the Clerk by selecting the mailbox in the lower-left corner of this page. |
20.01 Amusement Devices
20.02 Bowling Alleys
and Pool Rooms
20.03 Junk Dealers
20.04 Transient Merchants
20.045 Ice Cream Vendors
20.05 Carnivals, Menageries,
Side Shows, etc. Prohibited - Circuses to be Licensed
20.055 Suspend Prohibition
Against Carnivals and Amusement Rides
20.06 Closing Hours of
Public Amusement Places
20.07 Auctions and Auctioneers
20.08 Transient Photographers
to be Licensed
20.09 Tag Days for Veterans'
Organizations
20.10 Sale of Christmas
Trees Licensed
20.101 Amusement Arcades
20.11 Regulation of Cable Communication
Systems - REPEALED 06/18/96, 1644
20.12 Registry of Massage
Therapists and Bodyworkers Required
20.01 AMUSEMENT DEVICES. Rep. & Recr. 10/15/85, 1310
(1) DEFINITIONS. The following terms as used in this section and in Section 20.101 shall be construed as follows:
(A) Amusement Device means any mechanically or electrically operated device or game used or operated as a game for public entertainment purposes;
(B) Operator means the person, firm or corporation having control of the premises upon which any amusement device is located;
(C) Supplier shall mean any person, firm or corporation owning an amusement device set up for public use or operation in the City of South Milwaukee upon the premises of another. Any person, firm or corporation owning and operating an amusement device set up in his or its place of business shall not be deemed a supplier within the meaning of this section.
(2) LICENSE REQUIRED. It is hereby declared unlawful for any supplier to lease, install or place an amusement device on any premises in the City of South Milwaukee without first having obtained an Amusement Device Operator License as hereinafter provided. It is also declared unlawful for an person, firm or corporation in the City of South Milwaukee to have in his or its possession and set up for public use any amusement device which has not been registered with the City Clerk and the registration fee paid as hereinafter provided.
(3) APPLICATION FOR AMUSEMENT DEVICE OPERATOR LICENSE. Any person, firm or corporation or partnership being a supplier, as herein defined, shall make application in writing to the Common Council for a license on such form of application as shall be prescribed by the City Clerk. The license fee shall be as established by resolution of the Common Council and shall be paid to the City Treasurer at the time of filing the application for a license. Licenses shall be granted by the Common Council only to persons of good moral character and to applicants having an established office in the State of Wisconsin where business records and new amusement devices may be inspected before and after registration. The applicants, in the applications, shall consent to reasonable inspection of their records and devices to determine ownership and character of the amusement device to be operated and registered. The license period shall commence on July 1st of each year and terminate on June 30th of the following year. Licenses shall not be transferable. Rep. & Recr. 04/21/98, 1705
(4) REGISTRATION OF AMUSEMENT DEVICES.
(A) Every supplier of amusement devices and every person, firm or corporation owning an amusement device located or to be located on any premises open to the public in the City of South Milwaukee shall obtain an Amusement Device Tag from the City Clerk for each such amusement device on or before July 1st of each year. Each Amusement Device Tag issued under this section shall bear a number and shall be registered in the records of the City Clerk by such number and by the name of the owner or supplier and by the location of the premises where the device is or is to be installed and such information as the City Clerk may require.
(B) An Amusement Device Tag may be transferred from the originally involved device to any replacement device installed upon the registered location. The fee for each Amusement Device Tag shall be as established by resolution of the Common Council. Each tag shall be displayed upon the premises in a prominent place allowing easy inspection by any person. The Building Inspector or any police officer of the City may seize or cause to be seized any gambling device or slot machine or any amusement device upon the premises which is not the subject of an Amusement Device Tag prominently displayed on the premises or any amusement device which is situated upon any premises in violation of the Municipal Code. Rep. & Recr. 04/21/98, 1705
(5) USE OF MACHINES BY INTOXICATED PERSON. The operator of any amusementdevice shall not permit an intoxicated person to play or use such amusement device.
(6) PROHIBITED PRACTICES. It shall be unlawful for any person to counterfeit a registration symbol. Rep. & Recr. 02/19/85, 1288
(7) Any person who violates any provision of this section shall, upon conviction, pay a fine of not more than $500.00 and the cost of prosecution for each offense, and in default of payment of such fine, shall be confined in the House of Correction for a period of time not to exceed 60 days.
20.02 BOWLING ALLEYS AND POOL ROOMS.
(1) LICENSE REQUIRED. No person shall erect or keep or permit to be erected or kept upon his premises within the City of South Milwaukee any bowling alley, billiard table, pigeonhole or pool table used or kept for hire, without having first obtained a license therefore as hereinafter provided.
(2) APPLICATION FOR LICENSE. Every applicant for a license hereunder shall file a written application therefore with the City Clerk. It shall be the duty of the City Clerk to submit said application to the Common Council, and upon approval by the Common Council of the application, to issue the license.
(3) DEPOSIT. Each applicant, before filing his application with the City Clerk, shall deposit the fee required for such license with the City Treasurer, who shall issue a deposit receipt therefore. When the license is granted by the Common Council, the City Treasurer shall apply such deposit in payment of the fee for the license applied for and granted. Deposits of all applications denied by the Common Council shall be refunded by the City Treasurer upon surrender of the deposit receipt certified by the City Clerk.
(4) FEES AND TERM OF LICENSES. The fee for such licenses shall be as follows: For keepers of bowling alleys, the sum of $10.00 per annum for each and every alley set up to be used; for keepers of billiard tables, pigeonhole or pool tables, the sum of $2.50 for each and every table set up to be used. All licenses issued under this section shall be issued for one year commencing on the first day of July and expiring on the 30th day of June next succeeding the issuance thereof.
(5) Any person who violates any provision of this section shall, upon conviction, pay a fine of not less than $5.00 nor more than $200.00 and the cost of prosecution of each offense, and in default of payment of such fine, shall be confined in the House of Correction for a period not to exceed 60 days.
(1) No person shall collect or receive, whether by purchase, gift, or otherwise, any junk, whether metal or otherwise, or any old clothes, shoes, rags, papers, or other goods usually collected by what is known as junk dealers or rag pickers, with the City of South Milwaukee, without being first duly licensed as in this section provided. Am. 01/15/85, 1285
(2) No person shall keep a junk shop, junk yard or store for the receiving or storing of any scrap metals, glass, papers, clothes or rags without first obtaining a license from the Common Council pursuant to the provisions of this section. Rep. & Recr. 01/15/85, 1285
(A) Any license issued to a junk store, junk yard or junk shop shall specifically describe the types of junk material which will be stored on, received at, transferred at or processed through the premises, and no material other than that specifically described shall be allowed on the premises for any purpose. In no event shall any junk dealer, junk yard operator, junk store owner or junk shop owner or operator allow the accumulation of, receipt of, transfer of, or processing of any refuse, garbage, animal matter, animal product, or toxic substance at any junk yard, junk shop or junk store in the City of South Milwaukee. Cr. 01/15/85, 1285
(B) No license for any junk yard shall be issued to any premises located within the City of South Milwaukee unless such junk yard is screened from public view and enclosed in a manner to prevent the trespass of minor children upon the premises. Cr. 01/15/85, 1285
(C) No premises for which a junk yard license has been issued shall allow the material accumulated on such premises to achieve the height above the screening required by Section 20.03(2)(B). Cr. 01/15/85, 1285
(3) Every applicant for a license hereunder shall file a written application therefore with the City Clerk. Each application shall particularly describe the type of junk which will be received, stored, transferred and/or processed by the applicant dealer, yard, store or shop, owner or operator. It shall be the duty of the City Clerk to submit said application to the Common Council and, upon approval by the Common Council of the application, to issue the license. Am. 01/15/85, 1285
(4) Each applicant, before filing his application with the City Clerk, shall deposit the fee required for such license with the Treasurer, who shall issue a deposit receipt therefore. When the license is granted by the Common Council, the City Treasurer shall apply such deposit in payment of applications denied by the Common Council shall be refunded by the City Treasurer upon surrender of the deposit receipt certified by the City Clerk.
(5) (A) Licenses issued under this section shall be signed by the City Clerk and shall be sealed with the corporate seal of the City of South Milwaukee. No license issued hereunder shall be assignable or transferable.
(B) Any license issued
under this chapter may be conditioned upon such conditions as the Common
Council deems appropriate. Any conditions placed upon a premises
shall be made after due consideration of the history of the license holder,
the placement of the license premise, the surrounding neighborhood and
land and uses abutting and surrounding the proposed premises.
Cr. 01/15/85, 1285
(6) The annual license fee for a license issued pursuant to Subsection (1) and (2) hereof shall be as established by the Common Council in its annual Administrative Fee Schedule. All licenses issued under this section shall be issued for one year commencing on the first day of July and expiring on the 30th day of June next succeeding the issuance thereof. Amended 1/1712, 2039
(7) Police officers of this City shall have the right and are by this section empowered to examine at any time or place any vehicle in which junk or other goods described in Subsection (1) hereof are being conveyed, or any junk shop, junk yard or store used for the receiving or storing of any such goods, and are likewise empowered to regulate the manner of collecting, conveying, storing and handling in general, or any and all such goods by persons engaged in the business or businesses described in Subsections (1) and (2) hereof; and no dealer or person shall interfere with or resist any officers in the performance of their duties under this section.
Upon the sworn complaint of any police officer, Building, Fire or Sanitary Inspector that any junk dealer, yard, store or shop is dealing in, receiving, transferring, processing or storing any refuse, garbage, animal matter, animal product or any toxic substance upon any premises located as a junk shop, junk yard, or junk store, the Chairman of the Licenses and Permits Committee may, pending a hearing on the complaint order the premises closed and the license suspended. In the event an order is issued under the above provision, closing any junk yard, junk store or junk shop, the hearing on the complaint shall be conducted by the Licenses and Permits Committee within 15 days of the date of the complaint. Following upon any hearing pursuant to this section, the Licenses and Permits Committee may make such order as it deems appropriate including revocation of any license issued under this section, suspension of any license, suspension upon condition or other order that the committee may deem appropriate. The license holder shall be given notice of the complaint and hearing at least seven days before the date of the hearing. The order to close any junk shop or junk yard shall be served by the Police Department upon any person in charge of the premises at the time the police seek to execute the order, or if no one is present, then by attaching the order in some conspicuous place and mailing by first class mail a copy of the order to the license holder at the address given by the license holder upon his application. Am. 01/15/85, 1285
(8) Any person who violates any provision of this section shall, upon conviction, pay a fine of not less than $1.00 nor more than $200.00 and the cost of prosecution for each offense, and in default of payment of such fine, shall be confined in the House of Correction for a period not to exceed 60 days.
20.04 TRANSIENT MERCHANTS. Rep. & Recr. 01/21/97, 1659
(1) License Required. It shall be unlawful for any transient merchant to engage in sales within the City without being registered for that purpose as provided herein.
(2) Definitions. In this ordinance:
(a) "Transient merchant" means any person who engages in the retail sale of merchandise or services at a temporary location or by door-to-door solicitation. Transient merchant includes charitable organizations soliciting contributions or membership whenever any fee or exchange of money for anything is a part of the solicitation. For purposes of this section, "person" means corporation, partnership, association, organization, individual, principal, agent or employee, alone or collectively as the case may be, with liability for compliance with the terms of this ordinance being joint and several and imputed between any agent or employee and his or her principal or employer, though any exemption specified under subsection (3) below must be met in its terms by each individual or organization claiming same, regardless of their acting in concert
(b) "Merchandise" shall include personal property of any kind, and shall include merchandise, goods, or materials provided incidental to services offered or sold. The sale of merchandise includes donations required by the seller for the retention of goods by a donor or prospective customer. For purposes of this section, sale or merchandise includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes the greatest part of value for the price received.
(c) "Services" means any activity offered for sale or sold to a prospective customer. The sale of services includes donations required by the Seller from a donor or prospective customer in order to receive the offered services.
(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.
(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 merchandise at wholesale to dealers in such merchandise;
(c) Any person selling agricultural products which the person has grown or livestock or fowl which the person has raised;
(d) Any person who has an established place of business where the merchandise or services 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;
(e) 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;
(f) 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 engaging in the sale of merchandise or services and 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.
(g) Any individual licensed by an examining board as defined in Sec. 15.01(7), Wis. Stats.
(h) Any ex-soldier of the United States holding a license under Sec. 40.51, Wis. Stats., who shall, while engaged in the business as such merchant or peddler, carry the special license and proof required for the issuance of such special license under such section.
(i) trick or treaters on approved days for Halloween.
(j) Notwithstanding anything to the contrary set forth in this subsection (3), those persons specified as exempt from the terms of this ordinance under (3)(c), (f) and (h) and who intend to engage in door-to-door sales of merchandise or services, and any person not otherwise subject to the terms of this ordinance intending to engage in door-to-door solicitation of money or anything of monetary value, shall nonetheless be required in advance of such activity to provide to the clerk some reasonable form of identification and either copies of the individual photo identification card issued by the charitable organization to its solicitors or two identical passport sized photographs of such person (if the individual or organization prefers, the clerk shall take photographs of the individuals doing the solicitation) and to obtain, without fee, and display on their person either the photo identification card issued by the charitable organization or a city issued merchant’s identification tag required under subsection (7) below, at all times while engaged in such door-to-door sales or solicitation. This subsection (j) does not apply to resident minor children conducting door-to-door sales or solicitations on behalf of a charitable organization, including, but not limited to the Boy Scouts of America, Girl Scouts of America, public and private schools and youth athletic leagues and associations. Rep. & Recr. 8/2/05, 1889
(4) Registration.
(a) Applicants for registration and license must complete and return to the clerk a registration form furnished by the clerk which shall require the following information:
(1) name, date of birth, permanent address and telephone number, and temporary address, if any;
(2) age, height, weight, color of hair and eyes;
(3) name, address and telephone number of the person, firm, association
or corporation that the transient merchant
represents or is employed by, or whose merchandise or services are being
sold;
(4) temporary address and telephone number from which business will be conducted, if any;
(5) nature of business to be conducted and a brief description of the merchandise, and any services offered;
(6) proposed methods of delivery of merchandise or services, if applicable;
(7) make, model and license number of any vehicle to be used by applicant in the conduct of his/her business;
(8) most recent cities, villages, towns, not to exceed three, where applicant conducted his/her business;
(9) place where applicant can be contacted for at least seven days after leaving this City;
(10) statement
as to whether applicant has been convicted of any crime or ordinance violation
related to applicant's transient
merchant business within the last five years, and the nature of the offense
and the place of conviction.
(11) all places of residence for the applicant for the previous 2 years;
(12) all applications shall be signed and sworn to by the applicant.
(13) all minors shall also provide a copy of their work permit.
(b) Applicants shall present to the clerk for examination:
(1) in the case of door-to-door sales, a driver's license or some other
proof of identity as may be reasonably required and two
identical passport sized photographs of the applicant;
(2) a state
health officer's certificate where applicant's business involves the handling
of food or clothing and is required to be
certified under state law; such certificate to be valid and in effect and
to state that applicant is apparently free from any
contagious or infectious disease.
(c) At the time the registration is returned, a registration license fee as set forth in this ordinance shall be paid to the clerk to cover the cost of processing said registration.
(d) The applicant shall sign a statement appointing the clerk his/her agent to accept service of process in any civil action brought against the applicant arising out of any sale or service performed by the applicant in connection with the direct sales activities of the applicant, in the event the applicant cannot, after reasonable effort, be served personally.
(5) Investigation.
(a) Upon receipt of each application, the clerk may refer it immediately to the City Police Department and such other City departments whose duties are relevant to the application in the discretion of the clerk, which departments may make and complete an investigation of the statements made in such registration.
(b) The clerk shall refuse to register the application 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 most recent cities, villages and towns, not exceeding three, in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is directly related to the applicant's fitness to engage in direct selling; or the applicant failed to comply with any applicable provision of (4)(b) above.
(6) Appeal. Any person refused or denied registration may appeal the denial through the appeal procedure provided under the provisions of Secs. 68.07 through 68.16, Wis. Stats.
(7) Registration License. Upon filing the application properly filled out and in a proper case, a certificate as provided by this section, the clerk shall issue a license. All licenses shall be numbered in the order in which they are issued and shall state clearly the kind of goods, services or solicitation to be sold, disposed of or contracted for, the dates of issuance and expiration of licenses, the fee paid and the name of the licensee. The license year shall commence on January 1 and end on the following December 31. No license shall be granted to a person under 18 and no applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least 6 months shall have elapsed since the last pervious rejection or revocation, unless the applicant can show the reason for such rejection or revocation no longer exists. Every licensee, while exercising his license, shall post his license in a conspicuous place and shall exhibit the same upon demand of any officer, customer prospective customer or prospective vendor. In addition, every licensee and each person specified in subsection (3)(j) above, shall display and wear on their outer garment in the upper left chest area, a merchant's identification tag at all times while such licensee or person is selling or soliciting door-to-door. Such merchant's identification tag shall include one of the photographs provided by the licensee or person and shall specify the person's name, license or exemption number, date of expiration and shall otherwise be in a readily identifiable size, color and format as prescribed by the clerk. The clerk shall maintain the other photograph provided by the licensee or person on file. A license shall not be assignable and any holder of a license who permits it to be used by any other person shall be guilty of a violation of this section. Whenever a license shall be lost or destroyed, a duplicate may be issued by the Clerk upon filing an affidavit setting forth the circumstances of the loss, what, if any, search has been made for its recovery, and upon the payment of a fee as stated in this ordinance. Am. 06/17/97, 1673
(8) License Fee. The license fee shall be paid to the City Treasurer upon making the application for a transient merchant's license and shall be in the amount established by resolution of the Common Council. In the case of door-to-door transient merchants, separate licenses and license fees are required for a principal transient merchant and each person acting as an employee or agent of such principal. A transient merchant license issued under this section shall entitle the licensee to sell as authorized in this section.
(9) Return of Expired Licenses and Mutilation of License. On the expiration of the license, the licensee shall return and surrender the license to the City Clerk. No person shall alter or change any license issued under the provisions of this section.
(10) Regulation of Transient Merchants.
(a) Prohibited Practices.
(1) No transient merchant or charitable organization soliciting door-to-door may solicit, sell or call
(aa) at any dwelling before 9:00 A.M. and after 9:00 P.M.; Rep. & Recr. 04/02/97, 1666
(bb) at any dwelling or other place where a sign is displayed bearing the
words "No Peddlers", "No Solicitors" or words of
similar meaning; calling at the rear door of any dwelling place; or
(cc) remain on any premises after being asked to leave by the owner, occupant
or other person having authority over such
premises.
(2) A transient merchant shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity, or characteristics of any merchandise or services offered for sale, the purpose of such merchant's visit, such merchant's identity or the identity of the organization such merchant represents.
(3) A charitable organization soliciting door-to-door shall specifically disclose what portion of the sale price of the merchandise or services being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the merchandise or services.
(4) No transient merchant shall impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.
(5) No transient merchant shall make any loud noises or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one-hundred foot radius of the source.
(6) No transient merchant shall allow rubbish or litter to accumulate in or around the area in which such merchant is conducting business and any food stuffs offered for sale shall be kept well covered and protected from dirt, dust, insects and rodents.
(b) Disclosure Requirements.
(1) After the initial greeting and before any other statement is made to a prospective customer, a transient merchant shall expressly disclose such merchant's name, the name of the company or organization such merchant is affiliated with, if any, and the identity of merchandise or services such merchant offers to sell.
(2) If any sale of merchandise or services is made by a transient merchant, or any offer for the later delivery of merchandise or services is taken by the seller, the buyer shall have the right to cancel said transaction if it involves the extension of credit or is a cash transaction of more than $25, in accordance with the procedure as set forth in 423.203, Wis. Stats.; the seller shall give the buyer two copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of Secs. 423.203(1) (a) (b) and (c), (2) and (3), Wis. Stats.
(3) If the transient merchant takes a sales order for the later delivery of merchandise, such merchant shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement, the amount paid in advance whether full, partial, or no advance payment is made, the name, address and telephone number of the seller, the delivery or performance date, and whether a guarantee or warranty is provided and, if so, the terms thereof.
(11) Records. The chief of police shall report to the clerk all convictions for violation of this ordinance and the clerk shall note any such violation on the record of the registrant convicted.
(12) Revocation of Registration.
(a) Registration may be revoked by the Legislation Committee after notice and hearing, if the registrant made any material omission or materially inaccurate statements in the application for registration, made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in transient sales, violated any provision of this ordinance or was convicted of any crime or ordinance or statutory violation which is directly related to the registrant's fitness to engage in selling.
(b) Written notice of the hearing shall be served personally or pursuant to (4)(c) above on the registrant at least 72 hours prior to the time set for the hearing; such notice shall contain the time and place of hearing and a statement of the acts upon which the hearing will be based.
(13) Penalty. Any person adjudged in violation of any provision of this ordinance shall be subject to a forfeiture of not less than the amount which would have been charged for the appropriate permit plus $200.00 and not more than $1000.00. Each solicitation of a resident constitutes a separate offense punishable by a separate forfeiture action.
(14) The transient merchant license fee shall be established by the Common Council by resolution.
(1) No person shall go from place to place within the City of South Milwaukee selling ice cream, ice cream products, soft drinks or related products at retail without first having obtained a license therefore as hereinafter provided.
(2) Any person desiring to engage in business as aforesaid shall obtain a license application form and file the completed application, together with the proper fee, with the City Clerk who shall then issue the proper license.
(3) The license fee shall be $50.00 if the licensee shall conduct his business on foot or use a cart or wagon not propelled by any mechanical bicycle, which is mechanically propelled. All licenses issued hereunder shall automatically expire on January 1st following the date of issuance of such licenses.
(4) A license issued hereunder shall entitle the licensee, and no other, to go from place to place within the City selling the products mentioned in subsection (1) hereof, and said license must be in the possession of the licensee at all times while he is so engaged. However, any licensee who holds a valid license which permits the use of a mechanically propelled vehicle as hereinbefore provided, may employ not more than five persons under the age of 18 years, residents of the City of South Milwaukee who shall work under and subject to the direction of the licensee, in the licensee's business, provided that a license is first obtained for each such person from the City Clerk, at a fee of $1.00 per year, and provided further that such person may not use any mechanically propelled vehicle. The principal licensee shall be responsible for the acts of such persons licenses under him, including any violations of this or any ordinance of the City of South Milwaukee.
(5) This ordinance and the license herein required shall be subject to the provisions of Section 129.02(2), Wisconsin Statutes, 1955, as the same relate to disabled ex-soldiers of the United States.
(6) Any person who violates any provision of this section shall, upon conviction, be subject to the same penalties which are provided for violations of Section 20.04 of the South Milwaukee Code. Cr. 06/20/57, 475
20.05 CARNIVALS, MENAGERIES, SIDE SHOWS, ETC. PROHIBITED - CIRCUSES TO BE LICENSED.
(1) No person, persons, organization, firm or corporation shall exhibit, operate or conduct in the City of South Milwaukee, any carnival, caravan, menagerie, side show, exhibition of wild or trained animals, or any object of curiosity or entertainment such as a ferris wheel, merry-go-round or other mechanical amusement device of a similar nature to which admission is gained by the payment of money.
(2) The terms of this section shall not be deemed to apply to any permanent theater establishment, amateur theatrical or show given in public or private halls, or to any bona fide circus licensed under subsection 3 hereof.
(3) Any bona fide circus may show in the City of South Milwaukee for a period not to exceed one day, upon obtaining a license therefore, paying a license fee of $25.00, and submitting a bond as hereafter provided.
(4) Application for a license under this section shall be made by filing a written application therefore with the City Clerk. It shall be the duty of the City Clerk to submit said application to the Common Council, and upon approval of the Common Council, to issue the license.
(5) Each applicant, before filing his application with the City Clerk, shall deposit the license fee of $25.00 with the City Treasurer, who shall issue a deposit receipt therefore, and shall execute and deliver to the City Treasurer his bond to the City of South Milwaukee to be approved by such Treasurer in the penal sum of $500.00 conditioned for the conduct of said circus in an orderly and lawful manner. When the license is granted by the Common Council, the City Treasurer shall apply such deposit in payment of the fee for the license applied for and granted. The deposit on all applications denied by the Common Council shall be refunded by the City Treasurer upon surrender of the deposit receipt certified to by the City Clerk.
(6) Any person who violates any provision of this section shall, upon conviction, pay a fine of not less than $1.00 nor more than $200.00 and the cost of prosecution for each offense, and in default of payment of such fine, shall be confined in the House of Correction for a period not to exceed 30 days.
20.055 SUSPEND
THE PROHIBITION AGAINST CARNIVALS AND AMUSEMENT RIDES.
The prohibition in Section
20.05 against carnivals shall not apply to fairs or festivals sponsored
by resident organizations on property owned by said resident organizations.
Cr. 08/01/89, 1437
20.06 CLOSING HOURS FOR PUBLIC AMUSEMENT PLACES.
(1) All theaters, billiard and pool rooms, dance halls and dance floor facilities, ice cream parlors and other public places of recreation and amusement in the City of South Milwaukee shall close on or before the hour of 1:00 AM of each and every day and shall not reopen before the hour of 5:00 AM.
(2) Bowling alleys shall close on or before the hour of 2:00 AM on weekdays and 3:30 AM on Sundays and shall not reopen before the hour of 6:00 AM on weekdays and 10:00 AM on Sundays.
20.07 AUCTIONS AND AUCTIONEERS.
(1) AUCTIONEER TO BE LICENSED. No person shall within this City exercise the business of an auctioneer by selling any goods, wares or merchandise at public auction unless such person shall have obtained a license therefore and complied with the provisions of this section, but this shall not apply to any officer making sale of any property by virtue of the order of any court, or in the collection of taxes, or to any executor or administrator when selling by virtue of his office, or to any mortgagee of chattels selling property under such mortgage or to any sale conducted pursuant to Section 6.21 hereof.
(2) OWNER TO SECURE PERMIT FOR AUCTION SALE. Hereafter, excepting sales made under authority of law, it shall be unlawful in the City of South Milwaukee for any person, firm or corporation, either for himself, itself, or for another, or for any firm or corporation, to sell or offer for sale at public auction any stock or stocks of merchandise, in whole or in part, without first obtaining from the City Clerk a permit in writing so to do. The fee for such permit shall be $10.00 for each day or part thereof that the auction is to be conducted. In lieu of a daily permit as herein provided, the Common Council may, upon written application, issue an annual permit to conduct auction sales at a fee of $25.00. Such permit shall be issued for the license sear beginning on July 1st and expiring on June 30th of the succeeding year. Am. 10/16/62, 712
20.08 TRANSIENT PHOTOGRAPHERS TO BE LICENSED.
(1) LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation to engage in the business of a transient or itinerant photographer, canvasser or solicitor of photographs or pictures or enlargements of same, taken, photographed or otherwise made, prepared or enlarged, and sold or delivered, or for the transaction of any business in connection therewith, within the City of South Milwaukee, without first having obtained a license to do so, as hereinafter provided, and otherwise complying with the provisions of this section, provided, however, nothing contained in this section shall apply to any person, firm or corporation actually engaged in interstate commerce, in a bona fide manner, and not for the purpose of evading the provisions of this section.
(2) DEFINITION OF TERMS. The terms "transient" and "itinerant" shall be deemed to mean and include all persons both principals and agents who engage in conduct within this City, either in one locality, or traveling from house to house and place to place, a temporary or transient business, with the intention of continuing in such business in any one place for a period of not more than 90 days. The terms "canvasser" and "solicitor" shall be deemed to mean and to include any person who goes from house to house or from place to place in the City of South Milwaukee, selling or taking orders for, or offering to sell or take orders for, photographs, pictures or enlargement thereof, for future delivery, or soliciting such business by coupons or otherwise.
(3) LICENSE APPLICATION PROCEDURE. Any person desiring to engage in the business of a transient, itinerant photographer, canvasser, or solicitor of photographs, other pictures or enlargements thereof as hereinbefore mentioned and defined within the said City, shall make application in writing to the City Clerk for the license to do so, which application shall be filed with the said Clerk at least seven days before such applicant shall be authorized to begin said business. Such application shall state the name and residence of the applicant, the place where such business is to be conducted, the kind and type of photographs or enlargements for which orders are to be taken, and the length of time for which the license is desired.
(4) BOND REQUIREMENTS. No such license as set forth in subsection (3) shall be issued until there is deposited with the City Clerk a bond in the penal sum of $1,000.00 executed by a surety company or two responsible free holders residing in the City of South Milwaukee, which said bond shall first be approved by the Clerk, or in lieu thereof, a cash bond of equal amount enlargements taken, or for which orders are taken, shall be as represented by him, and that he will refund any money or purchase price paid on said work, which is not as represented, and so as to indemnify and reimburse any person dealing with him, in a sum equal to at least the amount of any payment or payment such purchaser may have been induced to make through misrepresentation as to the kind and character of photographs or enlarging misrepresentation as to the kind and character of photographs or enlarging work. Any person so misled or aggrieved by the representations of any licensee hereunder shall have the right of action on the bond for the recovery of the amount of his or her payment or payments or damages suffered or both. In the event a cash bond is deposited, the same shall be retained by said Clerk for a period of 120 days after the expiration of any such license.
(5) LICENSE FEES. On and after seven days from the filing of such application, and upon the filing of a bond and the approval thereof by the City Clerk, a license shall be issued by said Clerk to such applicant upon the payment of the following license fees: $5.00 for each day less than one week; $25.00 for one week; $100.00 for one month. All such license fees shall be paid in advance, and if any such licensee desires to continue in business after the expiration of such license, a new license shall be secured in the same manner and upon the same terms as the original license.
(6) SERVICE OF PROCESS. Before any license shall be issued there shall be filed with the City Clerk, an instrument in writing, signed by the applicant, constituting and appointing the City Clerk his true and lawful attorney upon whom the summons, notices, pleadings or process in any action or proceeding against him may be served in respect to any liability arising out of any business, contract or transaction made within the City of South Milwaukee including any action brought upon the bond provided for in subsection (4) of this section.
(7) CONDUCT OF BUSINESS. All orders taken by any licensee under the provisions of this ordinance shall be in writing and in duplicate, stating fully the terms thereof, together with the amount paid in advance, and the balance remaining due and one copy of such order shall be delivered to the purchaser at the time said order is taken.
(8) PENALTIES. Any person who violates any of the provisions of this section shall, upon conviction, pay a fine of not less than $1.00 nor more than $200.00 and the cost of prosecution for each offense, and in default of payment of such fine, shall be confined in the House of Correction for a period not to exceed 30 days.
20.09 TAG DAYS FOR VETERANS ORGANIZATIONS.
(1) The following days of each year shall be designated and dedicated as follows:
(A) The Saturday preceding Memorial Day shall be designated as "Poppy Day" and shall be dedicated to the American Legion and Veterans of Foreign Wars, who on that day may sell and offer for sale anywhere in the City such emblems or mementos as they choose.
(B) The Thursday, Friday and Saturday of the weekend preceding Labor Day weekend shall be designated as "Forget-Me-Not Day" and shall be dedicated to the Disabled American Veterans who on that day may sell and offer for sale anywhere in the City such emblems and mementos as they choose. Recr. 09/04/90, 1475
(C) The Saturday preceding August 14th shall be dedicated to the AMVETS, American Veterans of World War II, who on that day may sell and offer for sale anywhere in the City such emblems and mementos as they choose.
(D) October 27th shall be designated as "Navy Day" and shall be dedicated to the Navy Club who on that day may sell and offer for sale anywhere in the City such emblems or mementos as they choose.
(E) The Saturday preceding June 14th shall be dedicated to the Polish Legion of American Veterans who on that day may sell or offer for sale anywhere in the City such emblems or mementos as they choose.
(F) The Saturday preceding St. Patrick's Day, March 17th, shall be dedicated to the Catholic War Veterans who on that day may sell or offer for sale anywhere in the City such emblems or mementos as they choose. Am. 03/11/54, 506
(G) November 11th shall be designated as "Veteran's Day" if it does not fall on Saturday, the Catholic Veterans Council may conduct memorial services in commemoration of the deceased veterans who served in the war of the United States. Cr. 12/20/51, 449
(H) June
14th shall be designated as Flag Day, and on Friday evening and on Saturday
preceding Flag Day, if it does not fall on a Saturday, the Catholic Knights
of Wisconsin branch in the City of South Milwaukee may sell and offer for
sale anywhere in the City of South Milwaukee lapel United States Flags
or other patriotic emblems commemorating Flag Day.
Cr.0 3/11/54, 506
(2) No person or persons, except those under the auspices of the above named organizations, shall sell or offer for sale any device, trinket, emblem or thing purporting to commemorate any particular day, and the above organizations and persons in their behalf shall offer for sale, solicit orders, and sell such emblems, devices, trinkets, or things only on that particular day above dedicated to them.
(A) Any day designated in subsection (1) of this section for the sale of emblems or mementos by any veterans' organization shall be considered as commencing at 3:00 PM on the day preceding such designated day. Cr. 11/18/57, 581
(3) Any person violating
Subsection (2) of this section shall, upon conviction thereof, be fined
not more than $200.00 nor less than $1.00 and the costs of prosecution,
and in default of payment thereof be imprisoned in the House of Correction
of Milwaukee County for a period not more than 30 days.
20.10 SALE OF CHRISTMAS TREES LICENSED.
(1) It shall be unlawful for any person, firm or corporation to sell Christmas trees within the City of South Milwaukee without first obtaining a license as hereinafter provided. A license shall be required for each stand, place, lot or enclosure where Christmas trees are to be sold or offered for sale, provided that no license shall be required for the sale of Christmas trees of small, novelty or table size, whether natural or artificial, at any indoor location. No license shall be issued for any premises which are zoned for residential purposes, nor for any premises in a building in which any dwelling unit is located.
(2) Applications for licenses to sell Christmas trees shall be filed with the City Clerk upon application forms to be furnished by said Clerk. Such application shall state the name and address of the applicant, the address of the premises where trees are to be sold, the ordinary use to which such premises or location have been devoted up to the time of application, the type and character of any other business carried on at said location and shall describe the premises and location fully where the business is to be carried on. Upon filing of such application, the Clerk shall refer the same to the City Engineer for approval. Upon the certification by the City Engineer that the premises conform in all respects to the applicable ordinances of the City of South Milwaukee, the City Clerk shall issue said license to the applicant upon payment of the required license fee.
(3) The fee for such license shall be established by resolution of the Common Council and shall expire on January 4 following the date of issuance. The licensee shall have direct control over the premises or location to be licensed. The license shall not be assignable or transportable and is restricted to the location for which it is issued. Rep. & Recr. 04/21/98, 1705
(4) It shall be deemed a condition of any license issued pursuant to this section that the location of Christmas trees on the licensed premises shall be subject to the approval of the Chief of the Fire Department. Any license issued pursuant to this section may be revoked by the Common Council, or any appropriate committee thereof, for cause, and it shall be the duty of the Chief of Police and Chief of the Fire Department to report to the Common Council, or such committee thereof, any violation of this section or any other applicable laws or ordinances of the City of South Milwaukee or State of Wisconsin, or any lawful orders made pursuant thereto.
(5) Every applicant for a license under this section shall, at the time of filing his application, post with the City Clerk a cash bond in the sum of $100.00. Such sum shall be returned to the applicant at such time as the Chief of the Fire Department inspects the licensed premises after the 25th day of December in such year and certified to the City Clerk that such premises have been cleared of all debris from the sale of Christmas trees. In the event the licensee fails to comply with any order of the Chief of the Fire Department regarding such removal of debris, the Chief shall order the necessary work done and the cost thereof shall be paid out of the deposit of the license.
(6) Any person convicted of a violation of this section shall be assessed a forfeiture of not less than $1.00 nor more than $200.00, together with the cost of prosecution of each such offense, and in default of payment shall be confined in the House of Correction for a period not to exceed 30 days.
20.101 AMUSEMENT ARCADES. Rep. & Recr. 12/07/82, 1216
(A) PREAMBLE. Because places of amusement which cater primarily to young people often become centers of disorderly conduct, truancy, boisterous activity, and a place for idlers and loiterers to congregate and become sources of annoyance to business and residences near such locations; and whereas such places tend to become a frequent center for illegal drug traffic, if any exists among the youth, and of special concern to law enforcement; therefore, with this purpose in mind, this section is designed to provide regulation of amusement arcades or places where three or more coin operated mechanical or electrical amusement devices are situated, or where one or more such device is situated, not in premises holding a Class B Liquor License, within 500 feet of a school entrance.
(B) PREMISES TO BE LICENSED. No person, firm or corporation being the owner, lessor, lessee, operator or general manager of any premises in the City of South Milwaukee shall:
(1) If such premises are located within 500 feet of the entrance of any school, operate or make available for public use one or more amusement devices. Rep. & Recr. 06/17/86, 1329
(2) If such premises are located beyond 500 feet of the entrance to any school, operate or make available for public use three or more amusement devices without first receiving an Amusement Arcade License.
(3) Amusement Arcade Licenses shall be issued by the Common Council on an annual basis and shall be subject to renewal the first week of July each year. An annual premises fee of $50.00 shall be submitted along with a license application to the City Clerk who shall forward the same to the Common Council for its consideration. The Common Council shall take into consideration, in determining the issuance or renewal of such license, the location of the premises and the suitability of the premises with regard to proximity to other businesses, residences, churches and schools, the zoning of such premises, the proposed supervision of such premises, the hours during which such machines, devices or games are open to use, the minimum proposed age of users, the number and type of machine, device or game, other uses of the premises, whether the premises have become a source of rowdiness or vandalism in the neighborhood, a source of frequent complaints to the police, or in other ways disruptive of the good peace and order in the community and such other concerns as may be appropriate. Prior to the issuance of any renewal, the Common Council shall receive a report from the Police Department setting forth any problems or difficulties that may have resulted from the licensed premises.
(4) Notwithstanding the foregoing, the provisions of this ordinance shall not apply to any premises licensed with a Class B Liquor License except to the extent that portions of such premise are open to the use and presence of individuals under the legal drinking age; to the extent that any licensed premise has an area within or adjoining it which is open to the use of individuals under the legal drinking age, the provisions of this ordinance regulating amusement arcades shall apply. Cr. 06/17/86, 1329
(5) In computing the number of amusement devices, pool tables and juke boxes shall not be counted as amusement devices. Cr. 06/17/86, 1329
(C) Amusement Arcade Licenses issued under this section shall be restricted in nature. Such license shall be limited to the terms upon which it is granted and such terms shall be clearly set out on the face of the license and may include restrictions respecting hours during which the machines, devices or games are open to use, the minimum age of users, the number and age of supervisory personnel required to be on the premise while the premises' machines, devices or games are open to the public; the number and type of machine, device or game; other uses of the premises and such other limitations or restrictions as may be reasonable.
(D) An Amusement Arcade License may only be issued to the person operating the premises. The license shall be enclosed in a wood or metal frame having a clear glass space and a substantial wood or metal back so that the whole of such license may be seen therein, and shall be posted up and at all times displayed in a conspicuous place in the room where the amusement device or devices are located so that all persons visiting such place may readily see the license. It shall be unlawful for any person to post an Amusement Arcade License or to permit an Amusement Arcade License to be posted upon premises other than those for which the license was issued, or to knowingly deface or falsify the terms of a license or to destroy the license. Whenever a license shall be lost or destroyed without fault on the part of the holder of the license or his agent or employee, a duplicate license in lieu of the original and under the original application shall be issued by the City Clerk upon the presentation of evidence sufficient to satisfy the City Clerk and a violation of this section has not occurred. The fee for the issuance of a duplicate license under this section shall be $20.00.
(E) The holder of an Amusement Arcade License who violates or permits a violation of the terms of the Amusement Arcade License shall:
(1) Upon first conviction, pay a fine of not more than $500.00.
(2) Upon second conviction, have such license suspended for up to nine months, plus pay a fine of not more than $500.00.
(3) Upon a third conviction, have the license revoked for a period of up to two years and pay a fine of not more than $500.00.
(F) Any premises where three or more machines are installed or are to be installed, or where one or more machines are installed or are to be installed within 500 feet of the entrance of a school, shall obtain a license under this section prior to the issuance of an Occupancy Permit by the Building Inspector or an Amusement Device Registration Tag from the City Clerk.
20.12 REGISTRY OF MASSAGE THERAPISTS AND BODYWORKERS REQUIRED. Cr. 07/05/00
(1) No person or entity shall engage in the practice of massage therapy or bodywork or perform massage therapy or bodywork for gain, unless such person has previously been issued and holds a valid license of registration under Subchapter XI of Chapter 460 of the Wisconsin Statutes, as amended.
(2) All businesses engaged in the offering massages and all businesses advertising themselves as a "Spa", "Bathhouse" or "Massage Parlor" shall obtain a license to operate prior to January 1 of each year. The fee for the license shall be established by resolution of the Common Council and shall be sufficient to reimburse the City the expense of inspections and background checks and registry verifications for therapists and body workers.
(3) All businesses engaged subject to this ordinance shall provide the City with a list of the employees engaged in massage or body work and proof that the employees are registered with the State of Wisconsin and no employee shall commence work at any establishment in the City of South Milwaukee until the City has verified that the individual is registered with the State of Wisconsin.
Section 2: The
terms and provisions of this ordinance are severable. Should any
term or provision of this ordinance be found to be invalid by a court
of competent jurisdiction, the remaining terms and provisions shall remain
in full force and effect.
Cr. 07/05/00
This page was last updated on 01/19/12.
