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<P ALIGN="CENTER"><STRONG>CHAPTER 12<BR>LICENSES AND PERMITS</STRONG>
<TABLE BORDER="1" WIDTH="100%">


<TR VALIGN="TOP"><TD>12.01</TD><TD>License Fees</TD></TR>
<TR VALIGN="TOP"><TD>12.02</TD><TD>General Provisions as to Licenses</TD></TR>
<TR VALIGN="TOP"><TD>12.03</TD><TD>Licensing of Dogs/Cats, and Regulations of Animals</TD></TR>
<TR VALIGN="TOP"><TD>12.035</TD><TD>Keeping and Raising of Domestic Pigeons</TD></TR>
<TR VALIGN="TOP"><TD>12.04</TD><TD>Nonintoxicating and Soda Water Beverage License</TD></TR>
<TR VALIGN="TOP"><TD>12.05</TD><TD>Cigarette Sales</TD></TR>
<TR VALIGN="TOP"><TD>12.06</TD><TD>Direct Sellers</TD></TR>
<TR VALIGN="TOP"><TD>12.07</TD><TD>Amusement Devices and Amusement Parlors</TD></TR>
<TR VALIGN="TOP"><TD>12.08</TD><TD>Public Dances</TD></TR>
<TR VALIGN="TOP"><TD>12.09</TD><TD>Mobile Homes</TD></TR>
<TR VALIGN="TOP"><TD>12.10</TD><TD>Business Operated Within Home</TD></TR>
<TR VALIGN="TOP"><TD>12.11</TD><TD>Massage Establishments</TD></TR>
<TR VALIGN="TOP"><TD>12.12</TD><TD>Adult Oriented Establishments</TD></TR>
<TR VALIGN="TOP"><TD>12.13</TD><TD>Intoxicating Liquor and Fermented Malt Beverages</TD></TR>
<TR VALIGN="TOP"><TD>12.14</TD><TD>Nude Dancing in Licensed Establishments Prohibited</TD></TR>
<TR VALIGN="TOP"><TD>12.20</TD><TD>Penalty</TD></TR>
</TABLE>




<A NAME = "12.01"><P><STRONG>12.01 LICENSE FEES.</STRONG>

<P>Unless otherwise indicated, fees for licenses issued under this chapter shall be as indicated on the schedule of fees posted in the office of the Village Clerk and adopted herein by reference.

<A NAME = "12.02"><P><STRONG>12.02 GENERAL PROVISIONS AS TO LICENSES.</STRONG>

<P>(1) LICENSES OR PERMITS REQUIRED. No person shall engage in any trade, profession, business or privilege in the Village for which a license or permit is required by any provision of this Code without first obtaining such license or permit from the Village in the manner provided in this section, unless otherwise specifically provided.

<P>(2) APPLICATION. Unless otherwise provided, application for a license or permit shall be made in writing to the Village Clerk upon forms provided by the Village and applicant shall state the location of the proposed activity and such other facts as may be required for or be applicable to the granting of such a license or permit.

<P>(3) PAYMENT OF FEE. The fees required for any license or permit shall be paid at the office of the Village Clerk before the granting of the license or permit. No fee paid shall be refunded unless the license or permit is denied.

<P>(4) BOND AND INSURANCE. All required bonds shall be executed by 2 sureties or a surety company and be subject to the approval of the Village Board. Where policies of insurance are required, such policies shall be approved as to substance and form by the Village Attorney. Satisfactory evidence of coverage by bond or insurance shall be filed with the Village before the license or permit is issued.

<P>(5) APPROVAL OR DENIAL OF LICENSES. Where approval of any Village or State officer is required prior to issuance of any license or permit, such approval shall be presented to the Village before any license or permit is issued.

<P>(6) CERTIFICATE. Licenses or permit certificates shall show the name of the licensee or permittee, date of issue, activity licensed and term of license or permit and shall be signed in the name of the Village by the President and Clerk and be impressed with the Village Seal. The Clerk shall keep a record of all licenses and permits issued.

<P>(7) TERMS.

<P>(a) Unless otherwise provided, the license year shall end on June 30 of each year.

<P>(b) Where the issuance of licenses for a period of less than one year is permitted, the effective date of such license shall commence with the date of issuance.

<P>(c) Permits shall be issued for the term set forth in the permit.

<P>(8) EXHIBITION OF CERTIFICATE. Every licensee or permittee shall carry his license or permit certificate upon his person at all times when engaged in the activity for which the license or permit was granted, except that where such activity is conducted at a fixed place or establishment, the license or permit certificate shall be exhibited at all times in some conspicuous place in his place of business. The licensee or permittee shall exhibit the license certificate when applying for a renewal and upon demand of any police officer or person representing the issuing authority.

<P>(9) TRANSFER. Unless otherwise provided, no license or permit shall be transferable or assignable.

<P>(10) DETERMINATIONS OF THE VILLAGE BOARD. All determinations made by the Village Board shall be subject to the provisions of Ch. 24 of this Code.

<P>(11) INSPECTION. Village officials may enter upon the premises where any licensed or permitted activity is being conducted for the purpose of inspection at any reasonable time.

<P>(12) REVOCATION AND SUSPENSION OF LICENSES.

<P>(a) Except as otherwise provided, any license issued under this chapter may be revoked for cause by the Village Board. No license shall be revoked except upon written verified complaint filed with the Village Board by the President, a member of the Village Board, the Police Chief or a resident of the Village. The licensee shall be served with a written copy of the charges and shall be given an opportunity to be heard before the Village Board. The licensee shall be given notice of such hearing, which shall be not more than 20 nor less than 5 days after notice, except as otherwise agreed between the parties.

<P>(b) At such hearing, the licensee shall be entitled to be represented by counsel, shall have the right to present and cross-examine witnesses and, upon request, may have subpoenas issued by the President or presiding officer of the Board to compel the attendance of witnesses.

<P>(c) After hearing the evidence, the Board may revoke such license or impose a limited period of suspension. The determination of the Board shall be final, subject to review under Ch. 24 of this Code, provided the licensee shall not be entitled to a further hearing unless granted by the Village Board.

<P>(d) The Police Chief shall repossess any license revoked hereunder.

<P>(e) If the licensee does not apply for a hearing within the time provided, the license may be revoked by the Village Board.

<A NAME = "12.03"><P><STRONG>12.03 <bold><u>LICENSING OF DOGS/CATS, AND REGULATIONS OF ANIMALS</u>.<med> (Am. #99-8)</STRONG>

<P>(1) DOG/CAT LICENSE REQUIRED. (Am. #99-8) No person shall own, harbor or keep any dog more than 5 months of age without complying with the provisions of &#167;&#167; 174.05 through 176.09 Wis. Stats., relating to the listing, licensing and tagging of the same. No person shall own, harbor or keep a cat more than 5 months of age without licensing said cat pursuant with this section.

<P>(2) RABIES VACCINATION REQUIRED FOR LICENSE. The owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches 4 months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into this Village after the dog has reached 4 months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought in the Village 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 revaccinated 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 3 years after the previous vaccination.

<P>(3) ISSUANCE OF LICENSES. (Am. #99-8) Upon payment of the required dog/cat license fee and upon presentation of evidence that the dog/cat is currently immunized against rabies, the Village Treasurer shall complete and issue to the owner a license for the dog/cat 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 unspayed, neutered or unneutered, breed and color of the dog/cat.

<P>(4) LATE FEES. (Am. #99-8) The Village Treasurer shall assess and collect a late fee pursuant to the Village Fee Schedule from every owner of a dog/cat 5 months of age or over, if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog/cat or if the owner failed to obtain a license on or before the dog/cat reached licensable age. All late fees received or collected shall be paid into the local treasury as revenue of the Village.

<P>(5) PENALTY FOR FAILURE TO OBTAIN RABIES VACCINATION. An owner who fails to have a dog vaccinated against rabies as required under sub. (2) may be required to forfeit not less than $50 nor more than $100.

<P>(6) RESTRICTIONS ON KEEPING OF DOGS AND CATS.

<P>(a) Definitions:</u>

<P>At Large. To be off the premises of the owner and not under the control of some person either by leash or otherwise, but a dog or cat within an automobile of any other person with the consent of the dog's or cat's owner shall be deemed to be upon the owner's premises.

<P>Owner. Any person owning, harboring or keeping a dog or cat and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of 10 days is presumed to be harboring or keeping the dog or cat within the meaning of this chapter.

<P>(b) Restrictions.</u> No person within the Village shall own, harbor or keep any dog or cat which:

<P>1. Habitually pursues any vehicle upon any public street, alley or highway in the Village.

<P>2. Assaults or attacks any person.

<P>3. Is at large within the limits of the Village.

<P>4. Habitually barks or howls to the annoyance of any person or persons.

<P>5. Kills, wounds or worries any domestic animal.

<P>6. Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.

<P>(c) Barking or Howling Animals.</u> A dog or cat is considered to be in violation of par. (b)4. when 2 written, formal complaints are filed with the Police Department within a 4 week period.

<P>(d) Vicious Dogs.</u> No vicious dog shall be allowed off the premises of its owner unless muzzled or on a leash in charge of the owner or a member of the owner's immediate family over 16 years of age. A dog is declared to be vicious within the meaning of this section when it shall have bitten any person or when a propensity to attack or bite human beings shall exist and is known, or ought reasonably to be known to the owner or any member of the owner's immediate family over 16 years of age. Any vicious dog which is found off the premises of its owner other than as provided, may be seized by any person and upon delivery to the proper authorities, may, upon establishment to the satisfaction of a court of competent jurisdiction of the vicious character of the dog, by testimony under oath reduced to writing, be killed by the police authorities.

<P>(7) IMPOUNDMENT OF DOG/CAT. (Am. #99-8)

<P>(a) Impounding of Dogs/Cats.</u> The Police Department may seize and impound any dog/cat running at large, or any unlicensed dog/cat at large or upon a person's premises. Upon the impounding of any dog/cat, the Police Department shall notify the owner personally or through the United States mail if such owner be known to the Police Department or can be ascertained with reasonable effort. If after 7 days the owner does not claim such dog/cat, the Police Department shall dispose of the dog/cat in a proper and humane manner.

<P>(b) Owner May Redeem Dog/Cat.</u> The owner of any dog/cat impounded may redeem his dog/cat within the period above specified upon payment pursuant to the Village Fee Schedule.

<P>(c) Village Not Liable for Impounded Dogs/Cats.</u> The Village shall not be liable for the death of any dog/cat, which has been impounded or disposed of pursuant to this section.

<P>(8) DOGS AND CATS RESTRICTED ON PUBLIC GROUNDS AND CEMETERIES. No dog or cat is permitted in any school ground, public playground, public park or other public grounds within the Village unless such dog or cat is entered in a contest approved by the Village Board or is on a leash. Dogs and cats are prohibited from being in cemeteries. Every dog specially trained to lead blind persons shall be exempt from this section.

<P>(9) 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 Village shoot or commit an act of cruelty on any animal or bird.

<P>(10) 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 or abandoned, 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 hopelessly injured or diseased so as to be beyond the probability of recovery, such police officer may kill such animal. The cost for the care, keeping, medical attention and expenses of the notice shall be paid by the owner, if known.

<P>(11) ANIMAL FECES. Any person owning or having control of any dog, cat or other animal shall clean up the feces of such animal immediately and dispose of it in a sanitary manner. No animal feces shall be permitted to remain exposed upon any private or public property.

<P>(12) DUTY OF OWNER IN CASE OF DOG BITE. Every owner or person harboring a dog who knows that such dog has bitten any person shall keep such dog confined for not less than 14 days or for such period of time as the Health Officer shall direct. The owner or keeper of any such dog shall surrender the dog to the Health Officer upon his demand for examination. However, should the owner or keeper of any dog be found not to have confined the dog properly, the Police Department or Health Officer should seize the dog and confine the animal in the appropriate facility. The cost of such confinement shall be paid by the owner or keeper.

<P>(13) KENNEL LICENSES.

<P>(a) Any person who keeps or operates a kennel may, instead of the license tax for each dog required by this chapter, apply for a kennel license for the keeping or operating of the kennel. Upon payment of the required kennel license tax and, if required by the Village Board, upon presentation of evidence that all dogs over 5 months of age are currently immunized against rabies, the Village Clerk shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel.

<P>(b) The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog over 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. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times 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. No dog bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is in leash or temporarily for the purposes of hunting, breeding, trail, training or competition.

<P>(14) PROHIBITED AND PROTECTED ANIMALS.

<P>(a) Protected Animals.</u>

<P>1. Possession and Sale of Protected Animals. No person shall possess with intent to sell or offer for sale or buy or attempt to buy, within the Village any of the following animals, alive or dead, or any part or product thereof: all wild cats of the family felidae, polar bear (thalarctos maritimus), red wolf (canis niger), vicuna (vicugna), or alligator, caiman or crocodile of the order of crocodilia, gray or timber wolf (canis lupus), Atlantic green turtle (chelonia mydas), Mexican ridley turtle (lepidochelys kempi).

<P>2. Compliance with Federal Regulations. No person shall buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).

<P>3. Regulating the Importation of Certain Birds. No person shall import or cause to be imported into this Village any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This paragraph shall not be construed to forbid or restrict the importation or use of the plumage, skin, body or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.

<P>(b) Exceptions.</u> The provisions of par. (a) above shall not be deemed to prevent the importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits or by a person holding a Scientific Collectors Permit issued by the Secretary of the Department of Natural Resources of the State or to any person or organization licensed to present a circus.

<P>(c) Wild Animals; Prohibition on Keeping.</u> No person shall keep, maintain or have in his possession or under his control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, no person shall keep, maintain or have in his possession or under his control within the Village any of the following animals:

<P>1. All poisonous animals and insects, including rearfang snakes, poisonous insects and poisonous spiders.

<P>2. Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); ans siamangs (Symphalangus).

<P>3. Baboons (Papoi, Mandrillus).

<P>4. Bears (Ursidae).

<P>5. Bison (Bison).

<P>6. Cheetahs (Acinonyx jubatus).

<P>7. Crocodilians (Crocodilia), 30 inches in length or more.

<P>8. Constrictor snakes, 6 feet in length or more.

<P>9. Coyotes (Canis latrans).

<P>10. Deer (Cervidae); includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose.

<P>11. Elephants (Elephas and Loxodonta).

<P>12. Game cocks and other fighting birds.

<P>13. Hippopotami (Hippopotamidae).

<P>14. Hyenas (Hyaenidae).

<P>15. Jaguars (Panthera onca).

<P>16. Leopards (Panthera pardus).

<P>17. Lions (Panthera leo).

<P>18. Lynxes (Lynx).

<P>19. Monkeys, old world (Cercopithecidae).

<P>20. Ostriches (Struthio).

<P>21. Piranha fish (Characidae).

<P>22. Pumas (Felis concolor); also known as cougars, mountain lions and panthers.

<P>23. Rhinoceroses (Rhinocero tidae).

<P>24. Sharks (class Chondrichthyes).

<P>25. Snow leopards (Panthera uncia).

<P>26. Swine (Suidae).

<P>27. Tigers (Panthera tigris).

<P>28. Wolves (Canis lupus).

<P>(d) Pet Shops.</u> The provisions of par. (c) above shall not apply to licensed pet shops, zoological gardens and circuses, if:

<P>1. Their location conforms to the provisions of the zoning ordinance of the Village.

<P>2. All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

<P>3. Animals are maintained in quarters so constructed as to prevent their escape.

<P>4. No person lives or resides within 100 feet of the quarters in which the animals are kept.

<P>(e) Exception.</u>

<P>1. Permit Required. The provisions of par. (c) above shall not apply to persons who have such wild or dangerous animals, reptiles or insects in their possession at the time of adoption of this section, provided that such persons shall obtain a special annual permit from the Chief of Police within 30 days of the effective date of this section, for the keeping of such animal, insect or reptile.

<P>2. Issuance of Permit. The Chief of Police shall issue a special permit for the keeping or maintenance of a dangerous animal, reptile or insect if he finds:

<P>a. That the animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others.

<P>b. That adequate safeguards are made to prevent unauthorized access to such animal by members of the public.

<P>c. That the health or well being of the animal is not in any way endangered by the manner of keeping or confinement.

<P>d. That the keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood.

<P>e. That the keeping of such animal will not create or cause offensive odors.

<P>f. That the quarters in which such animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition.

<P>3. Investigations. The Chief of Police, in investigating any applicant for a permit under this section or in the enforcement of this section, is authorized to consult with and seek the advice of the Society for Prevention of Cruelty to Animals, the Humane Society, any representative of the Animal Control Center of the county or any other individual, agency, organization or society which may be able to provide information and advice concerning the keeping of dangerous animals.

<P>4. Inspections. Prior to the annual renewal of any special permit issued hereunder and at least once not more than 6 months after the issuance of any such special permit or after its renewal, the Chief of Police shall inspect the premises subject to such special permit to determine whether the person to whom it has been issued is continuing to comply with all of the conditions specified in this subsection. If the Chief of Police determines during such inspection that any of the conditions therein specified are being violated, he shall refuse to renew any such special permit or he shall revoke such special permit in the event that such violation is not corrected within such period of time as he shall direct.

<P>5. Limit on Number of Dangerous Animals. In no event shall a permit be issued for the keeping of more than 2 dangerous animals, insects or reptiles at any single location. Persons issued such special exception permits are prohibited from replacing such animals, insects or reptiles and breeding such animals, reptiles or insects.

<A NAME = "12.035"><P><STRONG>12.035 <bold><u>KEEPING AND RAISING OF DOMESTIC PIGEONS</u>.<med> (Cr. #95-7)</STRONG>

<P>(1) PERMIT REQUIRED. No person shall own, keep or raise domestic pigeons as a hobby except as may be permitted by the Village Board. This provision shall not include the raising and keeping of domestic pigeons as a business or as a commercial enterprise.

<P>(2) PROCEDURE. Application for permit to keep and raise domestic pigeons shall be submitted in writing by the property owner, accompanied by a fee of $100 to cover administrative costs. Upon receipt of the application and fee the Village Clerk-Treasurer shall schedule a public hearing before the Village Board. Notice of the public hearing shall be published as a class 2 notice in the official newspaper and mailed to the owners of all abutting properties.

<P>(3) TERM OF PERMIT. Any permit issued pursuant to this section shall be for an indefinite period but may be revoked at any time by the Village Board for good cause allowing public hearing as provided above.

<A NAME = "12.04"><P><STRONG>12.04 NONINTOXICATING AND SODA WATER BEVERAGE LICENSE.</STRONG>

<P>(1) LICENSE REQUIRED. No person shall manufacture, sell for wholesale or retail, sell for consumption on the premises, keep for sale at wholesale or retail or for consumption on the premises where sold any beverage containing less than 1/2 of one percent of alcohol by volume without having first procured a license therefor.

<P>(2) APPLICATION. Application for a nonintoxicating beverage and soda water license shall be made in writing to the Village Clerk 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 Village Clerk to the Village Board.

<A NAME = "12.05"><P><STRONG>12.05 CIGARETTE SALES.</STRONG>

<P>(1) LICENSE REQUIRED. No person shall in any manner, directly or indirectly, upon any premises or by any device sell, exchange, barter, dispose of, give away or keep for sale any cigarette, cigarette paper or cigarette wrappers, or any substitute therefor without first obtaining a license as herein provided.

<P>(2) STATE STATUTE ADOPTED. Section 134.65, Wis. Stats., is hereby incorporated by reference.

<A NAME = "12.06"><P><STRONG>12.06 DIRECT SELLERS.</STRONG>

<P>(1) REGISTRATION REQUIRED. No direct seller shall engage in direct sales within the Village without being registered for that purpose as provided herein.

<P>(2) DEFINITIONS. The following terms shall have the meanings indicated:

<P>Charitable Organization.</u> Includes any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such.

<P>Clerk.</u> The Village of Palmyra Clerk.

<P>Direct Seller.</u> Any person who for himself 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 such 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.

<P>Goods.</u> Includes personal property of any kind and goods provided incidental to services offered or sold.

<P>Permanent Merchant.</u> A direct seller who, for at least one year prior to the consideration of the application of this chapter to such merchant:

<P>1. Has continuously operated an established place of business in this Village; or

<P>2. Has continuously resided in this Village and now does business from his residence.

<P>(3) EXEMPTIONS. The following shall be exempt from all provisions of this section:

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

<P>(b) Any person selling goods at wholesale to dealers in such goods.

<P>(c) Any person selling agricultural products which such person has grown.

<P>(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.

<P>(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 the person.

<P>(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 customers.

<P>(g) Any person selling or offering for sale a service unconnected with the sale or offering for sale of goods.

<P>(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.

<P>(i) Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of such organization, provided that there is submitted to the Clerk proof that such charitable organization is registered under &#167;440.41, Wis. Stats. Any charitable organization not registered under &#167;440.41, Wis. Stats., or which is exempt from that statute's registration requirements, shall be required to register under this section.

<P>(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 is conducting business or proof that such person has conducted such business in this Village for at least one year prior to the date complaint was made.

<P>(4) REGISTRATION.

<P>(a) Applicants for registration must complete and return to the Clerk a registration form furnished by the Clerk which shall contain the following information:

<P>1. Name, permanent address, telephone number and temporary address, if any.

<P>2. Age, height, weight, color of hair and eyes.

<P>3. Name, address and telephone number of the person, firm, association or corporation that the direct seller represents or is employed by, or whose merchandise is being sold.

<P>4. Temporary address and telephone number from which business will be conducted, if any.

<P>5. Nature of business to be conducted and a brief description of the goods offered and any services offered.

<P>6. Proposed method of delivery of goods, if applicable.

<P>7. Make, model and license number of any vehicle to be used by applicant in the conduct of the business.

<P>8. Last cities, villages, towns, not to exceed 3, where applicant conducted similar business.

<P>9. Place where applicant can be contacted for at least 7 days after leaving this Village.

<P>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 5 years; the nature of the offense and the place of conviction.

<P>(b) Applicants shall present to the Clerk for examination:

<P>1. A driver's license or some other proof of identity as may be reasonably required.

<P>2. A State certificate of examination and approval from the sealer of weights and measures where applicant's business requires use of weighing and measuring devices approved by State authorities.

<P>3. 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 state that applicant is apparently free from any contagious or infectious disease, dated not more than 90 days prior to the date the application for license is made.

<P>(c) At the time the registration is returned, the fee in &#167;12.01 of this chapter shall be paid to the Clerk to cover the cost of processing the registration.

<P>(d) The applicant shall sign a statement appointing the Clerk his agent to accept service of process in any civil action brought against that 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.

<P>(e) Upon payment of the fee and the signing of the statement, the Clerk shall register the applicant as a direct seller and date the entry. Such registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided below.

<P>(5) INVESTIGATION.

<P>(a) Upon receipt of each application, the Clerk may refer it immediately to the Chief of Police who may make and complete an investigation of the statements made in such registration.

<P>(b) The Clerk 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, not exceeding 3, in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation or ordinance violation within the last 5 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 par. (4)(b) above.

<P>(6) APPEAL. Any person denied registration may appeal the denial through the appeal procedure provided by ordinance or resolution of the Village Board or, if none has been adopted, under the provisions of &#167;&#167;68.07 through 68.16, Wis. Stats.

<P>(7) REGULATION OF DIRECT SELLERS.

<P>(a) Prohibited Practices.</u>

<P>1. A direct seller shall be prohibited from calling 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 remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.

<P>2. A direct seller shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, the purpose of his visit, his identity or the identity of the organization he represents. A charitable organization direct seller shall specifically disclose what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. Such portion shall be expressed as a percentage of the sale price of the goods.

<P>3. No direct seller 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.

<P>4. No direct seller 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 100 foot radius of the source.

<P>5. No direct seller shall allow rubbish or litter to accumulate in or around the area in which he is conducting business.

<P>6. A direct seller shall be prohibited from selling his goods or taking sales orders for the later delivery of goods on, within or adjacent to the median strip on Main Street between First and Second Streets.

<P>(b) Disclosure Requirements.</u>

<P>1. After the initial greeting and before any other statement is made to a prospective customer, direct seller shall expressly disclose his name, the name of the company or organization he is affiliated with, if any, and the identity of goods or services he offers to sell.

<P>2. If any sale of goods is made by a direct seller, or any sales order for the later delivery of goods 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 in &#167;423.203, Wis. Stats.; the seller shall give the buyer 2 copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of &#167;&#167;423.203(1)(a)(b) and (c), (2) and (3), Wis. Stats.

<P>3. If the direct seller takes a sales order for the later delivery of goods, he 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, then 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.

<P>(8) RECORDS. The Chief of Police shall report to the Clerk all convictions for violation of this chapter and the Clerk shall note any such violation on the record of the registrant convicted.

<P>(9) REVOCATION OF REGISTRATION.

<P>(a) Registration may be revoked by the Village Board after notice and hearing, 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 or was convicted of any crime or ordinance or statutory violation which is directly related to the registrant's fitness to engage in direct selling.

<P>(b) Written notice of the hearing shall be served personally 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.

<A NAME = "12.07"><P><STRONG>12.07 AMUSEMENT DEVICES AND AMUSEMENT PARLORS.</STRONG>

<P>(1) DEFINITIONS. The following terms shall have the meanings indicated:

<P>Amusement Parlor.</u> Any premises operated by any organization, whether incorporated or not, which is the owner, lessee or occupant of a building whose primary purpose or object of its existence or operation is that of providing amusement devices to the public at retail or any premises operated by any organization, whether incorporated or not, which is the owner, lessee or occupant of a building the majority of whose gross receipts are derived from the providing of amusement devices to the public at retail.

<P>Amusement Device.</u> Any table, platform, mechanical device or apparatus operated or intended to be operated for amusement, pleasure, test of skill, competition or sport, the use or operation of which is conditioned upon payment of a consideration either by insertion of coin or token in a slot or otherwise. Such amusement device shall include, but not be limited to, devices commonly known as baseball, football, basketball, hockey, pinball, shuffleboard, ray guns, bowling games, bumper games, skiball, electronic video games and shall also include billiard tables and pool tables (whether coin operated or not). Such definition does not include a bowling alley, juke box or other coin operated music machine or a mechanical children's amusement riding device.

<P>(2) AMUSEMENT DEVICE LICENSE REQUIRED. No person shall operate or place or keep or have in his possession any amusement device as herein defined without having obtained and posted on the premises in plain view, a license to operate such a device. Application shall be made to the Village Clerk on forms provided by such officer, which form shall state the applicant's name, trade name of business and location of proposed amusement device.

<P>(3) AMUSEMENT PARLOR LICENSE.

<P>(a) License Required.</u> No person shall operate or keep an amusement parlor, as defined herein, without having obtained and posted on the premises, in plain view, a license to operate such parlor. Application shall be made to the Village Clerk on the form provided by such office, accompanied by the application fee in &#167;12.01, which shall cover the cost of processing the application and shall be nonrefundable. The application shall set forth the following information:

<P>1. The name and address of the applicant or, if a partnership, the name and addresses of all the partners or, if a corporation, the names and addresses of the principal officers and registered agent thereof and the name and address of the person who will supervise the game room.

<P>2. The name and addresses of the owners of the amusement devices to be located on the licensed premises, if such owners are different from that of the applicant. If the owners of the amusement devices is a partnership, the names and addresses of all the partners or if a corporation, the names and addresses of the principal officers and registered agent thereof.

<P>3. A building plan of the premises to be licensed specifically describing and otherwise showing all dimensions, indicating the intended division of floor space, exits and entrances, the areas to be used for amusement devices and the common aisles.

<P>4. A site plan of the premises to be licensed which shall include the proposed landscaping for the subject premises, and all the improvements, parking and driveway areas, and landscaping located on property adjacent to and within 20 feet of the property lines of the premises to be licensed.

<P>5. If the applicant operates other game rooms in other areas, the names and addresses of such other licensed establishments.

<P>6. Such application shall also contain such additional information as the Village deems necessary to assist it in determining the qualifications of the applicant for such license.

<P>(b) Public Hearing.</u> The application shall be forwarded to the Village Board which shall hold a public hearing prior to the granting or denial of any amusement parlor license. In reviewing each application, the Village Board shall find:

<P>1. That the establishment, maintenance or operation of an amusement parlor at the location requested will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

<P>2. That the proposed amusement parlor will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted nor substantially diminish and impair property values within the neighborhood.

<P>3. That the establishment of the amusement parlor will not impede the normal orderly development and improvement of the surrounding property for uses permitted in the district.

<P>4. That adequate measures have been or will be taken to maintain good order surrounding the location thereof.

<P>(c) Issuance of License; Term.</u> The Village Clerk shall issue a license upon approval of the application by the Village Board, upon the payment by the applicant of the annual license fee in &#167;12.01 of this chapter. All licenses issued herein shall be for one year ending on the 30th day of June and shall not be transferable.

<P>(4) HOURS OF OPERATION FOR AMUSEMENT PARLORS.

<P>(a) No premises for which an amusement parlor license has been issued shall be permitted to remain open for the offering of electronic amusement devices to the public at retail between the hours of 10 p.m. and 10 a.m.

<P>(b) No premises for which an amusement parlor license has been issued shall be permitted to remain open for the offering of amusement devices to the public at retail between the hours of 10 p.m. and 3 p.m. on any day in which school is in regular session.

<P>(c) For the purpose of this section the term public school or parochial school shall be any institution providing learning facilities for Grades K through 12.

<P>(5) GENERAL REQUIREMENTS FOR AMUSEMENT PARLORS. The following general requirements shall apply to all amusement parlors licensed in accordance with this chapter:

<P>(a) All amusement parlors shall have an adult supervisor on the premises at all times in which the game room is open to the public.

<P>(b) Every amusement parlor shall provide an adequate area and number of bicycle racks for the orderly parking of bicycles, which area shall be separate from a required vehicle parking stall and shall be so located as to not occupy any portion of a public sidewalk or to otherwise obstruct pedestrian passage to and from the premises.

<P>(c) Game rooms licensed herein shall comply with all other building, fire code and applicable Village laws and regulations.

<P>(d) All parlors shall post rules of nonacceptable patron conduct and shall order anyone violating the rules to leave the premises. Should the violator refuse to leave, they shall advise the Police Department immediately.

<P>(6) LICENSE REVOCATION. Licenses may be revoked by the Village Board after a hearing, if an amusement parlor's location or operation fails to conform to standards provided in this chapter or violates any other provision of this Code of Ordinances.

<A NAME = "12.08"><P><STRONG>12.08 PUBLIC DANCE.</STRONG>

<P>(1) DEFINITION. A public dance is a dance at which 2 or more couples are dancing simultaneously in premises licensed for the sale of fermented malt beverages or intoxicating liquors or a dance to which the public is invited and for which a donation or admission charge is made. Dance hall means any building, structure, tent or other enclosure in which a public dance is held. The license shall be for specific dates and hours.

<P>(2) APPLICATION. Application for a public dance license shall be made to the Village Clerk on a form furnished by the Village Clerk, which will contain such information as shall be required.

<P>(3) EXPIRATION. Public dance licenses shall expire on June 30 or the termination of a specific event.

<P>(4) ADVANCE PAYMENT. All applications for a license shall be accompanied by the required license fee which shall be returned if the license is not issued. Such application shall also be accompanied by whatever cost of publication of the application for the license is required.

<P>(5) CONDUCT OF BUSINESS OR ACTIVITY. No person shall conduct any public dance contrary to any ordinance of the Village or any State laws or in a disorderly manner or in such manner as to create a private or public nuisance.

<P>(6) EXEMPTIONS FROM FEES. The Village Board at its discretion may waive the payment of license fees for public dances conducted by school, church or civic groups.

<P>(7) MINORS UNDER EIGHTEEN. No dance hall license shall permit a person under 18 years of age to be present at a public dance who is not accompanied by his parent, guardian or spouse.

<P>(8) INTOXICATING LIQUORS OR FERMENTED MALT BEVERAGES. No person attending a public dance shall have in his possession or consume on the premises any fermented malt beverages or intoxicating liquors where the sale or consumption thereof is not lawful on the premises, nor shall any dance hall licensee permit any person in an intoxicated condition to attend a public dance.

<P>(9) RESTRICTION. No person shall have in his possession or consume on the premises any fermented malt beverages or intoxicating liquors not purchased under the license issued for the premises.

<A NAME = "12.09"><P><STRONG>12.09 MOBILE HOMES.</STRONG>

<P>(1) STATUTE ADOPTED. The provisions of &#167;66.058, Wis. Stats., and the definitions therein are hereby adopted by reference.

<P>(2) PARKING FEES. There is hereby imposed on each occupied, nonexempt mobile home located in the Village an annual parking fee as determined in accordance with &#167;66.058, Wis. Stats. Such fees shall be paid to the Village Treasurer.

<P>(3) LICENSE REQUIRED. No person shall establish or operate upon property owned or controlled by him within the Village a mobile home park without having first secured a license therefor from the Village Clerk. The application for such license shall be accompanied by the fee in &#167;12.01 of this chapter. The license shall expire one year from the date of issuance. Such parks shall comply with H 77, Wis. Adm. Code, which is hereby adopted by reference.

<P>(4) INFORMATION REQUIRED. Licensees of mobile home parks and owners of land on which are parked any occupied, nonexempt mobile homes shall furnish information to the Village Clerk and Village Assessor on such homes added to their park or land within 5 days after arrival of such home on forms furnished by the Village Clerk in accordance with &#167;66.058(3)(c) and (e), Wis. Stats.

<P>(5) RESPONSIBILITY OF OWNER. Occupants or owners or nonexempt mobile homes parked outside of a mobile home park shall remit such fees directly to the Village Treasurer as provided in sub. (2). It shall be the full and complete responsibility of the licensee of a mobile home park to collect such fees from each occupied, nonexempt mobile home therein and to remit such fees to the Village Treasurer as provided in sub. (2).

<P>(6) CASH DEPOSIT. Owner of nonexempt, occupied mobile homes, upon receipt of notice from the Village Clerk of their liability for the monthly parking permit fee, shall remit to the Village Clerk a cash deposit of $25 to guarantee payment of such fees when due to the Village Treasurer. The licensee of a mobile home park shall collect such cash deposits from each occupied, nonexempt mobile home therein and remit such deposits to the Village Clerk. Upon receipt of a notice from the owner or licensee that the nonexempt, occupied mobile home has been or is about to be removed from the Village, the Village Clerk shall direct the Village Treasurer to apply the cash deposits to reduce any monthly parking permit fees for which the owner is liable and refund the balance, if any, to the owner.

<P>(7) EFFECTIVE DATE. This section shall take effect May 1, 1970, and all ordinances or parts of ordinances inconsistent with or contrary hereto are hereby repealed, except nothing in this ordinance shall be interpreted so as to conflict with State laws or orders regulating mobile homes or mobile parks or any of the requirements of any ordinance of the Village not mentioned or made inapplicable by the express terms of this section.

<A NAME = "12.10"><P><STRONG>12.10 BUSINESS OPERATED WITHIN HOME.</STRONG>

<P>(1) Any individual who seeks to conduct a money making operation from within their residence shall apply for an annual permit.

<P>(2) The Village Board shall consider concerns of nearby neighbors of the applicant when reviewing applications.

<P>(3) Any business operating before the date of passage of this section shall be exempt from the annual review (but not the annual fee), provided that no substantial change in either the nature of the business or the physical volume of business traffic occur.

<P>(4) No exterior visual evidence of business (other than a sign) shall exist.

<A NAME = "12.11"><P><STRONG>12.11 <bold><u>MASSAGE ESTABLISHMENTS</u>.<med> (Rep. & recr. #02-03)</STRONG>

<P>(1) REGULATION. No person shall suffer, cause or permit the operations of a massage establishment except in strict compliance with this section.

<P>(2) DEFINITIONS. For the purposes of this section:

<P>Massage.</u> The manipulation of the soft tissue of the body for therapeutic purposes and may include, but is not limited to, effleurage, petrissage, tapotement, compression, vibration, friction, stroking or kneading, either by hand or with mechanical or electrical apparatus, for the purpose of body massage. This may include the use of oil, salt glows, hot and cold packs or other recognized forms of therapeutic massage therapy.

<P>Massage Establishment.</u> A location where the primary or secondary function is to offer massage services.

<P>Massage Room.</u> The area where services are performed.

<P>Waiting Area.</u> An area adjacent to the main entrance that is separate from any other area where massages are given.

<P>(3) MASSAGE ESTABLISHMENT LICENSE.

<P>(a) No person shall suffer, cause or permit the conduct of a massage establishment without having first obtained a license therefor from the Village Board. A separate license shall be acquired for each such establishment.

<P>(b) Applications shall be made in writing on forms supplied by the Village Clerk's office.

<P>(c) All applications shall include:

<P>1. The location and mailing address of the proposed establishment.

<P>2. For an individual or for each person of a partnership or joint venture or agent of a corporation:

<P>a. Name and present address.

<P>b. The 2 immediately previous addresses and dates of residence of each of the last 5 years.

<P>c. Height, weight, color of hair and eyes, social security number, written proof of age and date of birth.

<P>d. The business or occupation for the 3 years immediately preceding the date of application.

<P>e. Whether a similar license has been revoked or suspended and, if so, a listing of the same and the locations thereof.

<P>f. Person must hold a current, valid license issued by the State of Wisconsin.

<P>3. If the applicant is a corporation, the name and address of each officer and director and of the stockholders of such corporation, together with the extent of the ownership of each, and a statement whether such officer, director or stock holder holds office or stock in any other corporation conduction a similar business in the State. Such application shall be made by an agent registered as such who shall have been a resident of the Village for at least 90 days.

<P>4. All phone numbers of the proposed establishment.

<P>5. The names, addresses and phone numbers of all persons employed by the applicant at the proposed establishment at the time of application.

<P>6. Certification of compliance of the proposed premises with Chapter 17 and all building, fire and health codes and regulations of this Code of Ordinances; or, in the alternative, as to building alterations, applicant shall file a bond assuring that any work required to be done to bring the premises into compliance therewith shall be accomplished prior to the opening of business. Compliance with such codes and the standards contained herein shall be conditions precedent to the opening of business.

<P>7. The application shall contain a statement signed by the applicant and each individual of a partnership or joint venture that all information contained therein is true and correct.

<P>(4) GRANTING OF LICENSES.

<P>(a) The Village Clerk shall submit all applications for licenses hereunder to the Village Board. Approval will be subject to clearance by all appropriate departments.

<P>(b) The Village Board shall not issue a license for a massage establishment if it is shown that the operation as proposed by the applicant does not comply with all applicable State laws and ordinances, and for all licenses that the applicant or any partner or any officer, director or stockholder of a corporate application has been convicted in a court of competent jurisdiction of any offense under Ch. 944, Wis. Stats.; involving substances included in Sub. 11 of Ch. 961, Wis. Stats.; or of an offense against the person or property of another within the past 3 years, that the information required on the application is incomplete or that any applicant has knowingly or with intent to deceive made any false, misleading or fraudulent statement of fact in the application or any other document required by the Village in conjunction therewith.

<P>(c) In the event of denial, the applicant shall receive written notification thereof setting forth the reason for the denial within 10 days after such denial.

<P>(d) Licenses granted by the Village Board shall be valid from July 1 to June 30 each calendar year.

<P>(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 corporation officers or directors.

<P>(5) REGULATIONS OF OPERATIONS AND LICENSES.

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

<P>1. The establishment shall comply will all Village codes.

<P>2. No establishment shall be open for business between the hours of 10:00 p.m. and 6:00 a.m.

<P>3. Only a massage therapist licensed pursuant to &#167;12.11(7)(a) of this Code may be employed as a massage therapist by the establishment.

<P>4. No intoxicating beverages or substances included in Sub. 11 of Ch. 961, Wis. Stats., shall be permitted in the licensed establishment. Food shall be permitted only when there is no charge therefor and when a food preparation area, including a sink with hot and cold running water, is a part of the establishment.

<P>5. The establishment shall provide a waiting area for patrons separate from any area wherein messages are given. There shall be direct access to this area from the main entrance or from the hallway connected only to the main entrance.

<P>6. The establishment shall permit inspections of the premises at any time during business hours by building inspectors, fire inspectors, health inspectors or personnel of any law enforcement agency.

<P>7. The establishment shall keep current records of the names and addresses of its massage therapist and employees and the date of employment and termination of each. Such records shall be open to inspection by any of the personnel listed in subpar. 6., above.

<P>8. The establishment shall report any changes of fact required on the application form and all personnel changes in the Village Clerk's office within 10 days after the change.

<P>9. Rooms in which massage is to be practiced or administered shall have at least 70 square feet of clean floor area and shall maintain a light level of no less that 40-footcandles as measured at 3 feet above the floor. Lighting in colors other than white shall be prohibited. Such rooms shall not be locked during business hours or during massage therapy sessions.

<P>10. Such rooms shall be equipped with massage tables having a surface impervious to liquids. The surface of such tables shall be positioned at least 2 feet from the surface of the floor.

<P>11. Massage establishments shall prominently and publicly display on the premises their licenses and permits during all hours of operation.

<P>12. Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in cabinets or other appropriate facilities. Towels and linens shall not be used on more than one patron, unless they have first been laundered and disinfected. Soiled linens and paper towels shall be deposited in approved receptacles.

<P>13. Instruments utilized in performing massage shall not be used on more than one patron, unless they have first been sterilized, using disinfecting agents or sterilizing equipment approved by the Health Department. Massage table pads and reusable table coverings shall be disinfected between each massage.

<P>(6) REVOCATION OR SUSPENSION OF LICENSE.

<P>(a) Cause for Revocation or Suspension.</u> The license granted herein may be revoked or suspended for up to 6 months by the Village Board:

<P>1. If the applicant has made or recorded any statement by this section knowing it to be false or fraudulent or intentionally deceptive.

<P>2. For the violation of any provision of this section, except for establishment license matters involving violations of the Village codes, in which case the license shall be revoked after the second conviction thereof in any license year.

<P>3. After one conviction of any establishment personnel of an offense under Ch. 944, Wis. Stats.; an offense involving substances in Sub. 11 of Ch. 961, Wis. Stats., where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant; and whether any such offense occurred on or off the premises of the establishment.

<P>(b) Notice and Hearing.</u>

<P>1. No license shall be revoked or suspended by the Village Board, except upon due notice and a hearing to determine whether grounds for such action exists. The notice shall be in writing and shall state the grounds of the complaint against the licensee.

<P>2. The notice shall be served upon the licensee at least 15 days prior to the date of the hearing and shall state the time and place thereof. The licensee shall be entitled to be heard, to be represented, to cross-examine opposing witnesses and to present witnesses in his own behalf under the subpoena of the Village Board, if such is required. The hearing shall be recorded and a copy of the transcript shall be available to the licensee at the expense of the licensee. The Village Board shall decide the matter and shall prepare a written decision which shall be filed with the Village Clerk and a copy thereof mailed to the licensee within 20 days after the hearing.

<P>(7) LICENSING THERAPEUTIC MASSAGE THERAPISTS, OCCUPATIONAL THERAPISTS, AND BODYWORKERS. 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 Subch. XI of Ch. 440, Wis. Stats., as amended.

<P>(8) EXCEPTIONS. This section does not apply to the following businesses or professional establishments:

<P>(a) Office, clinics or establishments of physicians, surgeons, chiropractors, osteopaths, registered nurses or physical therapists existing for the provision of such occupational services.

<P>(b) Barbershops and beauty parlors existing for the provision of such occupational services.

<P>(9) OPERATION WITHOUT A LICENSE, A PUBLIC NUISANCE. The operation of a massage establishment without a license is deemed a public nuisance and may be enjoined by the Village.

<A NAME = "12.12"><P><STRONG>12.12 ADULT ORIENTED ESTABLISHMENTS.</STRONG>

<P>(1) The following terms shall have the meanings indicated:

<P>Adult Bookstore.</u> An establishment having as its stock-in-trade for sale, rent, lease, inspection or viewing books, films, video cassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas as defined below and in conjunction therewith having facilities for the presentation of adult entertainment as defined herein, including adult oriented films, movies or live performances for observation by patrons therein.

<P>Adult Cabaret.</u> A cabaret which features topless dancers, strippers, male or female impersonators or similar entertainers.

<P>Adult Entertainment.</u> Any exhibition of any motion picture, live performance, display or dance of any type, which has as its dominant theme or is distinguished or characterized by an emphasis on any actual or simulated specified sexual activities or specified anatomical areas as, defined herein or the removal of articles of clothing or appearing partially or totally nude.

<P>Adult Mini-Motion Picture Theater.</u> An enclosed building with a capacity of less than 50 persons used for presenting material having as its dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.

<P>Adult Motion Picture Theater.</u> An enclosed building with a capacity of 50 or more persons used for presenting material having as its dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.

<P>Adult Oriented Establishment.</u> Shall include, but is not limited to, adult bookstores, adult motion picture theaters, adult minimotion picture establishments or adult cabarets and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult oriented motion pictures or wherein an entertainer provides adult entertainment to a public patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.

<P>Board.</u> The Village Board for the Village of Palmyra, Wisconsin.

<P>Operators.</u> Any person, partnership or corporation operating, conducting, maintaining or owning any adult oriented establishment.

<P>Specified Anatomical Areas.</u>

<P>1. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola.

<P>2. Human male genitals in a discernible turgid state, even if opaquely covered.

<P>Specified Sexual Activities.</u> Simulated or actual:

<P>1. Showing of human genitals in a state of sexual stimulation or arousal.

<P>2. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus.

<P>3. Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.

<P>(2) LICENSE.

<P>(a) Except as provided in par. (d) below, from and after February 20, 1990, no adult oriented establishment shall be operated or maintained in the Village without first obtaining a license to operate issued by the Village.

<P>(b) A license may be issued only for one adult oriented establishment located at a fixed and certain place. Any person who desires to operate more than one adult oriented establishment must have a license for each.

<P>(c) No license or interest in a license may be transferred to any person.

<P>(d) All adult oriented establishments existing at the time of the passage of this section must submit an application for a license within 90 days of February 20, 1990. If an application is not received within such 90 day period, then such existing adult oriented establishment shall cease operations.

<P>(3) APPLICATION FOR LICENSE.

<P>(a) Any person desiring to secure a license shall make application to the Village Clerk. The application shall be filed in triplicate and dated by the Village Clerk with a copy of the application distributed promptly by the Clerk to the Police Department and to the applicant.

<P>(b) The application for a license shall be upon a form provided by the Village Clerk. An applicant for a license shall indicate all partners or limited partners of a partnership applicant, all officers and directors of a corporate applicant, and all shareholders holding more than 5 percent of the stock of a corporate applicant; or any other person who is interested directly in the ownership or operation of the business and shall furnish the following information under oath:

<P>1. Name and address, including all aliases.

<P>2. Written proof that the individual is at least 18 years of age.

<P>3. The address of the adult oriented establishment to be operated by the applicant.

<P>4. If the applicant is a corporation, the application shall specify the name of the corporation, date and state of incorporation, name and address of the registered agent, name and address of all shareholders owning more than 5 percent of the stock in such corporation and all officers and directors of the corporation.

<P>5. All convictions, forfeitures of bond and pleadings of nolo contendere on all charges of violation of criminal or quasicriminal statutes or ordinances, whether federal, State or municipal.

<P>6. Whether the applicant previously operated an adult oriented establishment or similar business, the business entity or trade name under which it was operated, whether such establishment was licensed, whether the applicant has ever had such a license revoked or suspended and the reason therefor.

<P>(c) Within 45 days of receiving an application for a license the Village Clerk shall notify the applicant whether the application is granted or denied.

<P>(d) Whenever an application is denied, the Village Clerk shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within 10 days of receipt of notification of denial, a public hearing shall be held within 14 days thereafter before the Board as provided below.

<P>(e) Failure or refusal of the applicant to give any information relevant to the investigation of the application or his refusal or failure to appear at any reasonable time and place for examination under oath regarding such application or his refusal to submit to or cooperate with any investigation required by this section shall constitute an admission by the applicant that he is ineligible for such license and shall be grounds for denial thereof by the Village Clerk.

<P>(4) STANDARD FOR ISSUANCE OF LICENSE. To receive a license to operate an adult oriented establishment, an applicant must meet the following standards:

<P>(a) If the applicant is an individual:

<P>1. The applicant shall be at least 18 years of age.

<P>2. The applicant shall not have been found to have previously violated this section within 5 years immediately preceding the date of the application.

<P>3. The applicant shall not have been convicted of or pleaded nolo contendere or guilty to an ordinance violation, felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within 5 years immediately preceding the date of the application.

<P>(b) If the applicant is a corporation:

<P>1. All officers, directors and stockholders required to be named under par. (3)(b) shall be at least 18 years of age.

<P>2. No officer, director or stockholder required to be named under par. (3)(b) shall have been found to have previously violated this section within 5 years immediately preceding the date of the application.

<P>3. No officer, director or stockholder required to be named under par. (3)(b) shall have been convicted of or pleaded nolo contendere or guilty to an ordinance violation, felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within 5 years immediately preceding the date of the application.

<P>(c) If the applicant is a partnership, joint venture or any other type or organization wherein 2 or more persons have a financial interest:

<P>1. All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age.

<P>2. No person having a financial interest in the partnership, joint venture or other type or organization shall have been found to have violated any provision of this section within 5 years immediately preceding the date of the application.

<P>3. No person having a financial interest in the partnership, joint venture or other type or organization shall have been convicted of or pleaded nolo contendere or guilty to an ordinance violation, felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within 5 years immediately preceding the date of the application.

<P>(d) No license shall be issued unless the Village Police Department has investigated the applicant's qualifications to be licensed. The results of that investigation shall be filed, in writing, with the Village Clerk no later than 14 days after the date of the application.

<P>(5) FEES. The license fee in &#167;12.01 of this chapter shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned, less the cost of investigating and processing the application.

<P>(6) DISPLAY OF LICENSE OR PERMIT. The license shall be displayed in a conspicuous public place in the adult oriented establishment.

<P>(7) RENEWAL OF LICENSE OR PERMIT.

<P>(a) Every license issued pursuant to this section will terminate at the expiration of one year from the date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the Village Clerk. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the Village Clerk. A copy of the application for renewal shall be distributed promptly by the Village Clerk to the Police Department and to the operator.

<P>(b) The annual license fee shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of 50 percent of the fee shall be assessed against the applicant who files for a renewal less than 60 days before the license expires. If the application is denied, 1/2 of the total fees collected shall be returned.

<P>(8) REVOCATION OF LICENSE.

<P>(a) The Board shall revoke a license or permit for any of the following reasons:

<P>1. Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.

<P>2. The operator or any employee of the operator violates any provision of this section or any rule or regulation adopted by the Board pursuant to this section provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Board shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.

<P>3. The operator becomes ineligible to obtain a license or permit.

<P>4. Any cost or fee required to be paid by this section is not paid.

<P>5. Any intoxicating liquor or fermented malt beverage is served or consumed on the premises of the adult oriented establishment.

<P>(b) The Board, before revoking or suspending any license or permit, shall give the operator at least 10 days written notice of the charges against him and the opportunity for a public hearing before the Board as provided below.

<P>(c) The transfer of a license or any interest in a license shall automatically and immediately revoke the license.

<P>(d) Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult oriented establishment for 6 months from the date of revocation of the license.

<P>(9) PHYSICAL LAYOUT OF ADULT ORIENTED ESTABLISHMENT. Any adult oriented establishment having available for customers, patrons or members any booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements:

<P>(a) Access.</u> Each book, room or cubicle shall be totally accessible to and from aisles and public areas of the adult oriented establishment and shall be unobstructed by any door, lock or other control type devices.

<P>(b) Construction.</u> Every booth, room or cubicle shall meet the following construction requirements:

<P>1. Each booth, room or cubicle shall be separated from the adjacent booths, rooms and cubicles and any nonpublic areas by a wall.

<P>2. Have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same.

<P>3. All walls shall be solid and without any openings, extended from the floor to a height of not less than 6 feet and be light colored, nonabsorbent, smooth textured and easily cleanable.

<P>4. The floor must be light colored, nonabsorbent, smooth textured and easily cleanable.

<P>5. The lighting level of each booth, room or cubicle when not in use shall be a minimum of 10 foot candles at all times as measured from the floor.

<P>(c) Occupants.</u> Only one individual shall occupy a booth, room or cubicle at any time. No such individual shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.

<P>(10) RESPONSIBILITIES OF THE OPERATOR.

<P>(a) The operator shall maintain a register of all employees, showing the name and aliases used by the employee, home address, birth date, sex, social security number, date of employment and termination and duties of each employee. The above information should be maintained in the register on the premises for a period of 3 years following termination.

<P>(b) The operator shall make the register of employees available immediately for inspection by police upon demand by a member of the Village Police Department at all reasonable times.

<P>(c) Every act or omission by an employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator if such act or omission occurs, either with the authorization, knowledge or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.

<P>(d) Any act or omission of any employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.

<P>(e) No employee of an adult oriented establishment shall allow any minor to loiter around or to frequent an adult oriented establishment or allow any minor to view adult entertainment as defined herein.

<P>(f) The operator shall maintain the premises in a clean and sanitary manner at all times.

<P>(g) The operator shall maintain at least 10 foot candles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles provided, however, at no time shall there be less than one foot candle of illumination in such aisles as measured from the floor.

<P>(h) The operator shall insure compliance of the establishment and its patrons with the provisions of this section.

<P>(11) ADMINISTRATIVE PROCEDURE AND REVIEW. Chapter 68, Wis. Stats., concerning contested cases, shall govern the administrative procedure and review regarding the granting, denial, renewal, nonrenewal, revocation or suspension of a license. All hearings shall be held before the Village Board.

<P>(12) EXCLUSIONS. All private schools and public schools as defined in Ch. 115, Wis. Stats., located within the Village are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.

<A NAME = "12.13"><P><STRONG>12.13 INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES.</STRONG>

<P>(1) STATE STATUTES ADOPTED. The provisions of Ch. 125, Wis. Stats., defining and regulating the sale, procurement, dispensing, transfer and consumption of alcohol beverages, including provisions relating to underage persons, are adopted and made a part of this section by reference. A violation of any of such provisions shall constitute a violation of this section.

<P>(2) LICENSES, PERMITS, AUTHORIZATION REQUIRED.

<P>(a) When Required.</u> Except as provided by &#167;125.06, Wis. Stats., no person shall, within the Village, serve, sell, manufacture, rectify, brew or engage in any other activity for which this chapter or Ch. 125, Wis. Stats., requires a license, permit or other authorization without holding the appropriate license, permit or other authorization as provided in this chapter. See &#167;125.04(1), Wis. Stats.

<P>(b) Separate License Required for Each Place of Sale.</u> Except for licensed public warehouses, a license shall be required for each location or premises where alcohol beverages are stored, sold or offered for sale. See &#167;125.04(9), Wis. Stats.

<P>(3) CLASSES OF LICENSES AND FEES. There shall be the following classes and denominations of licenses which, when issued by the Clerk under the authority of the Village Board shall authorize the licensee to sell, deal or traffic in intoxicating liquor or fermented malt beverages as provided in the referenced State Statute. Except as otherwise provided in this section, the full license fee shall be charged for the whole or fraction of any year.

<P>(a) Class A Fermented Malt Beverage Retailer's License.</u> See &#167;125.25, Wis. Stats.

<P>(b) Class B Fermented Malt Beverage Retailer's License.</u> See &#167;125.26, Wis. Stats.

<P>1. Six Months. A Class B license may be issued at any time for 6 months in any calendar year for 3/4 of the applicable license fee. Such license shall not be renewable during the calendar year in which issued. See &#167;125.26(5), Wis. Stats.

<P>2. Picnic. See &#167;125.26(6), Wis. Stats.

<P>(c) Wholesaler's Fermented Malt Beverage License.</u> See &#167;125.28, Wis. Stats.

<P>(d) Retail Class A Liquor License.</u> See &#167;125.51(2), Wis. Stats.

<P>(e) Retail Class B Liquor License.</u> A retail Class B liquor license shall permit its holder to sell liquor in original packages or containers in multiples not to exceed 4 liters at any one time to be consumed off the licensed premises. See &#167;125.51(3), Wis. Stats.

<P>1. A license may be issued after July 1 in any license year which shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions of months remaining until the following June 30.

<P>2. The fee for such license shall be 50 percent of the annual license fee. The license may not be renewed during the calendar year in which issued. See &#167;125.51(g), Wis. Stats.

<P>(f) Operator's License.</u> See &#167;125.17, Wis. Stats.

<P>1. Granted by Village Board. Operator's licenses may be granted to individuals by the Village Board for the purposes of complying with &#167;&#167;125.32(2) and 125.68(2), Wis. Stats.

<P>2. Written Application. Operator's licenses may be issued only on written application on forms provided by the Clerk/Treasurer.

<P>3. Procedure upon Application.

<P>a. Upon receipt of an application for an operator's license with the appropriate fees, the Village Clerk shall notify the Chief of Police who shall investigate or cause to be investigated each application. He shall furnish to the Village Board the information derived from the investigation and a statement as to whether or not the applicant complies with the following standards:

<P><bullet> The applicant has not been convicted of 2 or more alcohol related offenses in the 3 years prior to the license application.

<P><bullet> The applicant is not a felon.

<P><bullet> The applicant has not been convicted of 2 or more nontraffic State or municipal violations in the 3 years prior to the license application.

<P><bullet> The applicant is otherwise of sound moral character and is otherwise able to comply with all laws and regulations pertaining to sale of alcohol beverages.

<P>b. The Police Chief shall forward his report and the Clerk shall forward the completed application form of the applicant to the Village Board. If deemed a suitable applicant of at least 18 years of age, the Village Board may issue an operator's license. Operator's licenses shall be operative only within the limits of the Village.

<P>(g) Provisional Operator's License.</u> (Cr. #92-5)

<P>1. Pursuant to &#167;125.17(5), Wis. Stats., the Village Clerk shall have the authority to issue a provisional operator's license to a person who has applied for an operator's license.

<P>2. All requirements pertaining to issuance and eligibility for an operator's license shall apply to a provisional operator's license, except that the applicant must provide the Village Clerk with evidence that he is enrolled in an alcohol awareness training program.

<P>3. The provisional license shall expire 60 days after its issuance or when an operator's license is issued to the holder, whoever is sooner.

<P>4. No provisional license shall be issued to any person who:

<P>a. Has been denied an operator's license by the Village Board.

<P>b. Has had his operator's or manager's license revoked or suspended within the preceding 12 months.

<P>5. Provisional licenses shall not be renewed.

<P>6. The Village Clerk may revoke the provisional license if he discovers that the holder of the license made a false statement on the application.

<P>7. The fee for a provisional license shall be as provided in &#167;12.01 of this chapter plus the cost of the background check on the applicant.

<P>(h) Temporary Operator's License.</u> (Cr. #06-04) The Clerk may grant a temporary operator's license to an individual who complies with &#167;125.17, Wis. Stats., subject to the following restrictions:

<P>1. The applicant for a temporary operator's license must furnish an affidavit stating that he/she has not been convicted of, nor has any charge pending, for any felony, misdemeanor or ordinance violation, the facts of which would affect the applicant's fitness to serve intoxicants or sell alcohol beverages.

<P>2. A temporary operator's license will only be issued to those persons who have attained the age of 18.

<P>3. A temporary operator's license will only be issued to applicants employed by or donating their services to nonprofit corporations.

<P>4. No person shall hold more than one license of this kind per year.

<P>5. The license period is only valid for any period from one day to 14 days, and the period for which this license is valid will be noted on the license.

<P>(4) LICENSE APPLICATION.

<P>(a) Form.</u> Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the State Department of Revenue and filed with the Clerk. The premises shall be physically described, including every room and storage space to be covered by the license and all rooms joined by connecting entrances or not separated by a solid wall.

<P>(b) Application to be Notarized.</u> Applications shall be signed and sworn to by the applicant as provided by &#167;887.01, Wis. Stats.

<P>(c) Investigation.</u> The Village Clerk shall notify the Chief of Police, Health Officer, Chief of the Fire Department and Building Inspector of each new application for license 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 Village Board 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 reinspection of the premises and report as originally required.

<P>(d) List of Licensees.</u> By July 15 of each year, the Clerk shall forward to the State Department of Revenue a list containing the name, address and trade name of each person holding a license issued under this section, except a picnic, manager's or operator's license.

<P>(5) LICENSE RESTRICTIONS.

<P>(a) Statutory Requirements.</u> Class B licenses shall be issued only to persons eligible therefor under &#167;125.04, Wis. Stats.

<P>(b) Location.</u>

<P>1. No retail Class 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 premises.

<P>2. This paragraph shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school, hospital or church building.

<P>(c) Violators of Liquor or Beer Laws or Ordinances.</u> No retail Class B license shall be issued to any person who has been convicted of a violation of any Federal or State liquor or fermented malt beverage law or the provisions of this section or whose license has been revoked under &#167;125.12, Wis. Stats., during one year prior to such application. A conviction of a member of a partnership or the partnership itself shall make the partnership or any member thereof ineligible for such license for one year.

<P>(d) Health and Sanitation Requirements.</u> No retail Class B license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the State Department of Industry, Labor and Human Relations pertaining to buildings and plumbing, to the rules and regulations of the State Department of Health and Social Services applicable to restaurants and to all such ordinances and regulations adopted by the Village.

<P>(e) License Quota.</u> (Am. #08-01)

<P>1. The number of persons and places that may be granted a retail Class B liquor license under this section is limited as provided in &#167;125.51(4), Wis. Stats.

<P>2. The number of persons and places that may be granted a Class A retail license for beer and intoxicating liquor within the Village under this section will be one.

<P>(f) Corporations.</u> No corporation organized under the laws of this State, any other state or foreign country may be issued any alcohol beverage license or permit unless such corporation meets the requirements of &#167;125.04(6), Wis. Stats.

<P>(g) Age Requirement.</u> No license hereunder, except an operator's license, shall be granted to any person who has not attained the legal drinking age. Operator's licenses may be issued only to applicants who have attained the age of 18.

<P>(h) Effect of Revocation of License.</u> Whenever any license has been revoked, at least 12 months shall elapse before another license shall be granted to the person whose license was revoked.

<P>(i) Delinquent Taxes, Assessments and Claims.</u> No license shall be granted or renewed for any premises for which taxes, assessments or other claims of the Village are delinquent and unpaid, or to any person delinquent in payment of such claims to the Village.

<P>(j) Class B Licensed Premises to Be on Street Level.</u> A retail Class B license shall be issued only for that portion of a premises located on the street level. This restriction shall not apply to a bona fide club, society or lodge in existence not less than 6 months prior to application nor prohibit any hotel holding a State permit from supplying beverages in original containers to bona fide patrons in rooms rented by such patrons.

<P>(k) Issuance for Sales in Dwellings Prohibited.</u> No license shall be issued to any person for the purpose of possessing, selling or offering for sale any intoxicating liquor or fermented malt beverages in any dwelling house, flat or residential apartment.

<P>(6) FORM AND EXPIRATION OF LICENSES. 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 and the name of the licensee and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided. The Clerk shall affix his affidavit as required by &#167;125.04(4), Wis. Stats.

<P>(7) TRANSFER OF LICENSES.

<P>(a) As to Person.</u> No license shall be transferable as to licensee except as provided by &#167;125.04(12), Wis. Stats.

<P>(b) As to Place.</u> Licenses issued pursuant to this section may be transferred to another premises once during any license year as provided in &#167;125.04(12), Wis. Stats. Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application. The fee for such transfer shall be as stated in &#167;12.01 of this chapter.

<P>(8) POSTING AND CARE OF LICENSES. Every license or permit required under this section shall be framed and posted and at all times displayed as provided in &#167;125.04(10), Wis. Stats. No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application, or knowingly deface or destroy such license.

<P>(9) REGULATION OF LICENSED PREMISES AND LICENSEES.

<P>(a) Gambling and Disorderly Conduct Prohibited.</u> Each licensed premises shall at all times be conducted in an orderly manner; and no disorderly, riotous or indecent conduct or gambling (except as provided by State law) shall be allowed at any time on any licensed premises.

<P>(b) Employment of Underage Persons.</u> No licensee shall employ any underage person who does not have a valid operator's license to sell, serve, dispense or give away any alcohol beverage.

<P>(c) Sales by Clubs.</u> No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.

<P>(d) Safety and Sanitation Requirements.</u> Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.

<P>(e) Sale of Beer in Disposable Bottles Restricted.</u> No person required to hold a license under par. (2)(a) of this section, or anyone acting as agent or employee of such person, shall sell or, for the purpose of evading this section, give away fermented malt beverages contained in disposable bottles (bottles for which a return deposit is not required) between 6 p.m. and 8 a.m.

<P>(10) CLOSING HOURS. No premises for which a wholesale or retail liquor or fermented malt beverage license has been issued shall remain open for the sale of liquor:

<P>(a) If a wholesale license, between 5 p.m. and 8 a.m., except on Saturday when the closing hour shall be 9 p.m.

<P>(b) If a retail Class A license, premises may remain open for the conduct of their regular business, but may not sell intoxicating liquor between 9 p.m. and 8 a.m. and may not sell fermented malt beverages between midnight and 8 a.m.

<P>(c) If a retail Class B license, between 2 a.m. and 6 a.m. on weekdays and between 2:30 a.m. and 6 a.m. on Saturdays and Sundays. On January 1, premises operating under a Class B license are not required to close. No package, container or bottle sales may be made after midnight.

<P>(d) Hotels and restaurants, the principal business of which is the furnishing of food and lodging to patrons, bowling alleys, indoor horseshoe pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.

<P>(11) REVOCATION AND SUSPENSION OF LICENSES.

<P>(a) Procedure.</u> Whenever the holder of any license under this section violates any portion of this section, proceedings for the revocation or suspension of such license may be instituted under the procedure established by &#167;125.12, Wis. Stats., and the provisions therein relating to granting a new license shall likewise be applicable.

<P>(b) Effect of Revocation.</u> See par. (5)(h) of this section.

<P>(c) Revocation for Nonuse.</u>

<P>1. Within 60 days from the issuance of a Class A Retail Liquor License or a Class B Intoxicating Liquor License or a Class B Fermented Malt Beverage License the licensee shall be open for business with adequate stock and equipment. In the event of the licensee's failure to do business within such time, such license shall be subject to revocation by the Village Board after a public hearing. The Board may for good cause shown extend the 60 day period.

<P>2. If any licensee shall suspend or cease doing business for a period of 60 consecutive days or more, that Class A Retail Liquor License or that Class B Intoxicating Liquor License, or that Class B Fermented Malt Beverage License shall be subject to revocation by the Village Board after public hearing.

<P>(d) Repossession of License or Permit.</u> Whenever any license or permit under this section shall be revoked or suspended by the Village Board or action of any court, the Clerk shall notify the licensee or permittee of such suspension or revocation and notify the Chief of Police, who shall take physical possession of the license or permit wherever it may be found and file it in the Clerk's office.

<P>(12) NONRENEWAL OF LICENSES. Before renewal of any license issued under this section is refused, the licensee shall be given written notice of any charges or violations against him or the reasons proposed for nonrenewal and a copy of any proposed motion for nonrenewal and shall have an opportunity to be heard before the Village Board.

<P>(13) VIOLATIONS BY AGENTS AND EMPLOYEES. A violation of this section by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

<P>(14) RESTRICTIONS ON SPECIAL CLASS "B" FERMENTED MALT BEVERAGE PICNIC OR SPECIAL EVENT LICENSE. Groups that have been granted a special Class "B" fermented malt beverage license shall comply with the following conditions of license:

<P>(a) A responsible representative of the organization seeking such license shall execute a release of liability form as provided by the Village Clerk.

<P>(b) No person shall have in his possession or consume any intoxicating liquors where special Class "B" fermented malt beverage picnic or special event license has been issued for the premises.

<P>(15) BEER GARDEN LICENSES REQUIRED FOR OUTDOOR CONSUMPTION AT CLASS "B" PREMISES.

<P>(a) Required For Outdoor Consumption.</u> No licensee 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 Village Board. The permits are a privilege in which no rights vest and therefore may be revoked by the Village Board at its pleasure at any time, or shall otherwise expire on June 30 of each year. No person shall consume or have in his possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden permit.

<P>(b) Limitations on Issuance of Beer Garden Permits.</u> No permit shall be issued for a beer garden if any part of the beer garden is within 100 feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises. No permit shall be issued for a beer garden if the beer garden area is greater than 50 percent of 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 6 feet in height. No amplified sound or music is permitted outside the enclosed (building) premises. Amplified sound or music is not permitted in the beer garden. There shall be a licensed operator with the beer garden at all times the beer garden is in operation.

<P>(c) Adjoining Property Owners To Be Notified Of Pendency Of Applications.</u> All property owners within 150 feet of the proposed beer garden shall be notified of the pendency of application for a beer garden permit by first class mail.

<P>(d) State Statutes Enforced Within Beer Garden.</u> Every permittee under this section shall comply with and enforce all provisions of Ch. 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 Village Board.

<A NAME = "12.14"><P><STRONG>12.14 <bold><u>NUDE DANCING IN LICENSED ESTABLISHMENTS PROHIBITED</u>.<med> (Cr. #00-02)</STRONG>

<P>It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:

<P>Shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering; or

<P>Shows any portion of the female breast below a point immediately above the top of the areola; or

<P>Shows the covered male genitals in a discernibly turgid state.

<P>(1) EXEMPTIONS. The provisions of this ordinance do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

<P>(2) DEFINITIONS. For purposes of this section, the term "licensed establishment" means any establishment licensed by the Village Board of the Village of Palmyra to sell alcohol beverages pursuant to Ch. 125, Stats. The term "licensee" means the holder of a retail "Class A", "Class B", Class "B", Class "A", or "Class C" license granted by the Village Board of the Village of Palmyra pursuant to Ch. 125, Stats.

<P>(3) PENALTIES. Any person, partnership, or corporation who violates any of the provisions of this section shall be subject to a forfeiture of not less than $50, and not more than $500 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under &#167; 125.12 Wis. Stats.

<A NAME = "12.20"><P><STRONG>12.20 PENALTY.</STRONG>

<P>In addition to the revocation, suspension or nonrenewal of any license or permit issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in &#167;25.04 of this Code of Ordinances.