Municipal Code of the Village of Mukwonago
Waukesha and Walworth Counties
Chapter 22
BUSINESSES*
__________
* Cross References: Alcohol beverages, ch. 6; amusements and entertainments, ch. 10; kennels and pet shops, § 14-51 et seq.; solid waste, ch. 66; taxation, ch. 78; vehicles for hire, ch. 90.
State Law References: Authority to license and regulate generally, W.S.A., § 61.34(1).
__________
Article I. In General
Secs. 22-1--22-25. Reserved.
Article II. Transient Merchants
Sec. 22-27. Penalty for violation of article.
Sec. 22-31. Investigation; issuance.
Sec. 22-34. Regulations and restrictions.
Sec. 22-35. Suspension or revocation of license.
Secs. 22-36--22-55. Reserved.
Article III. Cigarettes and Tobacco Products
Sec. 22-59. Restrictions on sale or gift.
Sec. 22-60. Defense of retailer.
Sec. 22-61. Penalties for violation of article.
Secs. 22-62--22-80. Reserved.
Article IV. Pool and Billiard Halls
Sec. 22-81. Penalty for violation of article.
Secs. 22-86--22-105. Reserved.
Article V. Public Dances
Sec. 22-106. Penalty for violation of article.
Sec. 22-107. License required.
Sec. 22-110. Premises requirements.
Sec. 22-111. Conduct of participants.
Secs. 22-113--22-130. Reserved.
Article VI. Vending Machines
Sec. 22-131. Penalty for violation of article.
Sec. 22-132. License required.
ARTICLE I.
IN GENERAL
Secs. 22-1--22-25. Reserved.
ARTICLE II.
TRANSIENT MERCHANTS*
__________
* State Law References: Authority to regulate sales by transient merchants, other than auctions, W.S.A., § 66.083.
__________
Sec. 22-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Peddler means a person who travels from place to place and from house to house, offering for sale and selling articles of merchandise which he carries.
Solicitor means a person who travels from place to place taking orders for goods by sample or otherwise which he later delivers. It does not include professional solicitation and collection of funds for charitable purposes as regulated by W.S.A., § 440.41.
Transient merchant means a person who engages in the sale of merchandise at any place in the village temporarily, and who does not intend to become and does not become a permanent merchant of such place. For the purposes of this article, sale of merchandise includes a sale in which the personal services rendered upon, or in connection with such merchandise constitutes the greater part of value for the price received.
Trucker means a person who transports produce, not grown by him, in a truck or other vehicles from a point without or within the village and who sells the produce directly from such vehicle to retail merchants without advance orders.
(Code 1966, § 14.02(1))
Cross References: Definitions generally, § 1-2.
Sec. 22-27. Penalty for violation of article.
The penalty for violation of any provision of this article shall be a penalty as provided in section 1-12. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
(Code 1966, § 14.02(10))
Sec. 22-28. License required.
No person shall engage in the business of peddler, trucker, solicitor or transient merchant within the village without first obtaining a license from the chief of police in compliance with the provisions of this article.
(Code 1966, § 14.02(2))
Cross References: Law enforcement, ch. 46.
Sec. 22-29. Exemptions.
(a) This article or any part of this article shall not apply to the following: Newsboys, merchants delivering goods in the regular course of business; vendors of milk, bakery goods, groceries or ice distributing products to only regular customers on established routes; religious, charitable, patriotic or philanthropic organizations; and persons selling property at wholesale to dealers. This article also applies to transient merchants and peddlers at fairs, civic celebrations, Maxwell Street Days and the like, which have been approved by the village board.
(b) Persons holding a state license under the provisions of W.S.A., § 440.41, shall be exempt from the provisions of this article, but such person, group, or organization shall register with the chief of police, file a copy of the application on file with the state department of licensing as set forth in W.S.A., § 440.41(2), and a list of names and current addresses of all persons proposed to be used in solicitation in the village. The chief of police shall make such investigation of each proposed solicitor as set forth in section 22-31. No fee shall be required under this section except for the actual expense of record checks.
(Code 1966, § 14.02(3))
Sec. 22-30. Application.
At the time of filing application, an investigation fee of $5.00 shall be paid to the village treasurer to cover the cost of investigation of the facts stated in the application. The application shall be sworn to by the applicant and filed with the chief of police and shall contain such information as the chief shall require for the effective enforcement of this section and the safeguarding of the residents of the village from fraud, misconduct or abuse.
(Code 1966, § 14.02(4))
Sec. 22-31. Investigation; issuance.
Upon receipt of each such application, the chief of police shall immediately institute such investigation of applicant's business and moral character as he deems necessary for the protection of the public good, and shall endorse his approval or disapproval upon the application within 72 hours after it has been filed with him, and shall issue or deny the license or permission in accordance with his findings after presentation by the applicant of a receipt of the village treasurer showing payment of the required fee.
(Code 1966, § 14.02(5))
Sec. 22-32. Fee.
The fee for a peddler's license and a transient merchant and trucker's license shall be specified in the most current village board resolution. No fee shall be required for a solicitor's license. Peddlers may employ one assistant and transient merchants may employ two assistants without payment of an additional license fee, but such persons must comply with the other provisions of this article.
(Code 1966, § 14.02(6); Ord. No. 778, § I, 10-18-05)
Sec. 22-33. Bond.
If the chief of police determines from his investigation of the application that the interests of the village or of inhabitants of the village require protection against possible misconduct of the licensee or that the applicant is otherwise qualified but due to causes beyond his control is unable to supply all of the information required by section 22-30, he may require the applicant to file with the village clerk a bond in the sum of $1,000.00, with surety acceptable by the village president, running to the village, conditioned that he will fully comply with the ordinances of the village relating to peddlers, canvassers or transient merchants, and guaranteeing to any citizen of the village doing business with him that the property purchased will be delivered according to the representations of the applicant; provided, however, that action to recover on any such bond shall be commenced within six months after the expiration of the license of the principal.
(Code 1966, § 14.02(7))
Sec. 22-34. Regulations and restrictions.
(a) Consent of owner or occupant required. No peddler, trucker or transient merchant shall go in or upon any private residence, business establishment or office in the village for the purpose of soliciting orders for goods, wares and merchandise or peddling or hawking the same or soliciting subscriptions for magazines or other periodicals without having been requested or invited to do so by the owner or occupant of such place.
(b) Display of license. Persons licensed under this section shall carry their licenses with them while engaged in licensed activities and shall display such licenses to any police officer or citizen upon request.
(c) Misrepresentation. No licensee shall intentionally misrepresent to any prospective customer the purpose of his visit or solicitation, nor the name or business of his principal, if any, nor the source of supply of the goods, wares or merchandise which he sells or offers for the sale, nor the disposition of the proceeds or profits of his sales.
(d) Loud noises and speaking devices. No licensee, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell or use any sound amplifying device upon any of the streets, alleys, parks or other public place of the village for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
(e) Use of streets. No licensee shall have any exclusive right to any location in the public streets or sidewalks, or public way, nor shall any licensee be permitted a stationary location thereon nor be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets, sidewalk or public way. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.
(Code 1966, § 14.02(8))
Sec. 22-35. Suspension or revocation of license.
Licenses issued under the provisions of this article may be revoked or suspended by the village president for a period not to exceed five days pending hearing by the village board for fraud, misrepresentation or incorrect statements contained in the application or made in the course of carrying on business; conviction of licensee for any crime or misdemeanor; or conducting the licensed business in an unlawful or disorderly manner as to menace the health, safety or general welfare of the public.
(Code 1966, § 14.02(9))
Secs. 22-36--22-55. Reserved.
ARTICLE III.
CIGARETTES AND TOBACCO PRODUCTS*
__________
* Cross References: Purchase or possession of tobacco products by minors prohibited, § 54-103.
State Law References: Cigarette and tobacco products retailer license generally, W.S.A., § 134.65; restrictions on the sale, gift of tobacco products, W.S.A., § 134.66.
__________
Sec. 22-56. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Cigarette means as given in W.S.A., § 139.30(1).
Distributor means any of the following:
(1) A person specified under W.S.A., § 139.30(3).
(2) A person specified under W.S.A., § 139.75(4).
Identification card means any of the following:
(1) A license containing a photograph issued under W.S.A., ch. 343.
(2) An identification card issued under W.S.A., § 343.50.
(3) An identification card issued under W.S.A., § 125.08.
Jobber means as given in W.S.A., § 139.30(6).
Manufacturer means any of the following:
(1) A person specified under W.S.A., § 139.30(7).
(2) A person specified under W.S.A., § 139.75(5).
Place of business means any place where cigarettes or tobacco products are sold, manufactured, or stored for the purpose of sale or consumption, including any vessel, vehicle, airplane, train or vending machine.
Retailer means any person licensed under W.S.A., § 134.65(1).
School means as given in W.S.A., § 118.257(1)(c).
Subjobber means as given in W.S.A., § 139.75(11).
Tobacco products means as given in W.S.A., § 139.75(12).
Vending machine means as given in W.S.A., § 139.30(14).
Vending machine operator means as given in W.S.A., § 139.30(15).
(Code 1966, § 14.03(3)(1))
Cross References: Definitions generally, § 1-2.
Sec. 22-57. License required.
No person shall in any manner, directly or indirectly, manufacture, sell, exchange, dispose of or give away or keep for sale any cigarettes or cigarette papers or wrappers without first obtaining a license therefor from the village clerk in the manner provided in W.S.A., § 134.65. This article shall not apply to jobbers or manufacturers doing interstate business with customers outside the state.
(Code 1966, § 14.03(1))
Sec. 22-58. License fee.
The fee for such cigarette/tobacco license shall be specified in the most current village board resolution, and the village treasurer's receipt therefor must be presented to the village clerk before the village clerk shall issue any license under this article.
(Code 1966, § 14.03(2); Ord. No. 634, § I, 9-1-98; Ord. No. 778, § II, 10-18-05)
Sec. 22-59. Restrictions on sale or gift.
(a) No retailer may sell or give cigarettes or tobacco products to any person under the age of 18, except as provided in W.S.A., § 48.983(3). A vending machine operator is not liable under this section for the purchase of cigarettes or tobacco products from his vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.
(b) A retailer shall post a sign in areas within his premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section and W.S.A., § 48.983.
(c) A vending machine operator shall attach a notice in a conspicuous place on the front of his vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under W.S.A., § 48.983 and that the purchaser is subject to a forfeiture not to exceed $25.00.
(d) No person may place a vending machine within 500 feet of a school.
(e) Except as provided in subsection (f) of this section, a vending machine operator shall remove all of his vending machines, which are located within 500 feet of a school, by September 1, 1989.
(f) Notwithstanding subsection (e) of this section, if a written agreement binding on a vending machine operator governs the location of his vending machine which is located within 500 feet of a school, the vending machine owner shall remove the vending machine on the date that the written agreement expires or would be extended or renewed.
(g) No manufacturer, distributor, jobber, subjobber, retailer, or their employees or agents may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.
(Code 1966, § 14.03(3)(2))
Cross References: Offenses and miscellaneous provisions, ch. 54.
Sec. 22-60. Defense of retailer.
Proof of all of the following facts by a retailer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for violation of section 22-59(a):
(1) The purchaser falsely represented that he has attained the age of 18 and presented an identification card.
(2) The appearance of the purchaser was such that an ordinarily prudent person would believe that the purchaser had attained the age of 18.
(3) The sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18.
(Code 1966, § 14.03(3)(3))
Sec. 22-61. Penalties for violation of article.
(a) In this section, the word "violation" means a violation of section 22-59(a), (c) or (g) or a local ordinance which strictly conforms to section 22-59(a), (c) or (g).
(b) A person who commits a violation is subject to a forfeiture of:
(1) Not more than $500.00 if the person has not committed a previous violation within 12 months of the violation; or
(2) Not less than $200.00 nor more than $500.00 if the person has committed a previous violation within 12 months of the violation.
(c) A court shall suspend any license or permit issued under W.S.A., § 134.65, 139.34 or 139.79 to a person for:
(1) Not more than three days, if the court finds that the person committed a violation within 12 months after committing one previous violation;
(2) Not less than three days nor more than ten days, if the court finds that the person committed a violation within 12 months after committing two other violations; or
(3) Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing three or more other violations.
(d) The court shall promptly mail notice of a suspension under subsection (c) of this section to the department of revenue and to the clerk of each municipality which has issued a license or permit to the person.
(e) Whoever violates subsection (b) of this section shall forfeit not more than $25.00.
(Code 1966, § 14.03(3)(4))
Cross References: Court, ch. 26.
Secs. 22-62--22-80. Reserved.
ARTICLE IV.
POOL AND BILLIARD HALLS
Sec. 22-81. Penalty for violation of article.
Violations of this article shall be subject to penalties as provided in section 1-12.
(Code 1966, § 14.05(5))
Sec. 22-82. License required.
No person shall operate, maintain or conduct a billiard, pool, or bagatelle or pigeon hole table, open to the public, without first obtaining a license therefor, as is required in this section. All applications for such licenses shall state therein the intended location of the place of business and the number of tables to be used therein.
(Code 1966, § 14.05(1))
Sec. 22-83. License fees.
The annual fee for such license shall be specified in the most current village board resolution.
(Code 1966, § 14.05(2); Ord. No. 778, § III, 10-18-05)
Sec. 22-84. Closing hours.
No premises, for which a license has been granted under this article, shall be permitted to remain open for business between 1:00 a.m. and 8:00 a.m., except any premises which holds a license under W.S.A., ch. 125, wherein the hours shall be 2:00 a.m. and 8:00 a.m., during daylight saving time.
(Code 1966, § 14.05(3))
Sec. 22-85. Minors.
It shall be unlawful for the licensee, proprietor, owner, agent or employees to allow or permit a violation of any of the provisions of section 54-102.
(Code 1966, § 14.05(4))
Secs. 22-86--22-105. Reserved.
ARTICLE V.
PUBLIC DANCES
Sec. 22-106. Penalty for violation of article.
Any person who shall violate any provisions of this section shall be penalized as provided for in section 1-12.
(Code 1966, § 14.06(7))
Sec. 22-107. License required.
It shall be unlawful to operate or conduct a public dance in the village without having first obtained a license therefor, as required by this article.
(Code 1966, § 14.06(1))
Sec. 22-108. Application.
(a) Application for a public dance license shall be made in conformance with the provisions of the ordinances relating to licenses, and shall specify the location of the proposed dances and the person or organization sponsoring the dances.
(b) No such license shall be issued to a person who is not a person of good moral character, nor to a corporation or organization which is not represented by a person of good moral character.
(Code 1966, § 14.06(2))
Sec. 22-109. Investigation.
It shall be the duty of the chief of police to make or cause to be made an investigation into the character of each applicant and report the results of such investigation to the village board.
(Code 1966, § 14.06(3))
Sec. 22-110. Premises requirements.
It shall be unlawful to conduct a public dance in any hall or place which is not equipped with sufficient and adequate exits of four feet or more in width. No hall or building which is not provided with at least two exits of four feet or more in width shall be used for such purposes.
(Code 1966, § 14.06(4))
Sec. 22-111. Conduct of participants.
It shall be unlawful to indulge in or to permit any improper or any immoral conduct at any public dance or any other conduct prohibited under chapter 54.
(Code 1966, § 14.06(5))
Sec. 22-112. License fee.
The annual license fee required under this section shall be specified in the most current village board resolution. All such licenses shall expire on June 30 of each year.
(Code 1966, § 14.06(6); Ord. No. 778, § IV, 10-18-05)
Secs. 22-113--22-130. Reserved.
ARTICLE VI.
VENDING MACHINES
Sec. 22-131. Penalty for violation of article.
Violations of this article shall be subject to penalties as provided in section 1-12.
(Ord. No. 578, § I, 6-4-96)
Sec. 22-132. License required.
No person, firm or corporation shall sell or offer for sale any perishable beverage intended for use in whole or in part for human food or consumption through a vending machine without first having a license to sell through such machine. Application for such license shall comply with the ordinance requirements for licenses and shall designate the location of such machine. This article shall not regulate those devices that dispense nonperishable gum or small nonperishable candy products.
(Ord. No. 578, § I, 6-4-96; Ord. No. 589, § I, 1-7-97)
Sec. 22-133. Definitions.
A vending machine shall mean any self-service device offered for public use which, upon insertion of a coin, coins or token, or by other means, dispenses unit servings of perishable food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation.
(Ord. No. 578, § I, 6-4-96; Ord. No. 589, § I, 1-7-97)
Sec. 22-134. Regulations.
Premises whereon such a machine is located shall be kept in a clean and sanitary condition and free from refuse, flies, vermin and rodents. No food shall be kept in or sold from such machine that does not comply with the provisions of this article relating to the sale of food. Each such machine shall bear a legible notice of the telephone number and address of an agent of the licensee to contact if such machine is observed to be defective or does not deliver food when coins are inserted in accordance with the directions. If a machine is to be placed in a location other than an enclosed heated area, the space where such vending machine is installed shall be equipped with a concrete platform in front of the machine with an area equal to the area of the base of the machine and with a water connection available for cleaning the premises. Each such vending machine shall be equipped with a thermometer showing the inside temperature but which can be read from the outside of the machine, and each such machine shall be lighted at night. There shall be a telephone on or convenient to the premises unless there is an attendant in charge of the machine at all times it is available for use. Such vending machines shall be located in compliance with the ordinance relative to the location of buildings on the premises.
(Ord. No. 578, § I, 6-4-96)
Sec. 22-135. License fee.
The fee for such vending machine shall be specified in the most current village board resolution, and the village treasurer's receipt therefor must be presented to the village clerk before the village clerk shall issue any license under this article.
(Ord. No. 578, § I, 6-4-96; Ord. No. 778, § V, 10-18-05)