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TOWN OF BRADLEY'S GENERAL CODE

CHAPTER 5: SPECIFIC LICENSES

5.10 MOBILE HOME PARK/MOBILE HOME LICENSE ORDINANCE

1) Coverage: Every person or corporation, subject to s. 66.058 and s. 66.0585, Wisconsin Statutes, and this ordinance, who maintains or operates within the Town of Bradley any mobile home park shall seek and obtain a mobile home park license from the Town of Bradley. The fee for such license shall be established by the Town Board at not less than $25.00, nor more than $100.00 for each 50 spaces, except if the mobile home park is in two municipalities. Then, the amount of the license fee shall be the fraction thereof the number of spaces in the park in the municipality bears to the entire number of spaces in the mobile home park. The fee shall be established annually by the Town Board prior to January 1st. The fees are noted in Section 4.11. The license shall be issued from January 1st to December 31st. The license shall be issued by the Town Clerk prior to any person operating or maintaining a mobile home park in the Town.

2) Application/License: The application and license shall designate the premises. The Town Board may approve the transfer of the license, but may charge a fee of $10.00 for each transfer. No license may be transferred, without Town Board approval. The application shall include:

a) the name of the applicant

b) the address of the applicant

c) the location of the premises

d) the telephone number of the applicant

e) the age of the applicant

f) the complete construction plans and specifications which shall be in compliance with

state law and regulations and Town of Bradley ordinances.

No person shall be issued or re-issued a mobile home park license in the Town until the person owns or has leased a premises in the Town, to be operated and maintained as the mobile home park. The applicant shall comply with s. 66.058 Stats., and this ordinance.

3) Mobile Home Monthly Permit Ordinance:

a) Every person, pursuant to s. 66.058 and s. 66.0585, Stats., and this ordinance, who occupies a space or lot in a mobile home park, or at any location in the Town, and whose mobile home is not exempt under s. 66.058 or 66.0585, shall pay a monthly parking fee. These amounts shall be remitted to the Town Treasurer by the 10th day following the month the fees are due. The mobile home park licensee shall collect all monthly parking fees and forward these amounts to the Town Treasurer. The fee shall be calculated pursuant to s. 66.058(3)(c), Wisconsin Statutes.

b) The mobile home park licensee and the owner of any land wherein a mobile home has been parked shall furnish information to the Town Clerk on forms developed and provided by the Wisconsin Department of Revenue, within 5 days of the arrival of the mobile home. Failure to report the information within 5 days shall subject the responsible party to a forfeiture of $25.00. Each failure to report is a separate offense.

5) Penalties: Any person who fails to comply with Section 5.10 of this ordinance shall be subject to a forfeiture as set forth in Section 4.11(b).

5.15 BUILDING PERMIT ORDINANCE

1) Coverage: Every person, pursuant to s. 66.058 and s.101.65 Wis. Stats., and this ordinance, in the Town of Bradley, who constructs a new one or two family dwelling, including installing a manufactured building or a mobile home, shall first seek and obtain a building permit from the Town of Bradley.

2) Fees: The fees shall be established by the Town Board of the Town of Bradley. The fees are as noted in Section 4.13(c).

3) Application: The building permit shall be issued from July 1 of one year to June 30 of the next year. The permit shall be issued by the Town Clerk of the Town of Bradley prior to the person commencing any form of construction or installation noted above in the Town of Bradley. The permit is issued upon the condition that, and does hereby require that, all construction under the permit shall comply with the requirements of the One and 2-family dwelling code and any rules adopted thereunder, ie. S. 101.60-101.66 Stats. The dwelling, as located and constructed, shall comply with the Lincoln County Zoning Ordinance. The applicant shall complete and provide the information requested on the standard building permit form prescribed by the department of commerce and utilized by the Town. The permit may not be amended if the person changes the premises in the Town of Bradley for the construction project. The permit is not transferable from one person to another. A mobile home moved from one location to another in the town must reapply for another permit.

4) Definitions: This ordinance adopts the definitions found in s. 66.058, 101.61, and 101.71 Stats., which are incorporated by reference. “Person” means a natural person, partnership, limited liability company, corporation or association.

5) The Town of Bradley may not issue a building permit to a person who is required to be certified under s. 101.654 Stats., unless that person, on applying for a building permit, produces a certificate of financial responsibility issued by the department of commerce, showing that the person is in compliance with s. 101.654 Stats.

6) The Town Clerk shall provide an owner who applies for a building permit with a statement advising the owner that if the owner hires a contractor to perform work under the building permit and the contractor is not bonded or insured as required under s. 101.654(2)(a) Stats., the following consequences might occur:

a. The owner may be held liable for any bodily injury to, or death, of others, or for any damage to the property of others that arises out of the work performed under the building permit or that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.

b. The owner many not be able to collect from the contractor damages for any loss sustained by the owner because of a violation by the contractor of the one- and 2-family dwelling code or this ordinance, because of any bodily injury to or death of others or damage to the property of others that arises out of work performed under the building permit or because of any bodily injury or death of others or damage to the property of others that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.

7) Mobile Homes/Application: In addition to any applicable information contained on the standard building permit form prescribed by the department of commerce, applicants for a permit for a mobile home shall provide the following information, deemed relevant to the health and safety of residents of the Town, and pertaining to the mobile home:

a. Names and addresses of the owners of the real estate where the mobile home is to be located.

b. Legal description for the real estate where the mobile home is to be located.

c. Exact location of the mobile home on the real estate.

d. Description of and location of sanitation facilities.

e. Make and year of manufacture.

f. Proof of consent by the owner of the real estate.

g. Proof that the mobile home complies with any applicable federal code (HUD), and has code compliant plumbing, electrical components, and structural integrity.

8) Penalties: Any person who fails to comply with this ordinance may be required to forfeit no more than $50.00 for each day of non-compliance, and/or after a hearing before the Town Board, may have the permit revoked, and/or may be required to bring a dwelling into compliance, or remove any non-compliant dwelling. The Town Clerk of the Town of shall provide copies of this ordinance at no cost to any applicant requesting copies.

5.20 INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE ORDINANCE

1) Coverage:

a) Every person, pursuant to Chapter 125 of the Wisconsin Statutes, and this ordinance in the Town, who sells alcohol beverages with one-half of one percent (1/2 of 1%) of alcohol by volume or more, and wholesalers, retailers and distributors of such beverages in the Town, shall seek and obtain the following applicable license or permits from the Town Board, namely:

1. Class A Fermented Malt Beverage- Retailers

Authorizes retail sales of fermented malt beverages for consumption off the

premises where sold and in original packages, containers and bottles.

2. Class B Fermented Malt Beverage- Retailers

Authorizes retail sales of fermented malt beverages to be consumed either on the

premises where sold, or off the premises.

3. Class A Liquor- Retailers

Authorizes the retail sale of intoxicating liquor for consumption off the premises

where sold and in original packages and containers.

4. Class B Liquor- Retailers

Authorizes the retail sale of intoxicating liquor to be consumed by the glass only on

the premises where sold and also authorizes the sale of intoxicating liquor in the

original package or container, in multiples not to exceed 4 liters at any one time,

and to be consumed off the premises where sold. In addition, wine may be sold

in the original package or container in any quantity to be consumed off the

premises where sold.

5. Temporary Class B (Beer or Wine)

Authorizes the sale of beer, or wine containing not more than 6% alcohol by

volume (depending upon which type of license is obtained), at picnic or similar

gathering lasting less than 4 days. Such licenses may be issued only to bona fide

clubs, county or local fair associations, agricultural societies, churches, lodges,

or societies that have been in existence for at least 6 months, and to veterans'

organizations.

6. Wholesalers License

Authorizes sales of fermented malt beverages in original packages or

containers to retailers or wholesalers, not to be consumed in or about the premises

where sold.

7. Operators Licenses (pursuant to s. 125.17 Stats.)

b) The fees for such licenses or permits shall be established annually by the Town Board. The fees are as noted in Section 4(a)(2). The license or permit shall be from July 1st of one year to June 30th of the next year, except as hereafter noted. Operator's licenses may be issued for a one or two year period from July 1st to June 30th.

2) Application/License/Permit:

a) The application and license or permit shall designate the area in the Town where the alcohol beverage will be sold. The license to sell alcohol beverages may be transferred if the licensee or permittee:

1. dies

2. becomes bankrupt

3. makes an assignment for benefit of creditors

b) If the licensee becomes disabled, the Town may, upon application, transfer the license/permit to the licensee's spouse, if the spouse qualifies for a license pursuant to Chapter 125 Stats., and this ordinance, and the spouse complies with the requirements under Chapter 125 for original applicants. However, the spouse is exempt from payment of the license fee for the year in which the transfer takes place.

c) Upon the happening of any events noted above, the personal representative, the surviving spouse (if a personal representative is not appointed), the trustee or the receiver may continue, or sell, or assign the business. If the business is sold or assigned, the license may be transferred to the successor owner or assigned at no charge if:

1. he or she complies with the requirements applicable to original applicants, and

2. he or she is acceptable to the Town Board and consent to the transfer is given by the Town

Board.

d) The license to sell alcohol beverages may be transferred to another area or premises in the Town. Class A, Class B licenses, and operator's licenses, pursuant to s. 125.04(12) Stats., are limited to only one transfer in any license or permit year. Transfers shall cost $10.00 and shall be payable to the Town Clerk.

e) The application for license/permit noted herein shall be provided by the State Department of Revenue. This form shall be used, except for application for Operator's License, which shall be prepared by the Town.

f) The person(s) subject to this ordinance shall comply with Chapter 125 of the Wisconsin Statutes, and this ordinance. No person shall be issued or re-issued any of the noted alcohol beverage licenses/permits who has failed to properly and fully complete and submit to the Town Clerk the application form as called for herein.

g) No person, pursuant to s. 111.32, 111.321, 111.335 and 125.04, Stats., shall be issued or re-issued any of the noted alcohol beverage licenses/permits, who has been a habitual law offender, or convicted of a felony, unless the person has been duly pardoned.

h) Only natural persons that are residents of Wisconsin for at least 90 days shall be issued or re-issued the noted alcohol beverage licenses/permits, except a natural person applying for an Operator's License need not be a resident of Wisconsin at the time of application, but must be a resident at the time of issuance.

i) Only natural persons that have attained the legal drinking age shall be issued or re-issued the noted alcohol beverage licenses/permits, except a natural person applying for a Operator's License need not be of legal drinking age at the time of application, but must have attained such age at the time of issuance.

j) Only corporate persons whose agent meets the qualifications established in s. 125.04(6), Stats., and whose agent, officers, and directors meet the qualifications of 125.04(5), Stats., shall be issued or re-issued the noted alcohol beverage licenses/permits, except no foreign corporation shall be issued a Class B license.

k) No person shall be issued or re-issued a Class B license until the premises complies with the rules promulgated by the State Department of Health and Social Services governing sanitation in restaurants.

l) No person shall be issued or re-issued a Class A or B license for any premises in the Town until all delinquent taxes and assessments of the Town for that premises are paid to the Town Treasurer.

m) The Town Clerk may issue Temporary Class B (picnic)licenses under s. 125.26(6) and 125.51(10), without prior approval of the Town Board, after first considering the criteria for issuance as contained in this ordinance, and provided that the event for which the license is needed will take place before the next scheduled meeting of the Town Board. The application for such license must be filed with the Town Clerk at least 10 days prior to the granting of the license. The Town Clerk may refuse to issue any such license and require approval for issuance to come from the Town Board.

n) The Town Clerk may issue provisional retail Class A, and Class B Fermented Beverage; and retail Class A and Class B Intoxicating Liquor licenses pursuant to s. 125.185 Stats.

1. Such provisional licenses may be issued forthwith, without prior approval by the Town Board, upon receipt of an application on forms approved by the Town Clerk, if it appears to the Clerk from such application:

a. The applicant is also applying for a license described in 5.20(1)1-4

inclusive.

b. The applicant would be qualified for issuance of such provisional license

pursuant to the provisions of s.125.04(5) Stats, except that the

provisional license applicant does not have to comply with

s.125.04(5)(a)(5) Stats.

2. The provisional license application does not have to be filed with the Clerk 15

days prior to issuance, and the Clerk does not have to publish pursuant to s.125.04(3)(g) Stats., prior to issuance.

3. The provisional license expires 60 days after issuance, or when the applicant is issued a license described in 5.20(1)(a)1-4 inclusive, whichever occurs sooner.

4. The Town Clerk may revoke the provisional license, if the Clerk discovers that the holder of the provisional license made a false statement in applying for same.

3) Operators' License/Application/Temporary/Provisional

Operators licenses may be issued by the Town Board pursuant to s. 125.17 Stats., for the purpose of complying with s. 125.32(2) and 125.68(2) Stats. Subject to the exceptions contained in s. 125.17(6), Stats., applicants for all Operators licenses shall have completed a responsible beverage server training course as set forth in s. 125.17(6), Stats.

a) Temporary Operators' License may be issued only to operators employed by, or donating their services to, nonprofit corporations. No person may hold more than one license of this kind per year. The license is valid for up to 14 days and shall be stated upon the license.

b) Provisional Operators' License may be issued by the Town Clerk, without Town Board approval, to a person who has applied for an Operators License. The applicant must not have been denied an Operators License previously by the Town Board. The Provisional License expires 60 days after it's issuance, or when an Operators License is issued, whichever occurs first. The Town Clerk may revoke the Provisional License if the Clerk discovers that the holder made a false statement on the application. The Clerk shall also consider the criteria set forth in Section 5 (b) of this ordinance as they relate to the holding of licenses, in issuing a Provisional License.

c) The application for Operator's License shall include:

1. the name of the applicant

2. the address of the applicant

3. the telephone number of the applicant

4. the age of the applicant

5. the name of the premises where the alcohol beverage is to be sold

6. the address of the premises

7. the telephone number of the premises

8. history of the applicant relevant to the fitness of the applicant to hold a license

9. whether the application is for a Temporary Operator's License, or requests a

Provisional License

10. length of residency in Wisconsin

11. any criminal arrest and conviction record, including description of acts, and

whether applicant was pardoned

4) Other Provisions:

a) The Town Board shall, at minimum, establish written considerations and grounds for any determination to revoke, suspend, or not renew or re-issue to any person an alcohol beverage license or permit authorized by this ordinance. These considerations and grounds may be that the licensee or applicant:

1. violated Chapter 125, Stats., or this ordinance

2. kept or maintained a disorderly or riotous, indecent or improper house

3. sold or gave away alcohol beverages to known intoxicated persons

4. does not possess qualifications to hold license or permit

5. failed to maintain sanitary standards established by the State of Wisconsin,

Lincoln County, or the Town of Bradley

6. has habitually been a law offender

7. has been convicted of a felony unless pardoned

8. other relevant considerations and grounds that may apply in a particular case.

b) The Town Board should find that the considerations and grounds occurred by the preponderance of the evidence presented to it at a hearing. The procedures for holding such hearing are set forth in s. 125.12 Stats., and this ordinance.

5) Nudity Ordinance:

a) No retail Class B licensee, shall suffer or permit any person to appear on licensed premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals, or any simulation thereof, nor shall suffer or permit any female to appear on licensed premises in such manner or attire as to expose to view any portion of the breast below the top of the areola, or any simulation thereof.

b) Any licensee who shall violate the preceding paragraph shall be subject to revocation, suspension, or refusal to renew the license as set forth in s. 125.12 Stats., and the procedures in such section shall govern.

5.30 MISCELLANEOUS LICENSES AND PERMITS

1) Highway Access Permit:

a) No person shall make any excavation or fill or install any culvert or make any other alteration in any town road, or in any manner disturb any town road or bridge without a permit therefor from the Town Board.

b) Such permit shall contain the statement and be subject to the condition that the work shall be constructed subject to such rules and regulations as may be prescribed by the Town Board, and be performed and completed to its satisfaction, and in the case of temporary alterations that the town road or bridge shall be restored to its former condition, and that the permittee shall be liable to the town for all damages which occur during the progress of said work, or as a result thereof.

c) Nothing herein shall abridge the right of the Town Board to make such additional rules, regulations, and conditions not inconsistent herewith, as may be deemed necessary and proper for the preservation of town roads, or for the safety of the public, and to make the granting of any such permit conditional thereon.

d) If any culvert is installed or any excavation or fill or any other alteration is made in violation of the provisions of this subsection, the town road may be restored to its former condition by the Town Board.

2) Recycling Permit:

Persons who collect waste or recyclables in the Town of Bradley are subject to the provisions of section 6.19 of the Recycling Ordinance of the Town of Bradley.