Chapter 5.40


5.40.010    Permit required.

5.40.020    Applicability.

5.40.030    Time restrictions.

5.40.040    Permit – Application.

5.40.050    Application inspection.

5.40.060    Bond or security requirements.

5.40.070    Issuance of license.

5.40.080    When permits shall be refused.

5.40.090    Transfer of permits.

5.40.100    Posting of permits.

5.40.110    Disorderly conduct prohibited.

5.40.120    Sanitary and lighting requirements.

5.40.130    Revocation of permit.

5.40.140    Cancellation – Emergency.

5.40.010 Permit required.

No person shall hold, conduct, or manage a public dance, circus, carnival, street fair, skating rink, or other like amusement in the Town without a written permit to be issued under the provisions of this chapter. Application for said permit shall be filed with the Clerk at least 30 days prior to the date of holding such amusement, shall be accompanied by a fee of $5.00, which fee shall cover such amusement for a continuous period of four days or less, and shall contain the information called for in ETMC 5.40.040. (2008 code § 8.10(1))

5.40.020 Applicability.

1.    This chapter shall not apply to amusements conducted by clubs, societies, or corporations, where the attendance is restricted to members of the society, club or corporation or the guests thereof, nor to amusements conducted under the sole control and supervision of a school, educational, charitable or religious organization and where the entire proceeds thereof shall be devoted to the purposes of said organization, unless such an amusement is to be conducted upon any public place or way as provided in subsection (2) of this section. This chapter also shall not apply to persons, firms or corporations conducting parades, or any other event or activity for which a license is otherwise required by the Town of East Troy.

2.    No person, firm or corporation shall conduct, exhibit, operate or maintain any public amusement such as has been hereinabove set forth, upon any street, square, park or other public place or way within the Town of East Troy, unless a permit shall be obtained therefor. This provision shall not apply to school or educational functions held on school grounds or in school buildings. (2008 code § 8.10(2))

5.40.030 Time restrictions.

No such form of amusement shall be conducted in said Town between 1:00 a.m. and 9:00 a.m. (2008 code § 8.10(3))

5.40.040 Permit – Application.

Any person desiring to procure a permit as herein required shall file with the Clerk a written application, a blank form furnished by the Town. Such application shall contain the names, residences and ages of the applicants, if an individual, firm or partnership, or the names of the principal officers, their residences and ages, if the applicant is an association or corporation. It shall also contain the name of one person whom such firm, partnership, corporation or association shall designate as manager or person in charge with the address of the same. Such application shall further state the following:

1.    Length of time such applicant or applicants, if an individual, firm or partnership or the manager or person in charge, if the applicant is a firm, partnership, corporation or association, has or have resided in the Town of East Troy, whether a citizen of the United States and a resident of the Town of East Troy, whether he or they or any of them have been convicted of violating any law regulating the conduct of any public amusement and, if so when and in what court.

2.    The place where such amusement is to be located or conducted, giving street and number of all entrances, the location of the room or rooms or space to be occupied, and the total amount of space to be used for said purposes.

3.    Whether the applicant or applicants or manager had either alone, or with someone else, previously conducted any public amusement, when and where, and for how long.

4.    The name and address of the person, association, or corporation owning the premises for which a permit is sought.

5.    The specific nature of the amusement for which a permit is sought.

6.    Such other information as either the Board, or any one of its members may, from time to time, require. (2008 code § 8.10(4))

5.40.050 Application inspection.

The Clerk, upon receipt of said written application, shall refer copies of such application to the Chief of Police, Chief of the Fire Department and Building Inspector, who shall inspect or cause to be inspected each application to determine whether the place sought to be licensed complies with the regulation, ordinances and laws applicable thereto and is a proper place for the purpose for which it is to be used. These officials shall furnish to the Village President, in writing, the information derived from such an investigation, accompanied by a recommendation as to whether a license should be granted or refused. The Clerk shall also refer copies of such application to the Town Chairman and other members of the Board. (2008 code § 8.10(5))

5.40.060 Bond or security requirements.

The Town Chairman or Town Board may require a bond, or other security, from the applicant or applicants, which shall provide amongst other things, that the Town, or any of its agents, officers, servants and employees will be indemnified and held safe and harmless from any and all liabilities, damages, or causes of action of whatever nature which may be asserted against the Town by reason of any damages or injuries sustained by any person or to any property by the amusement itself, by the participants therein or by the granting of this permit. The bond or other security shall also provide that the Town be reimbursed for any damage or injuries which it sustains by reason of said event or activity, or by the acts of any participants therein, and shall be subject to the approval of the Town Attorney. (2008 code § 8.10(6))

5.40.070 Issuance of license.

Upon the filing of the application and proof of the bond or other security as provided in the previous sections, the Board may, upon their approval of majority vote of such application, and the payment to the Town of the permit fee hereinabove provided, issue to the applicant or applicants a permit to conduct and maintain the amusement as required by ETMC 5.40.010 and 5.40.020. Such license fee shall be paid to the Town Clerk. All licenses shall be numbered in the order in which they are issued and shall state clearly the location, the exact nature of the amusement, the dates of issuance and expiration of the permit, the fee paid and the name of the licensee. No applicant to whom a permit has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can show that the reason for such objection no longer exists. No permit shall be granted to a person under 18 years of age. (2008 code § 8.10(7))

5.40.080 When permits shall be refused.

No permit shall be issued unless and until it shall be found that all of the persons named in the application are of good moral character, that the proposed location complies and conforms to all ordinances, health and fire regulations applicable thereto, and that it is a safe and proper place for the purposes for which it shall be used. No permit shall be granted any amusement place unless adequate, modern toilet facilities are provided or are otherwise available. No permit shall be refused except for a specific reason and for the protection of the public’s safety, health, morals or general welfare. (2008 code § 8.10(8))

5.40.090 Transfer of permits.

Any and all permits granted under the provisions of this chapter shall be nontransferable. (2008 code § 8.10(9))

5.40.100 Posting of permits.

Every person licensed in accordance with the provisions of this chapter shall immediately post such permit and keep the same posted while in force in a conspicuous place on the location mentioned in the application for such permit. It shall be unlawful for any person to post such permit or to be permitted to post it upon premises other than those mentioned in the application, or knowingly to deface or destroy any such permit. Whenever a permit shall be lost or destroyed without fault on the part of the holder or his agent or employees, a duplicate permit in lieu thereof under the original application may be issued by the Board at its discretion. (2008 code § 8.10(10))

5.40.110 Disorderly conduct prohibited.

No recipient of a permit under this chapter shall allow any disorderly conduct, or the use of any immoral, profane or indecent language, or allow the sale, giving away, delivering, or use therein of any drugs, or allow such place of amusement to become and be a place of resort of thieves, prostitutes, gamblers, or other disorderly persons. No intoxicating liquors may be sold or dispensed at such amusement unless a special permit has been obtained therefor, as provided in ETMC 5.05.080. (2008 code § 8.10(11))

5.40.120 Sanitary and lighting requirements.

All places of amusement and facilities appertaining thereto shall be kept at all times in a clean, healthful and sanitary condition, and all stairways and other passages and all rooms connected with a public amusement shall be kept open and well lighted during the public use. (2008 code § 8.10(12))

5.40.130 Revocation of permit.

The Board may, at any time, after giving notice to the applicant and an opportunity to be heard, revoke any permit granted under the provisions of this chapter for disorderly or immoral conduct on the premises, or for the violation of any of the rules, regulations, ordinances or laws governing or applying to public amusements, or for the protection of the public health, safety, morals, or general welfare. Whenever any permit shall be revoked, no refund of any portion of the fee paid shall be made. Notice of such hearing and the reasons therefor in writing shall be served by the Board upon the person named in the application by mailing the same to the address given in the application. (2008 code § 8.10(13))

5.40.140 Cancellation – Emergency.

If, after issuing such permit, an emergency shall arise which may threaten the health, comfort, or safety of the general public or of the participants, the Town Chairman or his delegate may cancel said permit forthwith and prohibit the proposed amusement. (2008 code § 8.10(14))