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Ordinance A-578

Friday, May 8, 2009 - 10:43am

ORDINANCE A - 578

AMENDING THE LICENSING AND REGULATION ORDINANCE OF THE VILLAGE OF SOMERSET, WISCONSIN Sec. 7-10-1. License required; application; fee; regulations and restrictions. (a) License Required. No individual, firm, or corporation shall maintain or operate within the limits of the Village of Somerset any inner tube rental business/campground or part of any such business or furnish in any way inner tubes for floating in the Apple River without first obtaining a license therefore from the Village Clerk in compliance with the provisions of this Section.(b)Application and Fee; User Fees. (1) Application and License Fee. The application for such license shall be made in writing to the Village Clerk-Treasurer. The application shall set forth the name of the person, firm, or corporation and the location of such business, including the location of the building where the inner tubes are stored and rented and the location of the facilities for changing clothes and toilet facilities. The fee for such application shall be set by the Village Board at the annual budget meeting each year. The fee will be due July 15. Late payment fee will be Ten Dollars ($10.00) per day after the July 15th due date and the August 15th due date. In the case of an inner tubing rental/ campground business opening or business after the due dates, application must be made ten (10) days before the business begins operation and all application, license and user fees will apply. (2) User Fee. A user fee will be charged annually to those businesses that operate a tubing rental business/campground or part of any such business within the Village. The user fee will be used to cover the cost of enforcement of Village ordinances, refuse removal, and maintenance of Village property that is the result of the inner tube rental/campground business activities. This fee will be considered as part of the license fee and a license may be denied because of nonpayment or delinquency in payment. The Village Board will set the amount of the user fee based on cost of enforcement of Village ordinances, refuse removal and maintenance of Village property that is the result of the inner tube rental/ campground business's activities at the annual budget meeting. The total amount of the fee shall be equally divided among the businesses and each shall be responsible for its share. The user fee will be due on July 15. Late payment fee will be Ten Dollars ($10.00) per day after August 15 that the fee remains unpaid. A business may elect to pay one half of the user fee on July 15 and the second half on August 15. (c) License Restrictions and Regulations. (1) No person, firm or corporation shall be issued a license pursuant to this Section unless such licensee has direct access to the Apple River without crossing or passing on public or private lands other than that owned by the licensee or has specific documented and written permission of the owner of such land as needed to be crossed or passed upon to obtain access to the river. (2) No person, firm or corporation shall be issued a license pursuant to this Section unless facilities for changing clothes, and toilet facilities are available on the property of the licensee. (3) The license so issued must be available at the premises on which their business is operated and must be shown on request to any law officer or other official of the Village of Somerset. (4) The license period shall extend from July 1 to the next succeeding June 30. The license may be transferred to another owner provided the new owner continues to operate the business at the same location and in the same manner as the previous owner. (5) The license granted pursuant to this Section shall allow the licensee to operate his/her business only out of or in the building, the clothes changing facilities and toilet facilities designated in the application. (6) A tube license shall be considered invalid when payments per Subsection (b) are not paid by July 15 and August 15. (d) Access for Public Safety. All premises used by the licensee for the inner tube rental business and open to the public, including campground areas operated by the licensee, shall be open to the Village police officers, firefighters, ambulance and emergency rescue squads. The licensee, by applying for and holding a Village tubing license, shall be deemed to have consented to such entry by Village police, firefighters, ambulance and emergency rescue squads for purposes of maintaining proper safety and welfare of the public.

Jeffrey Johnson, Village President

Pamela Donohoe, Clerk Adopted: April 21, 2009 Publication: May 7, 2009 Effective: May 8, 2009

41L WNAXLP


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