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ORD972Amuse-Cig AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #972 AN ORDINANCE TO AMEND CHAPTER 12, TO REPEAL AND RECREATE SECTION 12.07 AND ADD SECTION 12.09 (Amusement Devices and Cigarette Licensing) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Section 12.07 is hereby repealed and recreated to read as follows: 12.07 AMUSEMENT DEVICES (1) LICENSE REQUIRED. No person shall operate any amusement device in any place of business without a license from the Clerk-Treasurer. (2) DEFINITION An amusement device shall include: (a) Pool (billiard) Table (b) Bowling Lane (c) Indoor Skating Rink (d) Coin-operated Amusement Device, including but not limited to: 1. Mechanical Game 2. Electronic Game 3. Juke Box 4. Dart Game 5. Crane Device (3) LICENSE FEES. The license fee for each amusement device shall be established by Resolution of the Common Council. (4) APPLICATIONS. Applications for licenses hereunder shall be made to the Clerk-Treasurer on a form provide by the Clerk-Treasurer. (5) EXPIRATION OF LICENSE. th Any license issued hereunder shall expire on June 30. Ordinance #972 Page 2 (6) POSTING OF LICENSE. Any license issued hereunder shall be posted in a conspicuous place on the premises where the licensed device is located. SECTION 2: Section 12.09 is hereby created to read as follows: CIGARETTE AND TOBACCO PRODUCTS RETAILER LICENSE (1) No person shall in any manner, or upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes or tobacco products to any person not holding a license as herein provided or a permit under ss. 139.30 to 139.41 or 139.79 without first obtaining a license from the Clerk-Treasurer of the City of Muskego. (2) The current provisions of Section 134.65 Wis. Stats., and any successor, are hereby incorporated herein by the City of Muskego. (3) The fee for such license shall be established by resolution of the Common Council of the City of Muskego in compliance with Section 134.65(2)(a) Wis. Stats. SECTION 3: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 4: This ordinance shall be in full force and effect from and after its passage and publication. th PASSED AND APPROVED THIS 27 DAY OF OCTOBER , 1998. CITY OF MUSKEGO __________________________ David L. De Angelis, Mayor ATTEST: First Reading: 10/13/98 ____________________________ th Clerk-Treasurer Published the 5 day of 9/98jmb November, 1998.