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ORD19989720 0 0 AMENDED ORDINANCE #972 COMMON COUNCIL - CITY OF MUSKEG0 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 Section 12.07 is hereby repealed and recreated to read as follows: 12.07 AMUSEMENT DEVICES (1) LICENSE REQUIRED.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. Any license issued hereunder shall expire on June 30th 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 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. The current provisions of Section 134.65 Wis. Stats., and any successor, are hereby incorporated herein by the City of Muskego. 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. PASSED AND APPROVED THIS 27’” DAY OF OCTOBER ,1998. CITY OF MUSKEG0 fi?&dlU &y David L. De Angelis, Mayor First Reading: 1011 3/98 Published the 51h day of November, 1998. ATTEST. L/<. 2./1 mi” u I. I I. ~. t STATE OF WISCONSIN ) Milwaukee County 1 ) ss. .- Official Notice hD OWANCE W72 AN ORDINANCE TO AMEND CHAPTER 12, TO REPEAL. AND RECREATE SECTION 12.01 AND ADD SECTION 12.09 XTY OF MUSKEGO fenB. (Amuaerneat Device. and Cigarette Li THE COMMON COUNCIL OF THE CITY OF iagl MUSKEGO, WAUKESHA, WISCONSIN. DO ORDAIN As FOLLOWS snd recreated to read ne follows: -1: Section 12.07 is hereby repealed (11 LICENSE REQUIRED. 12.07 AMUSEMENT DEVICES in my or business without a license from rhe N~ &all operate my BmuBemcnt device Clerk-hasurer. (21 DEFINITION AII amusement device ahall include: (a) Pool (billiard1 Table Muskego. wia. Stats, and my successor, are hereby incorpo. rated herein by the City of Muskego. )ished by lebol~tion of the Common Council of the (3) me fee roar such license shall be estab- city .d Muskego in compliance with Section 134.65(21(a) Wia. Stats. nance are declared to be severable. If any seetion Or n: The several sections of this ordi- thereof shall be declared by B dectsian of a ful. or unenforceable. such decision shall apply only of competent jurisdiction to be invalid. unlaw- to the eeaion or portion thereof directly in the decision, and not aITeect the validity of ail other pmvisians. sections. or portion thereof of the ordinance which shall remain in full force with the provis~ona of this ordinance are and effect. Any other ordinance whose terns am in hereby repealed as to those term8 that conflict. and eliect from and after its passage and publiea- -4: This ordinance shall be, in full force lion. pASSEDANDAPPROVI?D THIS 27TH DAY OF OCTOBER. 1998. ClTY OF MUSKEGO -- 'A L. Deheelis. Mavor (2) The current pmviaions of Section 134.65 Suzanne"Sobczyk being duly sworn, doth a newspaper published at MUSKEGO, Wisconsin and that an advertisement of which the annexed is a true copy, taken from the said paper, was published therein on ,.. .............................. ....... h.wA. .El... ...... ....... .................. ......... (Signed). ........ KEEPER day of.. .... ......A. ....... ............ ................. ATTEST. Clerk-Treasurer COMMON COUNCIL - CITY OF ORDINANCE #972 / AN ORDINANCE TO AMEND CHAVTER 12, TO REPEAL AND RECREATE SECTION 12.07 PND ADD SECTION 12.09 (Amusement Devices and Cigarette Licensing) / / / i THE COMMON COUNCIL OF THE CITY OF M~SKEGO, WAUKESHA, WISCONSIN, i DO ORDAIN AS FOLLOWS: i SECTION 1. Section 12.07 is hereby repealed and recreated to read as follows: / ,’ 12.07 AMUSEMENT DEVICES i (1) LICENSE REQUIRED. i ,/’ / No person shall operate any amusement device 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. Any license issued hereunder shall expire on June 30th. 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: CIGARElTE 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. PASSED AND APPROVED THIS - DAY OF , 1998. CITY OF MUSKEG0 AlTEST Clerk-Treasurer 9/98jmb David L. De Angelis, Mayor First Reading: 10/13/98