Expenditures
The express power of a library board under section 43.58(1), Stats., to control the expenditure of funds includes the authority to contract for necessary goods and services for the public library. 77-193
Federated library systems
A public library system may not charge fees for services which are inconsistent with the provisions of section 43.52(2), Stats. 79-37
Contract provision requiring payment as between federated library systems of a fee for use of each system's facilities by nonresidents does not result in failure "to honor valid borrowers' cards of all public libraries in the system by all public libraries in the system" within the meaning of section 43.24(2)(d)., Stats. 73-60
Fees for online searches
Municipal libraries may not charge a fee for lending video cassettes which are part of a reasonable permanent collection but may charge for lending additional copies. Municipal libraries may not charge a fee for online searching of bibliographic or informational databases. 78-163
Fees for users
A public library system may not charge fees for services which are inconsistent with the provisions of section 43.52(2), Stats. 79-37
The Madison Public Library can charge user fees for any services that fall outside of a library's inherent information-providing functions; services that constitute core "library services" must be provided free of charge to the inhabitants of the municipality; a one-dollar fee can be collected for lending duplicate copies of best seller books. 73-86
Fees for video cassettes
A public library system may not charge fees for services which are inconsistent with the provisions of section 43.52(2), Stats. 79-37
Municipal libraries may not charge a fee for lending video cassettes which are part of a reasonable permanent collection but may charge for lending additional copies. Municipal libraries may not charge a fee for online searching of bibliographic or informational databases. 78-163
Funds for single-county federated library system
County Board cannot authorize single-county federated library system board to maintain special bank account into which are deposited system revenues and from which are paid system expenses. (Unpub.). 81-1977
Home-rule
Municipal libraries are a matter of paramount local concern as opposed to a statewide concern and are subject to otherwise constitutionally legal local legislative enactments under the home-rule provisions of the State Constitution. Acting pursuant to Wis. Const. art. XI, sec. 3, sec. 66.01, Stats., a city or village governing body can change the composition of its municipal library board and can limit powers of such board granted by ch. 43, Stats., where the municipal library is not part of a library system. 70-54
Municipal libraries are a matter of statewide concern. Accordingly, home rule provisions will not justify local departures from the provisions of chapter 43, Stats. 76-203
Online Computer Library Center (OCLC)
Computerized compilation of bibliographic records discussed in relation to copyright law; under Public Records Law requester is entitled to copy of computer tape or a printout of information contained on the tape. 75-133
Online searches, fees
Municipal libraries may not charge a fee for lending video cassettes which are part of a reasonable permanent collection but may charge for lending additional copies. Municipal libraries may not charge a fee for online searching of bibliographic or informational databases. 78-163
Tax exemption
A municipality, otherwise qualified, is entitled to an exemption under sec. 43.64(2), Stats., where the county has not acted to levy a tax specifically designated as a county library tax but does finance money "expended for public library services to its inhabitants" by a general tax levy. 72-190
To qualify for tax exemption from county library tax under sec. 43.64(2), Stats., municipality or school district must have expended for its own "library fund" during the year in which the county tax levy is made a sum at least equal to the sum it would have to pay for the county tax levy made during that year to fund the county budget for the ensuing year. 72-49
Video cassettes, fees
Municipal libraries may not charge a fee for lending video cassettes which are part of a reasonable permanent collection but may charge for lending additional copies. Municipal libraries may not charge a fee for online searching of bibliographic or informational databases. 78-163
LICENSES AND PERMITS
Acquired Immune Deficiency Syndrome
Licensing boards do not have the authority to enact general regulations which would allow them to suspend, deny or revoke the license of a person who has a communicable disease. However, licensing boards do have the authority on a case-by-case basis to suspend, deny or revoke the license of a person who poses a direct threat to the health and safety of other persons or who, by reason of the communicable disease, is unable to perform the duties of the licensed activity. 77-223
Alderman holding a Class "B" license
An alderman holding a Class "B" Fermented Malt Beverage and Intoxicating Liquor License is ineligible to vote on the granting, renewal or revocation of such a license. 63-545
Auction business
Where a licensed Class "B" retailer of fermented malt beverages also conducts a restaurant business on the premises, sec. 66.054(8)(a), Stats., does not operate to permit the licensee to conduct any other business on the premises. 66-176
Automobiles and motor vehicles
Motor carrier permit fees required by sec. 194.04(4)(a), (b) and (c), Stats., are not in conflict with Interstate Commerce Commission regulations and may be collected. The permit fee required by sec. 194.04(4)(d), Stats., is in conflict with such regulations and may not be collected. 63-206
Bartenders' licenses
Municipalities may not require by ordinance that all grocery and liquor store employes and bartenders must obtain bartenders' or operators' licenses, such ordinances being in conflict with the provisions of chapter 125, Stats. 76-86
Section 66.054(11), Stats., which permits the issuance of bartenders' licenses to persons of "good moral character" does not automatically preclude issuance to a former offender, especially in light of sec. 111.32(5)(h), Stats., which prohibits discrimination in employment or occupational licensing based upon a criminal conviction (with certain exceptions). 68-202
Bed and breakfast; alcohol beverages
An owner of a bed and breakfast establishment who does not hold an alcohol beverages license may personally consume alcohol beverages or serve alcohol beverages at social events held on the premises without violating section 125.09(1), Stats., provided that consumption of alcohol beverages occurs in a portion of the bed and breakfast establishment that is not open to the public or to renters.
Proprietors of a bed and breakfast establishment may solicit and accept voluntary contributions from guests at a social event held on the premises to defray costs of alcohol beverages, but bed and breakfast proprietors who do not hold an alcohol beverages license may not serve alcohol beverages at a social event where alcohol beverages are served only to those who pay an admission fee, without violating section 125.04(1). 80-218
Bicycles
The licensing of bicyclists, the creation of bicycle courts and the impoundment of bicycles is a matter of statewide concern. Cities and villages cannot exercise such regulation in the absence of express legislative authorization. 66-99
Building permit
Under section 66.036, Stats., additions to, and the remodeling of, structures require an on-site inspection of the existing private sewage system before a building permit may be issued. 75-38
Charitable organizations
The loss of tax exempt status for income tax purposes does not necessarily imply that an organization is no longer nonprofit. The Bingo Control Board does not have statutory authority to revoke the bingo license of an otherwise eligible organization because of its membership policies regarding race. 67-255
Child labor permits
Department of Industry, Labor and Human Relations may lawfully issue child labor permits to girls aged 12 and 13 to be employed as caddies on golf courses. 63-513
Churches
A group of churches is entitled to a permit under sec. 16.845, Stats., to use the Capitol grounds for a planned civic or social activity even if the content of the program is partly religious in nature. 68-217
Citizenship
Sections 441.04, 441.07 and 441.10, Stats., making citizenship a prerequisite to obtaining a certificate/license to practice nursing in the State of Wisconsin, are unconstitutional in that they violate rights under the Fourteenth Amendment of the United States Constitution when applied to resident aliens. 64-65
Class "B" liquor and beer licenses
Legislature has manifested intent that closing hour for premises for which retail Class "B" liquor and beer licenses have been issued in counties having less than 500,000 population advance from 1:00 a.m. to 2:00 a.m. from 1:00 a.m. on the last Sunday in April until 2:00 a.m. on the last Sunday in October of each year. 63-113
Class"B" retailer
Where a licensed Class "B" retailer of fermented malt beverages also conducts a restaurant business on the premises, sec. 66.054(8)(a), Stats., does not operate to permit the licensee to conduct any other business on the premises. 66-176
Collection agencies
Section 218.04, Stats., requires licensure of nonresident collection agencies and solicitors that conduct business with Wisconsin residents solely by mail or telephone. Applying the licensing requirements to such agencies and solicitors would not impermissibly burden interstate commerce. 80-283
