Business Licensing & Operations, Burlington

If you live in Burlington or are thinking about moving there, business licensing & operations are one of those things you probably won't think about until they affect you directly. Burlington has 4 specific rules on the books covering different aspects of business licensing & operations, and some of them might surprise you.

Tobacco Retail License

Burlington requires a Clerk-issued license before anyone sells cigarettes or tobacco products in the city, and the same chapter defines and separately restricts sale of vapor products to minors. City Code § 128-1 ties the license to a valid Wisconsin Seller's Permit.

Key details: License issuer: City Clerk. Prerequisite: Valid Wisconsin Seller's Permit. License expires: June 30 each year. Minimum sale age: 18 years old. Second offense: 5-year license ban.

Selling without a license, or selling tobacco or vapor products to a minor, violates § 128-1 and is enforced by the City Clerk and Police Department; a second conviction ends license privileges for five years under Subsection F. Otherwise, violations carry the City's general penalty of a $5 to $500 forfeiture per offense under § 1-4.

Tattoo & Body Modification

Burlington requires anyone operating a tattoo or body-piercing establishment, permanent or temporary, to hold a license under Wis. Admin. Code Ch. HFS 173 before opening. City Code § 284-3 also sets sanitation standards: nonporous floors, no carpeting, and a separate public toilet and handwashing station for every establishment in the City.

Key details: License required: Under Ch. HFS 173.04(1), permanent or temporary. Carpeting: Prohibited in establishment area. Restroom rule: Separate public toilet plus second handwash station. Special events: Each booth is its own temporary establishment. Enforcement: City Health Department, if designated state agent.

Section 284-6 makes any violation punishable by a fine under Ch. HFS 173.12(3), Wis. Admin. Code, with each day of violation and every separate provision violated counted as its own offense. Where the Health Department acts as the state's designated local agent under § 252.245, Wis. Stats., a conviction instead draws the fine set in § 252.25, Wis. Stats., including for operating without a license, and impeding a City inspector or giving false information violates § 66.0417(5)(b), Wis. Stats.

Secondhand Dealers

Burlington requires a separate City license for every junk collector, junk dealer and junkyard, backed by fingerprinting, a police and fire inspection, and a $1,000 bond. Licensed premises must be fenced at least seven feet high, and dealers cannot buy junk between sunset and 7:00 a.m.

Key details: License required: Separate license per collector, dealer, yard. Bond: $1,000 surety bond required. Fence requirement: At least 7 feet high, dust-tight. Buying hours limit: No purchases sunset to 7:00 a.m.. Holding period: Items held 2 days before resale.

Chapter 193 does not set a standalone fine, so a violation falls under the Code's general penalty of $5 to $500 for a first offense and $10 to $1,000 for a repeat offense within a year, plus costs, with up to 90 days in jail if unpaid. A license can also be denied or revoked, and the Common Council must state its specific reasons if it denies an application.

Compared to other cities, Burlington takes a harder line on secondhand dealers. The enforcement and penalty structure reflects that.

Adult Entertainment

Burlington City Code Chapter 90 requires a City business license before any adult-oriented establishment opens, and the property must already conform to the adult-use zoning standards in § 315-12.2. Licensed establishments must close between 2:00 a.m. and 12:00 noon, may not serve or allow alcohol on the premises, and face a one-year ban on relicensing after operating without a permit.

Key details: License: Required from City before opening. Hours: Closed 2:00 a.m. to noon. Alcohol: Prohibited on premises (§ 90-4J). Transfers: One license per site, no transfers. Existing operators: 60-day application window.

Operating without the required license, or violating any Chapter 90 standard, is punishable under § 90-17 through the City's general penalty at § 1-4: a first offense carries a forfeiture of $5 to $500 plus costs, a second offense within one year runs $10 to $1,000, and unpaid forfeitures can mean up to 90 days in the county jail. The Common Council may also revoke or suspend a license under § 90-16 after 10 days' written notice and a hearing.

This is one of the stricter rules in Burlington's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Burlington is tougher than many cities when it comes to business licensing & operations. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Burlington, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Burlington can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.