City of Monroe, WI
Green County
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Table of Contents
Table of Contents

§ 3-5-1 Definitions.

[1-7-1992; 2016 Code]
In this chapter:
COMMITTEE
Means any committee or board of the city.
LICENSE
Means any license or permit authorized to be issued by the city.
LICENSEE
Means any person that has been issued any type of permit or license by the city, or that has applied for any license or permit from the city, or both.
PERSON AGGRIEVED
Means any person whose rights, duties or privileges are adversely affected by a determination of a municipal authority.
RENEW
Means to either renew or reissue.

§ 3-5-2 Scope.

[1-7-1992; 2016 Code]
(A) 
The city may suspend, revoke, or refuse to issue or renew any license. If procedures for such action are not set out in the section under which the license was or would be issued, such action shall be taken in compliance with the provisions of this chapter.
(B) 
The grounds set forth under section 3-5-3 for revocation, suspension, and refusal to issue or renew any license are in addition to all other grounds for such action set forth in this code, and shall provide a basis for revocation, suspension, and refusal to issue or renew any license, regardless of the chapter under which such license is authorized.
(C) 
The provisions of this chapter shall not apply to the temporary suspension, modification, or conditioning of any license issued pursuant to chapter 13 of title 3 this code.

§ 3-5-3 Grounds for revocation, suspension, and refusal to issue or renew license.

[1-7-1992; 2-2-1993; 2016 Code]
The city may suspend, revoke, or refuse to issue or renew any license when the city finds that the licensee:
(A) 
Has violated the conditions of the license.
(B) 
Has violated state law or this code.
(C) 
Has refused to allow the city to inspect the licensed premises.
(D) 
Does not possess the requirements to hold the license.
(E) 
Is, or would be, subject to suspension or revocation of the license under this code.
(F) 
Has not paid any overdue forfeiture resulting from a violation of this code.
(1) 
The city may enter into written agreements providing for reciprocal enforcement of forfeitures with other cities, villages, or towns within Green County. The city may suspend, revoke, or refuse to issue or renew any license to a person who has not paid an overdue forfeiture resulting from a violation of the code of any city, village or town that is a party to such agreement.
(2) 
The city may not suspend, revoke or refuse to issue or renew a license to any person who is appealing the imposition of the forfeiture, unless the refusal is based upon grounds other than the failure to pay the forfeiture. However, if the appeal is unsuccessful, the city may then revoke, suspend, or refuse to issue or renew a license based upon the failure to pay the overdue forfeiture.
(G) 
Is delinquent in the payment of personal property taxes due the city.

§ 3-5-4 Procedure for revocation or suspension.

[1-7-1992; 2016 Code]
(A) 
Any resident of the city may file a sworn, written complaint with the city clerk setting forth facts that, if true, would show that a particular licensee has committed one of the acts set forth in section 3-5-3 of this chapter. Any member of a committee may file such a complaint, but shall not sit as a member of the council or committee during any hearing on the complaint or deliberation following a hearing on the complaint.
(B) 
Upon the filing of the complaint, the committee responsible for issuing the particular license shall issue a summons, directing the licensee to appear before the committee at a specific place and at a specific date and time to show cause why the committee should not recommend that the council revoke or suspend the license. The summons shall be signed by the city clerk.
(C) 
The committee may require the complainant to provide security for the costs of the action before issuing a summons under this section.
(D) 
The date and time noted on the summons for the appearance of the licensee shall be not less than three days nor more than 14 days from the date of issuance of the summons.
(E) 
The summons and a copy of the complaint shall be served on the licensee at least three days before the date of the hearing.
(F) 
The complainant shall have the burden of proving the allegations of the complaint by a preponderance of the evidence.
(G) 
If the committee finds the allegations of the complaint have not been proven, the proceeding shall be dismissed without cost to the licensee.
(H) 
If the licensee does not appear as required by the summons, or if the licensee appears and admits the allegations of the complaint, the allegations of the complaint shall be taken as proven. The council shall suspend or revoke the license upon recommendation of the committee. The city clerk shall give the licensee notice of such action within five days following the hearing.
(I) 
If the licensee appears as required by the summons and denies the complaint, the committee shall hold a hearing. At the hearing, the complainant and the licensee may be represented by counsel. The complainant and the licensee may present evidence, call and examine witnesses, and cross examine witnesses of the other party. The testimony of all witnesses shall be given under oath.
(1) 
The city shall arrange for having the hearing tape recorded. The licensee shall be provided a written transcript of the hearing at his or her expense.
(2) 
The committee shall submit a report to the council, including findings of fact, conclusions of law, and a recommendation as to what action, if any, the council should take with respect to the license.
A) 
The committee shall provide the complainant and the licensee with a copy of the report submitted to the council.
B) 
The council shall follow the recommendation of the committee unless review of the committee's determination is requested by any person under section 3-5-5 of this chapter. The city clerk shall give notice of all action taken by the council to the licensee.

§ 3-5-5 Procedure for refusal to issue or renew license.

[1-7-1992; 11-6-2002; 2016 Code]
(A) 
Before the time to issue or renew a license, a committee shall notify the licensee in writing of its intention not to approve the issuance or renewal of the license and shall provide the licensee the opportunity for a hearing. The notice shall state the reasons for the intended action.
(B) 
The licensee shall be entitled to a hearing before the committee with regard to the intended action. To obtain a hearing, the licensee shall file a written request for hearing with the city clerk. Such request must be filed within seven days of the date notice is given under subsection (A) of this section.
(C) 
If hearing is requested, the city clerk shall set the matter for hearing before the committee. Such hearing shall be held not less than three days nor more than 14 days from the date the request for hearing is filed with the city clerk. Notice of such hearing shall be sent to the licensee by regular mail not less than three days before the date of hearing.
(D) 
The licensee shall have the opportunity at hearing to present evidence and argument supporting the issuance or renewal of the license. After presentation of evidence and argument, the committee shall deliberate and shall return a determination confirming or reversing its initially proposed action. The determination shall be referred to the council as a recommendation for action.
(E) 
If the licensee does not appear at the requested hearing, all determinations of fact shall be resolved in favor of the initially proposed action, and the requested license shall not be issued or renewed. The city clerk shall give the licensee notice of such action within five days following the hearing.
(F) 
If the licensee appears, the licensee may present evidence and call and examine witnesses. The testimony of all witnesses shall be given under oath. The licensee may be represented by counsel.
(G) 
The city shall arrange for and pay the cost of having the hearing tape recorded. The licensee shall be provided a written transcript of the hearing at his or her request and expense.

§ 3-5-6 Review of determination.

[1-7-1992; 2016 Code]
(A) 
Any person aggrieved may have a determination reviewed by written request mailed or delivered to the council within 30 days of notice to such person of such determination. The request for review shall state the grounds upon which the person aggrieved contends that the decision should be modified or reversed. A request for review shall be made to the council, but failure to make such request to the council shall not preclude the person aggrieved from review unless such failure has caused prejudice to the city.
(B) 
A review under this section shall be made by the council, unless an independent review of such initial determination by another person, committee, or agency of the city is provided by the city. Such independent review shall be at the sole discretion of the council.
(C) 
The council, or independent reviewer, if provided, shall review the initial determination within 15 days of receipt of a request for review. The time for review may be extended by agreement with the person aggrieved.
(D) 
Upon the filing of a request for review, the council shall set a hearing regarding the determination. Such hearing shall be set before the council at a specific place and at a specific date and time.
(E) 
Such hearing shall be held not less than three nor more than 14 days from the date of filing of the request for review. Notice of the date and time of hearing shall be sent to the person requesting review not less than three days before the hearing. Notice shall be sent by regular mail.
(F) 
The committee shall have the burden of proving allegations supporting its recommendation by a preponderance of the evidence.
(G) 
If the council finds the allegations have not been proven, the recommendation of the committee shall be disregarded, and the council shall then take such action as is appropriate under the circumstances.
(H) 
At the hearing, the committee and the licensee may be represented by counsel. The committee and the licensee may present evidence, call and examine witnesses, and cross examine witnesses of the other party. The testimony of all witnesses shall be given under oath.
(I) 
No alderperson who participated in the determination of the committee shall sit on the council for purposes of the hearing under this section.
(J) 
The city shall arrange for having the hearing tape recorded. The licensee shall be provided a written transcript of the hearing at his or her request and expense.

§ 3-5-7 Election.

[1-7-1992; 2016 Code]
The city elects not to be governed by chapter 68 of the Wisconsin statutes in the area of licensing by virtue of the enactment of this chapter. This election is made pursuant to that authority granted to the city under section 68.16 of the Wisconsin statutes.