[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk
5-11-1988 as §§ 12.01, 12.02 and 12.10 of the 1988 Code. Amendments
noted where applicable.]
Unless otherwise indicated, fees for licenses issued under this chapter
shall be as follows:
A.
Alcohol beverages.[1]
(1)
Retail Class "A" fermented malt beverage license: $100
per year.
(3)
Retail "Class A" intoxicating liquor license: $250.
(4)
Retail "Class B" intoxicating liquor license: $250.
(5)
Operator's license: $25 per year.
(6)
Provisional operator's license: $15.
(7)
Wholesaler's license: $25 per year.
B.
Direct sellers: $10.
A.
Licenses or permits required. No person shall engage
in any trade, profession, business or privilege in the Town for which a license
or permit is required by any provision of this Code without first obtaining
such license or permit from the Town in the manner provided in this chapter,
unless otherwise specifically provided.
B.
Application. Unless otherwise provided, application for
a license or permit shall be made in writing to the Town Clerk upon forms
provided by the Town and applicant shall state the location of the proposed
activity and such other facts as may be required for or be applicable to the
granting of such a license or permit.
C.
Payment of fee. The fees required for any license or
permit shall be paid at the office of the Town Clerk before the granting of
the license or permit. No fee paid shall be refunded unless the license or
permit is denied.
D.
Bond and insurance. All required bonds shall be executed
by two sureties or a surety company and be subject to the approval of the
Town Board. Where policies of insurance are required, such policies shall
be approved as to substance and form by the Town Attorney. Satisfactory evidence
of coverage by bond or insurance shall be filed with the Town before the license
or permit is issued.
E.
Approval or denial of licenses. Where the approval of
any Town or state officer is required prior to the issuance of any license
or permit, such approval shall be presented to the Town before any license
or permit is issued.
F.
Certificate. Licenses or permit certificates shall show
the name of the licensee or permittee, the date of issue, the activity licensed
and the term of the license or permit and shall be signed in the name of the
Town by the Chairperson and Town Clerk and be impressed with the Town Seal.
The Clerk shall keep a record of all licenses and permits issued.
G.
Terms.
(1)
Unless otherwise provided, the license year shall end
on June 30 of each year.
(2)
Where the issuance of licenses for a period of less than
one year is permitted, the effective date of such license shall commence with
the date of issuance.
(3)
Permits shall be issued for the term set forth in the
permit.
H.
Exhibition of certificate. Every licensee or permittee
shall carry his license or permit certificate upon his person at all times
when engaged in the activity for which the license or permit was granted,
except that where such activity is conducted at a fixed place or establishment,
the license or permit certificate shall be exhibited at all times in some
conspicuous place in his place of business. The licensee or permittee shall
exhibit the license certificate when applying for a renewal and upon demand
of any police officer or person representing the issuing authority.
I.
Transfer. Unless otherwise provided, no license or permit
shall be transferable or assignable.
J.
Determinations of the Town Board. All determinations
made by the Town Board shall be subject to the provisions of Ch. 68, Wis.
Stats.
K.
Inspection. Town officials may enter upon the premises
where any licensed or permitted activity is being conducted for the purpose
of inspection at any reasonable time.
L.
Revocation and suspension of licenses.
(1)
Except as otherwise provided, any license issued under
this chapter may be revoked for cause by the Town Board. No license shall
be revoked except upon written verified complaint filed with the Town Board
by the Chairperson, a member of the Town Board, the Chief of Police or a resident
of the Town. The licensee shall be served with a written copy of the charges
and shall be given an opportunity to be heard before the Town Board. The licensee
shall be given notice of such hearing, which shall be not more than 20 nor
less than five days after notice, except as otherwise agreed between the parties.
(2)
At such hearing, the licensee shall be entitled to be
represented by counsel, shall have the right to present and cross-examine
witnesses and, upon request, may have subpoenas issued by the Chairperson
or presiding officer of the Board to compel the attendance of witnesses.
(3)
After hearing the evidence, the Board may revoke such
license or impose a limited period of suspension. The determination of the
Board shall be final, subject to review under Ch. 68, Wis. Stats., provided
the licensee shall not be entitled to a further hearing unless granted by
the Town Board.
(4)
The Police Department shall repossess any license revoked
hereunder.
(5)
If the licensee does not apply for a hearing within the
time provided, the license may be revoked by the Town Board.
In addition to the revocation or suspension of any license issued under the provisions of this chapter, any person found to be in violation of any provision of this chapter, except as otherwise provided, shall be subject to a penalty as provided in § 1-4 of this Code.
