[HISTORY: Adopted by the City Council of the City of Fond
du Lac 6-23-1993 by Ord. No. 2679 as §§ 12.01, 12.02
and 12.35 of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and entertainment — See Ch. 208.
Animals — See Ch. 216.
Auctions — See Ch. 229.
Cigarettes and tobacco products — See Ch. 279.
Food and food-handling establishments — See Ch. 356.
Intoxicating liquor and fermented malt beverages — See Ch. 400.
Mobile homes and mobile home parks — See Ch. 460.
Pawnbrokers and secondhand dealers — See Ch. 493.
Peace and good order — See Ch. 500.
Taxicabs — See Ch. 587.
Transient merchants — See Ch. 602.
Trees — See Ch. 607.
Zoning — See Ch. 720.
[Amended 4-24-2014 by Ord. No. 3544]
A license shall be required for each of the following businesses
or activities at the fee indicated on the schedule of fees adopted
by resolution of the City Council and on file in the office of the
City Clerk. Such licenses will be for a term of one year, unless otherwise
indicated.
[Amended 8-14-2013 by Ord. No. 3523]
Unless otherwise specifically provided by this Code or Wisconsin
Statutes, licenses and permits under this chapter may be granted and
issued by the City Clerk after proper application has been made. Proper
application shall include payment of any other outstanding indebtedness
by the applicant to the City.
A.
Applications. Applications for all licenses and permits required
by this chapter shall be made, in writing, to the City Clerk in the
absence of provision to the contrary. Each application shall state
the name of the applicant, the permit or license desired, the location
to be used, if any, the time covered and the fee to be paid, and each
application shall contain such additional information as may be needed
for the proper guidance of City officials in the issuing of the permit
or license applied for.
B.
Person subject to license. Whenever in this chapter a license is
required for the maintenance, operation or conduct of any business
or establishment or for doing business or engaging in any activity
or occupation, any person or corporation shall be subject to the requirement
if by himself or through an agent, employee, partner or contractual
agreement he holds himself forth as being engaged in the business
or occupation, or solicits patronage therefor, actively or passively,
or performs or attempts to perform any part of the business or occupation
in the City.
C.
Forms. All application, license and permit forms shall be kept on
file and available from the City Clerk.
D.
Signature. Each license or permit issued shall bear the signature
of the City Clerk in the absence of any provision to the contrary.
E.
Delinquent taxes, assessments and claims. No license under this chapter
shall be granted to any person or the premises owned by said person
for which taxes, assessments or other claims of the City are delinquent
and unpaid. Such a license may be suspended or revoked if the licensee
subsequently fails to meet the conditions required as a basis for
granting the license.
F.
Investigations. Upon the receipt of an application for a license
or permit where ordinances of the City necessitate an inspection before
the issuance of such permit or license, the City Clerk shall refer
such application to the proper officer for making such investigation
and the officer charged with the duty of making the investigation
or inspection shall make a report thereof.
G.
Fees and bonds. In the absence of provisions to the contrary, all
fees and charges for licenses or permits shall be paid in advance
at the time application is made to the City Clerk. As a condition
of issuing any license under this chapter, the City Council may require
the posting of a bond in such amount as the Council determines sufficient
to ensure payment of any violation.
H.
Termination of licenses. All annual licenses shall terminate on June
30 following the issuance thereof where no provision to the contrary
is made. The City Clerk shall mail to all licensees of the City a
statement of the time of expiration of the license held by the licensee,
if an annual license, three weeks prior to the date of such expiration,
provided that a failure to send out such notice or the failure of
the licensee to receive it shall not excuse the licensee from a failure
to obtain a new license or a renewal thereof, nor shall it be a defense
in an action for operation without a license.
I.
Building and premises. No license shall be issued for the conduct of any business and no permit shall be issued for any thing or act if the premises and building to be used for the purpose do not fully comply with the requirements of the City. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of Chapter 720, Zoning, of the Code of the City of Fond du Lac.
J.
Change of location. The location of any licensed business or occupation or of any permitted act may be changed, excluding special events, marches, and public assemblies under Chapter 562 of the Code of the City of Fond du Lac, provided that 10 days’ notice is given to the City Clerk, in the absence of any provision to the contrary. Changes to special events, marches, and public assemblies are governed by § 562-6 of the Code of the City of Fond du Lac.
[Amended 2-13-2019 by Ord. No. 3684]
K.
Inspections.
(1)
Whenever inspections of the premises used for or in connection with
the operation of a licensed business or occupation are required by
ordinance, or are reasonably necessary to secure compliance with any
ordinance provision or to detect violations thereof, the licensee
or the person in charge of the premises to be inspected shall admit
for the purpose of making the inspection any officer or employee of
the City authorized or directed to make the inspection at any reasonable
time that admission is requested. Whenever an analysis of any commodity
or material is reasonably necessary to secure conformance with any
ordinance provision or to detect violations thereof, the licensee
whose business is governed by such provision shall give to any authorized
officer or employee of the City requesting the same sufficient samples
of such material or commodity for such analysis upon request.
(2)
In addition to any other penalty which may be provided, the City
Manager may revoke the license of the proprietor of any licensed business
in the City who refuses to permit any officer or employee who is authorized
to make inspection or take a sample to make the inspection or take
an adequate sample of the commodity, or who interferes with an officer
or employee while in the performance of his duty in making such inspection.
No license shall be revoked for cause unless written demand is made
upon the licensee or person in charge of the premises, in the name
of the City, stating that the inspection or sample is desired at the
time it is sought to make the inspection or obtain the sample.
L.
Revocation. Any license or permit for a limited time may be revoked
by the City Manager at any time during the life of the license or
permit for any violation by the licensee or permittee of the ordinance
provisions relating to the license or permit, the subject matter of
the license or permit, or to the premises occupied; such revocation
may be in addition to any forfeiture imposed.
M.
Posting license. Every person conducting a licensed business in the
City shall keep his license posted in a prominent place on the premises
used for such business so that it may be seen at all times.
In addition to the suspension or revocation of any license issued under this chapter, and except where otherwise specifically provided, any person found to be in violation of any provisions of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.
