[Adopted as Title 7, Ch. 8, of the Benton Code of Ordinances]
The Village shall not issue or renew any license or permits
to transact any business within the Village of Benton:
A. For any purposes for which taxes, assessments or other claims of
the Village are delinquent and unpaid.
B. For any person who is delinquent in payment:
(1) Of any taxes, assessments or other claims owed the Village; or
(2) Of any forfeiture resulting from a violation of any Village ordinance.
This article shall apply to licenses issued pursuant to the
provisions of:
A. Chapter
111, Amusement Parlors.
B. Chapter
148, Cigarette Licenses.
D. Chapter
200, Intoxicating Liquor and Fermented Malt Beverages.
E. Chapter
288, Article
IV, Street Use Permits.
F. Chapter
297, Transient Merchants.
An application for renewal of a license or permit subject to this article shall be denied pursuant to the provisions of §
214-1 only following notice and opportunity for hearing as provided by §
214-4 below.
Prior to any denial of an application for renewal of a license or permit, including denials pursuant to §
214-1, the applicant shall be given notice and opportunity for a hearing as hereinafter provided:
A. With respect to licenses renewable under Chapter
200, Intoxicating Liquor and Fermented Malt Beverages, Articles
I and
II, of this Code, notice and opportunity for hearing shall be as provided by § 125.12, Wis. Stats., as amended from time to time.
B. With respect to licenses other than those described in §
214-1 herein, the Village Board or its assignee shall notify the applicant, in writing, of the Village's intention not to renew the license and shall provide the applicant with an opportunity for hearing. The notice shall state the reasons for the intended action and shall establish a date, not less than three days nor more than 10 days after the date of the notice on which the applicant shall appear before the Village Board. If the applicant shall fail to appear before the Board on the date indicated on the notice, the Board shall deny the application for renewal. If the applicant appears before the Board on the date indicated in the notice and denies that the reasons for nonrenewal exist, the Village Board shall conduct a hearing with respect to the matter. At the hearing, both the Village and the applicant may produce witnesses, cross-examine witnesses and be represented by counsel. The applicant shall, upon request, be provided a written transcript of the hearing at the applicant's expense. If the Village Board determines the applicant shall not be entitled to renewal pursuant to §
214-1, the application for renewal shall be denied.
Where an individual, business or corporation wishes to appeal the Village Clerk-Treasurer's decision not to issue a license or permit under this Code on grounds other than those specified in §§
214-1 through
214-4 above, the applicant may file a request, in writing, with the Village Clerk-Treasurer that the matter be referred to the Village Board. A public hearing shall be scheduled within 14 calendar days by the Village Board. All parties may be represented by counsel. The Board shall consider all relevant information and shall render a decision which shall be binding.