The Town Board may refuse to renew, suspend or revoke a license
for any violations of this chapter or if the applicant is not qualified
to hold the license.
A. In order to commence the procedure for a license nonrenewal, suspension
or revocation, the Town shall notify the licensee in writing by certified
mail, return receipt requested, of the alleged violation or cause
and the intent of the Town to seek a nonrenewal, suspension or revocation
of the license.
B. The licensee shall be entitled to a public hearing before the Town Board regarding the license nonrenewal, suspension or revocation, upon written request to the Town Clerk within 10 days of receipt of the notification required in Subsection
A.
C. Any public hearing requested pursuant to Subsection
B shall take place within 10 days of the filing of such written request.
D. At the hearing both the Town and the aggrieved party may be represented
by an attorney, present evidence, call and examine witnesses, cross-examine
witnesses of the other party, and make opening and closing statements.
Such witnesses shall be sworn. The Town Chairman shall be the presiding
officer at the hearing.
E. Attorneys may issue subpoenas to compel attendance of witnesses or
the production of evidence. Subpoenas issued must be in substantially
the same form as provided in § 805.07(4), Wis. Stats., and
must be served in the manner provided in § 805.07(5), Wis.
Stats. Copies of the subpoenas must be served on the opposing party.
F. The Board shall cause the proceedings to be recorded by a stenographer,
the expense thereof to be paid by the Town. Costs for copies of any
transcripts or transcription of a recording shall be paid by the party
requesting the transcript or transcription. All exhibits shall be
marked and preserved.
G. Within 10 days of the completion of any hearing the Town Board shall
determine if cause for nonrenewal, suspension or revocation exists.
If no public hearing is requested, the Town Board shall make a determination
within 20 days of the notification date.
H. The Town Board shall issue its determination in writing and provide
it within five days to the licensee by certified mail, return receipt
requested.
I. If a license period expires while a nonrenewal, suspension or revocation
procedure is pending, then the nonrenewal, suspension or revocation
of any license shall be stayed pending the issuance of a determination
by the Town Board. The nonrenewal, suspension or revocation of a license
shall become effective 30 days following the issuance of a decision
by the Town Board, if judicial review is not commenced as provided
in this section.
J. If judicial review of such determination by the Town Board is timely
commenced, then license nonrenewal, suspension or revocation shall
not become effective until judgment is entered.
K. Any person aggrieved by such a decision of the Town Board shall be
entitled to immediately appeal the Board's decision in Circuit
Court. Such an appeal must be made within 30 days of the licensee's
receipt of the written decision by the Board. The Town explicitly
elects not to be governed by Ch. 68, Wis. Stats., and to provide the
review procedures described in this chapter.
L. Any person whose license is nonrenewed, suspended or revoked shall
not be eligible to receive a license for a period of five years from
the effective date of the suspension or revocation.