[HISTORY: Adopted by the Town Board of the Town of Grand
Chute 6-19-2012 by Ord. No. 2012-01. Amendments noted where applicable.]
GENERAL REFERENCES
Finance and taxation — See Ch. 57.
A.
The Town through the Town of Grand Chute Police Department has determined
that various hotels/motels within the Town have accounted for an excessive
number of police calls, including prostitution activity, drug trafficking,
other crimes, and disorderly conduct disturbances.
B.
The Town through the Town of Grand Chute Police Department has identified
from past experience that working with area hotels/motels in a collaborative
effort provides a more effective means of addressing issues involving
prostitution activity, drug trafficking, other crimes, and disorderly
conduct disturbances.
C.
The creation of this hotel/motel ordinance by the Town of Grand Chute
will provide improved accountability by owners/operators of hotel/motel
businesses with a focus on improving health and safety issues for
guests, hotel/motel employees, and the Grand Chute community, by requiring
owners/operators to obtain licenses to operate hotels/motels in the
Town, by imposing penalties for inappropriate activities, and by providing
an opportunity for owners/operators to mitigate those penalties by
voluntary cooperation with the Town Police Department.
[Amended 9-3-2013 by Ord.
No. 2013-16]
For the purpose of this chapter, unless otherwise expressly
stated, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
Includes, but is not limited to, any and all calls to emergency
services (police, fire, and/or medical) that result in a representative
being dispatched or directed to the hotel/motel. This shall include
any calls for service within the surrounding neighborhood that, through
information or investigation, can be traced to the hotel/motel staff
and/or registered guest(s) and/or visitor(s). Calls for service also
include any self-initiated activity and/or investigation based on
the observation(s) of an emergency services representative.
Include, but are not limited to, arrests that involve the
manufacture, cultivation, importation, transportation, possession,
possession for sale, sale, furnishing, administering, or giving away,
or providing a place to use or fortification of a place involving,
any controlled drug, narcotic or drug paraphernalia.
A building or group of buildings in which the public may
obtain accommodations for a consideration including, without limitation,
such establishments as inns, motels, hotels, tourist homes, tourist
houses or courts, lodging houses, rooming houses, summer camps, apartment
hotels, resort lodges and cabins and any other buildings in which
accommodations are available to the public, except accommodations
rented for a continuous period of more than one month and accommodations
furnished by any hospitals, sanitariums, or nursing homes, or by corporations
or associations organized and operated exclusively for religious,
charitable or educational purposes provided that no part of the net
earnings of such corporations and associations inured to the benefit
of any private shareholder or individual.
The occupancy of any guestroom or use of any hotel/motel
facility regardless of compensation or remuneration.
The committee of individuals appointed by the Town Board
from time to time for issuing licenses authorized by the Town of Grand
Chute Ordinances.
[Amended 9-3-2013 by Ord.
No. 2013-16]
Any person who, in connection with the activities of a hotel/motel,
manages the hotel/motel business's operations, including such
things as, but not limited to, the collection of rental charges, issuing
of keys, direction of personnel, assigning of rooms to guests, handling
guest affairs, and overseeing security. The term shall also include
resident manager and assistant manager.
Any person, firm, association, partnership, limited liability
company, or corporation, which is the record owner, part owner, lessee,
receiver, sublessee, or franchisee of real property as listed on the
last equalized assessment roll as maintained by the Town of Grand
Chute Assessor at which a hotel/motel business is operated, which
offers and accepts payment for rooms, guest rooms, sleeping accommodations,
or board and lodging, and retains the right of access to, and control
of, the dwelling unit on behalf of himself/herself or any entity listed
above.
Includes, but is not limited to, arrests that involve prostitution
or prostitution-related crimes, in violation of Wisconsin Statutes,
including, but not limited to, § 944.30, Prostitution, § 944.31,
Patronizing Prostitutes, § 944.32, Soliciting Prostitutes,
§ 944.33 Pandering, or § 944.34 Keeping Place
of Prostitution, and Town of Grand Chute municipal ordinances adopting
the aforementioned state statutes.
[Amended 9-3-2013 by Ord.
No. 2013-16]
No hotel/motel shall operate in the Town without a license issued
to the owner/operator by the Town Board pursuant to this chapter.
Licenses shall be valid for one year, from July 1 through June 30
of the following year, and shall require renewal on an annual basis.
Any hotel or motel in operation without a valid license issued pursuant
to this chapter shall cease operations.
[Amended 9-3-2013 by Ord.
No. 2013-16]
A.
The annual license to operate a hotel/motel shall be applied for
to the Town Clerk by the owner/operator of each hotel/motel.
B.
Owner/operator seeking issuance or renewal of a license by July 1
shall submit their application by April 15 with the applicable license
fee, as identified in the Town's fee schedule.
C.
All owner/operators applying to the Town Clerk for a license to operate
a hotel/motel shall file with the Clerk a sworn application on forms
provided by the Town and containing information as follows:
(1)
Current Wisconsin Seller's license and federal ID number.
(2)
The name of the owner/operator, corporation, partnership, limited
liability company, if any, of the hotel/motel; the name and address
of its agent for service.
(3)
The name, address, and phone number of the manager/agent.
(4)
The trade name, address, and phone number of the hotel/motel, and
the emergency contact phone information for the hotel/motel.
(5)
Proof of liability insurance, including the carrier, policy number,
agent's name, address and phone number or a statement of self-insurance.
(6)
Proof of an annual license issued pursuant to § 254.64,
Wis. Stats., as well as an inspection report completed by an environmental
health specialist/sanitarian, certifying that the facility is in compliance
with Outagamie County public health requirements.
(8)
Any such other information as the Town Board requires.
D.
All applications will be reviewed by the Licensing Committee. Upon
review, applications will be forwarded to the Town Board with a recommendation
for approval or denial. The Town Board will receive the recommendation
to approve or deny the license and take action as appropriate at a
regular meeting of the Town Board.
[Amended 9-3-2013 by Ord.
No. 2013-16]
Every owner/operator of a hotel/motel shall report any change
in the information upon which the license has been granted, including
but not limited to any change in the manager/agent or, owner/operator
to the Town Clerk in writing within five business days after the change
has occurred. A change in the information on the application is subject
to review by the Licensing Committee and may be grounds for suspension
or revocation of the license to operate.
[Amended 9-3-2013 by Ord.
No. 2013-16]
The owner/operator of a hotel/motel shall display the license
to operate in an open and conspicuous place on the premises.
A.
Each license to operate issued pursuant to this chapter shall be
separate and distinct from all others and shall not be transferable
from the owner/operator to whom it was issued to any other owner/operator.
[Amended 9-3-2013 by Ord.
No. 2013-16]
B.
Whenever an owner/operator sells or transfers title to, or assigns
the lease of or subleases, a hotel/motel, the owner/operator shall
notify the Town Clerk in writing within five business days of such
transfer.
C.
When a change of operator occurs at an existing hotel/motel, the
new operator shall apply for a license to operate within 10 business
days of opening of escrow. If the prior operator's license to
operate the hotel/motel was denied or revoked, a provisional license
to operate may be issued with special conditions designated by the
Town Clerk.
[Amended 9-3-2013 by Ord.
No. 2013-16]
[Amended 9-3-2013 by Ord.
No. 2013-16]
A.
The Town Chairman, Town Clerk, or Chief of Police may file with the
Licensing Committee and Town Clerk a written complaint against any
owner/operator holding a license to operate a hotel/motel in the Town
of Grand Chute at any time that said license is in existence, seeking
suspension, revocation, or nonrenewal of the license.
B.
The complaint shall set forth the factual grounds for seeking suspension, revocation, or nonrenewal as such grounds are set forth in § 315-9 below. A copy of the complaint shall be served by certified mail, return receipt requested, or personal service, on the owner/operator at the owner/operator's address shown on the most recent application for license on file pursuant to this chapter.
C.
The owner/operator shall file, by mail or personal delivery, a written
response to the complaint with the Licensing Committee within 14 days
of receipt. Failure to file an answer shall render the allegations
in the complaint deemed true for purposes of imposition of penalties.
D.
The Licensing Committee shall make a written recommendation to the
Town Board. The Town Board shall make a decision regarding suspension,
revocation, or nonrenewal, and issue written notice of the decision
to the owner/operator.
[Amended 9-3-2013 by Ord.
No. 2013-16]
The license to operate a hotel/motel may be denied, suspended
from five to 30 days, revoked, or nonrenewed for any of the following
reasons:
A.
The owner/operator or manager/agent has multiple criminal misdemeanor
convictions that relate to the hotel/motel or has been convicted of
a felony that relates to the licensed activity. This subsection shall
not apply to corporations, limited liability companies, or partnerships,
but shall apply to all officers, directors of any such corporations
and members of any such limited liability companies, and partners
of any such partnerships.
B.
The owner/operator or manager/agent provides incomplete, false, or
misleading information on the application, or pursuant to background
checks and questions, if any, submitted on behalf of the Town to either
the owner/operator or the manager/agent.
C.
Delinquent taxes, assessment, and claims. No new license or license
renewal shall be issued under this chapter and any current license
may be suspended or revoked for any premises, owner/operator, manager/agent,
or person for which or for whom taxes, assessments, or other claims
due to the Town, Sanitary District, State of Wisconsin, Outagamie
County, or bank are delinquent and not paid. Included within the definition
of delinquent taxes, delinquent assessments, or other delinquent payments
due to the Town, Sanitary District, State of Wisconsin, Outagamie
County or bank shall be any delinquency (unpaid) for special assessments,
personal property taxes, real estate taxes, hotel/motel taxes, failure
to pay any adjudicated fines or penalties, failure to pay current
fees or moneys due to the Town, Sanitary District, State of Wisconsin,
Outagamie County or bank of any kind or nature, etc.
D.
The owner/operator, manager/agent, or hotel/motel property has an
unabated notice of violation of the Town of Grand Chute Municipal
Code in excess of 30 days.
E.
Such other relevant facts as the Licensing Committee may discover
or deem applicable or necessary in the course of the review of the
application of, or complaint against, the owner/operator, manager/agent,
or hotel/motel such as:
(1)
Incidence of drug-related CFS, or arrests;
(2)
Incidence of prostitution-related CFS, or arrests;
(3)
Incidence of multiple ordinance violations; and
(4)
Excessive number or nature of CFS (Appendix A).[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
F.
Noncompliance with federal or state law or Town of Grand Chute Municipal
Code.
G.
Good cause in the discretion of the Town Board showing that the operation
of the hotel/motel is such that has, is, or will negatively impact
the health, safety and/or welfare of its guests, the residents or
businesses of the surrounding community, or the Town due to any of
the foregoing factors listed above.
H.
In processing a revocation, suspension or nonrenewal, a representative
of the Licensing Committee shall prepare an investigative report that
details the circumstances that led to the recommendation for suspension,
revocation, or nonrenewal. It may include any or all of the foregoing
factors, or following factors that are applicable:
(1)
Frequency of violations, arrests, or CFS;
(2)
Seriousness of violations, arrests, or CFS in relation to the threat
or impact upon public health, safety or welfare;
(3)
History of the violations, arrests, or CFS;
(4)
Good-faith efforts taken by the responsible party to correct, reduce
and/or alleviate violations, arrests, or CFS;
(5)
Any activity, action or effort taken by the responsible party to
obstruct or interfere with correction of the problem;
(6)
The impact of the violations, arrests, or CFS on the surrounding
property and community;
(7)
The financial impact to the Town;
(8)
Factors shown on Appendix A.[2]
[2]
Editor's Note: Appendix A is included at the end of this chapter.
A.
If the license is denied, suspended, revoked, or nonrenewed by decision
of the Town Board, the Town Clerk shall provide the owner/operator
a letter stating the reasons for such denial, suspension, revocation,
or nonrenewal.
[Amended 9-3-2013 by Ord.
No. 2013-16]
B.
Any owner/operator may appeal the above Town Board decision by submitting
a letter requesting an appeal to the Town Clerk within 14 days of
receipt of the notice of decision. The letter should state in detail
the grounds for requesting reversal of the decision and shall be signed
by the owner/operator. The Clerk shall submit the letter and appeal
request to the Licensing Committee for further review.
C.
If the Licensing Committee recommends reversal of the decision, the
reversal recommendation shall be forwarded to the Town Board for consideration.
If the Licensing Committee recommends upholding the decision or the
Town Board rejects the Licensing Committee's recommendation for
reversal, the owner/operator may request a hearing before the Town
Board.
D.
The request for hearing before the Town Board shall be made in writing
to the Town Clerk within 14 days of notification of the Town Board's
final decision, and the hearing will be conducted before the Town
Board within 30 days of receipt of such request. Notice of the hearing
will be given to the owner/operator by certified mail sent to the
address of the owner/operator shown on the owner/operator application
for license.
[Amended 9-3-2013 by Ord.
No. 2013-16]
E.
The Town Board has ultimate authority to affirm or reverse its original
decision to deny, suspend, revoke, or nonrenew the license following
the hearing, and shall provide the reasons for such denial to the
owner/operator in writing by regular mail sent to the owner/operator's
address shown on the application within 10 days of the hearing.
[Amended 9-3-2013 by Ord.
No. 2013-16]
A.
Any revocation, suspension or nonrenewal of a license shall not take
effect for a period of 30 days following the first decision of the
Town Board, during which time any party aggrieved by this decision
may appeal to the Circuit Court for Outagamie County pursuant to procedures
set forth in Ch. 68, Wis. Stats.
[Amended 9-3-2013 by Ord.
No. 2013-16]
B.
Upon confirmation and final decision issued by the Town Board, the
Chief of Police or his/her designee shall post a copy or copies of
the notice of suspension, revocation, or nonrenewal of license to
operate at the hotel/motel, following expiration of the thirty-day
time limit set forth below if no appeal is taken under Ch. 68, Wis.
Stats.
[Amended 9-3-2013 by Ord.
No. 2013-16]
C.
The notice shall not be posted if an appeal is taken under Ch. 68,
Wis. Stats. until such appeal process has concluded. Suspension, revocation,
or nonrenewal shall be stayed pending a decision by the Circuit Court,
and may then be imposed by the Town Board in accordance with the Circuit
Court decision.
[Amended 9-3-2013 by Ord.
No. 2013-16]
A posted notice of revocation, suspension or nonrenewal of a
license to operate may be removed only by an authorized Town official.
Any removal, covering, defacing, altering or tampering by unauthorized
persons may be prosecuted as a misdemeanor under § 946.72(2),
Wis. Stats.
[Amended 9-3-2013 by Ord.
No. 2013-16]
Whenever a license to operate has been revoked or suspended
by the Town, the operator of the hotel/motel for which such license
was issued shall surrender such license to the Town Clerk, or his/her
designee, forthwith. The hotel/motel operation shall cease all operations
immediately following of the posting of the notice of revocation or
suspension of the license to operate.
A.
It is unlawful to operate a hotel/motel without a valid license to
operate or to fail to comply with any of the requirements established
by this chapter. Violations of this chapter shall be subject to enforcement
by any and all remedies listed in Grand Chute Municipal Code. Furthermore,
this chapter may be enforced by injunctive relief prosecuted through
the Circuit Court for Outagamie County in the event the hotel/motel
owner/operator fails to comply with directives to cease operations
issued by Town officials declaring the hotel/motel to be in violation
of this chapter.
[Amended 9-3-2013 by Ord.
No. 2013-16]
B.
In addition to the foregoing remedies, owner/operators shall be subject
to civil forfeitures of $1,000 per day for operating a hotel/motel
without a license, each day being a separate offense. The Town Board
may bring action in the name of the Town against the owner/operator
to reduce such forfeitures to a civil judgment for purposes of collection
from the owner/operator in addition to any other remedy available
at law or in equity.
[Amended 9-3-2013 by Ord.
No. 2013-16]
C.
The owner/operator may mitigate penalties authorized herein, and
may also mitigate and delay imposition of, or shorten the term of,
the suspension, revocation, or nonrenewal pursuant to such conditions
as recommended by the Town Police Department and approved by the Licensing
Committee for recommendation to the Town Board for final approval.
[Amended 9-3-2013 by Ord.
No. 2013-16]
A.
A license that is suspended shall not be reissued until the term
of suspension has expired, which shall be a minimum of five days and
a maximum of 30 days, unless the period of suspension is either delayed
or shortened by the Town Board due to voluntary mitigation action
by the owner/operator, and such mitigation action is approved by the
Town Board.
B.
A license to operate that is revoked shall not be reissued for a
period of one year from the date of such revocation, unless the period
of revocation is either delayed or shortened by the Town Board due
to voluntary mitigation action by the owner/operator, and such mitigation
action is approved by the Town Board.
C.
A license to operate that is nonrenewed shall not be reissued for
a period of one year from the date of such nonrenewal unless the period
of nonrenewal is either delayed or shortened by the Town Board due
to voluntary mitigation action by the owner/operator, and such mitigation
action is approved by the Town Board.
D.
If there is a transfer or sale of the hotel/motel or the real estate
on which the hotel/motel is operated, at the time the license is either
under suspension, revocation, or nonrenewal, the license may not be
reissued if the following apply:
(1)
The new owner/operator or manager/agent is related to the former
owner/operator by blood, adoption, or marriage, or common ownership
or control.
(2)
The new owner/operator or manager/agent held a business or financial
interest in the previous licensed hotel/motel business, real estate
at which the hotel/motel business is operated, or equipment utilized
by the hotel/motel business.
(3)
The former owner/operator retains a business or financial interest
in the hotel/motel business, or real estate at which the hotel/motel
business is operated or equipment used by the hotel/motel business.
(4)
The new owner/operator's acquisition of the hotel/motel business
did not involve an arm's-length transaction consisting of an
open-market sale in which the former owner/operator is willing but
not obligated to sell and the new owner/operator is willing, not obligated,
to buy.
It is declared to be the intention of the Town Board that the
sections, paragraphs, sentences, clauses and phrases of this chapter
are severable, and if any phrase, clause, sentence, paragraph or section
of this chapter shall be declared unconstitutional by the valid judgment
or decree of a court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this chapter.
