[HISTORY: Adopted by the Town Board of the Town of Pacific 9-18-2012 by Ord. No.
2012-33. Amendments noted where applicable.]
This chapter is entitled the "Town of Pacific General License
and Permit Ordinance."
A.
Terms interchangeable. The words "license" and "permit," as used
throughout this chapter, shall be interchangeable.
B.
License required. No person shall engage in any business or activity
for which a license issued by the Town is required without having
in effect a license by the Town covering that business or activity.
C.
Application. Application for a license shall be made to the Town
Clerk on a form furnished by the Town and shall contain such information
as may be required by the provisions of that form or as may be otherwise
required by the Town Board.
D.
License fees. License fees imposed shall accompany the license application.
The Town Clerk shall issue the applicant a receipt for his/her license
fee.
E.
Granting of licenses. Unless otherwise designated, licenses shall
be issued by the Town Clerk only with the approval of the Town Board.
F.
Form of license. All licenses issued by the Town shall show the dates
of issue and expiration and the activity licensed and shall be signed
by the Town Clerk.
G.
Records of licenses. The Town Clerk shall keep a record of all licenses
issued.
H.
Display of licenses. All licenses issued by the Town shall be displayed
upon the premises for which issued or, if carried on the person, shall
be displayed to any official of the Town upon request.
I.
Compliance with ordinances required. In addition to all other conditions
provided by law and under other applicable Town ordinances, it shall
be a condition of holding a license issued by the Town that the licensee
complies with all ordinances of the Town. Failure to do so shall be
cause for suspension, revocation or nonrenewal of the license.
J.
Transfer of licenses. All licenses issued by the Town shall be personal
to whom issued, and no license shall be transferred without the consent
of the Town Board.
K.
Renewal of licenses. All applications for renewal of licenses shall
be made to the Town Clerk.
L.
Consent to inspection. An applicant for a license or renewal of a
license under this chapter, by filing the application, thereby consents
to the entry of authorized representatives of the Town upon the licensee's
premises at all reasonable hours for the purposes of inspection.
A.
Payment of claims. The Town shall not issue or renew any license
to transact any business within the Town of Pacific for:
B.
Exemption. This section shall apply to all licenses by the Town except
dog licenses.
D.
Hearings. Prior to any denial of an application for renewal of a license, including denial pursuant to Subsection A, the applicant shall be given notice and opportunity for hearing as hereinafter provided.
(1)
With respect to the renewal of any license relating to the sale of
any alcohol beverages, notice and opportunity for hearing shall be
as provided by § 125.12, Wis. Stats., as amended from time
to time.
(2)
With respect to licenses other than those described in Subsection D(1) herein, the Town Board or its assignee shall notify the applicant in writing of the Town's intention not to renew the license and shall provide the applicant with an opportunity for a 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 Town Board. If the applicant shall fail to appear before the Board on the date indicated in 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 Town Board shall conduct a hearing with respect to that matter. At the hearing, both the Town 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 Town Board determines the applicant shall not be entitled to renewal pursuant to Subsection A, the application for renewal shall be denied.
E.
Appeals. Where an individual, business or corporation wishes to appeal
the Town Clerk's decision not to issue a license or permit under this
chapter, the applicant may file a request in writing with the Town
Clerk that the matter be referred to the Town Board. A public hearing
shall be scheduled within 14 calendar days by the Town Board. All
parties may be represented by counsel. The Board shall consider all
relevant information and shall render a decision, which shall be binding.
Licenses may be revoked and suspended as follows:
A.
Except as otherwise provided, any license issued by the Town may
be revoked or suspended for cause by the Town Board. Further, except
as otherwise provided under the Town's ordinances or under state law,
no license may be revoked or suspended except upon a written verified
complaint filed with the Town Clerk. The licensee shall be served
with a written copy of the complaint and shall be given an opportunity
to be heard before the Town Board. A summons signed by the Town Clerk
shall command the licensee complained of to appear on a day and place,
not less than three days nor more than 10 days from the date of issuance.
The summons and a copy of the complaint shall be served on the licensee
at least three days before the time at which the licensee is commanded
to appear. Service shall be in the manner provided for in Ch. 801,
Wis. Stats.
B.
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 Chair of the Town
Board to compel the attendance of witnesses.
C.
After hearing the evidence, the Town Board may revoke such license
or impose a limited period of suspension. The determination of the
Town Board shall be final, subject to review under Ch. 68, Wis. Stats.
D.
If the licensee does not apply for a hearing within the time provided,
the license may be revoked by the Town Board.
Any applicant for a license or permit who is denied renewal
of a license shall have the right to an administrative hearing on
the same pursuant to Ch. 68, Wis. Stats. Any applicant who is denied
renewal of an alcohol beverage license shall have the right to review
the denial pursuant to § 125.12, Wis. Stats.
The Town Clerk shall be charged with the administration of all
ordinances relating to licenses unless otherwise provided by the Town
Board.
The Town Board shall, by resolution or ordinance, adopt a schedule
of fees that shall apply to all licenses and permits issued by the
Town.
