Village of Bellevue, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Bellevue Board 4-15-1998 as §§ 12.01, 12.02 and 12.10 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Adult establishments — See Ch. 156.
Alcohol beverages — See Ch. 165.
Direct sellers — See Ch. 220.
Escorts — See Ch. 230.
Mobile homes and mobile home parks — See Ch. 310.
Salvage yards — See Ch. 362
Tattoo establishments — See Ch. 416.
Unless otherwise indicated, fees for licenses issued under this Code shall be as listed on the schedule of fees in the office of the Village Clerk-Treasurer.
[Amended 4-24-2002]
A. 
Licenses or permits required. No person shall engage in any trade, profession, business or privilege in the Village for which a license or permit is required by any provision of this Code without first obtaining such license or permit from the Village.
B. 
Application. Application for a license or permit shall be made, in writing, to the Village Clerk-Treasurer upon forms provided by the Village, and the applicant shall state the location of the proposed activity and such other facts as may be required for or be applicable to the granting of such a license or permit.
C. 
Payment of fee. The fees required for any license or permit shall be paid at the office of the Village Clerk-Treasurer before the granting of the license or permit. No fee paid shall be refunded unless the license or permit is denied. Processing fees are not refundable.
D. 
Bond and insurance. All required bonds shall be executed by two sureties or a surety company and be subject to the approval of the Village Board. Where policies of insurance are required, such policies shall be approved as to substance and form by the Village Attorney. Satisfactory evidence of coverage by bond or insurance shall be filed with the Village before the license or permit is issued.
E. 
Approval or denial of licenses.
[Amended 7-10-2002]
(1) 
Where approval of any Village or state officer is required prior to issuance of any license or permit, such approval shall be presented to the Village before any license or permit is issued.
(2) 
The Village may withhold approval of any license or permit which may be issued under Chapter 156, Adult Entertainment, Chapter 165, Alcohol Beverages, Article I, Licenses, Chapter 362, Salvage Yards, and Chapter 416, Tattoo Establishments, of this Code if the applicant or proposed licensee has delinquent real estate taxes, personal property taxes, special assessments, fines, forfeitures or other fees.
F. 
Certificate. License or permit certificates shall show the name of the licensee or permittee, date of issue, activity licensed and term of the license or permit and shall be signed in the name of the Village by the President and Village Clerk-Treasurer and be impressed with the Village Seal. The Clerk-Treasurer shall keep a record of all licenses and permits issued.
G. 
Terms.
(1) 
Unless otherwise provided, the license year shall end on June 30 of each year.
(2) 
Where the issuance of licenses for a period of less than one year is permitted, the effective date of such license shall commence with the date of issuance.
(3) 
Permits shall be issued for the term set forth in the permit.
H. 
Exhibition of certificate. Every licensee or permittee shall carry his license or permit certificate upon his person at all times when engaged in the activity for which the license or permit was granted, except that where such activity is conducted at a fixed place or establishment, the license or permit certificate shall be exhibited at all times in some conspicuous place in his place of business. The licensee or permittee shall exhibit the license or permit certificate when applying for a renewal and upon demand of any law enforcement officer or person representing the issuing authority.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I. 
Transfer. Unless otherwise provided, no license or permit shall be transferable or assignable.
J. 
Determinations of the Village Board. All determinations made by the Village Board shall be subject to the provisions of Ch. 68, Wis. Stats.
K. 
Inspection. Village officials may enter upon the premises where any licensed or permitted activity is being conducted for the purpose of inspection at any reasonable time.
L. 
Revocation and suspension of licenses. Except as otherwise provided, any license issued under this chapter may be revoked or suspended for cause by the Village Board utilizing the following procedure:
(1) 
No license shall be revoked or suspended except after receipt of a written complaint which alleges that the licensee has violated, or has permitted others to violate, one or more conditions of said license. Such complaint may be filed with the Village Clerk-Treasurer by any member of the Village Board, any officer of the Village, or any party aggrieved by the alleged actions of the licensee.
(2) 
Upon receipt of such complaint, the Village Board shall cause an appropriate officer of the Village to conduct an investigation to determine the validity of the complaint. The investigating officer shall file a report of his findings with the Village Clerk-Treasurer within 30 days from being assigned the investigation, unless the Village Board specifically provides for a longer investigation period.
(3) 
Upon review of the investigating officer's report, the Village Board shall determine if the complaint constitutes sufficient grounds for revocation or suspension of the license. If so, the Village Board shall prepare a list of charges. The licensee shall be served with a written copy of the charges and shall be given an opportunity to be heard before the Village Board. The licensee shall be given notice of such hearing, which shall be held not more than 20 days nor less than five days after notice, unless otherwise agreed between the parties.
(4) 
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 President or presiding officer of the Board to compel the attendance of witnesses. The licensee shall be responsible for his or her own legal expenses, expenses of witnesses called to testify by licensee, and any other expenses as may be incurred by licensee in preparation for or appearance at the hearing.
(5) 
After hearing the evidence, the Board may act to dismiss the charges, revoke the license or impose a limited period of suspension. The determination of the Board shall be final subject to review under Ch. 68, Wis. Stats.
(6) 
The holder of any license suspended or revoked shall immediately surrender said license to the Clerk-Treasurer.
Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any license issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-4 of the Code of the Village of Bellevue.