As a condition of maintaining and keeping a license in this
Town, any licensee must continue in business. Issuance or retention
of a license by a party not doing business is hereby declared to be
against public policy and lacking in usefulness.
As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS CONTINUATION
Business to be conducted at a place of business with the
public for a period of 150 or more days in each calendar year.
OPEN
Conducting business publicly at least six hours per calendar
day.
There shall be no refund of any license fee paid to a party
whose license is revoked.
In lieu of a hearing, the Town Board may accept surrender of
the license, and the Board shall then determine the time period before
another application for the same type of license will be accepted
from the former licensee.
Evidence and testimony at the hearing shall be done in open
session. Pursuant to § 19.85(1)(a), Wis. Stats., the Board
may go into closed session to deliberate with regard to its decision,
where that possibility has been listed on the hearing notice posted
or published. The Clerk shall see that the hearing notice is posted
or published, in format acceptable to the Chairperson.
When a tenant has not done business in the licensed premises
for at least 30 consecutive days, voluntarily vacated the premises
more than 30 days before the Board decision, or was court-ordered
out of the premises with vacation to be at least 30 days before the
Board's decision, grounds for suspension or revocation exist. Testimony
of any party, eviction notice, court documentation or other valid
evidence of such actions may be presented. The Board may issue a summons
and set up the hearing date prior to the expiration of the thirty-day
period and may make its decision effective on a later date, in its
discretion.
Unless no disciplinary action, including reprimand or probation,
is ordered by the Board, the license holder shall reimburse the Town
for costs of personal service, mailing, fax costs, copies and any
per diem paid for a Town officer to attend the hearing or other meeting
due to a license violation. The fees shall earn 5% interest if unpaid
within 30 days. Payment shall be required before any future license
is issued or reinstated to the license holder.
Temporary licenses for isolated events are exempt from this
chapter.