[Code 1993, § 12.02(1)]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Are interchangeable.
[Code 1993, § 12.02(2) — (14); Ord. No. 8-2004, 7-26-2004]
(a)
Required. No person shall engage in any business or activity enumerated in § 46-431 without a license for such business or activity as provided by this chapter.
(b)
Application. Application for a license required by this chapter shall
be made to the Clerk-Treasurer on a form furnished by the Village,
and shall contain such information as may be required by the provisions
of this chapter or as may be otherwise required by the Village Board.
(c)
Fees.
(1)
To accompany application; receipt. License fees imposed under § 46-431 shall accompany the license application. If a license is granted, the Clerk-Treasurer shall issue the applicant a receipt for his license fee.
(2)
Refunds. No fee paid shall be refunded unless the license is denied.
Denial of any license shall result in a refund of the license fee,
less a $25 service charge or the actual license fee, whichever is
less.
(d)
Issuance. Unless otherwise designated, licenses required by this
chapter shall be issued by the Village Clerk-Treasurer only with the
approval of the Village Board, or its designee. Any person denied
issuance of a license may appeal the denial through the appeal procedure
provide by ordinance or resolution of the Village Board or, if none
has been adopted, under the provisions of Wis. Stats § 68.001
et seq.
(e)
Terms. All licenses issued under this chapter shall expire on June
30 in the year of issuance unless issued for a shorter term, when
they shall expire at 12:00 midnight of the last effective day of the
license or unless otherwise provided by this chapter or law.
(f)
Form. All licenses issued under this chapter shall show the dates
of issue and expiration, and the activity licensed, and shall be signed
by the Clerk-Treasurer.
(g)
Records. The Clerk-Treasurer shall keep a record of all licenses
issued.
(h)
Display. All licenses issued under this chapter shall be displayed
upon the premises or vehicle for which the license was issued or,
if carried on the person, shall be displayed to any officer of the
Village, upon request.
(i)
Compliance required. Any person holding a license under this chapter
shall comply with all portions of this Code. Failure to do so shall
be cause for suspension or revocation of the license.
(j)
Transferability. All licenses issued under this chapter shall be
personal to the persons issued such licenses, and no license shall
be transferred without the consent of the Village Board.
(k)
Exemptions. No license shall be required under this chapter for any
nonprofit, educational, charitable, civic, military or religious organizations,
if the activity which would otherwise be licensed is conducted for
the benefit of the members of such organization or the public generally.
(l)
Inspections.
(1)
Consent. An applicant for a license under this chapter thereby consents
to the entry of police or authorized representatives of the Village
upon the licensed premises at all reasonable hours for the purposes
of inspection and search, and consents to removal from the premises
and introduction into evidence in prosecutions for violations of this
chapter all things found therein in violation of this chapter or law.
(2)
Reinspections. License fees cover the costs of an initial inspection
and one reinspection. Second and subsequent reinspections require
a reinspection fee as set by the Village Board.
(m)
Revocation and suspension.
(1)
Except as otherwise provided, any license issued under this chapter
may be revoked by the Village Board for cause. No license shall be
revoked, except upon written, verified complaint filed with the Village
Board by the president, a member of the Village Board, the Chief of
Police, chair of the License Committee or a resident of the Village.
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 not
be more than 20, nor less than five days after such notice, except
as otherwise agreed between the parties.
(2)
At such hearing, the licensee shall be entitled to be represented
by counsel, have the right to present and cross examine witnesses
and, upon request, have subpoenas issued by the president or presiding
officer of the Village Board to compel the attendance of witnesses.
(3)
After hearing the evidence, the Village Board may revoke such license
or impose a limited period of suspension. The determination of the
Village Board shall be final, subject to review under Wis. Stats.
Ch. 68, provided, the licensee shall not be entitled to a further
hearing unless granted by the Village Board.
(4)
The Police Department shall repossess any license revoked under this
Subsection (m).
(5)
If the licensee does not apply for a hearing within the time provided,
the license may be revoked by the Village Board.
[Code 1993, § 12.20)]
(a)
In addition to the revocation or suspension of any license or permit issued under the provisions of this chapter, any person found to be in violation of any provision of this chapter shall be subject to a forfeiture as provided in § 1-15, except that, if any person is found to be in violation of the provisions contained in § 6-13(r), the penalty shall be as follows:
(1)
First offense. Any person who shall violate the provisions of § 6-13(r) shall, upon conviction, forfeit not less than $250, nor more than $500, together with the cost of prosecution, and, in default of payment of such forfeiture and cost of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days.
(2)
Second offense. Any person found guilty of violating § 6-13(r), who has previously been convicted of a violation of the same subsection within one-year, shall, upon conviction, forfeit not less than $500, nor more than $1,000 for each such offense, together with the cost of prosecution, and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding six months.
