[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 11-15-1999 (§§ 12.01, 12.02 and
12.20 of the 1988 Code); amended in its entirety 8-17-2020 by Ord. No. 20-33. Subsequent amendments noted where applicable.]
[Amended 6-26-2023 by Ord. No. 23-25]
A license shall be required for each of the following businesses
or activities and a license fee paid as set forth in the Village's
Fee Schedule, which shall be for one year unless otherwise indicated:
A.
Cigarette.
B.
Dog license.
C.
Escorts and escort services.
D.
Fermented malt beverages.
E.
Intoxicating liquors.
F.
Beer garden.
G.
Outdoor extension.
H.
Operators' license.
I.
Temporary operators' license.
J.
Mobile home parks.
K.
Peddlers, canvassers, solicitors and transient merchants.
L.
Secondhand article/jewelry dealer's licenses.
M.
Vehicle wrecker or towing service business.
N.
Commercial
quadricycle vehicle license.
[Added 10-11-2023 by Ord. No. 23-46]
O.
Commercial
quadricycle driver's license.
[Added 10-11-2023 by Ord. No. 23-46]
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 enumerated in § 214-1 without a license therefor as provided in this chapter.
C.
Application. Application for a license required by this chapter shall
be made to the Village Clerk 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.
D.
Fees and refunds.
(1)
With the exception of retail liquor licenses, license fees imposed
shall accompany the license application.
(2)
Refunds. With the exception of operators' licenses, fees paid shall
be refunded if the license is denied.
(3)
Automatic revocation. Notwithstanding the reason, failure to tender
the fee within 60 days of granting said license shall result in automatic
revocation.
E.
Tax delinquencies and claims.
(1)
Premises. No initial or renewal license or permit shall be granted
for operation on any premises upon which property taxes, personal
property taxes, assessments, special assessments, utility payments,
or invoices are delinquent or other financial claims of the Village
are unpaid.
(2)
Person or legal entity. No initial or renewal license or permit shall
be granted to any person or legal entity:
(3)
In accordance with § 66.0115, Wis. Stats., a dog license
issued under § 174.07, Wis. Stats., is exempt from this
provision.
G.
Issuance of license exceptions. License with Village Board approval
shall be issued by the Village Clerk, except the Village Clerk shall
issue the following licenses subject to the standards established
by this chapter without Village Board approval:
(1)
Cigarette license.
(2)
Escort and escort service licenses, upon approval of the Community
Development Department and the Chief of Police.
(3)
Peddlers, canvassers, solicitors and transient merchants, upon approval
of the Chief of Police.
(4)
Secondhand article dealer and/or secondhand jewelry dealer licenses,
upon approval of the Community Development Department and the Chief
of Police.
(5)
Operator license, upon approval of the Chief of Police.
(6)
Temporary Class "B" beer and wine (picnic) license, upon approval
of the Chief of Police.
(7)
Hotel/motel permit.
(8)
Block party permit, upon approval of the Chief of Police and the
Director of Public Works.
(9)
Commercial
quadricycle driver's license, upon approval of the Chief of Police.
[Added 10-11-2023 by Ord. No. 23-46]
H.
Terms of licenses. With the exception of cigarette licenses that
expire on June 30 of each calendar year, licenses shall expire as
established in each separate chapter.
I.
Form of license. All licenses issued hereunder shall show the dates
of issue and expiration and the activity licensed and shall be signed
by the Village Clerk.
J.
Record of licenses. The Village Clerk shall keep a record of all
licenses issued.
K.
Display of licenses. All licenses hereunder shall be displayed upon
the premises or vehicle for which issued or, if carried on the person,
shall be displayed to any officer of the Village upon request.
L.
Compliance with ordinances required. The licensee shall comply with
all ordinances of the Village as a condition of holding a license
under this chapter. Failure to comply shall be cause for suspension
or revocation of the license.
M.
Transfer of licenses. All licenses issued hereunder shall be personal
to whom issued, and no license shall be transferred without the consent
of the Village Board.
N.
Exemptions. No license other than a liquor or beer license shall
be required under this chapter for any nonprofit educational, charitable,
civic, military or religious organization if the activity which would
otherwise be licensed is conducted for the benefit of the members
or for the benefit of the public generally.
O.
Renewal of licenses. All applications for renewal of license hereunder
shall be made to the Village Clerk at least 30 days prior to the expiration
date of the license term.
P.
Consent to inspection. The licensee under this chapter hereby consents
to the entry of police or authorized representatives of the Village
upon the licensed premises at all reasonable hours for the purpose
of search or inspection, and consents to removal of evidence from
the licensed premises and introduced into evidence for prosecution
in violation of this chapter or state law.
Q.
No person or entity shall engage in the practice of massage therapy
or bodywork or perform massage therapy or bodywork for gain within
the Village of Pleasant Prairie unless such person has previously
been issued and holds a valid license under Chapter 460, Wis. Stats.,
as amended.
R.
Revocation and suspension of licenses.
(1)
Except as otherwise provided in § 125.12(2), Wis. Stats.,
any license issued under this chapter may be revoked for cause by
the Village Board. No license shall be revoked except upon a sworn
written complaint filed with the Village Clerk by the Village President,
a member of the Village Board, the Chief of Police, the Village Administrator
or a resident of the Village. A written unsworn complaint is insufficient.
Upon filing of a complaint, 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 not more than 20 days nor less than five days
after notice, except as otherwise agreed between the parties.
(2)
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 Village 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 Board shall be final, subject to review under Chapter 5 of the Code of the Village of Pleasant Prairie, provided that 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 hereunder.
(5)
If the licensee does not apply for a hearing within the time provided,
the license may be revoked by the Village Board.
(6)
The Village President or Village Board may suspend the license of
a licensee hereunder without hearing for not to exceed 10 days.
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by Chapter 1, § 1-4, of the Code of the Village of Pleasant Prairie.
