[Adopted 3-1-1993 by Ord.
No. 2-93 (§§ 19.001 and 19.19 of
the 1993 Municipal Code)]
Unless otherwise specifically provided, licenses and permits required for the carrying on of a business or trade or other activity set forth in this chapter and in Chapters 167; 208; 254; 274; 323, Article I; 345, Article XI; and 352 of this Code shall be applied for, issued, suspended, revoked or not renewed according to the provisions of this section if not specifically outlined elsewhere.
A.
License or permit required. Any person that performs any activities
set forth in this chapter and the chapters and articles enumerated
above shall first obtain the appropriate license or permit approved
by the City Council and issued by the City Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Application for license or permit. Every application for a license
or permit shall be made upon proper forms furnished by the City Clerk,
verified by the applicant, and shall contain all information requested
on said application including, but not limited to, the complete name
and address of the applicant, the purposes for which said license
or permit is being applied for, the place where the activity being
applied for will be conducted and term for which the applicant proposes
to carry on the activity being licensed. Any other information being
requested on the application must be provided. In addition, the license
or permit fee must be paid at the time the application is being submitted
to the City Clerk for consideration by the City Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Issuance of license or permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
All applications for licenses and permits shall be received by the
City Clerk and submitted to the Finance Committee for review and recommendation.
The Finance Committee shall review all applications and recommend
to City Council at its next regularly scheduled meeting the approval
or denial of said license or permit application.
(a)
In determining whether to approve or deny an application, the
Finance Committee will use the following conditions for special consideration
before making their determination:
[1]
Any violations, conviction or pending charges within the last
12 months which related to the license or permit being requested.
[2]
Any incomplete, misleading or falsified information on the application
when the information provided by the applicant pertains to either
the identification of the applicant or if the matter affects licensing
or permit information.
[3]
Any outstanding fines, forfeitures, penalties, overdue assessments
and/or user fees owed to the City.
(b)
The City Council shall then approve or deny the application
for a license or permit and, if approved, the license or permit shall
be issued by the City Clerk. Said license or permit shall state the
date thereof, the date that said license or permit shall be in force,
the name of the person or organizations to whom the license or permit
is issued, the place of residence of said person, group or organization,
the address or place of business at which said activity is to be conducted,
the particular type of license or permit granted and the amount of
the license or permit fee paid. The City Clerk shall keep all such
applications on file and also keep on file a copy of all licenses
and permits issued.
(2)
If at any time more than one application is received when only a
single license is available the Finance Committee shall consider the
applications in the order they were received. The City Clerk shall
date the applications as they are submitted and inform the Committee
of the correct order.
D.
License or fee. The license or permit fee for any activity permitted
under this chapter shall be such fee as set by the City Council. Payment
of the required application fee shall not eliminate the need to apply
for and be granted the appropriate license or permit nor the need
to pay the appropriate fee prior to engaging in or conducting the
requested activity or business.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
When license or permit terminates. Every license or permit, no matter
when granted or issued, shall terminate or expire on June 30 of each
year unless specifically provided for otherwise in any subsection
of this chapter.
F.
Exemptions from licenses or permits.
(1)
All lectures, addresses, and musical or other entertainments and
all advertisements thereof in and for the benefit of the local churches,
schools, education and religious institutions and benevolent and fraternal
associations, and literary, theatrical, musical and other entertainments
and performances by local schools, educational and religious institutions,
benevolent and fraternal associations are exempted from the provisions
of this chapter.[1]
G.
Suspension, revocation, refusal to renew or issue.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Any license or permit granted or issued under the provisions of this
chapter or any other chapter of the Code may be suspended or revoked
by the Council for the violation of any provision of this chapter
or regulation of this City relating to such particular trade, occupation
or business; for the violation by the licensee or permittee, his or
her agent, employee for him or her of any law of the United States
or of the State of Wisconsin relating to the particular trade, occupation
or business or license; and for false or incorrect information on
the application for said license or permit.
(2)
Notice or summons. Any resident of this City or the Chief of Police or any other member of the Police Department may file a sworn written complaint with the City Clerk alleging that a person holding a license or permit issued under this chapter has violated this chapter or any other provisions set forth in § 265-1G(1) above. Upon the filing of the complaint, the City Clerk shall issue a notice or summons signed by the City Clerk commanding the license or permit holder complained of to appear before the License Committee to show cause why his or her license or permit should not be suspended or revoked for reasons set forth in the complaint or other reasons. A copy of the complaint shall be attached to the notice or summons. The notice or summons shall state the time and place when and where the complaint will be heard before the License Committee. The notice or summons shall be served personally upon the alleged violator at least five days before the date of hearing or by leaving such notice or summons and copy of the complaint at the alleged violator's place of residence or place of business described under the license or permit with the alleged violator's agent, employee or any other person in charge of the place of business at least 10 days before the day of the hearing.
(3)
Procedure on hearing.
(a)
At the time and place so named in said notice or summons the
alleged violator may appear in person and admit or deny the allegations
of the complaint. If the license or permit holder denies the allegations
of the complaint, both the complainant and license or permit holder
may produce witnesses, cross-examine witnesses, and be represented
by counsel. The hearing shall be tape recorded or transcribed. The
license or permit holder shall be provided a written transcript of
the hearing upon request at his or her expense. On motion of either
party, the License Committee, in its discretion, may adjourn the hearing
from time to time. At the conclusion of said hearing, the License
Committee shall make its findings as to the allegations contained
in the complaint and make a recommendation as to what, if any, suspension
or revocation should be imposed on the license or permit.
(b)
If the license or permit holder does not appear at the hearing
as required by the notice or summons, the allegations of the complaint
shall be taken as true and the License Committee shall then make its
recommendation as to what, if any, suspension or revocation should
be imposed on the license or permit.
(c)
The License Committee shall make its recommendation at the next
regularly scheduled City Council meeting or at any special City Council
meeting if called. Said recommendation shall indicate what action,
if any, the City Council should take with respect to the license or
permit. Either the complainant or the license or permit holder may
file an objection to the recommendation of the License Committee and
shall have the opportunity to present arguments supporting the objection
to the City Council. After considering the recommendation of the License
Committee and arguments presented by the complainant or the licensee
or permittee, the City Council shall decide what action, including
suspension or revocation, it should take with regard to the license
or permit.
(4)
Effect of suspension or revocation.
(a)
When a license or permit is suspended by the City Council, the
suspension shall state the dates for which said suspension will take
place, including the starting and ending date, and to also state any
other conditions of said suspension. During said period of suspension
the license or permit holder is prohibited from engaging in the activity
or business permitted under the license or permit and any violation
of said suspension may result in immediate revocation of said license
or permit.
(b)
If said license or permit is revoked by the City Council, said
revocation shall take place immediately and no portion of any license
or permit fee shall be refunded. The City Clerk shall give written
notice of the suspension or revocation to the person whose license
or permit is suspended or revoked. Any license or permit revoked under
this chapter shall be recorded by the City Clerk, and no other license
or permit issued under this chapter may be granted within 12 months
of the date of revocation to the person whose license was revoked.
(5)
Refusal to renew license or permit.
(a)
The City Council may refuse to renew a license or permit issued to any person, business or organization under this chapter for the reasons set forth in § 265-1G(1). Prior to the time of the renewal of the license or permit, the License Committee or the City Council, through the City Clerk, shall notify the licensee or permittee in writing of the City Council's intention not to renew the license or permit and further provide the licensee or permittee the opportunity for a hearing.
(6)
Refusal to issue license or permit. If the City Council decides not
to issue any new license or permit applied for under this chapter,
the City Council through the City Clerk shall notify the applicant
for the license or permit of the decision not to issue the license
or permit. The notice shall be in writing and state the reason for
the decision.
H.
Special issuance of license or permit. Whenever it appears by the
application for a license or permit required under this chapter that
the applicant would be entitled to such license or permit and that
there is a need for said license or permit to be issued before consideration
by the License Committee and/or approval by the City Council at its
next regularly scheduled meeting, then the Mayor may, except when
it is otherwise specifically provided, by an order signed by him,
direct the City Clerk to issue such license or permit to be effective
only until the application can be reviewed by the License Committee
and voted on by the City Council. If the City Council shall deny the
license or permit, the applicant shall immediately cease operation
under said license or permit. The City Council may modify or impose
any other conditions on said license or permit as is appropriate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
I.
"Person" and "owner" defined. A "person" or "owner" can mean any
natural person, sole proprietorship, partnership, corporation or association
or any other entity, whether a person or business, applying for a
license or permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Any person violating any of the provisions of this article or other
parts of this chapter shall forfeit not less than $25 nor more than
$500, together with the costs of prosecution, and corresponding penalty
assessments and court costs, other appropriate costs as established
by statute or ordinance, unless a different penalty is specifically
outlined in a particular subsection and, in default of payment of
such forfeiture and costs, may be imprisoned in the Rock County Jail
until such forfeiture and costs have been paid, not to exceed 30 days,
and may have their license to operate a motor vehicle in the State
of Wisconsin suspended for a period of time up to five years or until
such forfeiture is paid.
B.
In addition to the penalties outlined above, violation of any of the provisions under any license or permit granted under this chapter or violation of any conditions imposed upon said license or permit issued under this chapter shall give to the City Council the authority to suspend, revoke, refuse to issue or refuse to renew any license or permit issued under this chapter. Proceedings to suspend, revoke, refuse to issue or refuse to renew any license or permit shall be as set forth in § 265-1G, except that those licenses or permits granted under Chapter 167, Alcohol Beverages, of the Code, shall be subject to procedures outlined in § 125.12, Wis. Stats., or any amendments thereto.
C.
Any violation of any license or permit granted under this chapter
by a duly authorized agent or employee of the license or permit holder
shall constitute a violation by the licensee or permit holder.
