[HISTORY: Adopted by the Village Board of the Village of
Sullivan 8-22-2006 (Title 7, Ch.
16, of the 2006 Code of Ordinances). Amendments noted where applicable.]
Applicability. This chapter shall apply to licenses issued pursuant to the provisions of Chapters 138, 145, 159, 201, 236, 257, 320, 341, 367, 404, 411 and 418 of this Code.
Denial of renewal. An application for renewal of a license subject to this chapter shall be denied pursuant to the provisions of Subsection A only following notice and opportunity for hearing as provided by Subsection D below.
Hearing. Prior to any denial of an application for renewal of a license, including denials pursuant to Subsection A, the applicant shall be given notice and opportunity for a hearing as hereinafter provided:
With respect to licenses renewable under Chapter 138, Alcoholic Beverages, of this Code, notice and opportunity for hearing shall be as provided by § 125.12, Wis. Stats., as amended from time to time.
With respect to licenses other than those described in Subsection D(1) herein, the Village Board or its assignee shall notify the applicant in writing of the Village's intention not to renew the license and shall provide the applicant with an opportunity for hearing. The notice shall state the reasons for the intended action and shall establish a date, not less than three days nor more than 10 days after the date of the notice on which the applicant shall appear before the Village Board. If the applicant shall fail to appear before the Board on the date indicated on the notice, the Board shall deny the application for renewal. If the applicant appears before the Board on the date indicated in the notice and denies that the reasons for nonrenewal exist, the Village Board shall conduct a hearing with respect to the matter. At the hearing, both the Village and the applicant may produce witnesses, cross-examine witnesses and be represented by counsel. The applicant shall, upon request, be provided a written transcript of the hearing at the applicant's expense. If the Village Board determines the applicant shall not be entitled to renewal pursuant to Subsection A, the application for renewal shall be denied.
Other grounds for hearing. Where an individual, business or corporation wishes to appeal the Village Clerk-Treasurer's decision not to issue a license or permit under this chapter on grounds other than those specified in Subsections A through D above, the applicant may file a request in writing with the Village Clerk-Treasurer that the matter be referred to the Village Board. A public hearing shall be scheduled within 14 calendar days by the Village Board. All parties may be represented by counsel. The Board shall consider all relevant information and shall render a decision which shall be binding.
Application. Applications for licenses under this chapter shall be
made to the Village Clerk-Treasurer on a form furnished by the Village.
Such application shall contain such information as may be required
by the provisions of this chapter or as may be otherwise required
by the Village Board.
Payment of license fee. License fees imposed under this chapter shall
accompany the license application. If a license is granted, the Village
Clerk-Treasurer shall issue the applicant a receipt for his/her license
fee.
Terms of licenses. All licenses issued hereunder shall expire on
June 30 next succeeding the date of issuance, unless issued for a
shorter term, when they shall expire on midnight of the last effective
day of the license, or unless otherwise provided by the Village Code
or state laws.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Form of license. All licenses issued hereunder shall show the date
of issue, the activity licensed, and the term of the license, and
shall be signed by the Village Clerk-Treasurer and be impressed with
the Village Seal, if any.
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.
Compliance with ordinances required. It shall be a condition of holding
a license under this chapter that the licensee comply with all ordinances
of the Village. Failure to do so shall be cause for revocation of
the license.
Transfer of licenses. All licenses issued hereunder shall be personal
to whom issued and shall not be transferred except with the consent
of the Board.
Consent to inspection. An applicant for a license under this chapter
thereby consents to the entry of police or authorized representatives
of the Village upon 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 state law.
Purpose. This section is adopted for the purpose of providing the
Village of Sullivan and law enforcement agencies serving the Village
of Sullivan with the authority to request criminal history record
information from the State of Wisconsin or the federal government
when required by ordinance or if requested by the Village Clerk-Treasurer
or a Village department head.
State requirements. The Village of Sullivan is a municipal corporation
which provides government services to its citizens and the general
public, and in order to efficiently provide services it is necessary
to conduct criminal history record searches concerning certain persons.
This section is enacted in order to comply with any applicable State
of Wisconsin requirement that a municipality that requests that the
state provide them with criminal history record information concerning
an individual under certain circumstances have an ordinance, resolution
or department policy enacted authorizing such requests.
Authority. If required by ordinance or if requested by the Village
Clerk-Treasurer or a Village department head, law enforcement agencies
serving the Village of Sullivan shall conduct a criminal history records
information search concerning the following persons:
Any other person for whom a department head or the Village Clerk-Treasurer
requests criminal history information due to interaction with municipal
services. A request under this subsection must be based on a reasonable
belief that the criminal history information is necessary to assist
in the safe and efficient operation of local government and/or to
safeguard the public health and safety.
Fees. The cost of the criminal history record information search
shall be paid as provided by ordinance, or if not specifically specified
in an ordinance, as directed by the Village Clerk-Treasurer.