It shall be a condition of maintaining and keeping a license in the Town of Brooklyn that the licensee continue in business. Issuance of, or retention of, a license by a party not doing business is here declared to be against public policy and lacking in usefulness.
[HISTORY: Adopted by the Town Board of the Town of Brooklyn as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-1993 by Ord. No. 93-04]
As used in this article, the following terms shall have the meaning indicated:
A licensee shall be open to conduct business publicly at least one calendar week in at least six months of each year.
In the event of fire, flood, tornado or other natural event or "act of God" causing the temporary discontinuation of a business operation, the licensee must, within one year of the event, rebuild, find a new location to recommence business, or show plans with expectancy for rebuilding commencing no later than 18 months after said event, with firm intent of completion within one year, and keep the Town Board fully advised of his plans.
A.
Any action under this article shall follow notice to the licensee prior to a hearing. Both the hearing notice, which will include the reason for the hearing, and the decision of the Board will be sent by first class mail to the last known address of the licensee or personally served, at the option of the Town Chairperson.
B.
In the event action is taken against an alcohol licensee, the state procedure mandated under present § 125.12, Wis. Stats., or its successor, will be followed. At present, said procedure requires personal service of the hearing notice (summons) and complaint and a hearing within three to 10 days thereafter.
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 testimonial of 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.
In the event any portion of this article is or becomes invalid or illegal, the remaining portions shall remain in full force and effect.