No person shall engage in any trade, profession, business or
privilege in the Town for which a license or permit is required by
any provision of this Code without first obtaining such license or
permit from the Town in the manner provided in this article, unless
otherwise specifically provided.
Unless otherwise provided, application for a license or permit
shall be made in writing to the Town Clerk upon forms provided by
the Town Clerk, and the applicant shall state the location of the
proposed activity and such other facts as may be required for or be
applicable to the granting of such license or permit.
The fees for any license or permit shall be paid at the office
of the Town Clerk with the application for such license or permit,
except that alcohol beverage license fees shall be paid not less than
15 days prior to the issuance of the license.
Licenses and permits shall show the name of the licensee or
permittee, the date of issue, the activity licensed and the term of
the license or permit, and shall be signed in the name of the Town
by the Town Clerk. The Clerk shall keep a record of all licenses and
permits issued.
Every licensee or permittee shall carry his or her license or
permit upon his or her person at all times when engaged in the activity
for which the license or permit was granted, except that where such
activity is conducted at a fixed place or establishment, the license
or permit shall be exhibited at all times in some conspicuous place
in his or her place of business. The licensee or permittee shall exhibit
the license or permit when applying for a renewal and upon demand
of any police officer or person representing the issuing authority.
Unless otherwise provided, no license or permit shall be transferable
or assignable.
Unless otherwise provided, license or permit renewals shall
be issued in the same manner and be subject to the same conditions
as the original license or permit.
Except as otherwise specifically provided, any license or permit
granted under this article may be suspended or revoked by the Town
Board for cause after giving the licensee or permittee an opportunity
to be heard, as provided by law. Cause may include the following:
A. Fraud, misrepresentation or incorrect statement contained in the
application or made in carrying on the licensed or permitted activity.
B. Conviction of any crime or misdemeanor, subject to § 111.32(5)(a)
and (h), Wis. Stats.
C. Conducting such activity in such manner as to constitute a breach
of the peace or a menace to the health, safety or welfare of the public,
or a disturbance of the peace or comfort of residents of the Town
upon recommendation of the appropriate Town official.
D. Expiration or cancellation of any required bond or insurance.
E. Actions unauthorized or beyond the scope of the license or permit
granted.
F. Violation of any regulation or provision of this Code applicable
to the activity for which the license or permit has been granted,
or any regulation or law of the state so applicable.
G. Failure to continuously comply with all conditions required as precedent
to the approval of the license or permit.
[Added 7-9-2019 by Ord.
No. 2018-06]
A. Delinquency. As a condition of obtaining or renewing a license, all
local taxes, assessments, special charges, or other fees, including
but not limited to municipal forfeitures from a violation of any Town
ordinance, shall be paid on a current basis. Any such local claims
that remain unpaid within a time limit set by the Town or a court,
as the case may be, place the licensee in a state of delinquency.
B. New applicants. New applicants for municipal licenses who are in
a current state of delinquency on any local claim will be denied a
license.
C. Notice requirements for renewal applications. Prior to any denial
of an application for renewal of a license, the applicant shall be
given notice and opportunity for a hearing as hereinafter provided.
Upon complaint by any person, or at Board discretion, and following
Board review and approval, written notice shall be given to the licensee
of the complaint basis, and the date and time the Board will hear
the matter. For nonalcohol licenses where no statutory procedure is
set, service may be by first-class mail to the licensee's last known
address, or personal service, at the Chairperson's option. For alcohol
licenses, § 125.12, Wis. Stats., or its successor, will
be followed for the provision of notice and the hearing. At present,
the statute requires personal service of the hearing notice (summons)
and complaint, and a hearing within three to 10 days thereafter. The
Clerk will keep a record of service. The Town Clerk shall also see
that the hearing notice is properly posted or published, in compliance
with the state Open Meetings Law.
D. Hearing procedure. If the renewal applicant shall fail to appear
before the Board on the date indicated in 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 the reasons
for nonrenewal exist, the Board shall conduct a hearing with respect
to the matter. At the hearing, both the Town and the applicant may
produce witnesses, cross-examine witnesses and be represented by counsel.
If the Town Board determines the applicant shall not be entitled to
renewal, the application shall be denied. The applicant shall, upon
request, be provided a written transcript of the hearing at the applicant's
expense.
E. Severability. In the event any portion of this article is or becomes
invalid or illegal, the remaining portions shall remain in full force
and effect.
F. Effect. This article shall take effect following passage and posting
in three public places within the Town.