Applications for all licenses and permits required by this code
shall be made in writing to the town clerk-treasurer, unless otherwise
specifically provided by law. Each application shall state the name
of the applicant, the permit or license desired, the location to be
used, if any, the time covered and the fee to be paid; and each application
shall contain such additional information as may be required by the
issuing official.
(2003 Code)
Whenever in this code a license is required for the maintenance,
operation or conduct of any business or establishment or for doing
business or engaging in any activity or occupation, any person or
corporation shall be subject to the requirement if by him or herself
or through an agent, employee or partner, he or she holds him or herself
forth as being engaged in the business or occupation; or solicits
patronage therefor, actively or passively; or performs or attempts
to perform any part of such business or occupation in the town.
(2003 Code)
Forms for all licenses and permits, and applications therefor,
shall be prepared and kept on file by the town clerk-treasurer.
(2003 Code)
Each license or permit issued shall bear the signatures of the
mayor and the town clerk-treasurer in absence of any provision to
the contrary.
(2003 Code)
Upon the receipt of an application for a license or permit where
laws of the town necessitate an inspection or investigation before
the issuance of such permit or license, the town clerk-treasurer shall
refer such application to the proper officer for making such investigation
within 48 hours of the time of such receipt. The officer charged with
the duty of making the investigation or inspection shall make a report
thereon, favorable or otherwise, within 10 days after receiving the
application or a copy thereof. For the protection of health, the building
inspector shall make or cause to be made any such inspections relative
to the construction of buildings or other structures. All other investigations,
except where otherwise provided, shall be made by the chief of police
or by some other officer designated by the mayor.
(2003 Code)
All annual licenses shall terminate on April 1st of each year
where no provision to the contrary is made.
(2003 Code)
No license shall be issued for the conduct of any business and
no permit shall be issued for any thing or act if the premises and
building to be used for the purpose do not fully comply with the requirements
of the town.
(2003 Code)
In the absence of any provision to the contrary, the location
of any licensed business or occupation or of any permitted act may
be changed, provided 10 days' notice thereof is given to the town
clerk-treasurer; provided, the building requirements of this code
are complied with.
(2003 Code)
No business, licensed or not, shall be conducted or operated
as to amount to a nuisance in fact.
(2003 Code)
It shall be the duty of any person conducting a licensed business
in the town to keep his or her license posted in a prominent place
on the premises used for such business at all times.
(2003 Code)
Any license or permit, for a limited time, may be revoked by
the mayor and town council during the life of such license or permit
for the violation by the licensee or permittee of any provision relating
to the license or permit, the subject of the license or permit, or
the premises occupied; such revocation may be in addition to any fine
imposed. The mayor and the town council shall be authorized to summarily
order the cessation of business, the closing of the premises, and
the suspension of any business license or permit for a period not
to exceed 15 days.
A. Hearing:
Within 10 days after the town officials have so acted, the mayor shall
call a hearing for the purpose of determining whether or not the license
or permit should be revoked.
B. Notice
of Hearing: Notice of hearing for revocation of a license or permit
shall be given in writing setting forth specifically the grounds of
the complaint and the time and place of hearing. Such notice shall
be sent to the licensee or permittee by certified mail at his or her
last known address or personally served at least five days prior to
the date of the hearing.
C. Hearing
Procedures: At the hearing, the licensee or permittee shall be permitted
counsel and shall have the right to submit evidence and cross-examine
witnesses. The mayor shall preside and shall render the decision and
recommendation.
D. Causes for Revocation: Business licenses and permits issued under the ordinances of the town, unless otherwise provided, may be revoked by the mayor and town council after notice and hearing as provided in subsections
B and
C of this section for any of the following causes:
1. Any
fraud, misrepresentation or false statement contained in the application
for the license or permit;
2. Any
violation by the licensee or permittee of ordinance provisions or
state law relating to the license or permit, the subject matter of
the license or permit, or the premises occupied;
3. Conviction
of the licensee or permittee of any felony or of a misdemeanor involving
moral turpitude;
4. Failure
of the licensee or permittee to pay any fine or penalty owing to the
town;
5. Refusal
to permit an inspection or investigation or any interference with
a duly authorized town officer or employee while in the performance
of his or her duties in making such inspections, as provided in the
town code.
(2003 Code)