[HISTORY: Adopted by the Village Board of the Village of Black Earth 5-1-1990 by Ord. No. 90-O-7 as §§ 10.07 and 10.08 of the 1990 Code. Amendments noted where applicable.]
[Amended 3-1-2016 by Ord. No. 07-01-2015; 3-1-2016 by Ord. No. 07-02-2015]
No person shall engage in any business or activity enumerated in the following chapters without a license or permit therefor as herein provided: Chapter 100, Article I, Dog Licenses and Tags; § 100-8, Beekeeping; § 100-9, Keeping of chickens; Chapter 107, Bicycles; Chapter 125, Cigarettes; Chapter 151, Fireworks; Chapter 167, Intoxicating Liquor and Fermented Malt Beverages; and Chapter 243, Transient Merchants. The words "license" and "permit" as used in this chapter shall be interchangeable.
Application for a license 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.
License and investigation fees, if any, shall accompany the license application. If a license is granted, the Village Clerk-Treasurer shall issue a receipt for the fee. If the license is denied, the license fee shall be returned to the applicant less $5 for administrative expenses.
Proration or refund of license fee. No initial license fee shall be prorated unless required by state law or Village ordinance, and no fee paid shall be refunded unless the license is denied.
Schedule of fees. The Village Board shall from time to time by motion or resolution adopt a schedule of fees for licenses and permits required by the provisions of this chapter. Until changed by such action of the Village Board, the fee schedule for licenses and permits required by the provisions of this chapter shall be set forth in ordinances previously adopted by the Village Board.
[Amended 2-4-1992 by Ord. No. 92-O-1]
The Village Clerk-Treasurer may issue the following licenses subject to the standards established by this chapter without prior approval of the Village Board:
Canvassers, peddlers and transient merchants.
Beekeeping permits in which all adjacent neighbors consent in accordance with § 100-8B(3).
[Added 3-1-2016 by Ord. No. 07-02-2015]
All other licenses shall be issued by the Village Board unless otherwise designated.
Except as otherwise specifically provided in this Code or state law, licenses issued by the Village shall expire on June 30 in the year of issuance, unless issued for a shorter term, when they shall expire at 12:00 midnight on the last effective day of the license, or unless otherwise provided by this Code or state law.
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 impressed with the Village Seal.
The Village Clerk-Treasurer shall keep a record of all licenses issued.
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.
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.
All licenses issued hereunder shall be personal to whom issued and shall not be transferred except with the consent of the Village Board.
All applications for renewal of licenses hereunder shall be made to the Village Clerk-Treasurer by May 1.
An applicant for a license under this chapter thereby consents to the entry of law enforcement officers or authorized representatives of the Village upon licensed premises at all reasonable hours for the purpose of inspection and search and consents to removal from the premises and introduction into evidence in prosecutions for violations of this chapter of all things found therein in violation of this chapter or state law.
Except as provided in § 125.12, Wis. Stats., any license issued under this chapter may be revoked for cause by the Village Board. No license shall be revoked except upon written verified complaint filed with the Village Board by the Dane County Sheriff, the Village President or a resident of the Village. The licensee shall be served with a copy of the written charges and shall be given an opportunity to be heard before the Village Board. The licensee shall be given notice of the hearing before the Village Board, which shall be not more than 20 nor less than five days after notice, except as otherwise agreed between the parties.
At such hearing, the licensee shall be entitled to be represented by counsel, shall have the right to present and cross-examine witnesses and, upon request, may have subpoenas issued by the Village President or presiding officer of the Village Board to compel the attendance of witnesses.
After hearing the evidence, the Village Board may revoke such license or impose a limited period of suspension. The determination of the Board shall be final, subject to review under Ch. 68, Wis. Stats.
The Village President or Village Board may suspend the license of a licensee hereunder without hearing for not more than 10 days.
The Dane County Sheriff's Department shall repossess any license revoked hereunder.
If the licensee does not apply for a hearing within the time provided, the license may be revoked by the Village Board.
No license or permit, except bicycle or dog licenses, shall be granted for any premises for which taxes, assessments, utility bills or other claims of the Village are delinquent and unpaid or to any person delinquent in payment of such claims, including unpaid forfeiture judgment.
The Clerk-Treasurer shall notify in writing a license or permit applicant prior to final action by the Board whose license or permit the Board is required by Subsection A to refuse that the license or permit cannot be granted because of outstanding delinquent claims, specifying them. The notice shall inform the applicant of the right to a hearing as hereafter provided. If written request is filed by the applicant within 10 days of the date of the Clerk-Treasurer's notice, the Clerk-Treasurer shall schedule a hearing before the Board on the proposed refusal to grant the license or permit. Chapter 167, § 167-4G shall apply to proceedings relating to nonrenewal of alcohol beverage licenses in lieu of this subsection.
No license or permit shall be issued by the Village Clerk-Treasurer for any business involving the sale of tangible personal property unless proof of a valid seller's permit, if required, is provided pursuant to § 77.61(11), Wis. Stats.