[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.
A.
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.
B.
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.
C.
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]
A.
The Village Clerk-Treasurer may issue the following
licenses subject to the standards established by this chapter without
prior approval of the Village Board:
B.
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.[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.
A.
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.
B.
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.
C.
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.
D.
The Village President or Village Board may suspend
the license of a licensee hereunder without hearing for not more than
10 days.
E.
The Dane County Sheriff's Department shall repossess
any license revoked hereunder.
F.
If the licensee does not apply for a hearing within
the time provided, the license may be revoked by the Village Board.
A.
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.
B.
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.
C.
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.
