[HISTORY: Adopted by the Town Board of the Town of Manitowish Waters as §§ 12.02 and 12.10 of the 2001 Code. Amendments noted where applicable.]
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 chapter, unless otherwise specifically provided.
Unless otherwise provided, application for a license or permit shall be made in writing to the Town Clerk/Treasurer upon forms provided by the Town, 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 a license or permit. The Town Clerk/Treasurer is authorized to issue any permits required by this Code, provided that, in his judgment, there is no just cause for the refusal of such permit.
The fees required for any license or permit shall be paid at the office of the Town Clerk/Treasurer before the granting of the license or permit. No fee paid shall be refunded unless the license or permit is denied. Fees shall be set from time to time by the Town Board.
All required bonds shall be executed by two sureties or a surety company and be subject to the approval of the Town Board. Where policies of insurance are required, such policies shall be approved as to substance and form by the Town Attorney. Satisfactory evidence of coverage by bond or insurance shall be filed with the Town before the license or permit is issued.
Where the approval of any Town or state officer is required prior to the issuance of any license or permit, such approval shall be presented to the Town before any license or permit is issued.
Licenses or permit certificates 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 Chairperson and Town Clerk/Treasurer. The Clerk/Treasurer shall keep a record of all licenses and permits issued.
Unless otherwise provided, the license year shall end on June 30 of each year.
Where the issuance of a license for a period of less than one year is permitted, the effective date of such license shall commence with the date of issuance.
Permits shall be issued for the term set forth in the permit.
Every licensee or permittee shall carry his license or permit certificate upon his 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 certificate shall be exhibited at all times in some conspicuous place in his place of business. The licensee or permittee shall exhibit the license certificate 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.
All determinations made by the Town Board shall be subject to the provisions of Chapter 6, Administrative Review, of this Code.
Town officials may enter upon the premises where any licensed or permitted activity is being conducted for the purpose of inspection at any reasonable time.
Except as otherwise provided, any license issued under this Code may be revoked for cause by the Town Board. No license shall be revoked except upon written verified complaint filed with the Town Board by the Chairperson, a member of the Town Board, the Town Constable or a resident of the Town. The licensee shall be served with a written copy of the charges and shall be given an opportunity to be heard before the Town Board. The licensee shall be given notice of such hearing, 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 Chairperson or presiding officer of the Board to compel the attendance of witnesses.
After hearing the evidence, the 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., provided that the licensee shall not be entitled to a further hearing unless granted by the Town Board.
Any license revoked hereunder shall be repossessed.
If the licensee does not apply for a hearing within the time provided, the license may be revoked by the Town Board.
As a condition of maintaining and keeping a license in the Town of Manitowish Waters, any licensee must continue in the active operation of business. "Active operation of business" shall mean the business shall be open at least four hours a day 30 days every calendar year. If a license is not used for 30 days each year or its usage is discontinued for a year, such occurrence may be grounds for cancellation of the license.
The Town of Manitowish Waters determines that the retention of a license by a party not doing business or not intending to resume doing business is declared to be against public policy and constitutes grounds for revocation of said license.
Exceptions to the requirement of continued business would be an act of God or any other occurrence which would damage or destroy the facility for which the license has been issued to operate the licensed business in. In such a case, the holder of the license is allowed up to two years to repair damages or rebuild the damaged or destroyed facility and again resume operating the business utilizing the premises for which the license issued was intended.
In the event that a licensee violates the provisions of this section, disciplinary action may be taken by the Town Board, including reprimand, suspension of a license for a specified number of days, or revocation of the license. Any license that has been revoked shall not be reinstated within the following 12 months. Any disciplinary action taken shall be done after notice to the licensee and after a hearing. The proceedings shall be conducted in accordance with § 125.12(2)(b), Wis. Stats., or any amendments thereto. Prior to cancellation of any license, the Town Clerk/Treasurer shall notify the licensee in writing of the Town's intention to cancel the license for nonuse and provide the licensee with an opportunity for a hearing. In the event that the licensee cannot be notified by mail, notice of the hearing may be published once in the newspaper normally used by the Town for such publication. Such notice shall also specify the time, place and date of the hearing, which shall be not less than 15 days after the date of notice.
In lieu of canceling such license the Town Board shall, after notice and hearing, determine if good causes exist for the failure of the licensee to be open for business for periods in excess of the minimum set forth in this section. If such cause is found to exist, the Town Board may set such terms as it deems appropriate to the continuation of the license with respect to minimum days of operation or a time frame within which the subject premises must be open for business to avoid cancellation of the subject license.
In lieu of a hearing, the Town Board may accept surrender of the license and the Town Board shall then determine the time period before another application for the same type of license will be accepted from the former licensee.
There shall be no refund of any license fee paid to a party whose license is revoked.
Evidence and testimony at the hearing will be done in open session. Pursuant to § 19.85(1)(a), Wis. Stats., or any amendments thereto, the Board may go into closed session to deliberate regarding its decision, provided that appropriate notice indicating such closed session is duly posted and/or published. The Town Clerk/Treasurer shall be responsible to see that the hearing notice is posted and/or published in accordance with Wisconsin Statutes.
Unless no disciplinary action, including reprimand or probation, is ordered by the Town Board, the license holder shall reimburse the Town for costs of personal services, mailing, fax costs, copies and any per diem paid for a Town officer to attend a hearing or other meeting due to a license violation. Payment of the fees shall earn 5% interest if unpaid within 30 days. Payment shall be required before any future license is issued or reinstated to the license holder.
When a tenant has not done business in the licensed premises for as least 30 consecutive days, voluntarily vacated the premises with vacation to be at least 30 days before the Board's decision, or was court ordered out of the premises with vacation to be at least 30 days before the Board's decision, grounds for suspension or revocation exist. Testimony of any party, eviction notice, court documentation or other valid evidence of such action may be presented. The Board may issue a summons and set up a hearing date prior to the expiration of the thirty-day period and may make its decision effective at a later date at its discretion.