[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.
A.
Unless otherwise provided, the license year shall end
on June 30 of each year.
B.
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.
C.
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.
A.
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.
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 Chairperson
or presiding officer of the Board to compel the attendance of witnesses.
C.
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.
D.
Any license revoked hereunder shall be repossessed.
E.
If the licensee does not apply for a hearing within the
time provided, the license may be revoked by the Town Board.
[Added 4-7-2005]
A.
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.
B.
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.
C.
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.
D.
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.[1]
E.
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.
F.
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.
G.
There shall be no refund of any license fee paid to a
party whose license is revoked.
H.
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.
I.
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.
J.
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.
