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Municipal Code

Chapter 9. Licenses and Permits

Sec. 9-29. Processing of application.

Procedures for processing the application are as follows:

(1) A license application shall be denied for operation on any premises, or with any equipment, for which taxes, assessments, forfeitures or other financial claims of the city are delinquent and unpaid unless an exception to such requirement is granted upon hearing pursuant to Section 9-02(16)(c).

(2) No license shall be issued unless the premises conforms to the sanitary, safety and health requirements of the state building code, and the state board of health. The premises must be properly lighted and ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped with running water for each gender and must conform to all ordinances of the city.

(3) The committee shall review the application, the reports of the departments, and all other information before it, and make a recommendation to the council.

(4) In determining whether a new class "A," "class A," class "B," or "class B" license or combination thereof should be granted, the committee and the council shall consider the following factors giving to each whatever weight is appropriate in the particular factual circumstances, subject to mandatory provisions of state law:

  1. Arrest and conviction record of the applicant, subject to the limitations imposed by §§ 111.321, 111.322 and 111.335 Wis. Stats.;
  2. The financial responsibility of the applicant;
  3. Whether the location and the premises where the licensed business is to be conducted are appropriate, considering neighboring uses.

(5)   In regard to new license applications, an application may be denied based upon the applicant's arrest and conviction record if:

(a) Subject to ss. 111.321, 111.332, 111.335 and 125.12(1)(b) of the Wisconsin Statutes, generally requiring that offenses considered must substantially relate to the licensed activity, the applicant has habitually been a law offender.

(b) A violation of Chapter 125 of the Wisconsin Statutes or any violation which would have resulted in demerit points under Chapter 9 of the Marshfield Municipal Code may be presumed to be substantially related to the activities licensed under this Chapter.

(c) No violation may be considered for purposes of this section unless the applicant committed another violation within one year preceding the violation. However, if the applicant committed 2 or more violations within one year, all violations committed within one year of a previous violation may be considered for purposes of determining whether the applicant has been a habitual law offender.

(d) If the applicant has accumulated offenses which would have resulted in 50 or more demerit points under this Chapter, it shall be presumed that the applicant has been a habitual law offender.

(6) License review upon renewal application. Any license which is the subject of renewal shall, prior to license expiration, be reviewed in accordance with the procedure for license investigation contained in subsection (2) of this section, and in accordance with such additional procedures as the committee may require.

(7) Opportunity to be heard shall be given by the council to any person for or against the granting of any license. Upon the approval of the applicant by the council, the city clerk shall issue the applicant a license, upon payment by the applicant of the license fee and required costs to the city.

(8) If the council denies the license, the applicant shall be notified in writing, by registered mail or personal service, of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the council and to provide evidence as to why the denial should be reversed. In addition, the notice shall inform the applicant that the reconsideration of the application shall be held in closed session, pursuant to § 19.85(1)(b) Wis. Stats., unless the applicant requests such reconsideration be held in open session and the council consents to the request. Such written notice shall be mailed or served upon the applicant at least ten days prior to the council meeting at which the application is to be reconsidered.

(9) No application for any license which shall have been denied by the council for any reason shall again be considered by the council for a period of one year from the date of such denial.

(10) Numbering of license. All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid and the name of the licensee.

(11) The City Clerk shall provide all new and renewed licensees with a copy of section Section 9-34 of the Marshfield Municipal Code pertaining to the demerit point assessment and disciplinary procedure.

(Code 1982, 12.03(9); Ord. No. 1185, 1 - 15, 12-21-2010)