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Municipal Code

Chapter 9. Licenses and Permits

Sec. 9-73. License application and fee.

(1) Application for any scrap metal dealer license or motor vehicle salvage dealer license shall be made to the City Clerk on a form to be furnished by the City Clerk, and shall contain the information prescribed by subsection (2) below. In addition, not withstanding Sec. 9-02 (1) (b), a nonrefundable annual license fee of $50.00 plus a nonrefundable investigation fee shall accompany such application. Licenses, when issued, shall be posted in a conspicuous place on the premises so licensed at all times. The license shall expire as of midnight, December 31 of each calendar year.

(2) Application; investigation; inspection. Every applicant for a license to engage in the scrap metal business or motor vehicle salvage business shall file with the City Clerk a written application, signed by the applicant, which shall state the name and residence of the applicant or officers of the applicant, length of residency, place of previous employment, cities of residence for the past 5 years, whether applicant has or officers of applicant have been convicted of a felony or misdemeanor, and if so, what offense, whether applicant has or officers of applicant have previously been engaged in the business for which the license is sought, the nature of the business to be conducted and the kind of materials to be accumulated, collected, traded, bought, sold, stored, or otherwise handled and a complete legal description where such business is to be located or carried on or where the collected articles are to be stored. The chief of police, or his designee, shall investigate the record of each applicant, and the building inspector or his designee shall inspect and search the premises described in such application, and each shall report his findings and submit his recommendation to the Judiciary, License and Cemetery committee. Any business, whose primary or ancillary use is as a metal recycling collector or light metal materials dealer, is exempt from the licensing requirements of this chapter. Any business, whose primary or ancillary use is as a scrap metal or motor vehicle salvage dealer, shall be located only on premises properly zoned for such use, according to the requirements of the zoning ordinances of the city. If a scrap metal or motor vehicle salvage dealer business is in operation prior to the enactment of this ordinance, they may be able to obtain a license under the provisions of this chapter regardless of the zoning district classification of the business.

(3) Granting; issuance. Once a complete application along with the required fees have been submitted to the City Clerk, a scrap metal dealer's license or motor vehicle salvage dealer's license shall be granted only after the Judiciary, License and Cemetery committee has recommended and the Common Council has approved such license. No applicant to whom a license has been refused shall directly or indirectly reapply until one year shall have elapsed since the last previous rejection. All licenses shall be numbered, and shall set forth the licensee's name and address, type of business, and legal description of premises for which it was issued.

(4) License renewal. A renewal application for any scrap metal dealer license or motor vehicle salvage dealer license shall be made to the City Clerk on a form to be furnished by the City Clerk, and shall contain the information prescribed by subsection (2) above. All renewal applications for a scrap metal or motor vehicle salvage license shall be filed on or before November 1 of each year prior to the license year. In addition, a non refundable annual license fee of $50.00, plus a nonrefundable investigation fee for a background investigation shall accompany such application. License renewals shall be granted only after the Judiciary, License and Cemetery committee has recommended and the Common Council has approved such license. Renewed licenses, when issued, shall be posted in a conspicuous place on the premises so licensed at all times. The license shall expire as of midnight, December 31 of each calendar year.

(5) License denial, revocation, or suspension. An application may be denied based upon the applicant's arrest and conviction record if the applicant has been convicted of a felony (unless duly pardoned) or if the applicant has habitually been a law offender. For purposes of this licensing procedure, "habitually been a law offender" is generally considered to be an arrest or conviction of at least two offenses. Because a license is a privilege, the issuance of which is a right granted solely by the council, the council reserves the right to consider the severity and facts and circumstances of the offense when making the determination to grant, suspend, deny, or renew a license. License denial, revocation, or suspension shall be governed by Sec. 9-02 (15).

(6) Consideration for the granting, suspension, or denial of a license will be based on:

a. Arrest and conviction record of the applicant, subject to the limitation imposed by Secs. 111.321, 111.322, 111.335 Wis. Stats.;

b. Whether the licensee has been convicted of or committed offenses substantially related to the licensed activity, pursuant to section 9-71.

c. Compliance with Chapter 18 of the Municipal Code.

d. Compliance with the Conditional Use Permit issued for the purpose of allowing operations identified in Sec. 9-71.

e. Failure to obtain a state license prior to operation.

(Code 1982, 12.10(3))