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Municipal Code

Chapter 9. Licenses and Permits

Sec. 9-02. General provisions as to licenses.

(1) Terms interchangeable. The words "license" and "permit" as used throughout this chapter shall be interchangeable.

(2) License required. No person shall engage in any business, or activity regulated by this chapter, without a license therefor as provided in this chapter.

(3) Application. Application for a license required by this chapter shall be made to the city clerk on a form furnished by the city and shall contain such information as may be required by the provisions of this chapter or as may be otherwise required by the council.

(4) License fees. License fees shall be paid in accordance with the following:

  1. Fees to accompany application. License fees imposed in this chapter shall accompany the license application. The finance department shall issue the applicant a receipt for his license fee.
  2. Refunds. No fee paid shall be refunded unless the license is denied.

(5) Granting of licenses. Unless otherwise designated, licenses required by this chapter shall be issued by the city clerk only with the approval of the council, upon recommendation of the judiciary, license and cemetery committee.

(6) Terms of licenses. All licenses issued under this chapter shall expire on June 30 in the year of issuance unless issued for a shorter term, when they shall expire at 12:00 midnight of the last effective day of the license, unless otherwise provided by this Code or state laws.

(7) Form of license. All licenses issued under this chapter shall show the dates of issue and expiration and the activity licensed and shall be signed by the city clerk.

(8) Records of licenses. The city clerk shall keep a record of all licenses issued.

(9) Display of licenses. All licenses under this chapter 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 city upon request.

(10) Compliance with ordinances required. It shall be a condition of holding a license under this chapter that the licensee comply with all ordinances of the city. Failure to do so shall be cause for suspension or revocation of the license.

(11) Transfer of licenses. All licenses issued under this chapter shall be personal to whom issued, and no license shall be transferred without the consent of the council.

(12) Exemptions. No license other than a liquor or beer license shall be required under this chapter for any nonprofit educational, charitable, civic, patriotic or religious organization if the activity which would otherwise be licensed is conducted for the benefit of the members of the nonprofit organization or the public generally.

(13) Renewal of licenses. All applications for renewal of licenses under this chapter shall be made to the city clerk by April 15.

(14) Consent to inspection. An applicant for a license under this chapter thereby consents to the entry of police or authorized representatives of the city upon the licensed premises at all reasonable hours for the purposes of inspection and search, and consents to removal from the premises and introduction into evidence in prosecutions for violations of this chapter all things found therein in violation of this chapter or state law.

(15) Revocation and suspension of licenses. Licenses may be revoked and suspended as follows:

  1.  Except as otherwise provided, any license issued under this chapter may be revoked for cause by the council. No license shall be revoked except upon written verified complaint filed with the council by the mayor, a member of the council, the chief of police, the chairman of the license committee or a resident of the city. The licensee shall be served with a written copy of the complaint and shall be given an opportunity to be heard before the council. A Summons signed by the City Clerk shall command the licensee complained of to appear on a day and place, not less than 3 days and not more than 10 days from the date of issuance.  The Summons and a copy of the Complaint shall be served on the licensee at least 3 days before the time at which the licensee is commanded to appear.  Service shall be in the manner provided for in Section 801 of the Wisconsin Statutes.
  2. 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 mayor or presiding officer of the council to compel the attendance of witnesses.
  3. After hearing the evidence, the council may revoke such license or impose a limited period of suspension. The determination of the council shall be final, subject to review under chapter 68 Wis. Stats. unless the licensee shall be granted a further hearing by the council.
  4. If the licensee does not apply for a hearing within the time provided, the license may be revoked by the council.
  5. The mayor or council may suspend the license of a licensee without hearing for a period not to exceed ten days.

(16) Issuance or renewal of licenses or permits. Issuance or renewal of licenses or permits shall be in accordance with the following:

a.    The finance director shall furnish the city clerk and building services supervisor and all other issuers of licenses and permits in the city with a list of persons who have failed to pay any and all local city taxes, including real estate taxes, personal property taxes and room taxes, or who owe the city any money for assessments, claims, or forfeitures resulting from a conviction of any city ordinance violation, or who owe the city any money for any service rendered or any obligation incurred. Prior to the issuance or renewal of any license or permit, the city clerk, building services supervisor, or other issuer of such license or permit shall ascertain whether or not the applicant, building owner, or any officer, agent or related predecessor license holder is indebted to the city as provided in this subsection and, if so, shall refuse to issue the license and/or permit.

1. For purposes of this Section, a "related predecessor license holder" means any business entity, owner or agent that has a substantial relationship to the current applicant or license holder such that their principals or parties in interest are substantially the same.

2. If real estate taxes are unpaid for property upon which the premises will be the subject of a license or permit, the license and/or permit shall not be issued for such premises regardless of whether the identity of the license holder or applicant is different than the person or entity responsible for the unpaid real estate taxes.

b.  Any applicant for a license or permit who is denied a license pursuant to subsection (16)(a) of this section shall have the right to an administrative hearing on the same pursuant to chapter 68 of theWisconsin Statutes. Any applicant who is denied renewal of an alcoholic beverage license shall have the right to review of the denial pursuant to § 125.12 Wis. Stats.

c.  Upon a hearing for review of a license application denial under this paragraph, the Council shall have the authority to grant a license subject to such terms or conditions it may in its discretion determine reasonable to secure payment of obligations to the City and insure financial responsibility of the applicant.

    1. Upon the failure of any licensee granted a license hereunder to meet the specified terms or conditions at any time during the license period for which such conditional license was issued, said license shall be revoked.

(Code 1982, 12.02; Ord. No. 1185, 1 - 15, 12-21-2010)