[HISTORY: Adopted by the Village Board of the Village of
Baldwin 4-28-2004 as Title 7, Ch. 13, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 205.
Mass public assemblies — See Ch. 212.
Cigarettes — See Ch. 249.
Dance halls — See Ch. 260.
Fireworks — See Ch. 307.
Flea markets — See Ch. 311.
Intoxicating liquor and fermented malt beverages — See Ch. 349.
Pawnbrokers and secondhand article and jewelry dealers — See Ch. 421.
Pool halls — See Ch. 440.
Streets and sidewalks — See Ch. 510.
Transient merchants — See Ch. 524.
A.
All obligations to Village to be paid. Before any license or permit
shall be issued under the provisions of this Code, the clerk shall
check all village records to determine whether or not any applicant
is in arrears for taxes or any other unpaid forfeiture, debt or obligation
to the Village. If the clerk shall find any applicant to be in arrears,
the issuing officer or department shall withhold any and all licenses
and permits for which application has been made until such outstanding
amounts due have been paid in full.
[Amended 5-11-2016]
B.
Applicability. This section shall apply to all licenses and permits
by the Village except where preempted by state or federal law or regulations.
[Amended 5-11-2016]
D.
Hearing. Prior to any denial of an application for renewal of a license, including denials pursuant to Subsection A, the applicant shall be given notice and opportunity for a hearing as hereinafter provided:
(2)
With respect to licenses other than those described in Subsection D(1) herein, the Village Board or its assignee shall notify the applicant in writing of the Village's intention not to renew the license and shall provide the applicant with an opportunity for hearing. The notice shall state the reasons for the intended action and shall establish a date, not less than three days nor more than 10 days after the date of the notice, on which the applicant shall appear before the Village Board. If the applicant shall fail to appear before the Board on the date indicated on the notice, the Board shall deny the application for renewal. If the applicant appears before the Board on the date indicated in the notice and denies that the reasons for nonrenewal exist, the Village Board shall conduct a hearing with respect to the matter. At the hearing, both the Village and the applicant may produce witnesses, cross-examine witnesses and be represented by counsel. The applicant shall, upon request, be provided a written transcript of the hearing at the applicant's expense. If the Village Board determines the applicant shall not be entitled to renewal pursuant to Subsection A, the application for renewal shall be denied.
E.
Other grounds for hearing. Where an individual, business or corporation wishes to appeal the Village Clerk-Treasurer's decision not to issue a license or permit under this Code on grounds other than those specified in Subsections A through D above, the applicant may file a request in writing with the Village Clerk-Treasurer that the matter be referred to the Village Board. A public hearing shall be scheduled within 14 calendar days by the Village Board. All parties may be represented by counsel. The Board shall consider all relevant information and shall render a decision which shall be binding.
A.
Application.
B.
Payment of license fee. License fees imposed under the Village Fee
Schedule shall accompany the license application. If a license is
granted, the Village Clerk-Treasurer shall issue the applicant a receipt
for his/her license fee.
C.
Refund of license fee. No fee paid shall be refunded unless the license
is denied.
D.
Terms of licenses. All licenses issued hereunder shall expire on
June 30 in the year of issuance unless issued for a shorter term,
when they shall expire on 12:00 midnight of the last effective day
of the license, or unless otherwise provided by these ordinances or
state laws.
E.
Form of license. All licenses issued hereunder shall show the date
of issue, the activity licensed, and the term of the license and shall
be signed by the Village Clerk-Treasurer and be impressed with the
Village Seal, if any.
F.
Record of licenses. The Village Clerk-Treasurer shall keep a record
of all licenses issued.
G.
Display of licenses. All licenses hereunder 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 Village upon request.
H.
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 Village. Failure to do so shall be cause for revocation of
the license.
I.
Transfer of licenses. All licenses issued hereunder shall be personal
to whom issued and shall not be transferred except with the consent
of the Board.
J.
Consent to inspection. An applicant for a license under this chapter
thereby consents to the entry of police or authorized representatives
of the Village upon 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 Code all things found therein in violation of this Code or
state law.
