[Adopted by the Town Board of the Town of Pittsfield 5-13-1997 as § 5.501 of the 1997 Code. Amendments noted where applicable.]
As a condition of maintaining and keeping a license in this Town, any licensee must continue in business. Issuance or retention of a license by a party not doing business is hereby declared to be against public policy and lacking in usefulness.
As used in this chapter, the following terms shall have the meanings indicated:
- BUSINESS CONTINUATION
- Business to be conducted at a place of business with the public for a period of 150 or more days in each calendar year.
- Conducting business publicly at least six hours per calendar day.
In the event any licensed party violates this chapter, the Town Board may take disciplinary action, including reprimand, license suspension for a specified number of days (up to 90 days), or revocation. Any license that has been revoked shall not be reinstated within the following 12 months. Any disciplinary action taken shall follow notice to the licensee prior to a hearing. The hearing notice, which will include the reason for the hearing, and later the hearing decision of the Board, will be sent by first-class mail to the licensee's last known address, or personally served at the Town Chairperson's option.
In the event disciplinary action is taken against an alcohol licensee, the procedure mandated under present § 125.12, Wis. Stats., or its successor, will be followed. At present, said procedure requires personal service of the hearing notice (summons) and complaint and a hearing within three to 10 days thereafter. In the event the licensee cannot be found, the summons may be published once in a newspaper of general circulation deemed most likely to provide notice to the license holder.
There shall be no refund of any license fee paid to a party whose license is revoked.
In lieu of a hearing, the Town Board may accept surrender of the license, and the Board shall then determine the time period before another application for the same type of license will be accepted from the former licensee.
Evidence and testimony at the hearing shall be done in open session. Pursuant to § 19.85(1)(a), Wis. Stats., the Board may go into closed session to deliberate with regard to its decision, where that possibility has been listed on the hearing notice posted or published. The Clerk shall see that the hearing notice is posted or published, in format acceptable to the Chairperson.
When a tenant has not done business in the licensed premises for at least 30 consecutive days, voluntarily vacated the premises more than 30 days before the Board 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 actions may be presented. The Board may issue a summons and set up the hearing date prior to the expiration of the thirty-day period and may make its decision effective on a later date, in its discretion.
Unless no disciplinary action, including reprimand or probation, is ordered by the Board, the license holder shall reimburse the Town for costs of personal service, mailing, fax costs, copies and any per diem paid for a Town officer to attend the hearing or other meeting due to a license violation. 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.
Temporary licenses for isolated events are exempt from this chapter.