[HISTORY: Adopted by the Village Board of the Village of
Denmark at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
Unless otherwise indicated, fees for licenses and permits issued
under this Code shall be as listed on the schedule of fees in the
office of the Village Clerk.
A.
Licenses or permits required. No person shall engage in any trade,
profession, business or privilege in the Village for which a license
or permit is required by any provision of this Code without first
obtaining such license or permit from the Village.
B.
Application. Application for a license or permit shall be made, in
writing, to the Village Clerk upon forms provided by the Village,
and the applicant shall state the location of the proposed activity
and such other facts as may be required for or be applicable to the
granting of such a license or permit.
C.
Payment of fee. The fees required for any license or permit shall
be paid at the office of the Village Clerk before the granting of
the license or permit. No fee paid shall be refunded unless the license
or permit is denied. Processing fees are not refundable.
D.
Bond and insurance. All required bonds shall be executed by two sureties
or a surety company and be subject to the approval of the Village
Board. Where policies of insurance are required, such policies shall
be approved as to substance and form by the Village Attorney. Satisfactory
evidence of coverage by bond or insurance shall be filed with the
Village before the license or permit is issued.
E.
Approval or denial of licenses.
(1)
Where approval of any Village or state officer is required prior
to issuance of any license or permit, such approval shall be presented
to the Village before any license or permit is issued.
(2)
The Village may withhold approval of any license or permit which may be issued under Chapter 105, Alcohol Beverages, Article I, Licenses, Chapter 234, Salvage Yards, and Chapter 315, Zoning, Article V, Sexually Oriented Adult Entertainment, of this Code if the applicant or proposed licensee has delinquent real estate taxes, personal property taxes, special assessments, fines, forfeitures or other fees.
F.
Certificate. License or permit certificates shall show the name of
the licensee or permittee, date of issue, activity licensed and term
of the license or permit and shall be signed in the name of the Village
by the President and Village Clerk and be impressed with the Village
Seal. The Clerk shall keep a record of all licenses and permits issued.
G.
Terms.
(1)
Unless otherwise provided, the license year shall end on June 30
of each year.
(2)
Where the issuance of licenses for a period of less than one year
is permitted, the effective date of such license shall commence with
the date of issuance.
(3)
Permits shall be issued for the term set forth in the permit.
H.
Exhibition of certificate. Every licensee or permittee shall carry
his license or permit certificate upon his person at all times when
engaged in the activity for which the license or permit was granted,
except that where such activity is conducted at a fixed place or establishment,
the license or permit certificate shall be exhibited at all times
in some conspicuous place in his place of business. The licensee or
permittee shall exhibit the license or permit certificate when applying
for a renewal and upon demand of any law enforcement officer or person
representing the issuing authority.
I.
Transfer. Unless otherwise provided, no license or permit shall be
transferable or assignable.
J.
Determinations of the Village Board. All determinations made by the
Village Board shall be subject to the provisions of Ch. 68, Wis. Stats.
K.
Inspection. Village officials may enter upon the premises where any
licensed or permitted activity is being conducted for the purpose
of inspection at any reasonable time.
L.
Revocation and suspension of licenses. Except as otherwise provided,
any license issued under this chapter may be revoked or suspended
for cause by the Village Board utilizing the following procedure:
(1)
No license shall be revoked or suspended except after receipt of
a written complaint which alleges that the licensee has violated,
or has permitted others to violate, one or more conditions of said
license. Such complaint may be filed with the Village Clerk by any
member of the Village Board, any officer of the Village, or any party
aggrieved by the alleged actions of the licensee.
(2)
Upon receipt of such complaint, the Village Board shall cause an
appropriate officer of the Village to conduct an investigation to
determine the validity of the complaint. The investigating officer
shall file a report of his findings with the Village Clerk within
30 days from being assigned the investigation, unless the Village
Board specifically provides for a longer investigation period.
(3)
Upon review of the investigating officer's report, the Village
Board shall determine if the complaint constitutes sufficient grounds
for revocation or suspension of the license. If so, the Village Board
shall prepare a list of charges. The licensee shall be served with
a written copy of the charges and shall be given an opportunity to
be heard before the Village Board. The licensee shall be given notice
of such hearing, which shall be held not more than 20 days nor less
than five days after notice, unless otherwise agreed between the parties.
(4)
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 President or presiding
officer of the Board to compel the attendance of witnesses. The licensee
shall be responsible for his or her own legal expenses, expenses of
witnesses called to testify by the licensee, and any other expenses
as may be incurred by the licensee in preparation for or appearance
at the hearing.
(5)
After hearing the evidence, the Board may act to dismiss the charges,
revoke the license or impose a limited period of suspension. The determination
of the Board shall be final, subject to review under Ch. 68, Wis.
Stats.
(6)
The holder of any license suspended or revoked shall immediately
surrender said license to the Clerk.
Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any license issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
