[HISTORY: Adopted by the Town Board of the Town of Woodruff as indicated in article histories. Amendments noted where applicable.]
Article I General Requirements
Article II Continuing Business License Requirements
[Adopted 2-11-1986 as §§ 12.01, 12.02 and 12.15 of the 1986 Code]
Unless otherwise indicated, fees for licenses issued under this Code shall be as provided in the Town Fee Schedule.
No person shall engage in any trade, profession, business or privilege in the Town for which a license or permit is required by any provision of this Code without first obtaining such license or permit from the Town in the manner provided in this article, unless otherwise specifically provided.
Unless otherwise provided, application for a license or permit shall be made in writing to the Town Clerk upon forms provided by the Town, 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.
The fees required for any license or permit shall be paid at the office of the Town Clerk before the granting of the license or permit. No fee paid shall be refunded unless the license or permit is denied.
All required bonds shall be executed by two sureties or a surety company and be subject to the approval of the Town Board. Where policies of insurance are required, such policies shall be approved as to substance and form by the Town Attorney. Satisfactory evidence of coverage by bond or insurance shall be filed with the Town before the license or permit is issued.
Where the approval of any Town or state officer is required prior to the issuance of any license or permit, such approval shall be presented to the Town before any license or permit is issued.
Licenses or permit certificates shall show the name of the licensee or permittee, the date of issue, the activity licensed and the term of the license or permit and shall be signed in the name of the Town by the Chairperson and Town Clerk and be impressed with the Town Seal. The Clerk shall keep a record of all licenses and permits issued.
Unless otherwise provided, the license year shall end on June 30 of each year.
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.
Permits shall be issued for the term set forth in the permit.
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 police officer or person representing the issuing authority.
Unless otherwise provided, no license or permit shall be transferable or assignable.
All determinations made by the Town Board shall be subject to the provisions of Ch. 68, Wis. Stats.
Town officials may enter upon the premises where any licensed or permitted activity is being conducted for the purpose of inspection at any reasonable time.
Except as otherwise provided, any license issued under this article may be revoked for cause by the Town Board. No license shall be revoked except upon written verified complaint filed with the Town Board by the Chairperson, a member of the Town Board, the Chief of Police or a resident of the Town. The licensee shall be served with a written copy of the charges and shall be given an opportunity to be heard before the Town Board. The licensee shall be given notice of such hearing, which shall be not more than 20 nor less than five days after notice, except as otherwise agreed between the parties.
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 Chairperson or presiding officer of the Board to compel the attendance of witnesses.
After hearing the evidence, the Board may revoke such license or impose a limited period of suspension. The determination of the Board shall be final, subject to review under Ch. 68, Wis. Stats., provided that the licensee shall not be entitled to a further hearing unless granted by the Town Board.
The Police Department shall repossess any license revoked hereunder.
If the licensee does not apply for a hearing within the time provided, the license may be revoked by the Town Board.
In addition to the revocation, suspension or nonrenewal of any license or permit issued under this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in § 1-3 of this Code.
It shall be a condition of maintaining and keeping a license in the Town of Woodruff that the licensee continue in business. Issuance of, or retention of, a license by a party not doing business or intending to resume doing business under conditions of this article as defined as follows is declared to be against public policy and thus lacking in usefulness.
Any license issued pursuant to this article shall be subject to such further regulations and restrictions as may be imposed by the Woodruff Town Board by amendments or by the enactment of new ordinances. If any licensee shall fail or neglect to meet the requirements imposed by such law restrictions and regulations, his or her license may be revoked in accordance with this article. In the event of revocation of any license for any violations of any provisions of this article, or by the court for any reasonable cause except the imposition of new restrictions, no refund shall be made of any part of the license fee.
Business continuation of a license is hereby defined to mean as follows: Should a license issued under this article not be used within six months after its issuance and/or adoption of this article, or if its usage is discontinued for a period of six months or more, such situation may be grounds for cancellation of the license in accordance with the provisions of this article.
Further, holders of such licenses are required to possess the following: a premises (facility) from which to conduct business, sanitary permit, building permits, and conditional use permits when required in accordance with the Oneida County Zoning and Shoreland Protection Ordinance and meeting of any other requirements under the provisions of the Oneida County ordinance. Further, holders of such licenses must possess necessary federal identification numbers and State of Wisconsin sales tax numbers and must meet and continue to meet on an ongoing basis all other state and federal requirements. Approval by the Town of Woodruff licensing board (Town Board) must also be obtained.
Exceptions to these requirements to continue to possess a necessary license would be any act of God which may damage or destroy the facility for which the license has been issued to operate the business from. In such cases, the holder of the license will be allowed a maximum of two years to repair damages or rebuild the damaged or destroyed facility and again resume operating the business from the premises for which the license issued was intended. The holder of a license of a damaged or destroyed business shall also be required to meet with the licensing board (Town Board) at that board's discretion to discuss the situation and progress. Again, the licensing board reserves the right to revoke such license if, in its opinion, progress toward repair or rebuilding is not progressing in a timely manner. In such cases, the holder of the license has the express right to request a hearing and any other appeal avenues which may be available to the license holder.
Because past Woodruff Town Boards have issued licenses for seasonal operations that do not meet the requirements set forth in this article, such seasonal operations will be allowed to continue to conduct business and hold licenses in accordance with those previous Woodruff Town Board actions, but only as it pertains to § 330-17 of this article.
In the event that any licensed party violates this article, disciplinary action may be taken by the Town Board, including reprimand, suspension of the license for a specified number of days (maximum of 90 days), or revocation of the license. Any license that has been revoked shall not be reinstated within the following six months, except that an intoxicating liquor or fermented malt beverage license shall not be reinstated within the following 12 months. Any disciplinary action taken shall follow notice to the licensee prior to a hearing. Both the hearing notice, which will specify the reason for the hearing, and the subsequent decision of the Board will be sent by first-class mail to the last known address of the licensee or personally served, at the option of the Woodruff Town Chairperson.
In the event that disciplinary action is taken against the holder of an intoxicating liquor or fermented malt beverage license, the state 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 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 and option have been properly and legally listed on the hearing notice posted and/or published. The Town Clerk shall see that the hearing notice is posted and/or published in a format acceptable to the Town Chairperson.
In addition to the revocation, suspension or nonrenewal of any license issued under this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in § 1-3 of this Code.