[HISTORY: Adopted by the Town Board of the
Town of Woodruff as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-11-1986 as §§ 12.01, 12.02 and
12.15 of the 1986 Code]
[Amended 4-22-2008]
Unless otherwise indicated, fees for licenses
issued under this Code shall be as provided in the Town Fee Schedule.[1]
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 or Town Clerk and be impressed
with the Town Seal. The Clerk shall keep a record of all licenses
and permits issued.
A.
Unless otherwise provided, the license year shall
end on June 30 of each year.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
The Police Department shall repossess any license
revoked hereunder.
E.
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.
[Adopted 8-25-1998]
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.
[Amended 5-27-2014]
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.
A.
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.
B.
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.[2]
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.
