Chapter 5.44
MISCELLANEOUS PROVISIONS

Sections:

5.44.010    Hotels, motels, inns and other transient lodging facilities—Records.

5.44.020    Mandating of employee benefits for private businesses.

5.44.030    Penalty for violation of this chapter.

5.44.040    Investigation of license applicants.

5.44.010 Hotels, motels, inns and other transient lodging facilities—Records.

A.    Every owner, keeper, proprietor or agent of any lodging house, rooming house, motel, hotel, inn or other transient lodging facility shall keep a register wherein all guests, roomers or lodgers shall inscribe their names and permanent address upon procuring lodging, a room or accommodations. The owner, keeper, proprietor or agent shall also inscribe the room number occupied and the date and time of registration and checkout.

B.    Said owner, keeper, proprietor or agent shall request identification of any guest, roomer or lodger paying cash, at the time of registration. Such identification shall be in a valid and current form showing the person’s name, date of birth, and may be, but is not limited to, a driver’s license, state issued picture identification card, or such other form as will reasonably assure that the registrant is, in fact, the person under whose name such lodging room or accommodation is being procured. A photocopy of such identification shall be maintained or the identifying information transposed into the registration record. For any guest, roomer or lodger taking occupancy through a prearranged reservation in the name of a corporation, business, association or any other entity, the owner, keeper or proprietor shall request identification of the specific guest, roomer or lodger at the time of registration as will reasonably assure such person to be the person for whom the lodging, room or accommodations have been procured. Said owner, keeper or proprietor shall verify the credit card signature of each guest, roomer or lodger making payment by way of credit card, with the signature inscribed upon the hotel register.

C.    No person may knowingly procure or provide lodging from a rooming house, motel, hotel, inn or other transient lodging facility, or any services therefrom, through misrepresentation or production of false identification, or identification which misrepresents the identity of the person procuring or sharing in such lodging or service. No person may knowingly give, or cause to be given, an incorrect name, address, date of birth, or license plate number to any owner, keeper, proprietor or agent of any establishment required to maintain records under this section.

D.    Records required to be maintained in accordance with subsections (A), (B) and (C) of this section, together with vehicle registration information, records of telephone calls and other billing records, when maintained by the establishment in the ordinary course of business, shall be provided to any officer of the city police department upon demand and representation that a reasonable suspicion exists that such information is relevant to a then-pending inquiry or investigation. Nothing in this requirement shall be construed as giving any such officer any greater right or license to enter a room or invade privacy than the officer shall otherwise possess.

E.    Records required to be kept in accordance with this section shall be retained for one year after the date the last entry is recorded. (Ord. 1650 § 1, 1998)

5.44.020 Mandating of employee benefits for private businesses.

No ordinance of the city of Brookfield nor any other municipal ordinance, rule, or regulation shall mandate that any business entity, other than the city itself, shall provide certain wages or benefits to its employees or set forth the amount or type of any employee wages or benefits provided by an employer located within the city limits. (Ord. 2172-09 § 1, 2009)

5.44.030 Penalty for violation of this chapter.

Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2552-19 § 20, 2019)

5.44.040 Investigation of license applicants.

A.    Every applicant for a license issued pursuant to Chapters 5.04, 5.14, 5.16, 5.18, 5.24, 5.32, 5.36, and 5.41 shall be subject to a background check to determine the applicant’s fitness for the licensed activity. In addition to the fee set forth in Section 3.24.050(F), if an applicant has lived out of state in the past five years, the fee set forth in Section 3.24.050(E) shall be submitted for each state the applicant lived in during that time frame. All background check fees shall be submitted at the time the license application is submitted to the city clerk.

B.    On the license application, the applicant shall list whether s/he has been arrested, charged, or cited for any violation of state, federal or local laws or adjudicated delinquent within the past five years, including any crimes, civil forfeitures, military violations, and tickets, except for parking tickets. The applicant shall include the offense, jurisdiction, and arrest or conviction date. Additionally, the applicant shall list whether s/he is on probation, extended supervision, or parole or was released from probation, extended supervision, or parole within the past year, along with the offense(s) s/he was convicted of that resulted in such sentence.

C.    For licenses issued under Chapter 5.24, if the background check reveals an arrest or conviction for a law violation within the past five years, a pending criminal offense, or habitual law violations and the circumstances of the offense(s) or violation(s) substantially relate to the licensed activity, the city clerk shall refer the application to the legislative and licensing committee and schedule the applicant for an in-person character and fitness review with the committee. If the background check reveals the applicant is on probation, extended supervision, or parole or the applicant’s release from probation, extended supervision, or parole ended less than one year prior to the date of application and the circumstances of the offense(s) that resulted in such sentence substantially relate to the licensed activity, the city clerk shall refer the application to the legislative and licensing committee and schedule the applicant for an in-person character and fitness review with the committee. For all referrals, the city clerk shall provide the applicant’s background check to the committee; the background check shall include the applicant’s arrest or conviction record for a period of ten years prior to the date of application. The applicant shall be notified of the date of the review and that his or her appearance is required at the review by letter sent via first-class mail.

D.    For all licenses except those issued under Chapter 5.24, if the background check reveals an arrest or conviction for a law violation within the past five years or a pending criminal offense and the circumstances of the offense(s) or violations substantially relate to the licensed activity, the city clerk shall refer the application to the legislative and licensing committee and schedule the applicant for an in-person character and fitness review with the committee. If the background check reveals the applicant is on probation, extended supervision, or parole or the applicant’s release from probation, extended supervision, or parole ended less than one year prior to the date of application and the circumstances of the offense(s) that resulted in such sentence substantially relate to the licensed activity, the city clerk shall refer the application to the legislative and licensing committee and schedule the applicant for an in-person character and fitness review with the committee. For all referrals, the city clerk shall provide the applicant’s background check to the committee; the background check shall include the applicant’s arrest or conviction record for a period of ten years prior to the date of application. The applicant shall be notified of the date of the review and that his/her appearance is required at the review by letter sent via first-class mail.

E.    At or prior to the character and fitness review, but no later, the applicant may submit evidence of his/her rehabilitation and fitness to perform the licensed activity. Such evidence may include:

1.    The applicant’s most recent certified copy of a Federal Department of Defense form DD-214 showing his/her honorable discharge or separation under honorable conditions from the U.S. armed forces for military service rendered following conviction for any offense that would otherwise disqualify him/her from the license sought, contingent on his/her not being convicted of any misdemeanor or felony subsequent to the date of honorable discharge or separation from military service.

2.    A copy of the local, state, or federal release document; and either a copy of the relevant Department of Corrections document showing completion of probation, extended supervision, or parole; or other evidence that at least one year has elapsed since the applicant’s release from any local, state, or federal correctional institution without subsequent conviction of a crime along with evidence showing compliance with all terms and conditions of probation, extended supervision, or parole.

3.    Documents demonstrating the nature and seriousness of any offense of which the applicant was convicted; all circumstances relative to the offense, including mitigating circumstances or social conditions surrounding the commission of the offense; the applicant’s age at the time the offense was committed; the length of time that has elapsed since the applicant committed the offense; letters of reference by persons who have been in contact with the applicant since his/her release from any local, state, or federal correctional institution; anything else pertinent to the applicant’s rehabilitation and fitness.

4.    Proof that the applicant’s adjudication of delinquency was for an offense other than an exempt offense as defined in Section 111.335(1m)(b), Wisconsin Statutes.

5.    For licenses issued under Chapter 5.24, whether the applicant is a habitual law offender as set forth in Section 125.04(5)(b), Wisconsin Statutes.

F.    At the character and fitness review, the legislative and licensing committee shall consider any evidence submitted under subsection (E) of this section. If, after consideration, the committee determines that the applicant has demonstrated competent evidence of sufficient rehabilitation and fitness to perform the licensed activity, the committee shall recommend to the common council that the license be granted. If, after consideration, the committee determines that the applicant has not demonstrated competent evidence of sufficient rehabilitation and fitness to perform the licensed activity, the committee shall recommend to the common council that the license be denied and shall state in writing its reasons therefor, including a statement of how the circumstances of the offense relate to the particular licensed activity.

G.    If the common council votes to deny the license, the applicant may not apply for the same licensed activity until one year has elapsed from the date of the license application. (Ord. 2560-19 § 1, 2019)