19.001 GENERAL REQUIREMENTS.

Unless otherwise specifically provided, licenses and permits required for the carrying on of a business, or trade or other activity set forth in this Chapter shall be applied for, issued, suspended, revoked or not renewed according to the provisions of this section if not specifically outlined elsewhere.

(1)    LICENSE OR PERMIT REQUIRED. Any person that performs any activities set forth in this Chapter shall first obtain the appropriate license or permit approved by the City Council and issued by the City Administrator.

(2)    APPLICATION FOR LICENSE OR PERMIT. Every application for a license or permit shall be made upon proper forms furnished by the City Administrator, verified by the applicant, and shall contain all information requested on said application including, but not limited to, the complete name and address of the applicant, the purposes for which said license or permit is being applied for, the place where the activity being applied for will be conducted and term for which the applicant proposes to carry on the activity being licensed. Any other information being requested on the application must be provided. In addition, the license or permit fee must be paid at the time the application is being submitted to the City Administrator for consideration by the Common Council.

(3)    ISSUANCE OF LICENSE OR PERMIT.

(a)    All applications for licenses and permits shall be received by the City Clerk and submitted to the Finance Committee for review and recommendation. The Finance Committee shall review all applications and recommend to Common Council at its next regularly scheduled meeting the approval or denial of said license or permit application.

In determining whether to approve or deny an application, the Finance Committee will use the following conditions for special consideration before making their determination:

1.    Any violations, conviction or pending charges within the last twelve (12) months which related to the license or permit being requested.

2.    Any incomplete, misleading or falsified information on the application when the information provided by the applicant pertains to either the identification of the applicant or if the matter affects licensing or permit information.

3.    Any outstanding fines, forfeitures, penalties, overdue assessments and/or user fees owed to the City.

The Common Council shall then approve or deny the application for a license or permit and if approved, the license or permit shall be issued by the City Clerk. Said license or permit shall state the date thereof, the date that said license or permit shall be in force, the name of the person or organizations to whom the license or permit is issued, the place of residence of said person, group or organization, the address or place of business at which said activity is to be conducted, the particular type of license or permit granted and the amount of the license or permit fee paid. The City Clerk shall keep all such applications on file and also keep on file a copy of all licenses and permits issued.

(b)    If at any time more than one application is received when only a single license is available the Finance Committee shall consider the applications in the order they were received. The City Clerk shall date the applications as they are submitted and inform the Committee of the correct order.

(4)    LICENSE OR FEE. The license or permit fee for any activity permitted under this Chapter shall be such fee as set by the City Council. A copy of the appropriate fee schedule attached shall not eliminate the need to apply for and be granted the appropriate license or permit nor the need to pay the appropriate fee prior to engaging in or conducting the requested activity or business.

(5)    WHEN LICENSE OR PERMIT TERMINATES. Every license or permit, no matter when granted or issued, shall terminate or expire, on the 30th day of June of each year unless specifically provided for otherwise in any subsection of this Chapter.

(6)    EXEMPTIONS FROM LICENSES OR PERMITS.

(a)    All lectures, addresses, and musical or other entertainments and all advertisements thereof in and for the benefit of the local churches, schools, education and religious institutions and benevolent and fraternal associations, and literary, theatrical, musical and other entertainments and performances by local schools, educational and religious institutions, benevolent and fraternal associations are exempted from the provisions of this chapter.

(b)    No license or permit under this chapter shall be required of any person, being a farmer, gardener, producer or resident of Rock or adjoining counties, except dealers in milk, who by himself or herself, his or her servants or employees, shall bring into the City for sale in the market or from house to house, farm products, grain, vegetables, fruit or other products of his or her own farm or factory.

(7)    SUSPENSION, REVOCATION, REFUSAL TO RENEW OR ISSUE.

(a)    Any license or permit granted or issued under the provisions of this Chapter or any other Chapter may be suspended or revoked by the Council for the violation of any provision of this Chapter or regulation of this City relating to such particular trade, occupation or business; for the violation by the licensee or permittee, his or her agent, servant or employee for him or her of any law of the United States or of the State of Wisconsin relating to the particular trade, occupation or business or license; and for false or incorrect information on the application for said license or permit.

(b)    NOTICE OR SUMMONS. Any resident of this City or the Chief of Police or any other member of the Police Department may file a sworn written complaint with the City Administrator alleging that a person holding a license or permit issued under this Chapter has violated this Chapter or any other provisions set forth in Chapter 19.001 (7) (a) above. Upon the filing of the complaint, the City Administrator shall issue a notice or summons signed by the City Administrator commanding the license or permit holder complained of to appear before the License Committee to show cause why his or her license or permit should not be suspended or revoked for reasons set forth in the complaint or other reasons. A copy of the complaint shall be attached to the notice or summons. The notice or summons shall state the time and place when and where the complaint will be heard before the License Committee. The notice or summons shall be served personally upon the alleged violator at least five (5) days before the date of hearing or by leaving such notice or summons and copy of the complaint at the alleged violator’s place of residence or place of business described under the license or permit with the alleged violator’s agent, servant or employee or any other person in charge of the place of business at least ten (10) days before the day of the hearing.

(c)    PROCEDURE ON HEARING. At the time and place so named in said notice or summons the alleged violator may appear in person and admit or deny the allegations of the complaint. If the license or permit hold denies the allegations of the complaint, both the complainant and license or permit holder may produce witnesses, cross examine witnesses, and be represented by counsel. The hearing shall be tape recorded or transcribed. The license or permit holder shall be provided a written transcript of the hearing upon request at his or her expense. On motion of either party, the License Committee, in its discretion, may adjourn the hearing from time to time. At the conclusion of said hearing, the License Committee shall make its findings as to the allegations contained in the complaint and make a recommendation as to what, if any, suspension or revocation should be imposed on the license or permit.

If the license or permit holder does not appear at the hearing as required by the notice or summons, the allegations of the complaint shall be taken as true and the License Committee shall then make its recommendation as to what, if any, suspension or revocation should be imposed on the license or permit.

The License Committee shall make its recommendation at the next regularly scheduled Common Council meeting or at any special Common Council meeting if called. Said recommendation shall indicate what action, if any, the Common Council should take with respect to the license or permit. Either the complainant or the license or permit holder may file an objection to the recommendation of the License Committee and shall have the opportunity to present arguments supporting the objection to the Common Council. After considering the recommendation of the License Committee and arguments presented by the complainant or the licensee or permittee, the Common Council shall decide what action, including suspension or revocation, it should take with regard to the license or permit.

(d)    EFFECT OF SUSPENSION OR REVOCATION. When a license or permit is suspended by the Common Council, the suspension shall state the dates for which said suspension will take place including the starting and ending date and to also state any other conditions of said suspension. During said period of suspension the license or permit holder is prohibited from engaging in the activity or business permitted under the license or permit and any violation of said suspension may result in immediate revocation of said license or permit.

If said license or permit is revoked by the Common Council, said revocation shall take place immediately and no portion of any license or permit fee shall be refunded. The City Administrator shall give written notice of the suspension or revocation to the person whose license or permit is suspended or revoked. Any license or permit revoked under this Chapter shall be recorded by the City Administrator and no other license or permit issued under this Chapter may be granted within twelve (12) months of the date of revocation to the person whose license was revoked.

(e)    REFUSAL TO RENEW LICENSE OR PERMIT. The Common Council may refuse to renew a license or permit issued to any person, business or organization under this Chapter for the reasons set forth in Section 19.001 (7) (a). Prior to the time of the renewal of the license or permit, the License Committee or the Common Council, through the City Administrator shall notify the licensee or permittee in writing of the Common Councils intention not to renew the license or permit and further provide the licensee or permittee the opportunity for a hearing.

The notice to non-renew shall state the reasons for the intended actions. The hearing shall be conducted as provided in Section 19.001 (7) (c).

(f)    REFUSAL TO ISSUE LICENSE OR PERMIT. If the Common Council decides not to issue any new license or permit applied for under this Chapter, the Common Council through the City Administrator shall notify the applicant for the license or permit of the decision not to issue the license or permit. The notice shall be in writing and state the reason for the decision.

(8)    SPECIAL ISSUANCE OF LICENSE OR PERMIT. Whenever it appears by the application for a license or permit required under this Chapter that the applicant would be entitled to such license or permit and that there is a need for said license or permit to be issued before consideration by the License Committee and/or approval by the Common Council at its next regularly scheduled meeting, then the Mayor may, except when it is otherwise specifically provided, by an order signed by him, direct the City Administrator to issue such license or permit to be effective only until the application can be reviewed by the License Committee and voted on by the Common Council. If the Common Council shall deny the license or permit, the applicant shall immediately cease operation under said license or permit. The Common Council may modify or impose any other conditions on said license or permit as is appropriate.

(9)    PERSON AND OWNER DEFINED. A person or owner can mean any natural person, sole proprietorship, partnership, corporation or association or any other entity whether a person or business applying for a license or permit.