§ 18-809. Enforcement.

(a)

License non-renewal, suspension or revocation.

(1)

Causes for license non-renewal, suspension or revocation. The village board may refuse to renew, suspend or revoke a license for any violations of this section or if the applicant is not qualified to hold the license.

(2)

License non-renewal, suspension and revocation procedures.

a.

In order to commence the procedure for a license non-renewal, suspension or revocation, the village shall notify the licensee in writing by certified mail, return receipt requested, of the alleged violation or cause and the intent of the village to seek a non-renewal, suspension or revocation of the license.

b.

The licensee shall be entitled to a public hearing before the village board regarding the license non-renewal, suspension or revocation, upon written request to the village clerk within ten days of receipt of the notification required in subsection (a)2.a.

c.

Any public hearing requested pursuant to subsection (a)2.b, shall take place within ten days of the filing of such written request.

d.

At the hearing both the village and the aggrieved party may be represented by an attorney, present evidence, call and examine witnesses, cross-examine witnesses of the other party, and make opening and closing statements. Such witnesses shall be sworn. The village president shall be the presiding officer at the hearing.

e.

Attorneys may issue subpoenas to compel attendance of witnesses or the production of evidence. Subpoenas issued must be in substantially the same form as provided in Wis. Stats. § 805.07(4), and must be served in the manner provided in Wis. Stats. § 805.07(5). Copies of the subpoenas must be served on the opposing party.

f.

The board shall cause the proceedings to be recorded by a stenographer, the expense thereof to be paid by the village. Costs for copies of any transcripts or transcription of a recording shall be paid by the party requesting the transcript or transcription. All exhibits shall be marked and preserved.

g.

Within ten days of the completion of any hearing the village board shall determine if cause for non-renewal, suspension or revocation exists. If no public hearing is requested, the village board shall make a determination within 20 days of the notification date.

h.

The village board shall issue its determination in writing and provide it within five days to the licensee by certified mail, return receipt requested.

i.

If a license period expires while a non-renewal, suspension or revocation procedure is pending, then the non-renewal, suspension or revocation of any license shall be stayed pending the issuance of a determination by the village board. The non-renewal, suspension or revocation of a license shall become effective 30 days following the issuance of a decision by the village board, if judicial review is not commenced as provided in this section.

j.

If judicial review of such determination by the village board is timely commenced, then license non-renewal, suspension or revocation shall not become effective until judgment is entered.

k.

Any person aggrieved by such a decision of the village board shall be entitled to immediately appeal the board's decision in circuit court. Such an appeal must be made within 30 days of the licensee's receipt of the written decision by the board. The village explicitly elects not to be governed by Wis. Stats. ch. 68 and to provide the review procedures described in this section.

l.

Any person whose license is non-renewed, suspended or revoked shall not be eligible to receive a license for a period of five years from the effective date of the suspension or revocation.

(b)

Violations.

(1)

Penalties. Any person who violates this section will be subject to a monetary forfeiture in the amount of $500.00 for each violation. Each day that a violation exists shall constitute a separate violation and be punishable as such.

(2)

Injunction. Compliance with the provisions of this section may also be enforced by an injunction properly issued by a court of competent jurisdiction upon the request of the village.

(3)

Non-exclusivity. The imposition of any penalty under this section or the seeking of an injunction shall not impair the right of the village to seek a non-renewal, suspension or revocation of a license as provided in this section.

(Ord. No. 4-O-2000, § 1, 3-20-2000)