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TOWN OF BRADLEY'S GENERAL CODE

 

CHAPTER 4:  GENERAL PROVISIONS

 

4.10  FEES/PENALTIES

     

         The Town Board of the Town of Bradley has, by this ordinance, required and confirmed the following licenses, registrations or permits and the Town Board of the Town of Bradley has established that the following will be the fees to be paid by any person or corporation, to the Town of Bradley for the noted licenses, registrations and permits, and the following will be the penalties to be paid by any person or corporation to the Town of Bradley for violations of these ordinances and the violations of the license, registration, and permit conditions:

 

4.11 MOBILE HOME PARK/MOBILE HOME LICENSE

 

                  a.) License                                                                                      AMOUNT

                              1. Mobile Home Park                                                    $2.00 per space

                                                                                                                  with $25.00 minimum

 

                              2. Mobile Home Parking Fee                                          see 66.058(3) Stats.

 

                  b.) Penalty for Violation of Section 5.10                                 Forfeiture of $10.00

                                                                                                                  to $200.00, except

                                                                                                                  $25.00 for Section

                                                                                                                  5.10(3) (b).

 

4.12 INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE AND PERMIT

 

                                                                                                                              AMOUNT

                  a.) License/Permit

                              1. Class A Fermented Malt

                                  Beverage Retailer                                                                 $10.00

 

                              2. Class B Fermented Malt

                                  Beverage Retailers                                                                $50.00

 

                              3. Temporary Class B

                                  - Beer                                                                                      $1.00

                                  - Wine                                                                                      $1.00

 

                              4. Retail Class A Liquor                                                             $200.00

                 

                              5. Retail Class B Liquor                                                             $200.00

 

                              6. Operators                                                                                 $1.00

                                  - Provisional                                                                              $1.00

 

                              7.  Provisional - Retail                                                                  $15.00

 

 

                  b.) Penalty for Violation

                  of Section 5.20                                                                          Forfeiture of

                                                                                                                    $100.00 to $500.00

                                                                                                                    and/or revocation,

                                                                                                                    suspension, or

                                                                                                                    refusal to renew.

 

 

4.13 MISCELLANEOUS LICENSES AND PERMITS

               a.) Highway Access Permit                                                                NO FEE

             

               b.) Recycling Permit                                                                          NO FEE

                          (see section 6.24 for penalty)

 

  c.) Building Permit Fee                                                                        NO FEE

                 

 

4:20  GENERAL LICENSE AND PERMIT ORDINANCE PROVISIONS

 

 

          1) The terms "license", "registration", and "permit" may be used in these ordinances, and by the Town of Bradley, and its officers, employees, and agents, interchangeably.  All references herein to "town" pertain to the Town of Bradley; and all references herein to "town board" pertain to the Town Board for the Town of Bradley.  All references herein to "town clerk" pertain to the Town Clerk for the Town of Bradley.  All references herein to "person" shall apply equally to individuals, partnerships, or corporations.

                   

          2) No person shall engage or allow on land owned, used or leased by that person in the Town of Bradley any particular use, activity, business or operation until that person has obtained the required license, registration or permit as established by the Town of Bradley in this ordinance.

         

          3) Unless expressly provided herein or by other Town of Bradley Ordinance provisions, all licenses, registrations and permits shall be issued to commence on July 1 and expire on the next June 30 in the fiscal year of issuance or upon the date specifically noted in the license, registration or permit and in either case the license, registration or permit expires after midnight on the last effective date.

 

          4) The license, registration or permit shall be issued to the applicant by the Town Clerk of the Town of Bradley.  If the license, registration or permit is for a particular premises, a particular use, a particular activity, a particular business or a particular operation, the particular use, activity, business or operation shall be clearly described in the license, registration or permit.  No license, registration or permit is transferable, unless specifically provided herein or by other Town of Bradley Ordinance provisions, to another person without consent of the Town Board of Town of Bradley.  If specific conditions are established in the license, registration, or permit, those conditions shall be expressly noted in writing on the license, registration, or permit and shall be accepted by the applicant by signature prior to issuance by the Town Clerk, of the license, registration or permit.

 

          5) Failure to fully comply with the conditions of the license, registration or permit or failure to fully comply with these ordinances will allow the Town Board to suspend or revoke the license registration or permit and to take whatever other necessary legal action provided for by these ordinances and state law.  All suspension or revocation of any license, registration or permit will be after hearing, unless emergency conditions require immediate and temporary suspension by the Town Board.  Following any temporary suspension, written notice of same shall be served on and mailed to the last known address of the licensee or permittee.  Such notice shall include a statement that the party may make a written request for a hearing before the Town Board within 30 days, by mailing or delivering to the Town Clerk a request for hearing.

 

          6) Unless expressly provided herein, or by other Town Ordinance provisions, all applications for re-issuance and renewal of any Town licenses, registrations, or permits will be filed by the licensee, registrant, or permittee with the Town Clerk, within 60 days before the expiration date of the previous license, registration, or permit.

 

 

          7) Unless expressly provided herein, or by other Town Ordinance provisions, the person or corporation, once issued the license by the Town Clerk, consents to the entry of the Town Board or any designee of the Town Board upon the licensed premises at reasonable hours for regulatory inspection.  Further, the person or corporation, consents to allow the Town Board or any designee to remove from the premises and to introduce into evidence at hearings related to alleged violations of this chapter, all relevant items and products found therein.  The person or corporation issued a license, shall comply with all applicable federal and state laws, applicable federal and state regulations, and applicable Town of Bradley Ordinances.

 

          8) Unless expressly provided herein, or by other Town Ordinance provisions, any license, registration or permit may be suspended or revoked for cause after the proper hearing noted below, unless in an emergency condition determined by the Town Board, wherein the license, registration or permit can be suspended temporarily for a set time period.  Prior to any action for suspension revocation, the Town Board must, by the Town Clerk, receive a written complaint concerning the licensee, registrant or permittee.  The following persons may file a complaint with the Town Board:

 

             a) Town Chairperson

             b) Town Clerk

             c) Town Supervisors

             d) Town Constable

             e) Any Town of Bradley Resident.

 

          9) The person or corporation subject to charges for violation of any Town Ordinance, or violation of any condition of any license, shall be provided a copy of the complaint, and notice of hearing before the Town Board.  The hearing shall be required to be not less than 3 days, nor more than 14 days, after receipt of notice, unless stipulated in writing by the Town Board and the person or corporation subject to charges.  All alcohol license hearings, pursuant to s. 125.12 Stats., must be held not less than 3 days and not more than 10 days from the date of issuance of a summons.

 

         10) The Town Board may, after the hearing for any person or corporation previously issued a license by the Town Board, act as follows:

 

             a) Revoke the license, registration or permit as a final decision.

 

             b) Suspend the license, registration or permit for a  date certain as a final decision.  All suspensions of alcohol licenses shall be for not less than 10 days nor more than 90 days.

 

             c) Request additional information as an interim decision prior to taking future action.

 

             d) Make appropriate conditions for continuance or renewal of the license, alone or in conjunction with any other action(s) authorized herein, as a final decision.

 

             e) Take no action as a final decision.

 

         11) If no hearing is requested by the person or corporation subject to charge within the time herein noted (or in the case of alcohol license hearings, the person or corporation does not appear at the hearing), the license, registration or permit shall be revoked by the Town Board.

           

         12) Specific reasons that may be considered, at minimum, by the Town Board in determining whether to initially issue or not issue a license, or to revoke or suspend a license are as follows:

 

             a) A false statement was made in the application, or included in the material attached to the

                 application by the applicant.

             b) The applicant was not of a good moral character.

             c) The applicant was not a citizen of the United States, or was not a legal alien.

             d) The use, activity, business or operation as proposed by the applicant will be detrimental to the

                 peace, health, safety and general welfare of  the public of the Town.

             e) The use, activity, business or operation as proposed by the applicant will likely cause a

                 public nuisance in the Town.

             f) The use, activity or operation as proposed by the applicant will not likely conform or meet the

                 conditions of the ordinance or any specific state or federal law or regulation.

             g) The applicant, if a corporation, was not authorized to do business in Wisconsin.

             h) The applicant was not of age.

             i) The applicant was not legally competent.

             j) The applicant did not meet the specific conditions for issuance of a specific license,

                 registration or permit.

                          

         13) In each case where a license is refused issuance in the first   instance, or refused to be renewed, or where the license is suspended or revoked, the Town Board shall do so based upon rational reasons, and notice of the decision and reasons for the decision shall be conveyed by the Town Clerk to the applicant, or licensee.

 

 

4.30 ADMINISTRATION

 

             Unless otherwise noted by order of the Town Board, the Town Clerk shall be the officer of the Town responsible for administration of the Town licenses, registrations and permits.