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.

5.44.050    License suspension, revocation, or nonrenewal.

5.44.055    Surrender of license.

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)

5.44.050 License suspension, revocation, or nonrenewal.

A.    Causes. The Common Council may suspend, revoke, or refuse to renew any license issued under this title for cause after notice to the licensee and a hearing. Causes shall be defined under each license chapter or as stated in the applicable Wisconsin statute.

B.    Commencement of Proceedings. The Legislative and Licensing Committee may initiate suspension, revocation, or nonrenewal proceedings upon its own motion or upon a sworn written complaint made and filed with the City Clerk by the Police or Fire Chief or Building Inspector. A resident of a municipality may initiate a complaint for licenses issued pursuant to Chapter 125, Wisconsin Statutes, if such complaint is in compliance with Section 125.12(2)(ag), Wisconsin Statutes, as amended.

C.    Procedure.

1.    Upon receipt of a sworn complaint or its own motion, the Legislative and Licensing Committee shall direct the City Attorney to have a summons and complaint or summons prepared and have them or it served upon the licensee pursuant to Section 801.11, Wisconsin Statutes.

2.    The summons must contain: the date and time for appearance by the licensee; a statement of the Common Council’s intention to suspend, revoke, or not renew the license in the event any of the allegations are found to be true; a statement of the reasons for suspension, revocation, or nonrenewal; notification of the licensee’s opportunity to be heard, respond to and challenge the reasons for suspension, revocation, or nonrenewal, file a written answer to the complaint with the City Clerk prior to the date and time listed in the summons instead of appearing for the summons, to present and cross-examine witnesses under oath, and the right to be represented by counsel of the licensee’s choice at the licensee’s expense.

3.    Licensee’s Appearance and Answer.

a.    If the licensee fails to appear on the date and time designated in the summons or fails to file a written answer to the complaint with the Clerk prior to the date and time designated in the summons, the Legislative and Licensing Committee may enter a default judgment, take the allegations of the complaint to be true and deliberate on what sanction, if any, to recommend.

b.    If the licensee appears before the Legislative and Licensing Committee at the date and time designated in the summons or answers the complaint prior to the date and time designated in the summons and denies the material charges contained in the complaint, an evidentiary hearing shall be scheduled.

c.    If the licensee appears but does not deny the material charges contained in the complaint, the allegations in the complaint may be taken as true and the Committee shall hear the arguments of the complainant and, if applicable, the licensee in connection with whether to suspend, revoke, or not renew the license and the length of the suspension.

4.    If an evidentiary hearing is scheduled before the Committee, the following procedures shall apply:

a.    The complainant and licensee may present witnesses and request that the Committee Chair issue subpoenas for their appearance;

b.    All witnesses must testify under oath or affirmation and shall be subject to cross-examination.

c.    The complainant shall first present evidence in support of the complaint and, after the complainant rests, the licensee may present evidence opposing the charges. The complainant and licensee shall each be limited to one hour for testimony unless the Chair, subject to approval of the Committee, extends the time to assure a full and fair presentation. Questions by Committee members or its advising City attorney and answers to such questions shall not be counted against the time limitations.

d.    At the close of testimony, the complainant and licensee shall be given a reasonable time to make arguments upon the evidence produced at hearing.

D.    Miscellaneous Procedural Matters.

1.    At all stages of the proceedings, the licensee must appear in person or by an attorney at their own expense.

2.    If the complaint is in the name of the Committee or is brought by a City official in his/her official capacity, the complainant shall be represented by a prosecuting City attorney.

3.    The Committee shall be, when required, advised by an advisory City attorney, who shall not be the same individual as the prosecuting City attorney.

4.    The Legislative and Licensing Committee Chair, or their designee as acting Chair, shall be the presiding officer and ensure that an orderly hearing is conducted in accordance with the provisions of this section and direct that oaths and affirmations be administered. The Chair shall rule on objections to the admissibility of evidence. Any ruling of the Chair shall be final unless appealed to the Committee and a majority vote of those members present and voting reverses such ruling. The Chair shall issue subpoenas, drafted by the requester in proper and legal form, upon request of either side.

5.    An audio recording or stenographic record shall be made of all proceedings at the hearing. Any interested party may obtain a copy of the recording or transcript at his or her own expense.

E.    Findings and Recommendations.

1.    After the close of the hearing, or upon admission of the charges, the Committee shall deliberate and reach a decision. The Committee shall prepare findings on factual matters, conclusions of law, and a recommendation on what action, if any, should be taken about the license(s) at issue. The report shall be filed with the City Clerk with a copy to the licensee and complainant. Upon the filing of the report, the Clerk will set a date for the Council to consider and act on the Committee’s recommendation and notify the licensee and complainant in writing of that date by United States first class mail, postage paid, sent to the last known address, that the Common Council will convene to determine the matter.

2.    The licensee and complainant may file a written statement or response to the findings and recommendation, including objections, exceptions, and arguments of fact and law which must be filed with the City Clerk before the close of business on a day that is at least five working days prior to the date set for determination by the Common Council.

3.    The Committee’s findings and recommendations as well as any responses to them from the licensee or complainant shall be distributed to each member of the Common Council at least 24 hours before any vote on the matter is scheduled before the Common Council.

F.    Common Council Action.

1.    Neither the complainant nor the licensee shall be permitted to make oral arguments or further written submissions before the Council.

2.    The Common Council shall determine whether to adopt the recommendation of the Committee or make such modification as it deems appropriate. Such vote shall be a roll call vote. If the Common Council finds the complaint to be untrue or unsupported by sufficient evidence, the proceedings shall be dismissed. The Clerk shall give written notice regarding the Council’s decision to the person whose license is affected.

G.    Prohibition on Future Issuance. If a license is revoked or not renewed by the Council at least one year must elapse before another license issued under the same chapter of this code may be given to the same licensee.

H.    If a state statute requires a different procedure for suspension, revocation, or nonrenewal of a license, the requirements of the statute shall supersede any less stringent procedure contained in this section. (Ord. 2870-24 § 2, 2024)

5.44.055 Surrender of license.

A.    A licensee may, at any time during the license year, surrender a license to the City Clerk, along with a statement, in writing, that the licensee no longer wishes to conduct licensed activity at the licensed premises.

B.    The surrender shall operate to extinguish any right the licensee had to the license or to conduct licensed activity at the premises listed in the license, unless a summons and complaint has been issued against the licensee seeking suspension, revocation, or nonrenewal of the license under Section 5.44.050, in which case, the surrender shall be deemed an admission of charges in the complaint. Such matter shall be referred to the Legislative and Licensing Committee which will follow the procedure in Section 5.44.050(C).

C.    After a license has been surrendered, a previous licensee shall be treated as a new licensee and must fill out the required applications and pay the required fees as all other new license applicants. (Ord. 2870-24 § 3, 2024)