9.050 Nonissuance, Suspension, or Revocation of License.

(1) License Regulated. The Public Utilities and Licensing Committee may deny, grant, suspend, revoke or choose not to renew any license issued pursuant to this chapter for violations of ordinances or laws regulating the licensed activity and for other good cause.

(2) Effect of Delinquent Taxes, Assessments or Special Charges. Unless otherwise specifically provided, licenses required under the provisions of this chapter shall not be issued:

(a) Premises. For any premises for which taxes, assessments or special charges are delinquent and unpaid.

(b) Persons. To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license is sought.

(3) Automatic Revocation. The license of any establishment is automatically revoked when the business is not operated for 30 days or longer, unless it is seasonal. Except for seasonal businesses, when an establishment is closed for a period of more than 30 days, and the establishment reopens, it shall be considered a new establishment and may not be reopened until granted a new license in accordance with this section.

(4) Reinstatement of License. Any establishment, the license of which has been suspended, may at any time make application for reinstatement of the license. After the receipt of a satisfactory application accompanied by a signed statement by the applicant and any applicable proof that the violated provision or provisions of this chapter have been conformed with, the Building Inspector shall make an inspection of the premises to ensure compliance. If the applicant is complying with the requirements of this chapter, the Public Utilities and Licensing Committee may reinstate the license.

(5) Appeal.

(a) Within 30 days of the date after issuing a written notice to suspend, revoke or nonrenewal of a license, any aggrieved party may make a written request for a hearing. The Public Utilities and Licensing Committee shall set a date and time for a hearing on the matter, not less than three days nor more than 15 days after receiving the written request for a hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross-examine witnesses of another party. Such witnesses shall be sworn or affirmed by the City Clerk. The Public Utilities and Licensing Committee shall act as the decision maker. Within 10 days of the hearing, the City Clerk shall issue the written determination of the Public Utilities and Licensing Committee specifying the reasons for the decision and shall mail it to all interested parties.

(b) Within 30 days from the date of notice of the Public Utilities and Licensing Committee determination on the parties from the hearing, any person aggrieved thereby may appeal such decision to the Common Council.

(c) Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On appeal the Public Utilities and Licensing Committee shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal.

(d) Any party to the proceeding or their counsel who may be adversely affected by a decision of the Public Utilities and Licensing Committee may appear and present oral arguments and evidence to the Common Council. In addition, the Council may request briefs from the parties and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the Council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented.

(e) The Council may reverse, affirm or modify the decision of the Public Utilities and Licensing Committee, and to this end may direct issuance or nonissuance of any license. Within 10 days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal. Such notice shall specify the grounds for the decision.

(f) Any applicant aggrieved by the decision of the Common Council or any person so aggrieved may seek such other legal relief as may be available.

[Prior code § 9.05]