§ 8-104. Issuance or denial or operator's licenses.

(a)

Approval of license. After the village board approves the granting of an operator's license, the village clerk/treasurer shall issue the license. Such licenses shall be issued and numbered in the order they are granted and shall give the applicant's name and address and the date of the expiration of such license.

(b)

Denial of license.

(1)

If the application is denied by the village board, the village clerk/treasurer shall, in writing, inform the applicant of the denial, the reasons therefor, and the opportunity to request a reconsideration of the application by the village board in a closed session. Such notice must be sent by registered mail to, or served upon, the applicant at least ten days prior to the village board's reconsideration of the matter. At such reconsideration hearing, the applicant may present evidence and testimony as to why the license should be granted.

(2)

If, upon reconsideration, the village board again denies the application, the village clerk/treasurer shall notify the applicant in writing of the reasons therefor. An applicant who is denied any license upon reconsideration of the matter, may apply to circuit court pursuant to Wis. Stats. § 125.12(2)(d) for review.

(c)

Factors in granting or denial of license.

(1)

Consideration for the granting or denial of a license will be based on:

a.

Arrest and conviction record of the applicant, subject to the limitations imposed by Wis. Stats. §§ 111.321, 111.322, and 111.335;

b.

The financial responsibility of the applicant;

c.

The appropriateness of the location and the premises where the licensed business is to be conducted; and

d.

Generally, the applicant's fitness for the trust to be reposed.

(2)

If a licensee is convicted of an offense substantially related to the licensed activity, the village board may act to revoke or suspend the license.

(d)

Basis for denial. An application may be denied based upon the applicant's arrest and conviction record if the applicant has been convicted of a felony (unless duly pardoned) or if the applicant has habitually been a law offender. For purposes of this licensing procedure, the term "habitually been a law offender" is generally considered to be an arrest or conviction of at least two offenses which are substantially related to the licensed activity within the five years immediately preceding the license application. Because a license is a privilege, the issuance of which is a right granted solely to the village board, the village board reserves the right to consider the severity, and facts and circumstances of the offense when making the determination to grant, deny or not renew a license. Further, the village board, at its discretion, may, based upon an arrest or conviction record of two or more offenses which are substantially related to the licensed activity within the five years immediately preceding, act to suspend such license for a period of one year or more.

(Code 1989, § 7-2-34)

State law reference

Revocation, suspension, refusal to issue, Wis. Stats. § 125.12.