Suspension, Revocation, and Nonrenewal of Permit., Chapter 8. Weights and Measures, Municipal Code, Code of Ordinances, West Allis

Revocation of Permit.

Any permit issued under this section may be suspended, revoked, or nonrenewed for cause by the Common Council after notice to the permittee and a hearing. Permits may be suspended, revoked, or not renewed for the following causes:

The making of any material false statement in any application for a permit.

The violation of any of the applicable provisions of Chapter 8 of the West Allis Revised Municipal Code.

The violation of any of the applicable provisions of Wisconsin Statutes Chapter 98, ATCP Chapters 90, 91, and 92 of the Wisconsin Administrative Code, or the National Institute of Standards and Technology Handbook, as related to weights and measures.

The failure to pay any of the items listed in Section 1.08(9)(a) and (b) of this Code.

Commencement of Proceedings. Suspension, revocation, or nonrenewal proceedings may be instituted by the License and Health Committee of the Common Council upon its own motion or upon sworn written charges made and filed with the City Clerk by the Health Commissioner.

Procedure.

Upon receipt of a sworn complaint, either from the Health Commissioner or upon directive of the Committee, the License and Health Committee shall direct the City Attorney to prepare a summons and have the summons and complaint served upon the permittee pursuant to § 801.11 of the Wisconsin Statutes.

The summons and complaint shall contain the date and time for appearance by the permittee; a statement of the Common Council's intention to suspend, revoke, or not renew the permit in the event any of the allegations are found to be true; a statement of the reasons for suspension, revocation, or nonrenewal; notification to the permittee of an opportunity to be heard, respond to and challenge the reasons for suspension, revocation, or nonrenewal and to present and cross examine witnesses under oath; and notification to the permittee of the right to be represented by counsel of the permittee's choice and at the permittee's expense.

If the permittee fails to appear on the date and time designated in the summons, the License and Health Committee may enter a default judgment and take the allegations of the complaint to be true. The License and Health Committee shall then deliberate on what sanction, if any, to impose.

If the permittee appears before the License and Health Committee at the date and time designated in the summons and denies the material charges contained in the complaint, an evidentiary hearing shall be scheduled. If the permittee does not appear or appears but does not deny the material charges contained in the complaint, the complaint may be taken as true and the Committee shall hear the arguments of the complainant and, if applicable, the permittee in connection with whether to nonrenew, revoke, or suspend the permit and the length of the suspension.

If the matter proceeds to hearing before the Committee, the following procedures shall apply:

(a)

The complainant shall first present evidence in support of the complaint.

(b)

After the complainant rests, the permittee may present evidence in opposition to the charges.

(c)

The complainant and permittee may subpoena and present witnesses. All witnesses shall testify under oath or affirmation and shall be subject to cross examination.

(d)

The complainant and permittee shall each be limited to one (1) hour for testimony unless the Chair, subject to approval of the Committee, extends the time to assure a full and fair presentation.

(e)

Questions by Committee members or the advising City Attorney, and answers to such questions, shall not be counted against the time limitations.

(f)

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

Miscellaneous Procedural Matters.

At all stages of the proceedings, the permittee shall be entitled to appear in person or by an attorney at his or her own expense.

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.

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

The Chair of the License and Health Committee shall be the presiding officer. The Chair shall direct that oaths and affirmations be administered and subpoenas issued upon request of either side. The Chair shall ensure that an orderly hearing is conducted in accordance with the provisions of this section. 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.

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.

Findings and Recommendations.

After the close of the hearing, 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 with regard to the permit(s) at issue. The report shall be filed with the City Clerk, with a copy to the permittee and complainant. The findings and recommendations shall be distributed to each member of the Common Council.

The permittee and complainant may file a written statement or response to the findings and recommendations, including objections, exceptions, and arguments of fact and law. A written statement must be filed with the City Clerk before the close of business on a day that is at least three (3) working days prior to the date set for determination by the Common Council. Copies of written statements shall be provided to each member of the Common Council at least twenty-four (24) hours before any vote on the matter is scheduled before the Common Council.

Common Council Action.

Not less than five (5) working days prior to the matter being scheduled before the Common Council, the City Clerk shall notify the permittee and complainant by United States first-class mail, postage prepaid, sent to the last known address, that the Common Council will convene to determine the matter.

Unless an Alderperson states that he/she has not read the findings and recommendations and written statements, if any, the matter shall proceed to debate amongst members of the Common Council. Neither the complainant nor the permittee shall be permitted to make oral arguments.

The Common Council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the Committee or make such modification as is deemed appropriate. Such vote shall be a roll call vote. Upon an affirmative vote suspending, revoking, or not renewing the permit(s), the Clerk shall give notice to the person whose permit is affected. If the Common Council finds the complaint to be untrue or unsupported by sufficient evidence, the proceedings shall be dismissed without cost to the accused.

Surrender of Permit.

A permittee may, at any time during the permit year, surrender a permit to the Health Department, along with a statement, in writing, that the permittee no longer wishes to conduct permitted activity at the permitted premises.

Except as set forth in Subsection (g)(3) below, the surrender shall operate to extinguish any right the permittee had to the permit or to conduct permitted activity at the premises listed in the permit.

If a summons and complaint has been issued against the permittee seeking suspension, revocation, or nonrenewal of the permit, the surrender of the permit shall be deemed a request and the matter shall be referred to the License and Health Committee. The Committee may approve the request or deny the request and proceed to hearing.

Any request to have a surrendered permit returned shall be treated as a new permit application and the requestor must fill out the required applications and pay the required fees. The request shall thereafter be treated as all other new permit applications.

Prohibition on Future Issuance. If a permit is revoked or not renewed due to action by the License and Health Committee, at least two (2) years shall elapse before another permit may be given to the same permittee.