(a) License Required. No person shall engage in the business of owning and/or operating a synthetic drug establishment, either exclusively or in connection with any other business enterprise, in the Village of Edgar without first obtaining a license for each synthetic drug establishment. Each licensee shall be eighteen (18) years of age or older.
(b) License Applications.
(1) An application for a synthetic drug establishment license shall be made to the Village of Edgar in letter format or on forms supplied by the Village containing the following information:
a. A description of the business, including a general description of the types of merchandise sold;
b. A description of the location of the premises to be licensed;
c. The full names and addresses of the property owner, business owner, business manager or agent, lessee, and business operator, and the date of birth and contact information (email address; cellphone, landline and fax numbers) of each;
d. If the applicant is a partnership, limited liability corporation or corporation, the full names and residence addresses of each of the partners including limited partners, and the address of the business entity if different from the address of the synthetic drug establishment; and
e. A statement from each of the above individuals as to whether any of the aforementioned individuals have ever been convicted of any crime or offense other than a traffic offense, and if so, a description of the offense, including date, time, place and disposition.
(2) An annual license per Section 1-3-1 shall be paid at the time the application is filed with the Village Administrator. The fee will not be prorated and is non-refundable. A separate license shall be obtained for each place of business. Unless suspended or revoked, a license shall be effective from January 1 through December 31 annually.
(c) Investigation; Report; Delinquent Taxes.
(1) The Village Administrator shall notify, as appropriate, law enforcement authorities, Fire Inspector and health inspection officials of each new and renewal application.
Such authorities shall investigate whether the applicant and/or premises subject to licensing will be able to comply with all regulations, ordinances and laws applicable thereto, including, but not limited to, requesting information from the State of Wisconsin, other states, municipalities and/or any community where the applicant has previously resided or operated a business concerning the applicant's arrest and conviction record.
(2) Based upon such investigations, the law enforcement authorities, Fire Inspector and health inspection officials shall recommend, in writing, to the Village Board approval, conditional approval or denial, with the reasons provided for such recommendation.
(3) No license shall be renewed without an investigative report as originally required.
(4) No license shall be issued for operations on any premises or with any equipment for which taxes, assessments, forfeitures or other financial claims of the Village of Edgar are delinquent and unpaid.
(d) License Determination.
(1) Opportunity shall be given by the Village Board to any person to be heard for or against the granting of a license.
(2) If the Village Administrator or other Village official finds that they have insufficient information to evaluate the license application, they may request that the applicant or his/her agent file an amended application or appear at a reasonable time and place to give under oath information concerning the application. No license shall be granted to any applicant who refuses to cooperate with the investigation process or who fails to appear, personally or by his/her agent, before the Village Board when the license application is under consideration.
(3) No license under this Chapter shall be issued unless it is approved by the Village Board, upon the recommendation of the investigating/inspecting authorities, and unless the establishment has passed fire and health inspections. The Village Board shall not approve any new or renewal license application if there are reasonable grounds to believe that:
a. The granting of said license would result in a violation(s) of the law;
b. The license application contains false or misleading information or statements;
c. The location of the proposed licensed premises is not appropriate; and/or
d. Other good cause exists for denying the license.
(4) An application may be denied based upon the applicant's or his/her manager's arrest and conviction record if the applicant or his/her manager has been convicted of a felony (unless duly pardoned) or if the applicant or manager has habitually been a law offender. For purposes of this licensing procedure, "habitually been a law offender" is generally considered to be an arrest or conviction of at least two (2) offenses which are substantially related to the licensed activity within the five (5) years immediately preceding the license application. Because a license is a privilege, the issuance of Synthetic Drug Establishments which is a right granted solely to the Village Board, the Village Board reserves the right to consider the severity, and the facts and circumstances of the offense when making its determination to grant, deny or not renew a license. In addition, the Village Board, at its discretion, may, based upon an arrest or conviction of two (2) or more offenses which are substantially related to the licensed activity within five (5) years immediately preceding, act to suspend such license for a period of up to one (1) year or revoke the license.
(5) If the Village Board denies the license, the applicant shall be notified, in writing, by personal service or certified mail, of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the Village Board and to provide evidence as to why the denial should be reversed. Written notice of any reconsideration shall be mailed to the applicant a minimum of seven (7) days prior to the Village Board meeting at which the application is to be reconsidered.
(e) Posting of License. Every person licensed in accordance with the provisions of this Chapter shall post such license and keep the same posted in a conspicuous place on the premises.
(f) Suspension or Revocation of Licenses. The Village Board may suspend or revoke any license issued under this Chapter, if, after giving the licensee the opportunity to be heard on the matter, the Village Board finds:
(1) The licensee has violated a provision of this Chapter or any other law relating to the conduct of its operation including, but not limited to, federal, state or local laws;
(2) The licensee secured the license through misrepresentation or fraud regarding any material fact in the license application;
(3) The failure of the licensee to cooperate with law enforcement, fire or health authorities in any investigation relating to their operations or failure to admit law enforcement officers into the establishment at any time when people are present in the establishment;
(4) The establishment is operated in such a way as to endanger public health or safety; or
(5) The establishment is operated in such a way as to constitute a public nuisance under Sec. 823.07, Wis. Stats., or Village ordinances.
(g) Consent to Entry. Every applicant procuring a license thereby consents to the entry of law enforcement authorities or duly authorized representatives of the Village of Edgar at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles that are in violation of Village ordinances or state laws, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.
(h) Licensee or Permittee Responsible for Acts of Help. A violation of this Chapter by a duly authorized agent or employee of a licensee under this Chapter shall constitute a violation by the licensee.