None of the license fee provided for by this chapter shall be so applied to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for a license to place an undue burden upon such commerce, he, she or it may apply to the Town Board for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his, her or its method of business and the gross volume of business and such other information as the Town Board may deem necessary in order to determine the extent, if any, of undue burden on such commerce. The Town Board shall then conduct an investigation, comparing the applicant’s business with other businesses of like nature and shall make findings of fact from which it shall determine whether the fee fixed by this chapter is unfair or discriminatory as to the applicant’s business and shall fix the license fee for the applicant in an amount that is fair, reasonable or non-discriminatory; or if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Town Board shall have the power to use any method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by § 111.09
(Ord. 1986-2, passed 1-8-1986)