Number
031619
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to certain notice requirements of the secondhand motor vehicle and auto wrecker licenses.
Sections
93-9-1 am
93-9-1-b-2 am
93-11-2-a-1 am
93-11-2-a-2-b am
Analysis
The code currently requires that the city clerk provide 10 working days’ notice of hearings before the licensing committee in the following instances:
1. To the applicants for secondhand motor vehicle and auto wrecker licenses if there is the possibility that the license will not be issued.
2. To the holders of these licenses if there is the possibility that the license will not be renewed.
This ordinance reduces the required notice period from 10 to 5 working days.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 93-9-1 of the code is amended to read:
93-9. Committee Action.
1. NOTICE. The [[utilities and licenses]]>>licensing<< committee shall hold a hearing on whether or not to issue each new license. If there is a possibility of denial, no hearing shall be heard unless the city clerk’s office has provided written notice to the applicant. The notice shall be served upon the applicant so that the applicant has at least [[10]] >>5<< working days’ notice of the hearing.
Part 2. Section 93-9-1-b-2 of the code is amended to read:
b-2. A statement to the effect that the possibility of denial of the license applicant exists and the reasons for possible denial. If the possibility of denial is based on the fitness of the location of the premises to be licensed, the notice shall also be served upon the owner of the premises so that the owner has at least [[10]] >>5<< working days’ notice of the hearing. Notice to the owner of the premises shall contain the same information and statements included under this paragraph related to the notice to the applicant.
Part 3. Section 93-11-2-a-1 of the code is amended to read:
93-11. Renewal of License.
2. PROCEDURE FOR NON-RENEWAL.
a. Notice.
a-1. The [[utilities and licenses]]>>licensing<< committee shall be responsible for holding hearings regarding the non renewal of licenses. If there is a possibility that the committee will not renew a license, a motion should be entertained to hold the application in committee and instruct the city clerk to forward proper notice to the applicant, unless [[such]] proper notice has already been sent, in which case the hearing shall proceed. The notice shall be served upon the applicant so that the applicant has at least [[10]] >>5<< working days’ notice of the hearing.
Part 4. Section 93-11-2-a-2-b of the code is amended to read:
a-2-b. A statement to the effect that there is a possibility of nonrenewal or suspension. If the possibility of nonrenewal or suspension is based on the fitness of the location of the premises to be licensed, the notice shall also be served upon the owner of the premises so that the owner has at least [[10]] >>5<< working days’ notice of the hearing. Notice to the owner of the premises shall contain the same information and statements included under this paragraph related to the notice to the applicant.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
License Division
Drafter
LRB04102-3
TWM/mbh
8/13/2007