Number
040773
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to procedures for the issuance of carnival site permits and Class "B" special licenses.
Sections
87-14-0 am
87-14-1-0 am
87-14-2-0 am
87-14-3 rc
87-14-4 rn
87-14-4 cr
87-14-5 cr
87-14-6 cr
90-4-7-d rc
90-4-7-e rn
90-4-7-f rn
90-4-7-g rn
90-4-7-e cr
90-4-7-f cr
90-4-7-g cr
Analysis
This ordinance establishes a procedure for the application for and the granting and denial of carnival site permits and Class "B" special licenses. The ordinance requires those seeking carnival site permits and Class "B" special licenses to apply for them to the city clerk no later than 45 days before the event for which the permit or license is sought is to be held. Applications for carnival site permits are then referred to the common council member representing the district in which the premises for which the permit or license is sought is located. The common council member is given criteria based on which he or she may grant or deny each carnival site application. Applicants may appeal denials to the licensing committee of the common council. Applicants for "Class B" special licenses shall be issued a license upon payment and application unless a written objection to the application has been filed. If a written objection has been filed the application shall be forwarded to the licensing committee of the common council for a hearing. This ordinance shall apply to all carnival site permits for events taking place on and after January 1, 2006 and to Class "B" special license applications for events taking place on and after January 1, 2006.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 87-14-0 of the code is amended to read:
87-14. [[Carnivals]] >>Carnival Site Permits<<.
Part 2. Section 87-14-1-0 of the code is amended to read:
1. [[DEFINITION]]>>DEFINITIONS<<.
Part 3. Section 87-14-2-0 of the code is amended to read:
2. >>PERMIT,<< REGISTRATION REQUIRED.
Part 4. Section 87-14-3 of the code is repealed and recreated to read:
3. APPLICATION. a. Basic Requirement. Any person desiring a carnival site permit shall apply for the permit not less than 45 days before the date for which the permit is sought. The application shall be made in writing on a form provided therefor by the city clerk. The application shall require:
a-1. The name, permanent address and telephone number of the applicant.
a-2. The specific location of the carnival.
a-3. The dates during which the carnival shall be set up, maintained or operated.
a-4. The hours during which the carnival will operate.
a-5. The name of the carnival operator to be employed.
a-6. Such other reasonable and pertinent information which the city clerk or common council may require.
b. Alternative Dates Due to Inclement Weather. Applicants for carnival site permits may at the time of application specify on the application alternative dates during which the carnival shall be set up, maintained or operated.
Part 5. Section 87-14-4 of the code is renumbered 87-14-7.
Part 6. Section 87-14-4 to 6 of the code is created to read:
4. APPROVAL BY COUNCIL MEMBERS. a. The completed application shall be referred to the common council member representing the district in which the site for which the permit is sought is located. The common council member shall determine whether to grant each carnival site permit and shall inform the city clerk of his or her decision.
b. In making his or her determination, the common council member shall consider the following factors:
b-1. The appropriateness of the location and site for which the permit is sought and whether the event for which the permit is sought will create undesirable neighborhood problems.
b-2. The hours during which the carnival would be operated on the site and the likely effect of the carnival on the surrounding area.
b-3. Whether previous permits granted to the same applicant or to other applicants for the same site have resulted in neighborhood problems including, but not limited to, complaints of loud music, noise, litter, disorderly assemblages, loitering or public urination.
b-4. Whether the applicant has been charged or convicted of any felony, misdemeanor, municipal offense or other offense, the circumstances of which substantially relate to the activity for which the permit is sought.
b-5. Any other factors which reasonably relate to the public health, safety and welfare.
5. ISSUANCE. a. Permit. Upon approval of the common council member of the completed carnival site permit application and payment of the permit fee specified in s. 81-17, the city clerk shall issue the carnival site permit and transmit notice of the permit to the chief of police, the commissioner of neighborhood services and the commissioner of health. The carnival site permit shall include the following information:
a-1. The specific location of the carnival.
a-2. The dates during which the carnival will be set up, maintained or operated.
a-3. The name of the person to whom the permit is issued.
b. Whenever a permit holder wishes to invoke the alternative dates specified on the application pursuant to sub. 3-b, the permit holder shall submit to the city clerk the carnival site permit issued for the original dates and a sworn written statement that no carnival was operated on the dates specified on the permit. The city clerk shall issue the new carnival site permit in accordance with this subsection.
c. No carnival shall operate at any site in the city between the hours of midnight and 10 a.m., or for more than 7 consecutive days.
6. APPEAL PROCEDURE. a. In the event an application for a carnival site permit is denied by a common council member, an applicant may appeal the decision of a common council member to the licensing committee of the common council. A hearing of an appeal shall be conducted as set forth in s. 90-5-8-b. The committee may make a decision immediately following the hearing or on a later date. In making its decision, committee members may consider the factors set forth in sub. 4-b. Written notice of the committee's decision will be provided if the decision is made at a later date or if the applicant was not present. In these instances, the decision of the licensing committee shall be final and the applicant shall have no right of appeal to the common council.
b. In those instances in which a permit is sought for a site in a district where the common council seat is vacant, the application shall be referred directly to the licensing committee of the council for a decision as to whether to grant the permit. A hearing on whether to grant a permit shall be conducted as set forth in s. 90-5-8-b. In making its decision, committee members may consider the factors set forth in sub. 4-b.
c. An applicant may appeal the decision of the licensing committee to the common council. In the case of an appeal, the committee shall forward its decision in writing to the common council for vote at the next meeting at which such matter will be considered. In making its decision, common council members may consider the factors set forth in sub. 4-b.
d. The city clerk may issue a carnival site permit to an applicant who files his or her application fewer than 45 days before the event for which the permit is sought provided the applicant waives his or her right to an appeal of any decision made by a common council member pursuant to sub. 4.
Part 7. Section 90-4-7-d of the code is repealed and recreated to read:
90-4. Classification of Licenses.
7. CLASS "B" SPECIAL LICENSE. (A SHORT-TERM LICENSE FOR CLUBS.)
d. Application. Application for a Class "B" special license shall be filed with the city clerk not less than 45 days before the date for which license is sought. Applicants may at the time of application specify on the application alternative dates for which the license is sought.
Part 8. Section 90-4-7-e to g is renumbered 90-4-7-h to j.
Part 9. Section 90-4-7-e to g is created to read:
e. Approval by Council Members. e-1. The city clerk shall issue the license unless a written objection regarding the licensee or the location has been filed with the city clerk. The objection may be filed by any interested person. If a written objection is filed, the application shall be forwarded to the licensing committee for its recommendation to the common council.
e-2. The written objection must address one or more of the following factors:
e-2-a. The appropriateness of the location and site for which the license is sought and whether the event for which the license is sought will create undesirable neighborhood problems.
e-2-b. The hours during which the event would be operated on the site and the likely effect of the event on the surrounding area.
e-2-c. Whether previous licenses granted to the same applicant or to other applicants for the same site have resulted in neighborhood problems including, but not limited to, complaints of loud music, noise, litter, disorderly assemblages, loitering or public urination.
e-2-d. Whether the applicant has been charged or convicted of any felony, misdemeanor, municipal offense or other offense, the circumstances of which substantially relate to the activity for which the license is sought.
e-2-e. Any other factors which reasonably relate to the public health, safety and welfare.
f. Issuance. If no written objection has been filed and upon payment of the license fee specified in s. 81-28, the city clerk shall issue the Class "B" special license.
g. Hearing Procedure. g-1. In the event there is a written objection filed regarding an application for a Class "B" special license the application shall be forwarded to the licensing committee of the common council. A hearing of an appeal shall be conducted as set forth in s. 90-5-8-b. The committee may make a decision immediately following the hearing or on a later date. In making its decision, committee members may consider the factors set forth in par. e-2. Written notice of the committee's decision will be provided if the decision is made at a later date or if the applicant was not present. In these instances, the decision of the licensing committee shall be final and the applicant shall have no right of appeal to the common council.
g-2. An applicant may appeal the decision of the licensing committee to the common council. In the case of an appeal, the committee shall forward its decision in writing to the common council for vote at the next meeting at which such matter will be considered. In making its decision, common council members may consider the factors set forth in par. e-2.
g-3 The city clerk may issue a Class "B" special license to an applicant who files his or her application fewer than 45 days before the event for which the license is sought provided the applicant waives his or her right to a hearing.
Part 10. This ordinance shall apply to all carnival site permits for events taking place on and after January 1, 2006 and to Class "B" special license applications for events taking place on and after January 1, 2006.
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:____________________
...Drafter
LRB04291-2
RGP
2/22/05