Number
040002
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute ordinance relating to issuance and revocation of provisional Class "D" operators' licenses.
Sections
81-31-3 rn
81-31-3 cr
90-4-11-a am
90-4-11-c-0 am
90-4-11-d cr
Analysis
Consistent with a change in state law, this ordinance provides that the city clerk must issue a provisional bartender's license to a person who, at the time of applying for a bartender's license with the city, pays the fee to receive a license and files a certified copy of a valid license issued by another municipality. The provisional license expires 60 days after its issuance, when the regular bartender's license is issued, or upon expiration of the license issued by another municipality, whichever is sooner. The city clerk may revoke the license if he or she discovers that the license issued by another municipality is not valid or upon denial of the person's application for a permanent license. In addition, this ordinance establishes a fee for a certified copy of a bartender's license for bartenders currently licensed by the city who want to get a provisional bartender's license in another municipality.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
PART 1. Section 81-31-3 of the code is renumbered 81-31-4.
PART 2. Section 81-31-3 of the code is created to read:
81-31. Class "D" Operator's License.
3. The fee for each certified copy of a Class "D" operator's license shall be $5.
PART 3. Section 90-4-11-a of the code is amended to read:
90-4. Classification of Licenses.
11. CLASS "D" PROVISIONAL OPERATOR'S LICENSE.
a. Authority; Duration. A provisional Class "D" operator's license shall authorize the operator to perform those activities permitted a person holding a Class "D" operator's license under sub. 10. [[A]] >>Except as provided in par. d, a<< provisional license shall expire 60 days after its issuance or when a Class "D" operator's license is issued to the holder, whichever is sooner. A provisional license may not be renewed.
PART 4. Section 90-4-11-c-0 of the code is amended to read:
c. Issuance of License. [[The]]>>Except as provided in par. d, the<<city clerk may only issue a provisional Class "D" operator's license to an applicant meeting the following criteria:
PART 5. Section 90-4-11-d of the code is created to read:
d. License Issued by Another Municipality. The city clerk shall issue a provisional Class "D" operator's license to an applicant who, at the time of application for a Class "D" operator's license and payment of the fee as provided in s. 81-31.3, files with the city clerk a certified copy of a valid Class "D" operator's license issued by another municipality.
d-1. Expiration. A provisional license issued under this paragraph expires as provided under par. a or upon expiration of the operator's license issued by another municipality and filed under this paragraph, whichever is sooner.
d-2. Revocation. The city clerk may revoke the provisional license issued under this paragraph if the city clerk determines that the operator's license issued by another municipality and filed under this paragraph is not valid or upon denial of the holder's application for a Class "D" operator's license.
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
City Clerk's Office
Drafter
LRB04151-2
RGP
4/26/04