Number
030457
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BOHL AND GORDON
Title
A substitute ordinance relating to repeated application for certain alcohol beverage licenses.
Sections
90-5-9-c rn
90-5-9-c cr
Analysis
This ordinance requires that, in those cases where a new applicant is denied an alcohol beverage premise license, no other application by the same applicant for an alcohol beverage premise license at the same premise shall be recommended for approval by the licensing committee for a period of 12 months following the date on which the original application was denied, unless it is proven that circumstances have substantially changed.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 90-5-9-c of the code is renumbered 90-5-9-d.
Part 2. Section 90-5-9-c of the code is created to read:
90-5. Licensing.
9. DISQUALIFICATION.
c. Whenever an applicant for a new alcohol beverage premise license has had his or her application denied, no other application by the same applicant for an alcohol beverage premise license at the same premise shall be recommended for approval by the licensing committee for a period of 12 months following the date of the original denial unless the applicant has demonstrated a change of circumstances since the prior denial. Before the committee considers any such application, the applicant shall file with the city clerk a written statement setting forth the change in circumstances relating to the applicant since the prior denial. Whenever an application accompanied by a written statement of changed circumstances is filed, the committee shall hold a hearing to determine if changed circumstances exist. At the hearing, testimony shall be limited to that of the applicant and the applicant's attorney with respect to demonstration of a change in circumstances. If the committee determines that the applicant has failed to demonstrate that a sufficient change in circumstances exists to justify a new hearing on the merits, the committee shall recommend that the application be denied. If the committee determines that a sufficient change in circumstances has been demonstrated to justify a new hearing on the merits, the committee shall schedule a separate hearing on whether the application should be recommended for approval or denial. In considering whether changed circumstances exist, the committee shall consider, among other factors:
c-1. A change in the type of license sought by an applicant.
c-2. A change in the number of licensed alcohol beverage outlets in the neighborhood.
c-3. A change in zoning applicable to the subject property.
c-4. New developments of land uses in the vicinity of the subject property.
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
Drafter
LRB03290-2
jro
07/31/03