Number
041404
Version
ORIGINAL
Reference
Sponsor
ALD. WITKOWIAK AND BOHL
Title
An ordinance relating to establishing various regulations for 24-hour establishment licenses.
Sections
81-129.7-4 cr
84-7-6 am
84-7-7 am
84-7-9-c cr
Analysis
This ordinance establishes the following relating to 24-hour establishment licenses:
1. The fee to file an application for change of officers, directors or agents for a corporation or limited liability corporation shall be $25.
2. Whenever a corporation or limited liability corporation changes any of its corporate officers, directors or agents, the corporation agent shall file a new application with the city clerk and pay the required fee.
3. Whenever an applicant for a new license has had his or her application denied for a reason not relating to the fitness of the location of the premises, no other application for a 24-hour establishment license for the location shall be approved within 12 months of the denial.
4. In the event payment for the license fee is made by check and payment on the check is stopped or drawn upon a non-existent account or an account containing insufficient funds, the license is rendered null and void after 15 days' notice to the applicant, and the establishment is not permitted to be open between the hours of 12 a.m. and 5 a.m. until all fees, late fees and processing charges are paid in full.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-129.7-4 of the code is created to read:
81-129.7. Twenty-four-hour Establishments.
4. The fee to file an application for change of officers, directors or agents for a corporation or limited liability corporation shall be $25.
(See s. 84-7-6-b.)
Part 2. Section 84-7-6 and 7 of the code is amended to read:
84-7. Twenty-four-hour Establishments.
6. CHANGES TO BE REPORTED. >>a.<< A licensee shall notify the city clerk whenever there is a change in any information that is reported in the application form or renewal application form. The licensee shall make this notification in writing within 5 days after the change occurs.
>>b. Whenever a corporation or limited liability corporation holding a 24-hour establishment license changes any of its corporate officers, directors or agents, the corporation agent shall file within 10 days after the change occurs the appropriate application with the city clerk and pay the fee required by s. 81-129.7-4. This application shall in all respects be treated as a new application subject to all the requirements of this section. This paragraph shall not apply when a change is necessitated by the death of corporate officers, directors or agents.<<
7. FEE. >>a.<< All applications shall be accompanied by the fee specified in s. 81-129.7.
>>b. If payment for the license fee is made by check or other draft and payment on the draft is stopped or the draft is drawn upon a non-existent or an account containing insufficient funds, the applicant shall, within 15 days after the receipt of notice from the city clerk of the insufficiency, pay by cashier's check or other certified draft, money order or cash, the fees, late fees and processing charges as specified by the code. Non-payment of all applicable fees, late fees and processing charges within 15 days after the applicant received notice of the insufficiency shall render the license null and void, and the establishment shall not be open at any time between the hours of 12 a.m. and 5 a.m. until all fees, late fees and processing charges are paid in full.<<
Part 3. Section 84-7-9-c of the code is created to read:
9. DISQUALIFICATION.
c. Whenever an applicant for a new 24-hour establishment license has had his or her application denied for a reason not relating to the fitness of the location of the premises to be licensed, no other application for a 24-hour establishment license for such location shall be recommended for approval by the licensing committee within 12 months of the date of the denial.
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
LRB04427-1
RGP
1/20/05