Number
040497
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BOHL
Title
A substitute ordinance relating to tavern amusement, dance, instrumental music or prerecorded music machine premises licenses.
Sections
90-35-1 rc
90-35-2 rn
90-35-2 cr
90-35-3 rn
90-35-4 rn
90-35-4 rc
90-35-5 rn
90-35-5 rc
90-35-6 rn
90-35-7 rn
90-35-8 rn
90-35-9 rn
90-35-10 rn
Analysis
This ordinance repeals and recreates current code provisions relating to tavern amusement, dance, instrumental music or prerecorded music machine premises licenses to establish the following:
1. Each license application shall include a description, with particularity, of the type of entertainment, exhibitions, music, dancing, singing, floorshow or other performances to be held on the premises.
2. The common council may amend or alter the proposed types of entertainment of the licensed applicant based on competent evidence related to noise, litter, traffic congestion, inadequate parking, unruly patrons, damage to property, lewd and lascivious behavior and like problems impacting on the health, safety and welfare of the neighborhood.
3. The licensed applicant will be prohibited from deviating from the plan of entertainment approved by the common council.
4. The licensee shall be issued a certificate of authorized entertainment containing the type of entertainment, exhibitions, music, dancing, singing, floorshow or other performances permitted to be held on the premises, and is required to post the certificate in a conspicuous place for review by any police officer.
In addition, this ordinance repeals and creates current code provisions to make them uniform with other code licensing provisions.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 90-35-1 of the code is repealed and recreated to read:
90-35. Licensing.
1. FINDINGS. The common council finds that frequently the type of entertainment provided by licensed alcohol beverage establishments can be a source of noise, litter, large and unruly congregations of people, and traffic and parking congestion that adversely affects the health, safety and welfare of the people of the city of Milwaukee. This section is established pursuant to the authority of the common council to legislate and license for the protection of the health, safety and welfare of the people of the city of Milwaukee and to diminish the undesirable secondary effects that can result from these operations.
Part 2. Section 90-35-2 to 10 of the code is renumbered 90-35-3 to 11.
Part 3. Section 90-35-2 of the code is created to read:
2. APPLICATION. a. Applications for licenses issued under s. 90-33 shall be filed with the city clerk on a form provided therefore. The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer of a corporation or limited liability corporation, and sworn to by the applicant.
b. The application shall require:
b-1. The name and address of the specific premises intended to be licensed.
b-2. Whether the applicant has, within 2 years prior to the date of application, been
licensed to conduct a public dance hall or tavern in the city.
b-3. The location where the applicant conducted such licensed premises, if any.
b-4. The name of the person or company owning the premises for which a license permit is requested.
b-5. A description, with particularity, of the type of entertainment, exhibitions, music, dancing, singing, floor show or other performances to be held on the premises, in order for the common council to determine whether or not the applicant's proposed operations are basically compatible with the normal activity of the neighborhood in which the licensed premises is to be located.
Part 2. Section 90-35-4 and 5 of the code is repealed and recreated to read:
4. ISSUANCE. a. Applications shall be referred to the chief of police, the commissioner of neighborhood services and the commissioner of health, all of whom shall cause an investigation to be made and report their findings to the proper licensing committee of the common council.
b. Applications for all licenses issued under s. 90-33 shall be referred by the city clerk to the proper licensing committee of the common council for its recommendation to the common council as to whether each license should be issued. The committee shall forward its recommendation in writing to the common council for vote at the next meeting at which such matter will be considered.
c. In the event any person or entity files with the city clerk a written objection to the proposed events and entertainment indicated on the application under sub. 2-b-5, the licensing committee shall hold a hearing upon the application or amendment to any application. The committee may, within its sound discretion and based on competent evidence, appropriately amend or alter the proposed types of entertainment of the licensed applicant. Considerations for approval, denial, amendment or alteration of any proposed entertainment license shall relate to noise, litter, traffic congestion, inadequate parking, unruly patrons, damage to property, lewd and lascivious behavior and like problems impacting on the health, safety and welfare of the neighborhood.
d. When approved by the common council, the licensed applicant will be prohibited from deviating from the plan of entertainment approved by the common council.
5. ISSUANCE OF CERTIFICATE; POSTING. If the common council grants the application for the license, the city clerk shall issue a certificate of authorized entertainment containing the type of entertainment, exhibitions, music, dancing, singing, floorshow or other performances permitted to be held on the premises. Each certificate issued under this section shall be posted in a conspicuous place for review by any police officer.
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 Attorney's Office
Drafter
LRB04267-2
RGP
9/10/04