Number
110991
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to fingerprinting and investigation of applicants for licenses and permits.
Sections
84-7-5-d rc
84-33-7 rc
84-58-2 rc
84-66-2-c rp
85-21 cr
90-4-11-b am
90-5-6 rc
90-5-7 rc
90-7-3 am
92-1-4 rc
92-2-4 rc
92-3-4.3 rc
92-10-4 rc
93-7-3 rc
100-50-7 rc
100-54-6 rc
108-5-3-c rc
Analysis
This ordinance standardizes fingerprinting requirements for license and permit applicants by establishing that individual applicants; each partner, if a partnership; and the agent as well as any persons holding 20% or more ownership, if a corporation or limited liability company, are required to be fingerprinted. Background investigations are also standardized under this ordinance by establishing that investigations are required to be conducted for the same persons subject to the fingerprinting requirement.
This ordinance also replaces several code provisions relating to the fingerprinting and investigation of applicants for specific types of licenses and permits with cross-references to new general fingerprinting and investigation requirement provisions.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 84-7-5-d of the code is repealed and recreated to read:
84-7. Extended Hours Establishments.
5. APPLICATION.
d. All applicants shall be fingerprinted as provided in s. 85-21-1.
Part 2. Section 84-33-7 of the code is repealed and recreated to read:
84-33. Professional Photographer.
7. FINGERPRINTING. a. All applicants shall be fingerprinted as provided in s. 85-21-1.
Part 3. Section 84-58-2 of the code is repealed and recreated to read:
84-58. Application Procedures.
2. FINGERPRINTING. a. All applicants shall be fingerprinted as provided in s. 85-21-1.
Part 4. Section 84-66-2-c of the code is repealed.
Part 5. Section 85-21 of the code is created to read:
85-21. Fingerprinting and Investigation Required. 1. FINGERPRINTING REQUIREMENT. a. Each applicant for a license or permit subject to review by a licensing committee of the common council shall be fingerprinted in a manner directed by the chief of police unless otherwise provided in this code.
a-1. If the applicant is a partnership, each partner shall be fingerprinted.
a-2. If the applicant is a corporation, limited liability company or similar firm or business recognized in law, the agent as well as any persons holding 20% or more ownership in the legal entity shall be fingerprinted.
b. If there is a change of agent by the licensee, the new agent shall be fingerprinted within 10 days of the change.
c. If there is change of ownership where the change results in any person holding 20% or more ownership in the legal entity, that person shall be fingerprinted within 10 days of the change, if not already fingerprinted under this section.
d. Exemption. This requirement shall not apply to a person already licensed by the city when that person is renewing the license. If a set of fingerprints is on file with the police department, an additional set shall not be required unless expressly requested by the police department for verification.
2. INVESTIGATION REQUIREMENT. a. Each application for a license or permit subject to review by a licensing committee of the common council shall be referred to the chief of police who shall cause an investigation to be made and report the findings to the licensing committee of the common council.
b. The report provided by the chief of police shall include information for the preceding 10 years related to any criminal or ordinance convictions and any pending criminal charges and ordinance citations of the applicant; each partner, if the applicant is a partnership; or agent, as well as any persons holding 20% or more ownership in the legal entity, if the applicant is a corporation, limited liability company or similar firm or business recognized in law.
Part 6. Section 90-4-11-b of the code is amended to read:
90-4. Classification of Licenses.
11. CLASS "D" PROVISIONAL OPERATOR'S LICENSE.
b. Application. Application for a license shall be made to the city clerk pursuant to s. 90-5-1. An applicant for a provisional Class "D" operator's license may only apply for the provisional license upon application for the Class "D" operator's license. All matters submitted in writing to the city clerk shall be true and subject to s. 90-5-2. Applicants shall be fingerprinted pursuant to [[s. 90-5-6]]>>s. 85-21-1<<. In addition, all applications shall be referred to the chief of police for investigation who shall report findings to the city clerk for investigation.
Part 7. Section 90-5-6 and 7 of the code is repealed and recreated to read:
90-5. Licensing.
6. FINGERPRINTING. All applicants for a Class "A" or a Class "B" retailer's intoxicating liquor license, a Class "B" manager's license, a Class "A" fermented malt beverage retailer's license, a Class "C" wine retailer license, a Class "D" operator's license or a Class "D" provisional operator's license shall be fingerprinted as provided in s. 85-21-1.
7. INVESTIGATION. a. All 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 licensing committee of the common council.
b. The chief of police shall investigate each applicant as provided in s. 85-21-2. The chief of police shall also provide copies of any licensed premise synopsis reports relating to licensed premises previously located at the premises proposed for licensing as a Class "A," Class "B" or Class "C" retail establishment during the 5-year period prior to the date of application.
Part 8. Section 90-7-3 of the code is amended to read:
90-7. Restrictions on Corporations.
3. CHANGE OF OFFICERS. Whenever a corporation or licensed limited partnership licensed to sell intoxicating liquor or fermented malt beverages changes any of its corporate officers, directors or members, it shall be the duty of the corporation agent to file with the city clerk a statement of the change on a form provided therefor. Notice to the city clerk shall be given not later than 10 calendar days after any change is made. [[Any new officers, directors or members shall be fingerprinted unless their fingerprints are already on file pursuant to another provision of this chapter. The information provided shall be forwarded to the chief of police who shall cause an investigation to be made and who shall report his or her findings to the city clerk.]] This subsection shall not apply to hotels concessionaires in public auditoriums, municipal festival organizations, the Wisconsin center district established pursuant to ch. 229, Wis. Stats., or duly organized fraternal organizations nor when a change in the corporate setup is necessitated by the death of officers or directors.
Part 9. Section 92-1-4 of the code is repealed and recreated to read:
92-1. Pawnbroker's License.
4. INVESTIGATION. The chief of police shall investigate each applicant as provided in s. 85-21-2.
Part 10. Section 92-2-4 of the code is repealed and recreated to read:
92-2. Secondhand Dealer's License.
4. INVESTIGATION. The chief of police shall investigate each applicant as provided in s. 85-21-2.
Part 11. Section 92-3-4.3 of the code is repealed and recreated to read:
92-3. Junk Collectors and Dealers.
4.3 FINGERPRINTING. All applicants shall be fingerprinted as provided in s. 85-21-1.
Part 12. Section 92-10-4 of the code is repealed and recreated to read:
92-10. Precious Metal and Gem Dealer's License.
4. INVESTIGATION. The chief of police shall investigate each applicant as provided in s. 85-21-2.
Part 13. Section 93-7-3 of the code is repealed and recreated to read.
93-7. Application.
3. FINGERPRINTING. All applicants shall be fingerprinted as provided in s. 85-21-1.
Part 14. Section 100-50-7 of the code is repealed and recreated to read:
100-50. Public Passenger Vehicle Permits.
7. FINGERPRINTING. All applicants shall be fingerprinted as provided in s. 85-21-1.
Part 15. Section 100-54-6 of the code is repealed and recreated to read:
100-54. Public Passenger Vehicle Driver's License.
6. FINGERPRINTING. All applicants shall be fingerprinted as provided in s. 85-21-1.
Part 16. Section 108-5-3-c of the code is repealed and recreated to read:
108-5. License Required.
3. APPLICATION.
c. Fingerprinting. All applicants shall be fingerprinted as provided in s. 85-21-1.
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
License Division
Drafter
LRB127923-2.1
Richard Pfaff
Richard L. Withers
3/22/12