Number
090103
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to the circumstances in which warning letters are issued for alcohol beverage licenses.
Sections
90-5-8-a-3-0 am
90-5-8-a-4 rn
90-5-8-a-4 cr
90-5-8-a-5 rn
90-5-8-a-6 rn
90-5-8-a-7 rn
90-5-8-a-8 rn
90-5-8-a-9 rn
90-11-1-c-1-0 am
90-11-1-c-2 rn
90-11-1-c-2 cr
Analysis
This ordinance establishes that if the chief of police files a written report summarizing the arrest and convictions of an applicant for a new or renewal Class “D” operator’s license, alcohol beverage wholesale establishment license or Class “B” manager’s license which could form a basis for denial or nonrenewal of the application, the city clerk shall, in lieu of forwarding the application to the licensing committee for a hearing, refer the application to the common council for approval without the issuance of a warning letter, if an applicant eligible to be issued a warning letter has not within 10 years of the date of application been convicted of any misdemeanor or felony offense or municipal code violation.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 90-5-8-a-3-0 of the code is amended to read:
90-5. Licensing.
8. COMMITTEE ACTION.
a. Notice.
a-3. If the chief of police files a written report summarizing the arrest and convictions of an applicant for a new operator’s license, alcohol beverage wholesale establishment license or manager’s license which could form the basis for denial of the application, the city clerk shall, in lieu of forwarding the application to the licensing committee for a hearing under subds. 1 and 2, refer the application to the common council for approval and>>, except as provided in subd. 4, <<issue a warning letter to the applicant whenever all of the following are true:
Part 2. Section 90-5-8-a-4 to 9 of the code is renumbered 90-5-8-a-5 to 10.
Part 3. Section 90-5-8-a-4 of the code is created to read:
a-4. If an applicant eligible to be issued a warning letter under subd. 3 has not within 10 years of the date of application been convicted of any misdemeanor or felony offense or municipal code violation, then the city clerk shall refer the application to the common council for approval and issue no warning letter.
Part 4. Section 90-11-1-c-1-0 of the code is amended to read:
90-11. Renewal of License.
1. PROCEDURE FOR RENEWAL.
c. Warning Letter.
c-1. If the chief of police files a written report summarizing the arrest and convictions of an applicant for renewal of an operator’s license, alcohol beverage wholesale establishment license or manager’s license which could form a basis for nonrenewal of the application, and if no written objection has been filed under par. b, the city clerk shall, in lieu of forwarding the application to the licensing committee for a hearing under par. b, refer the application to the common council for approval and>>, except as provided in subd. 2,<< issue a warning letter to the applicant whenever all of the following are true:
Part 5. Section 90-11-1-c-2 is renumbered 90-11-1-c-3.
Part 6. Section 90-11-1-c-2 of the code is created to read:
c-2. If an applicant eligible to be issued a warning letter under this paragraph has not within 10 years of the date of application been convicted of any misdemeanor or felony offense or municipal code violation, then the city clerk shall refer the application to the common council for approval and issue no warning letter.
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 - License Division
Drafter
CCL090513-1
RGP
5/13/09
LRB09232-2
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