City of Milwaukee - File #: 120829

• File #: 120829
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 10/16/2012
• In control: LICENSES COMMITTEE
• Final action: 11/27/2012
• Effective date: 12/14/2012
• Title: A substitute ordinance relating to disqualification of a license application or surrender of a license.
• Sponsors: ALD. ZIELINSKI, ALD. COGGS, ALD. KOVAC, ALD. PEREZ
• Indexes: LICENSES

Date	Ver.	Action By	Action	Result	Tally
12/13/2012	2	CITY CLERK	PUBLISHED
12/6/2012	2	MAYOR	SIGNED
11/27/2012	2	COMMON COUNCIL
11/12/2012	1	LICENSES COMMITTEE	SUBSTITUTED; Minutes note: Ald. Zielinski passed the gavel to Ald. Coggs. Ald. Zielinski moved substitution of the file with Proposed Substitute A. (Prevailed 3-0)	Pass	3:0
11/12/2012	2	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	3:0
11/7/2012	1	LICENSES COMMITTEE	HEARING NOTICES SENT
10/22/2012	0	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	3:0
10/18/2012	0	LICENSES COMMITTEE	HEARING NOTICES SENT
10/18/2012	0	LICENSES COMMITTEE	HEARING NOTICES SENT
10/18/2012	0	LICENSES COMMITTEE	HEARING NOTICES SENT
10/16/2012	0	COMMON COUNCIL	ASSIGNED TO

Number

120829

Version

SUBSTITUTE 2

Reference

Sponsor

ALD. ZIELINSKI, COGGS, KOVAC AND PEREZ

Title

A substitute ordinance relating to disqualification of a license application or surrender of a license.

Sections

85-13-3      am

85-17-1      am

Analysis

This ordinance establishes that whenever a new application for a license is withdrawn after the city clerk issues a notice for a hearing on denial, the period of disqualification shall be 6 months from the date of withdrawal.

This ordinance also requires that if a licensee wishes to surrender his or her license or withdraw a renewal application after receiving a notice for a hearing on nonrenewal, revocation or suspension, the licensee shall request, in writing, permission from the licensing committee to do so prior to the date of the hearing rather than prior to the commencement of the hearing, as is currently the case.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1.  Section 85-13-3 of the code is amended to read:

85-13.  Disqualification for License.  

3.  WHEN WITHDRAWN.  Whenever a new application for a license is withdrawn after [[commencement of the hearing of the licensing committee]] >>the city clerk issues a notice for a hearing on a possible denial<<, the application shall be considered denied upon withdrawal for purposes of the disqualification provided in sub. 4, except that the period of disqualification shall be 6 months from the date of withdrawal.

Part 2.  Section 85-17-1 of the code is amended to read:

85-17.  Request to Surrender a License.  1. If a licensee wishes to surrender his or her license or withdraw a renewal application after receiving a notice for a hearing on nonrenewal, revocation or suspension, the licensee shall request, in writing, permission from the licensing committee to do so prior to the [[commencement]] >>date<< of the hearing. The committee may approve the request, or deny the request and proceed with the hearing.

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

LRB 143379-2

TWM:jo

11/08/2012