Number
051697
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. WADE AND BOHL
Title
A substitute ordinance relating to extended hours establishments license.
Sections
84-7-13-0 am
84-7-13-a am
84-7-13-b am
84-7-13-c-0 am
84-7-13-c-2 am
84-7-13-c-3 am
84-7-13-d-0 am
84-7-13-e am
84-7-14-a am
84-7-14-d-0 am
84-7-14-e am
84-7-14-f-2 am
84-7-14-f-4 am
84-7-14-f-5 am
84-7-15-a am
84-7-15-b am
Analysis
Currently, an extended hours establishments license may only be renewed, not renewed or revoked. This ordinance provides for the suspension of an extended hours establishment license in addition to renewal, non-renewal or revocation. The license may be suspended for a period of not less than 10 days and no more than 90 days.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 84-7-13-0, a, b, c-0, c-2, c-3, d-0 and e of the code is amended to read:
84-7. Extended Hours Establishments.
13. REVOCATION >>OR SUSPENSION<< OF LICENSES.
a. Any license issued under this section may be >>suspended or<< revoked for cause by the common council after notice to the licensee and a hearing.
b. [[Revocation]]>>Suspension or revocation<< proceedings may be instituted by the licensing committee upon its own motion, or upon sworn written charges made and filed with the city clerk by the chief of police, the commissioner of health, the commissioner of neighborhood services or upon a sworn written complaint filed with the city clerk by any city resident.
c. Whenever either sworn written charges or a sworn written complaint are filed with the city clerk setting forth specific charges against a licensee involving conduct taking place between 12 a.m. and 5 a.m. which would violate ordinances that are grounds for >>suspension or<< revocation of a license, the city clerk shall issue notice to the licensee. The notice shall be served upon the licensee so that the licensee has at least 3 days' notice of the hearing. The notice shall contain:
c-2. A statement to the effect that the possibility of >>suspension or<< revocation of the license exists and the reasons for possible >>suspension or<< revocation.
c-3. A statement that an opportunity will be given to the applicant to respond to and
challenge any reason for >>suspension or << revocation and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
d. The licensing committee shall convene at the date and time designated in the
notice for the purpose of taking evidence and making findings of fact and conclusions of law and a recommendation to the common council in connection with the proposed >>suspension or<< revocation.
e. If the licensee appears before the committee at the time designated in the notice and denies the charges contained in the complaint, an evidentiary hearing in connection with the >>suspension or<< revocation shall be conducted by the committee at that time. If the licensee does not appear, or appears but does not deny the charges contained in the complaint, the complaint shall be taken as true and the committee shall hear the arguments of the complaints and the licensee in connection with the >>suspension or<< revocation.
Part 2. Section 84-7-14-a, d-0, e, f-2, f-4 and f-5 of the code is amended to read:
14. HEARING PROCEDURE.
a. Authority of Licensing Committee. The licensing committee shall conduct hearings with respect to the non-renewal >>, suspension<< or revocation of a license pursuant to this subsection. The chair of the committee shall be the presiding officer.
d. Grounds for Non-Renewal >>, Suspension<< or Revocation. The recommendation of the committee regarding the licensee shall be based on evidence presented at the hearing. Probative evidence concerning non-renewal >>, suspension<< or revocation may include evidence of:
e. Committee Report. The committee may make a recommendation immediately following the hearing or at a later date. The committee may recommend that the license be renewed, not renewed >>, suspended<< or revoked. >>In addition, if the committee determines that circumstances warrant it, the committee may recommend that the license be renewed conditioned upon a suspension of the license for a defined period of time. When the committee elects to recommend that a license be renewed with a period of suspension, the license may be suspended for a period of not less than 10 days and no more than 90 days.<< All >>suspensions or<< revocations shall be effective upon service of notice of the non-renewal >>, suspension<< or revocation upon the licensee or person in charge of the premises at the time of service.
f-2. If the committee recommends that the license not be renewed >>, be suspended<< or be revoked, then within 7 days of the receipt of the report and recommendation of the committee, the licensee may file written exceptions to the report and recommendations of the committee.
f-4. At a meeting of the common council following the receipt of the report and recommendations of the committee, the common council shall consider the report and recommendation. Not less than 5 days prior to the hearing before the common council, the city clerk shall notify the licensee and complainant by certified mail and also notify the city attorney that the common council will convene. Each member of the common council shall be asked to affirm that he or she has read the report and recommendation of the committee. When written exceptions are filed to a committee report and recommendation that the license be >>suspended,<< revoked or not renewed, each member of the common council shall be asked to affirm that he or she has read the exceptions. If members of the council have not read the recommendation and report of the committee and any exceptions that have been filed thereto, the chair shall allocate time for the members to do so. Oral argument in support of the report and recommendation presented by the city attorney, oral argument on behalf of the licensee in opposition to the report and recommendation and oral argument by the complainant objecting to the report and recommendation shall be permitted only at the discretion of the chair. If argument is permitted by the chair, argument shall be limited to 5 minutes and the arguments shall be limited to the subject matter of the report and recommendation and the written exceptions. Licensees shall appear only in person or by counsel. Complainants shall appear only in person or by counsel. Any person making an appearance before the council pursuant to this subsection and who requires the services of an interpreter shall obtain one at his or her own expense.
f-5. The common council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the committee. The vote shall be a roll call vote. If the common council finds the complaint to be true, or if there is no objection to a report recommending non-renewal >>, suspension<< or revocation with the committee's report and recommendation, the city clerk shall give notice of each non-renewal >>, suspension<< or revocation to the person whose license is not renewed >>, suspended<< or revoked. If the common council finds the complaint to be untrue, the proceedings shall be dismissed without cost to the accused. If the common council finds the complaint to be malicious and without probable cause, the cost shall be paid by the complainant upon invoice from the city.
Part 3. Section 84-7-15-a and b of the code is amended to read:
15. REQUEST TO SURRENDER A LICENSE.
a. If a licensee wishes to surrender his or her license after receiving a notice for a hearing on non-renewal >>, suspension<< or revocation, the licensee must request, in writing, permission from the licensing committee to do so prior to the commencement of the hearing. The committee may approve the request, or deny the request and proceed with the hearing.
b. In the event a licensee who has surrendered his or her license wishes to have the
surrendered license returned, regardless of whether the license was surrendered pursuant to par. a, the licensee must request, in writing, permission from the licensing committee to do so and appear before the committee at the date, time and place specified in written notice provided to the licensee by the city clerk. The committee may approve the request and return the license without further action by the common council, or make a recommendation to the common council to deny the request based on the same grounds set forth in this section for non-renewal >>, suspension<< or revocation. If the committee makes a recommendation to deny the request for the return of the license, all committee recommendations shall be prepared and common council actions conducted in the same manner set forth in this section for non-renewal >>, suspension<< or revocation.
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
LRB06158-2
AEH
4/11/2006