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File #: 040772    Version: 0
Type: Ordinance Status: Passed
File created: 9/21/2004 In control: LICENSES COMMITTEE
On agenda: Final action: 11/3/2004
Effective date: 11/20/2004    
Title: An ordinance relating to grounds for denial, non-renewal, revocation and suspension of home improvement contractor and salesperson licenses.
Sponsors: THE CHAIR
Indexes: DIRECT SELLERS, LICENSES
Attachments: 1. Fiscal Note.pdf, 2. Notice Published on 11-19-2004.PDF
Number
040772
Version
ORIGINAL
Reference
031134
Sponsor
THE CHAIR
Title
An ordinance relating to grounds for denial, non-renewal, revocation and suspension of home improvement contractor and salesperson licenses.
Sections
95-14-3-d rp
95-14-3-e rn
95-14-3-f rn
95-14-3-f-0 rn
95-14-3-f-2 cr
95-14-3-g rn
95-14-7-c-1-f rn
95-14-7-c-1-f cr
95-14-7-c-1-g cr
95-14-11-d-5 rn
95-14-11-d-5 cr
95-14-11-d-6 cr
Analysis
This ordinance establishes 2 additional factors on which the recommendations of the licensing committee can be based regarding denial, non-renewal, revocation and suspension of home improvement contractor and salesperson licenses.  In addition, this ordinance allows for the business address of a home improvement contractor license holder to change one time during the license period, by filing a transfer application.  If the business address changes more than once, the license holder shall file an application for a new license with the city clerk.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
 
Part 1.  Section 95-14-3-d of the code is repealed.
 
Part 2.  Section 95-14-3-e to g of the code is renumbered 95-14-3-d to f.
 
Part 3.  Section 95-14-3-f-0 of the code is renumbered 95-14-3-f-1.
 
Part 4.  Section 95-14-3-f-2 of the code is created to read:
95-14.  Home Improvement Contractor and Salesperson Licenses.
3.   APPLICATION.
f.  Changes to be Reported.
f-2.  Every license issued under this section may, upon authority so granted by the common council and upon payment of the fee specified in ch. 81, be transferred from one business address to another business address, but no licensee shall be entitled to more than one transfer in any one license period.  The application for transfer shall be made on forms provided by the city clerk.
Part 5.  Section 95-14-7-c-1-f of the code is renumbered 95-14-7-c-1-h.
Part 6.  Section 95-14-7-c-1-f and g of the code is created to read:
7.  COMMITTEE ACTION.
c. Recommendations.
c-1-f.  Whether the applicant has been issued a warning letter or had the imposition of administrative sanctions by the Wisconsin department of agriculture, trade and consumer protection.
c-1-g.  Whether a judgment has been rendered against the applicant by any court of competent jurisdiction regarding violations of ordinances of the city or laws of the state of Wisconsin the nature of which substantially relate to the particular activity for which the license is issued, or a judgment has been rendered against the applicant regarding improper work.
Part 7.  Section 95-14-11-d-5 of the code is renumbered 95-14-11-d-7.
Part 8.  Section 95-14-11-d-5 and 6 of the code is created to read:
11.  HEARING PROCEDURE.  
d. Grounds for Non-Renewal, Suspension or Revocation.  
d-5.  Whether the license holder has been issued a warning letter or had the imposition of administrative sanctions by the Wisconsin department of agriculture, trade and consumer protection.
d-6.  Whether a judgment has been rendered against the license holder by any court of competent jurisdiction regarding violations of ordinances of the city or laws of the state of Wisconsin the nature of which substantially relate to the particular activity for which the license is issued, or a judgment has been rendered against the license holder regarding improper work.
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
RGP
LRB04293-1
9/19/2004