City of Milwaukee - File #: 141794

• File #: 141794
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 3/31/2015
• In control: COMMON COUNCIL
• Final action: 4/21/2015
• Effective date: 5/8/2015
• Title: An ordinance relating to the licensing committee consideration of the effects on potential or actual competitors when making recommendations on license applications.
• Sponsors: THE CHAIR
• Indexes: LICENSES, LICENSES COMMITTEE

Date	Ver.	Action By	Action	Result	Tally
5/7/2015	0	CITY CLERK	PUBLISHED
4/24/2015	0	MAYOR	SIGNED
4/21/2015	0	COMMON COUNCIL	PASSED	Pass	14:0
4/6/2015	0	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Meeting convened at 8:48 AM Item #2 was taken up after Item #1. Individual appearing: Assistant City Attorney Adam Stephens	Pass	5:0
3/31/2015	0	COMMON COUNCIL	ASSIGNED TO

Number

141794

Version

ORIGINAL

Reference

Sponsor

THE CHAIR

Title

An ordinance relating to the licensing committee consideration of the effects on potential or actual competitors when making recommendations on license applications.

Sections

85-2.7-4-b      am

85-2.7-5      am

Analysis

This ordinance establishes that the actual or likely financial or non-financial effects on actual or potential competitors shall not be considered by the licensing committee of the common council in making recommendations to the common council concerning license applications.

Body

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

Part 1.  Section 85-2.7-4-b of the code is amended to read:

85-2.7.  Hearing Procedure, New License.

4.  RECOMMENDATION.

b.  The appropriateness of the location and premises where the licensed premises is to be located and whether use of the premises for the purposes or activities permitted by the license would tend to facilitate a public or private nuisance or create undesirable neighborhood problems such as disorderly patrons, unreasonably loud noise, litter, and excessive traffic and parking congestion. Probative evidence relating to these matters may be taken from the plan of operation submitted with the license application[if any, but shall not include the content of any music]].

Part 2.  Section 85-2.7-5 of the code is amended to read:

5.  [[BASIS FOR ]] >>FACTORS NOT CONSIDERED FOR<< RECOMMENDATION.  The recommendations of the committee regarding the applicant shall not be based on evidence presented at the hearing related to >>the<< type or content of any music >>, or the actual or likely financial or non-financial effects on actual or potential competitors<<.

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

LRB157249-1

Teodros W. Medhin:lp

2/19/2015