Number
120676
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to temporary deviations from the plans of operation of alcohol beverage establishments and public entertainment premises.
Sections
90-5-13 am
108-5-4-b am
Analysis
This ordinance provides that a temporary deviation (up to 4 consecutive days) from the plan of operation of an alcohol beverage establishment or public entertainment premises may be approved in the same manner as a request for a temporary extension of licensed premises for special events (in the case of an alcohol beverage establishment ) or a request for a temporary public entertainment premises permit (in the case of a public entertainment premises). This means that the temporary deviation may be approved by the local common council member and that review and approval by the common council is only required when the local common council member denies the request.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 90-5-13 of the code is amended to read:
90-5. Licensing.
13. CHANGE IN PLAN OF OPERATION. If, after the license has been granted or issued, the licensee wishes to [[substantially]] deviate from the floor plan or plan of operation as submitted with the original or renewal application, the licensee shall file a sworn, written request with the city clerk which states the nature of the change. No change shall take place until the request has been approved by the common council >>, unless the deviation is to last not longer than 4 consecutive days, in which case the request for deviation shall be processed in the same manner as an application for a temporary extension of licensed premises for special events under s. 90-4-7.8<<. The common council's approval shall be given only if it determines, in the manner set forth in sub. 8-c-1-b, that the change is compatible with the normal activity of the neighborhood in which the premises is located.
Part 2. Section 108-5-4-b of the code is amended to read:
108-5. License Required.
4. CHANGES TO BE REPORTED.
b. Change in Plan of Operation. If, after the license has been granted or issued, the licensee wishes to [[substantially]] deviate from the plan of operation that was submitted with the original application, the licensee shall file a written request with the city clerk which states the nature of the change. No change shall take place until the request has been approved by the common council >>, unless the deviation is to last not longer than 4 consecutive days, in which case the request for deviation shall be processed in the same manner as an application for a temporary public entertainment premises permit under sub. 5<< . The common council's approval shall be given only if it determines, in the manner set forth in s. 108-7-1-d-2, that the new entertainment is compatible with the normal activity of the neighborhood in which the licensed premises is located.
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
LRB138151-1
Jeff Osterman
09/12/2012