Number
070107
Version
ORIGINAL
Reference
Sponsor
ALD. BOHL
Title
An ordinance relating to special party permits and licensed alcohol beverage premises.
Sections
81-114.8 cr
81-121 rp
90-33-3-0 am
90-33-3-a am
90-33-3-b-0 am
90-33-3-b-2 am
90-33-3-e am
90-33-3-f am
90-33-3-g am
90-33-3-h am
90-33-3-i am
Analysis
This ordinance provides for special party permits for persons holding a Class “B” tavern, Class “B” fermented malt beverage or Class “C” wine license. Currently, such special permits are only available for dancing. This ordinance treats the application and approval procedures for special party permits in the same manner as is currently provided in the code for special dancing permits.
A special party permit authorizes the permittee to give, permit, produce, present, conduct and offer entertainment or exhibitions consisting of music, dancing, singing, floor shows and cabaret performances upon the licensed premises. The period of entertainment or exhibitions authorized by a special permit does not exceed a day of licensed operation. No more than 20 special party permits for amusement or dancing may be issued for the same premises in any license year. Not more than 4 special permits may be issued for a premises in any calendar month.
Procedures include:
Applications are to be made in writing not less than 45 days prior to the day of the event.
The application is referred to the common council member representing the district in which the premises is located.
Factors involving public health, safety and welfare are to be considered by the council member who may approve or deny the application.
Adverse decisions may be appealed to the licensing committee. If the applicant appears at the committee hearing, an adverse decision may be appealed to the full common council.
The city clerk may issue a permit when the application is made less than 45 days prior to the day of the event upon waiver by the applicant of his or her right to appeal the decision of the common council member.
A special party permit is required to be posted together with a certificate of authorized entertainment, if any.
Special party permits are not required for amusement or dancing events on New Year’s Eve or New Year’s Day.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-114.8 of the code is created to read:
81-114.8. Special Party Permit.
1. The fee for each special party permit shall be $50 if application is made 45 or more days prior to the date for which the permit is sought.
2. The fee for each special party permit shall be $75 if application is made less than 45 days prior to the date for which the permit is sought.
(See s. 90-33.)
Part 2. Section 81-121 of the code is repealed.
Part 3. Section 90-33-3-0 of the code is amended to read:
90-33. Kinds of Alcohol Establishment Amusement, Dancing and Music Licenses.
3. SPECIAL [[TAVERN DANCING PERMIT]]>>PARTY PERMITS<<.
Part 4. Section 90-33-3-a, b-0 and b-2 of the code is amended to read:
a. A special >>party << permit authorizing >>amusement, music and<< dancing upon licensed >>alcohol beverage<< premises may be issued to the [[license holder]] >>licensee<< by the city clerk, provided the [[license holder]] >>licensee<< complies with all the provisions of this subsection. >>The period of entertainment, exhibitions or dancing authorized by a permit issued under this section shall not exceed one day of licensed operation.<< The city clerk shall notify the police department of the issuance of all permits issued pursuant to this subsection.
b. Any [[license holder]]>>licensee<< desiring a special [[tavern dance]] >>party<< permit shall apply for the permit not less than 45 days before the date for which the permit is sought. This application shall be made in writing on a form provided therefor by the city clerk >>and shall include the information prescribed in s. 90-35-2 and such other information as the clerk may require<<. Each permit sought shall require a separate application. The completed application shall be referred to the common council member representing the district in which the premises for which the permit is sought is located. The common council member shall determine whether or not to grant each special [[tavern dancing]] >>party<< permit and >>may condition the grant of a permit upon a modification of the hours of operation or the types of entertainment. The common council member<< shall inform the city clerk of his or her decision. In making his or her determination, the common council member shall consider the following factors:
b-2. The hours during which >>entertainment, exhibitions or<< dancing would be permitted on the premises and the likely effect of this activity on the surrounding area.
Part 5. Section 90-33-3-e to i of the code is amended to read:
e. The city clerk may grant a special [[dancing]]>>party <<permit to an applicant who files his or her application fewer than 45 days before the event for which the permit is sought provided the applicant waives his or her right to an appeal of any decision made by a common council member pursuant to par. b.
f. No more than 20 special [[dancing]]>>party <<permits shall be issued for the same premises in any license year. No more than 4 special >>party<< [[dancing]] permits shall be issued for the same premises in any calendar month.
g. Every person issued a special [[dancing]]>>party <<permit pursuant to this section shall post the permit in a conspicuous place in the premises during those times when >>entertainment, exhibitions or<< dancing is taking place. >>A certificate of authorized entertainment shall likewise be posted in the manner prescribed by s. 90-35-5.<< It shall be unlawful for any person to post a permit or >>certificate or<< to be permitted to post [[it]] >>a permit or certificate<< upon premises other than those mentioned in the application, or knowingly to deface or destroy a permit. >>Failure to appropriately post a permit or certificate shall be treated in the same manner as operating without such permit.<<
h. [[Dancing]]>>Entertainment, exhibitions or dancing<< shall be permitted only during normal [[tavern]] operating hours >>of the licensee<< as established by s. 90-15-3 >>and shall not be permitted at any time other than the time specified in the application, subject to further limitation upon approval of the permit<<.
i. No permit shall be required for >>entertainment, exhibitions or<< dancing in taverns on New Year’s Eve or New Year’s Day.
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
LRB07133-2
RLW
4/13/2007