Number
031497
Version
ORIGINAL
Reference
030511
Sponsor
THE CHAIR
Title
An ordinance relating to the implementation of the 24-hour business license.
Sections
81-129.7-4 rn
81-129.7-4 cr
84-7-2-d am
84-7-5.5 cr
84-7-16 rc
Analysis
Common Council File Number 030511, enacted October 14, 2003, requires that certain businesses receive a license from the city if they wish to remain open between the hours of 12 a.m. and 5 a.m. One of the prerequisites to receiving this license is a valid certificate of occupancy. This ordinance authorizes the issuance of provisional 24-hour establishment licenses to businesses that were operating as 24-hour establishments on or before October 31, 2003, but are unable to present a valid certificate of occupancy. These licenses are valid for no more than 90 days and are not renewable. In addition, before being issued, an applicant for a provisional license shall apply for a regular 24-hour establishment license and demonstrate that he or she has applied for a certificate of occupancy. The fee for a provisional license shall be $190.
This provision shall expire on November 1, 2004.
In addition, this ordinance clarifies the definition of "restaurant" to exempt the provision of room service by a hotel and the preparation and service of food inside a hospital.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-129.7-4 of the code is renumbered 81-129.7-5.
Part 2. Section 81-129.7-4 of the code is created to read:
81-129.7 Twenty-four-hour Establishments.
4. PROVISIONAL LICENSE. The fee for a provisional 24-hour establishment license shall be $190. This fee shall be in addition to that required pursuant to s. 84-7-7, and no portion of it shall be refundable.
Part 3. Section 84-7-2-d of the code is amended to read.
84-7. Twenty-four-hour Establishments.
2. DEFINITIONS.
d. "Restaurant" shall have the meaning set forth in both s. 295-201-499 and 501. >>It shall not apply to the provision of room service by a hotel or to the preparation and service of food inside a hospital.<<
Part 4. Section 84-7-5.5 of the code is created to read:
5.5 PROVISIONAL LICENSE.
a. Authority, Duration. Owners and operators of establishments operating between the hours of 12 a.m. and 5 a.m. on or before October 31, 2003, and who are unable to comply with the provisions of sub. 5-e may apply for a provisional 24-hour establishment license. A provisional 24-hour establishment license shall authorize a convenience store, filing station, personal service establishment or restaurant to remain open between the hours of 12 a.m. and 5 p.m. A provisional license shall expire 90 days after its issuance, when a regular 24-hour establishment license is issued to the holder or on the date on which the common council shall decide not to issue a 24-hour establishment license to the holder, whichever is sooner. A provisional license may not be renewed.
b. Application. Application for a provisional license shall be made to the city clerk pursuant to sub. 5. An applicant for a provisional license may only apply for the provisional license upon application for a regular 24-hour establishment license. Applicants shall be fingerprinted pursuant to sub. 5-d. All applications shall be referred to the chief of police for investigation. The chief of police shall report his or her findings to the city clerk. In addition, all applications shall be referred to the common council member representing the aldermanic district in which the premises for which the provisional license is sought is located.
c. Issuance of License. The city clerk may only issue a provisional 24-hour establishment license to an applicant meeting the following criteria:
c-1. The applicant applying for a provisional 24-hour establishment license has also applied for a 24-hour establishment license.
c-2. The police chief, pursuant to the chief's investigation under par. b, has filed no report summarizing the arrests and convictions of the applicant which could form a basis for denial.
c-3. There are no neighborhood objections to the issuance of the provisional license filed with the licensing division.
c-4. The applicant has provided the city clerk with a copy of a completed and paid application for an occupancy certificate for the premises for which the license is sought from the department of city development and, if relevant, a validated notice of appeal and application for review for the premises for which the license is sought from the board of zoning appeals.
Part 5. Section 84-7-16 of the code is repealed and recreated to read:
16. PENALTY.
a. Any person who violates any of the provisions of this section shall, upon conviction, be subject to a forfeiture of not more than $1,000 and, in default thereof, shall be imprisoned in the house of corrections for a period not to exceed 40 days.
b. Citations may be issued for all violations of this section with or without prior notice. The stipulation, forfeiture and court appearance set forth in s. 50-25 shall apply.
Part 6. The provisions of parts 1, 2 and 4 of this ordinance shall expire on November 1, 2004.
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
Licensing Division
Drafter
LRB04043-1
jro
02/10/04