Number
040263
Version
ORIGINAL
Reference
Sponsor
ALD. BOHL
Title
An ordinance relating to repeated application for tavern amusement, dance, instrumental music or prerecorded music machine premises licenses.
Sections
90-33-1-a rn
90-33-1-b rp
90-35-5.5 rn
90-35-6 rn
90-35-7 rn
90-35-8 rn
90-35-9 am
90-35-10 cr
Analysis
This ordinance requires that whenever an applicant for a new tavern amusement, dance, instrumental music or prerecorded music machine premises license has had his or her application denied, or any license is denied renewal or is revoked, no other application by the same applicant for the same type of license at the same premise shall be recommended for approval by the licensing committee for a period of 12 months following the date on which the application was denied or the license was non-renewed or revoked unless it is proven that circumstances have substantially changed. If the reason for denial, non-renewal or revocation is related to the fitness of the location of the licensed premises, no other application for the same license for the location shall be recommended for approval by the licensing committee within 3 years of the date of the denial, non-renewal or revocation.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 90-33-1-a of the code is renumbered 90-33-1.
Part 2. Section 90-33-1-b of the code is repealed.
Part 3. Section 90-35-5.5 to 8 of the code is renumbered 90-35-6 to 9.
Part 4. Section 90-35-9 of the code is amended to read:
90-35. Licensing.
9. >>SUSPENSION OR <<REVOCATION. [[The tavern amusement, dance or instrumental music license shall be forfeited and]]>>Any license issued under s. 90-33 may be suspended or<< revoked by the common council [[for disorderly or immoral conduct on the premises, or]] for the violation of any of the rules, regulations or laws governing or applying to [[tavern amusement premises or taverns]]>> premises licensed under s. 90-33<<, including the falsifying of information or the failure to disclose information on the application. [[If at any time the license of the tavern amusement premises, dance or instrumental music license for tavern premises is forfeited or revoked, at least 12 months shall elapse before another such license shall be issued to the same person for the same premises.]]
Part 5. Section 90-35-10 of the code is created to read:
10. DISQUALIFICATION. a. Whenever an applicant for a new license has had his or her application denied or any license is denied renewal or is revoked for a reason not relating to the fitness of the location of the premises, it shall be entered on the record by the city clerk and no license issued under s. 90-33 shall be granted to the same person for that location for a period of 12 months following the date of denial, non-renewal or revocation.
b. Whenever an applicant for a new license has had his or her application denied or any license is denied renewal or is revoked for a reason relating to the fitness of the location of the premises to be licensed, no other application for the same license issued under s. 90-33 for the location shall be recommended for approval by the licensing committee within 3 years of the date of the denial, non-renewal or revocation unless the applicant or the owner of the premises has demonstrated a change of circumstances since the prior denial, non-renewal or revocation. Before the committee considers any application, the applicant or the owner of the premises shall file with the city clerk a written statement setting forth the change in circumstances relating to the fitness of the location of the proposed licensed premises since the prior denial, non-renewal or revocation. In considering whether changed circumstances exist, the committee shall consider, among other factors:
b-1. A change in the type of license sought by an applicant.
b-2. A change in the number of businesses licensed under s. 90-33 in the neighborhood.
b-3. A change in zoning applicable to the subject property.
b-4. New developments of land uses in the vicinity of the subject property.
c. Hearing. c-1. Whenever an application accompanied by a written statement of changed circumstances is filed, the committee shall hold a hearing to determine if changed circumstances exist. At the hearing, testimony shall be limited to that of the applicant and the applicant's attorney with respect to demonstration of a change in circumstances.
c-1-a. If the committee determines that the applicant has failed to demonstrate that a sufficient change in circumstances exists to justify a new hearing on the merits, the committee shall recommend that the application be denied.
c-1-b. If the committee determines that a sufficient change in circumstances has been demonstrated to justify a new hearing on the merits, the committee shall schedule a separate hearing on whether the application should be recommended for approval or denial.
c-2. Whenever the owner of the premises has filed a written statement of changed circumstances and no application for a license issued under s. 90-33 involving the premises has been filed, the committee shall hold a hearing to determine if changed circumstances exist. At the hearing, testimony shall be limited to that of the owner of the premises and the owner's attorney with respect to demonstration of a change in circumstances.
c-2-a. If the committee determines that the owner of the premises has failed to demonstrate that a sufficient change in circumstances exists, no application for a license issued under s.90-33 involving the location shall be recommended for approval by the licensing committee within 3 years of the date that the application for a license issued under s.90-33 for the location was denied, non-renewed or revoked for a reason relating to the fitness of the location of the premises.
c-2-b. If the committee determines that a sufficient change in circumstances has been demonstrated, an application for a license issued under s. 90-33 involving the location may be recommended for approval by the licensing committee.
d. Surrender. When any license is surrendered in lieu of a pending non-renewal, revocation or suspension proceeding, no other license issued under s. 90-33 shall be granted to the same person for a period of 12 months following the date of its surrender.
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:____________________
Drafter
LRB04221-1
RGP
6/10/04