Number
130324
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to the scheduling of common council committee hearings regarding license applications and the investigation of license applications by the chief of police and commissioner of neighborhood services.
Sections
85-12.7 cr
85-21-2-a am
85-21-2-c cr
108-5-3-d am
Analysis
This ordinance provides that, for any license application subject to review by a licensing committee of the common council, the city clerk shall, upon certifying that the application is complete and that any required reports of the police department and department of neighborhood services have been completed, refer the application to the appropriate committee. Upon referral, the application shall be scheduled and heard by the common council committee before the expiration of the period beginning on the date of referral and ending not later than 3 complete periods between regularly scheduled meetings of the common council.
This ordinance also provides that when a license application is referred to the chief of police for an investigation, the chief shall report the findings of the investigation to the common council’s licensing committee within 14 days of the applicant’s compliance with background investigation requirements. Furthermore, if referral of a license or permit application to the commissioner of neighborhood services for investigation is required, the commissioner shall cause an investigation to be made and report the findings to the licensing committee of the common council within 14 days of the city clerk’s referral of the application to the commissioner.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 85-12.7 of the code is created to read:
85-12.7. Scheduling of Committee Hearing. For any license application subject to review by a licensing committee of the common council, the city clerk shall, upon certifying that the application is complete and that any required reports of the police department and department of neighborhood services have been completed, refer the application to the appropriate committee. Upon referral, the application shall be scheduled and heard by the common council committee before the expiration of the period beginning on the date of referral and ending not later than 3 complete periods between regularly scheduled meetings of the common council.
Part 2. Section 85-21-2-a of the code is amended to read:
85-21. Fingerprinting and Investigation Required.
2. INVESTIGATION REQUIREMENT.
a. Each application for a license or permit subject to review by a licensing committee of the common council shall be referred to the chief of police >>,<< who shall cause an investigation to be made and report the findings to the licensing committee of the common council >>within 14 days of the applicant’s compliance with background investigation requirements<< .
Part 3. Section 85-21-2-c of the code is created to read:
c. If referral of a license or permit application to the commissioner of neighborhood services for investigation is required, the commissioner shall cause an investigation to be made and report the findings to the licensing committee of the common council within 14 days of the city clerk’s referral of the application to the commissioner.
Part 4. Section 108-5-3-d of the code is amended to read:
108-5. License Required.
3. APPLICATION.
d. Investigation. Applications shall be referred to the chief of police and the commissioner of neighborhood services >>,<< both of whom shall cause an investigation to be made and report their findings to the licensing committee >>in accordance with the provisions of s. 85-21-2<< . The commissioner of neighborhood services shall include information regarding whether the [[location]] >>premises<< is located in a residential district.
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
Drafter
LRB145959-2
Jeff Osterman
06/27/2013