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File #: 080197    Version: 0
Type: Ordinance Status: Passed
File created: 5/20/2008 In control: LICENSES COMMITTEE
On agenda: Final action: 6/10/2008
Effective date: 6/27/2008    
Title: An ordinance relating to the number of days prior to the date of license expiration written objections to the renewal of certain licenses are required to be filed with the city clerk.
Sponsors: ALD. KOVAC
Indexes: ALCOHOL - REGULATION AND LICENSING
Attachments: 1. Fiscal Note, 2. hearing notice list, 3. Notice Published on 6-26-08

Number

080197

Version

ORIGINAL

Reference

 

Sponsor

ALD. KOVAC

Title

An ordinance relating to the number of days prior to the date of license expiration written objections to the renewal of certain licenses are required to be filed with the city clerk.

Sections

90-11-1-b  am

90-35-9-a  rc

90-37-9-a  am

Analysis

This ordinance changes from 30 to 45 the number of days prior to the date of license expiration written objections to the renewal of the following licenses are required to filed with the city clerk: all alcohol beverage retail and wholesale establishment licenses, manager and operator licenses, all tavern entertainment licenses, and center for the visual and performing arts licenses.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1.  Section 90-11-1-b of the code is amended to read:

 

90-11. Renewal of License.

 

1. PROCEDURE FOR RENEWAL

 

b. Objection. A written objection to the renewal of the license may be filed with the city clerk by any interested person provided that the objection is filed at least  [[30]]>>45<< days prior to the date on which the license expires and sets forth specific charges against an applicant which could form a basis for nonrenewal of the license. If a written objection is filed, or if a determination is made that the applicant no longer meets the licensing qualifications, the application, except as provided in par. c, shall be forwarded to the licensing committee for a hearing on whether the application should be recommended for approval or denial to the common council.

 

Part 2. Section 90-35-9-a of the code is repealed and recreated to read:

 

90-35. Licensing.

 

9. RENEWAL. a. Application. Applications for the renewal of a license shall be made to the city clerk. The clerk shall refer the application for license renewal to the chief of police, the commissioner of neighborhood services and the commissioner of health for review. If the chief of police, the commissioner of neighborhood services and the commissioner of health indicate that the applicant still meets the licensing qualifications, the application shall be referred to the common council for approval unless a written objection has been filed with the city clerk at least 45 days prior to the date on which the license expires. This objection may be filed by any interested person. If a written objection is filed, or if a determination is made that the applicant no longer meets the licensing qualifications, the application shall be forwarded to the licensing committee for its recommendation to the common council.

 

Part 3. Section 90-37-9-a of the code is amended to read:

 

90-37. Centers for the Visual and Performing Arts.

 

9. RENEWAL OF LICENSES.

 

a. Procedure for Renewal.  Applications for the renewal of a center for the visual and performing arts license shall be made to the city clerk. The clerk shall refer the application for license renewal to the chief of police, the commissioner of neighborhood services and the commissioner of health for review. If the chief of police, the commissioner of neighborhood services and the commissioner of health indicate that the applicant still meets the licensing qualifications, the application shall be referred to the common council for approval unless a written objection has been filed with the city clerk at least [[30]]>>45<< days prior to the date on which the license expires. This objection may be filed by any interested person. If a written objection is filed, or if a determination is made that the applicant no longer meets the licensing qualifications, the application shall be forwarded to the licensing committee for its recommendation to the common council.

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

LRB08273-1

TWM:mbh

5/20/2008