Number
050891
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. WITKOWIAK
Title
A substitute ordinance relating to the deadline for filing exceptions to the recommendations of the licensing committee regarding certain licenses.
Sections
90-11-2-c-2 am
90-11-2-d-1 am
90-11-2-d-2 am
90-12-5-c-2 am
90-12-5-c-3 am
90-12-5-d-1 am
Analysis
This ordinance requires that exceptions and objections by a licensee to the decision of the licensing committee in cases of alcohol beverage license non-renewal, suspension or revocation, be made in writing and filed before the close of business on a day that is at least 3 working days prior to the scheduled hearing before the common council. Written exceptions shall include a concise statement of objections together with supporting arguments. A licensee may be provided an oral hearing before the common council at the discretion of the chair and only where written exceptions and objections have been filed.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 90-11-2-c-2, d-1 and d-2 of the code is amended to read:
90-11. Renewal of License.
2. PROCEDURE FOR NON-RENEWAL. c. Recommendation. c-2. The committee may make a recommendation immediately following the hearing or at a later date. The committee may recommend that the license be renewed or not renewed. In addition, if the committee determines that circumstances warrant it, the committee may recommend that the license be renewed conditioned upon a suspension of the license for a defined period of time. When the committee elects to recommend that a license be renewed with a period of suspension, the license may be suspended for not less than 10 days and no longer than 90 days. Such suspension shall commence on the effective date of the license renewal. Following the hearing, the committee shall submit a report to the common council including findings of fact, conclusions of law and a recommendation as to what action, if any, the council should take. The committee shall provide the complainant and applicant with a copy of the report. The applicant may file a written objection to the report [[and shall have the opportunity to present arguments in writing supporting the objection]] to the common council. The objections >>shall be concisely stated and shall include supporting arguments. Written objections<< must be filed with the city clerk [[at least 2]] >>before the close of business on a day that is at least 3 working<< days prior to the date set for hearing by the common council.
d. Council Action. d-1. The applicant shall be given 5 >>working<< days’ notice of the date set for hearing by the full common council.
d-2. At the meeting of the common council, the [[chairman]]>>chair<<, in his or her discretion, may allow oral argument by an applicant or complainant who has presented written objections >>together with supporting arguments<< to the recommendations of the [[utilities and licenses]]>>licensing<< committee. The city attorney shall also be permitted a statement. Oral arguments shall not exceed 5 minutes on behalf of any party. Applicants shall appear only in person or by counsel. Corporate applicants shall appear only by the agent or by counsel. Partnerships shall be represented by a partner or by counsel. Limited liability companies shall be represented only by the agent or by counsel. Complainants shall appear only in person or by counsel. Any person making an appearance before the council pursuant to this subsection and who requires the services of an interpreter shall obtain one at his or her own expense.
Part 2. Section 90-12-5-c-2 and 3, and d-1of the code is amended to read:
90-12. Revocation or Suspension of Licenses.
5. PROCEDURES FOR REVOCATION OR SUSPENSION. c. Committee Report. c-2. If the committee recommends that the license be revoked or suspended, then within 7 days of the receipt of the report and recommendation of the committee, the licensee shall file written exceptions, if any, the report and recommendations of the committee. >>Written exceptions shall include a concise statement of objections together with supporting arguments.<<
c-3. Any exceptions filed by the licensee to the report and recommendations of the committee shall be >>filed by the close of business on the day that is 3 working days prior to the date on which the matter is to be heard by the common council. Copies of exceptions shall be<<provided to each member of the common council at least 24 hours before any vote on the question is scheduled before the [[full]] common council.
d. Council Action. d-1. At a meeting of the common council following the receipt of the report and recommendations of the committee, the common council shall consider the report and recommendation. Not less than 5 days prior to the hearing before the common council, the city clerk shall notify the licensee and complainant by certified mail and also notify the city attorney that the common council will convene. If written exceptions are filed, the hearing shall be at the time set for such proceedings by the council's rules. Each member of the common council shall be asked to affirm that he or she has read the report and recommendation of the committee. When written exceptions are filed to a committee report and recommendation that the license be suspended or revoked, each member of the common council shall be asked to affirm that he or she has read the exceptions. If members of the council have not read the recommendation and report of the committee and any exceptions that have been filed thereto, the chair shall allocate time for the members to do so. Oral argument in support of the report and recommendation presented by the city attorney, oral argument on behalf of the licensee in opposition to the report and recommendation and oral argument by the complainant objecting to the report and recommendation shall be permitted >>where written exceptions have been timely filed and<< only at the discretion of the chair. If argument is permitted by the chair, argument shall be limited to 5 minutes and the arguments shall be limited to the subject matter of the report and recommendation and the written exceptions. Licensees shall appear only in person or by counsel. Corporate licensees shall appear only by the agent or by counsel. Partnerships shall be represented only by a partner or by counsel. Limited liability companies shall be represented only by the agent or by counsel. Complainants shall appear only in person or by counsel. Any person making an appearance before the council pursuant to this subsection and who requires the services of an interpreter shall obtain one at his or her own expense.
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
LRB06097-2
RLW
3/6/2006