Number
030306
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to revision of various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.
Sections
68-4-15-a rc
68-4-15-b-1 rc
68-4-15-b-2 am
84-40-13-c rc
84-40-13-d rc
84-40-13-e am
93-13-3-a rc
93-13-3-b-1 rc
93-13-3-b-3 am
108-11-1-c rc
108-11-1-d rc
108-11-1-e am
244-20 rp
275-20-9-c rc
275-20-9-d-1 rc
275-20-9-d-2 am
303-13-7 am
Analysis
This ordinance revises various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions, including:
1. In certain instances, the code directs to city clerk to issue summonses related to the revocation of licenses, even though the Wisconsin state statutes do not authorize the issuance of summonses for those purposes. This ordinance replaces the summons procedure with one directing the city clerk to provide adequate notice to the relevant party or parties.
2. It repeals provisions restricting tobacco product signage, due to a federal district court decision declaring such restrictions in another jurisdiction, similar to restrictions in the Milwaukee code, to be unconstitutional.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 68-4-15-a of the code is repealed and recreated to read:
68-4. Food Dealer License.
15. PROCEDURE FOR REVOCATION OR SUSPENSION. a. Notice. Whenever either sworn written charges or a sworn written complaint are filed with the commissioner setting forth specific charges against a licensee relating to any of the causes for revocation or suspension of a license set forth in sub. 11, the city clerk shall issue notice to the licensee of the licensing committee's intention to hear the matter. The notice shall be served upon the licensee so that the licensee has at least 10 working days' notice of the hearing. The notice shall contain:
a-1 The date, time and place of the hearing.
a-2. A statement to the effect that the possibility of suspension or revocation of the license exists and the reasons for possible suspension or revocation.
a-3. A statement that an opportunity will be given to the applicant to respond to and challenge any reason for suspension or revocation and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
a-4. A statement that the licensee may be represented by an attorney of the licensee's choice at the licensee's expense, if the licensee so wishes.
Part 2. Section 68-4-15-b-1 of the code is repealed and recreated to read:
b. Committee Hearing. b-1 The licensing committee shall convene at the date and time designated in the notice for the purpose of taking evidence and making findings of fact and conclusions of law and a recommendation to the common council in connection with the proposed revocation or suspension.
Part 3. Section 68-4-15-b-2 of the code is amended to read:
b-2. If the licensee appears before the committee at the time designated in the [[summons]] >>notice<< and denies the charges contained in the complaint, an evidentiary hearing in connection with the revocation or suspension shall be conducted by the committee at that time. If the licensee does not appear, or appears but does not deny the charges contained in the complaint, the complaint shall be taken as true and the committee shall hear the arguments of the city attorney and the licensee in connection with the revocation or suspension.
Part 4. Section 84-40-13-c and d of the code is repealed and recreated to read:
84-40. Shows or Exhibitions.
13. REVOCATION OR SUSPENSION OF LICENSES.
c. Whenever either sworn written charges or a sworn written complaint are filed with the city clerk setting forth specific charges against a licensee involving conduct which would violate ordinances that are grounds for revocation or suspension of a license, the city clerk shall issue notice to the licensee of the licensing committee's intention to hear the matter. The notice shall be served upon the licensee so that the licensee has at least 10 working days' notice of the hearing. The notice shall contain:
c-1 The date, time and place of the hearing.
c-2. A statement to the effect that the possibility of suspension or revocation of the license exists and the reasons for possible revocation or suspension.
c-3. A statement that an opportunity will be given to the applicant to respond to and challenge any reason for revocation or suspension and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
c-4. A statement that the licensee may be represented by an attorney of the licensee's choice at the licensee's expense, if the licensee so wishes.
d. The licensing committee shall convene at the date and time designated in the notice for the purpose of taking evidence and making findings of fact and conclusions of law and a recommendation to the common council in connection with the proposed revocation or suspension.
Part 5. Section 84-40-13-e of the code is amended to read:
e. If the licensee appears before the committee at the time designated in the [[summons]] >>notice<< and denies the charges contained in the complaint, an evidentiary hearing in connection with the revocation or suspension shall be conducted by the committee at that time. If the licensee does not appear, or appears but does not deny the charges contained in the complaint, the complaint shall be taken as true and the committee shall hear the arguments of the complainants and the licensee in connection with the revocation or suspension.
Part 6. Section 93-13-3-a of the code is repealed and recreated to read:
93-13. Revocation or Suspension of Licenses.
3. PROCEDURES FOR REVOCATION OR SUSPENSION.
a. Notice. Whenever either sworn written charges or a sworn written complaint are filed with the city clerk setting forth specific charges against a licensee involving conduct which would violate statutes or ordinances that are grounds for revocation or suspension of a license, the city clerk shall issue notice to the licensee of the licensing committee's intention to hear the matter. The notice shall be served upon the licensee so that the licensee has at least 10 working days' notice of the hearing. The notice shall contain:
a-1. The date, time and place of the hearing.
a-2. A statement to the effect that the possibility of suspension or revocation of the license exists and the reasons for possible suspension or revocation.
a-3. A statement that an opportunity will be given to the applicant to respond to and challenge any reason for suspension or revocation and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
a-4. A statement that the licensee may be represented by an attorney of the licensee's choice at the licensee's expense, if the licensee so wishes.
Part 7. Section 93-13-3-b-1 of the code is repealed and recreated to read:
b. Committee Hearing.
b-1. The licensing committee shall convene at the date and time designated in the notice for the purpose of taking evidence and making findings of fact and conclusions of law and a recommendation to the common council in connection with the proposed revocation or suspension.
Part 8. Section 93-13-3-b-3 of the code is amended to read:
b-3. If the licensee appears before the committee at the time designated in the [[summons]] >>notice<< and denies the charges contained in the complaint, an evidentiary hearing in connection with the revocation or suspension shall be conducted by the committee at that time. If the licensee does not appear, or appears but does not deny the charges contained in the complaint, the complaint shall be taken as true and the committee shall hear the arguments of the complainant or representative thereof and the licensee in connection with the revocation or suspension.
Part 9. Section 108-11-1-c and d of the code is repealed and recreated to read:
108-11. Revocation or Suspension of Licenses.
1. PROCEDURE.
c. Whenever either sworn written charges or a sworn written complaint are filed with the city clerk setting forth specific charges against a licensee involving conduct which would violate ordinances that are grounds for revocation or suspension of a license, the city clerk shall issue notice to the licensee of the licensing committee's intention to hear the matter. The notice shall be served upon the licensee so that the licensee has at least 10 working days' notice of the hearing. The notice shall contain:
c-1. The date, time and place of the hearing.
c-2. A statement to the effect that the possibility of suspension or revocation of the license exists and the reasons for possible revocation or suspension.
c-3. A statement that an opportunity will be given to the applicant to respond to and challenge any reason for revocation or suspension and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
c-4. A statement that the licensee may be represented by an attorney of the licensee's choice at the licensee's expense, if the licensee so wishes.
d. The licensing committee shall convene at the date and time designated in the notice for the purpose of taking evidence and making findings of fact and conclusions of law and a recommendation to the common council in connection with the proposed revocation or suspension.
Part 10. Section 108-11-1-e of the code is amended to read:
e. If the licensee appears before the committee at the time designated in the [[summons]] >>notice<< and denies the charges contained in the complaint, an evidentiary hearing in connection with the revocation or suspension shall be conducted by the committee at that time. If the licensee does not appear, or appears but does not deny the charges contained in the complaint, the complaint shall be taken as true and the committee shall hear the arguments of the complainants and the licensee in connection with the revocation or suspension.
Part 11. Section 275-20-9-c of the code is repealed and recreated to read:
275-20. Licensing of Licensed Dwelling Facilities.
9. PROCEDURE FOR NONRENEWAL, REVOCATION, SUSPENSION OF LICENSES.
c. Notice. Whenever either sworn written charges or a sworn written complaint are filed with the city clerk setting forth specific charges against a licensee involving conduct violating statutes or ordinances that are grounds for revocation or suspension of a license, the city clerk shall issue notice to the licensee of the licensing committee's intention to hear the matter. The notice shall be served upon the licensee so that the licensee has at least 10 working days' notice of the hearing. The notice shall contain:
c-1. The date, time and place of the hearing.
c-2. A statement to the effect that the possibility of suspension or revocation of the license exists and the reasons for possible suspension or revocation.
c-3. A statement that an opportunity will be given to the applicant to respond to and challenge any reason for suspension or revocation and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
c-4. A statement that the licensee may be represented by an attorney of the licensee's choice at the licensee's expense, if the licensee so wishes.
Part 12. Section 244-20 of the code is repealed. (Note: the provision being repealed reads as follows:
244-20. Advertising of Tobacco Products.
1. DEFINITIONS. In this section: a. "Publicity visible location" means any outdoor location visible to the public, including, but not limited to, billboards, roofs and sides of buildings, water towers, and freestanding signboards, including signs inside premises visible to the outside.
b. "Tobacco products" has the meaning given in s. 139.75 (12), Wis. Stats., and includes cigarettes as defined in s. 139.30(1), Wis. Stats.
2. PROHIBITED. No person may place any sign, poster, placard, graphic display or any other form of advertising that advertises tobacco products in a publicly visible location. This restriction does not apply to any sign, poster, placard, graphic display or billboard solely advertising a cultural event or supporting a nonprofit group.
3. EXCEPTIONS. The provisions of sub. 2 shall not apply to:
a. Any sign facing inside and on a premise licensed to sell tobacco products.
b. Any sign facing onto the street on a premise licensed to sell tobacco products which is in a format in which truthful, factual information appears in clear, plain black type on a white field without adornment and unaccompanied by color, opinion, artwork or logos.
c. Any sign on a commercial vehicle used for transporting tobacco
products.
d. Any sign that contains a generic description of tobacco
products.
e. Any sign at sports arenas, stadiums, or convention facilities.
f. Any sign on property adjacent to and facing an interstate
highway.
g. Any sign in an industrial district that is not within 500 feet of a
school, church, playground, community center or day care center.
4. EFFECTIVE DATE. This section shall not become effective
and enforceable until June 1, 1999.)
Part 13. Section 275-20-9-d-1 of the code is repealed and recreated to read:
d. Committee Hearing. d-1. The licensing committee shall convene at the date and time designated in the notice for the purpose of taking evidence and making findings of fact and conclusions of law and a recommendation to the common council in connection with the proposed nonrenewal, revocation or suspension.
Part 14. Section 275-20-9-d-2 of the code is amended to read:
d-2. If the licensee or agent of a corporate licensee appears before the committee at the time designated in the >>notice<< [[or summons]] and denies the charges contained in the notice or complaint, an evidentiary hearing in connection with the nonrenewal, revocation or suspension shall be conducted by the committee at that time. If the licensee or agent of a corporate licensee does not appear, or appears but does not deny the charges contained in the notice or complaint, the complaint shall be taken as true and the committee shall hear the arguments of the complainant >>and the licensee<< in connection with the nonrenewal, revocation or suspension.
Part 15. Section 303-13-7 of the code is amended to read:
303-13. Form of Statement.
7. The identity of each person from which the individual who is required to file received, directly or indirectly, any gift or gifts having an aggregate value of more than [[$100]] >>$50<< within the taxable year preceding the time of filing, except that the source of a gift need not be identified if the donor is the donee's parent, grandparent, child, grandchild, brother, sister, parent-in-law, grandparent-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, uncle, aunt, niece, nephew, spouse, fiancé or fiancee.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFOCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB03245-1
BJZ
06/09/03