Number
111624
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BOHL
Title
A substitute ordinance relating to the transfer of licenses and permits issued by the city.
Sections
68-4-1-c am
74-1-7 rc
74-1-7.5-a-6 cr
74-1-7.5-a-7 cr
74-1-7.5-a-8 cr
81-1-7 cr
84-7-11 rc
84-20-4-b am
84-33-12 rc
84-43-3.5 cr
84-49-3.5 cr
85-11-2 am
85-19 cr
85-23 cr
89-7-7 cr
90-10 rc
92-1-5-e rc
92-2-5-e cr
92-3-6-e rc
92-10-5-e cr
93-17 rc
95-2-4.5 cr
95-14-3-f-2 rc
107-13-7 rc
108-7-4 rc
Analysis
This ordinance creates procedures and regulations relating to the transfer of city-issued licenses and permits for change of location, change in family status, death, disability, bankruptcy, or reorganization of a sole proprietorship or business entity. It also requires a permittee or licensee to notify the city clerk of any changes made in the name of a licensed or permitted business within 10 days of the change. This ordinance also replaces several code provisions relating to transfers of specific types of licenses and permits with cross references to the new general transfer provisions. The new provisions created by this ordinance will apply to the licenses and permits for which specific transfer provisions are being replaced with cross references, as well as to all other city-issued licenses and permits for which specific transfer provisions are not otherwise provided in the code.
This ordinance also re-establishes regulations and procedures relating to maximum authorized occupancy at licensed establishments, including posting requirements, authorized police actions, prohibited activities and penalties.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 68-4-1-c of the code is amended to read:
68-4. Food Dealer License.
1. REQUIRED.
c. A food dealer license may not be transferred from one person or entity to another or from one premise to another except an individual may transfer a license to an immediate family member, as defined in s. 254.64(4)(1)2, Wis. Stats., if the individual is transferring operation of the restaurant. [[A sole proprietorship that reorganizes as a business entity, as defined in s. 179.70(1), Wis. Stats., or a different type of business entity may transfer a license to the newly formed business entity or sole proprietorship if the restaurant remains at the location for which the license was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the license was issued has an ownership interest in the newly formed sole proprietorship or business entity.]] >>See s. 85-19 for additional provisions relating to the transfer of licenses.<<
Part 2. Section 74-1-7 of the code is repealed and recreated to read:
74-1. Vehicular Food Peddlers.
7. TRANSFER OF PERMIT OR CHANGE OF NAME. See s. 85-19 for provisions relating to the transfer of permits and change of permittee names.
Part 3. Section 74-1-7.5-a-6 to 8 of the code is created to read:
7.5. PROHIBITED AND REQUIRED ACTS.
a-6. Sell, give away or exchange any permit or permit-identifying device.
a-7. Obtain a food peddler permit by misrepresentation.
a-8. Improperly register his or her name or address.
Part 4. Section 81-1-7 of the code is created to read:
81-1. General Provisions.
7. TRANSFER FEE. Except where otherwise provided, any person filing an application for the transfer of any license or permit issued through the city clerk’s office shall pay a transfer application fee of $25.
Part 5. Section 84-7-11 of the code is repealed and recreated to read:
84-7. Extended Hours Establishments.
11. TRANSFER OF LICENSE OR CHANGE OF NAME. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 6. Section 84-20-4-b of the code is amended to read:
84-20. Parking Lots or Places.
4. ISSUANCE OF LICENSES.
b. A license shall be obtained for each individual premises operated as a parking place or lot. [[Such licenses shall not be transferable.]] >>See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.<<
Part 7. Section 84-33-12 of the code is repealed and recreated to read:
84-33. Professional Photographer.
12. TRANSFER OF LICENSE OR CHANGE OF NAME. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 8. Section 84-43-3.5 of the code is created to read:
84-43. Cigarette and Tobacco License.
3.5. TRANSFER OF LICENSE OR CHANGE OF NAME. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 9. Section 84-49-3.5 of the code is created to read:
84-49. Distribution of Newspapers, Publications, et. in City Hall Complex.
3.5. TRANSFER OF PERMIT OR CHANGE OF NAME. See s. 85-19 for provisions relating to the transfer of permits and change of permittee names.
Part 10. Section 85-11-2 of the code is amended to read:
85-11. Purposed and Scope.
2. SCOPE AND APPLICATION. The provisions of this subchapter shall not supersede or replace any provision contained elsewhere in this code respecting licenses and permits, but shall apply where provisions for application and administration are otherwise silent. This subchapter provides uniform procedures for licenses and permit disqualifications >>, transfers of licenses and permits, changes in names of licensees, permittees and business names,<< and [[for]] consideration of changes in circumstances following denial, nonrenewal or revocation.
Part 11. Section 85-19 of the code is created to read:
85-19. Transfer of License or Permit or Change of Name. 1. GENERAL REQUIREMENT. No license or permit shall be transferable whether as to licensee, permittee or location except as herein provided.
2. CHANGE OF PREMISES. Every license or permit issued under this code may be transferred from one premises to another within the city upon payment of the fees required in ch. 60 or ch. 81, as the case may be, but no licensee or permittee shall be entitled to more than one transfer in any one license or permit year. The application and proceedings for such transfer shall be made in the same form and manner as the original application.
3. CHANGE OF NAME. The city clerk is authorized to change the name on a license or permit whenever there is a death in the family, a marriage, or a divorce with an award by court decree, provided the name change will not transfer the license or permit outside the family.
4. DEATH. a. Death of Licensee or Permittee. In case of death of the licensee or permittee, the license or permit may in the discretion of the common council be transferred to the executor, administrator or next of kin of the deceased licensee or permittee. In such event, the executor, administrator or next of kin of the deceased licensee or permittee shall report the death of the original licensee or permittee to the city clerk, together with the name and address of the person by whom the licensed or permitted business is to be conducted. The transfer of a license or permit under such circumstances may be made only if it is approved by the common council and the new licensee or permittee is in full compliance with the applicable provisions of this code.
b. Death or Withdrawal of Partner. In the case of the death or withdrawal of one or more members of a partnership to which a license or permit has been issued, the city clerk shall upon request allow the remaining partner or partners to operate the business for the remainder of the license or permit year.
5. DISABILITY. If a licensee or permittee becomes disabled, the common council may in its discretion, upon application, transfer the license or permit to the licensee's or permittee’s spouse if that spouse may hold a license or permit under applicable license or permit qualifications and complies with all requirements under this code applicable to original applicants, except that the spouse is exempt from payment of the license or permit fee for the year in which the transfer takes place.
6. BANKRUPTCY. If any licensee or permittee becomes bankrupt or makes an assignment for the benefit of creditors, the receiver or creditor may continue or sell the business. The transfer of a license or permit under such circumstances may be made only if it is approved by the common council and the new licensee or permittee is in full compliance with the applicable provisions of this code.
7. TRANSFER OF STOCK. The transfer of stock in any corporate licensee or permittee when the effect of the transfer would constitute a change in a stockholder list required by this code shall be reported to the city clerk within 10 days of the transfer. The transfer of corporate stock shall not require the payment of any transfer of license or permit fee.
8. SOLE PROPRIETORSHIP OR BUSINESS ENTITY REORGANIZATION. A sole proprietorship that reorganizes as a business entity or a business entity that reorganizes as either a sole proprietorship or a different type of business entity may transfer a license or permit for operation of an establishment to the newly-formed business entity or sole proprietorship if the following conditions are satisfied:
a. The establishment remains at the location for which the license or permit was issued.
b. At least one individual who had an ownership interest in the sole proprietorship or business entity to which the license or permit was issued has an ownership interest in the newly-formed sole proprietorship or business entity.
9. NOTIFICATION. a. The city clerk shall be notified of any changes made in the name of a licensed or permitted business within 10 days of the change.
b. The city clerk shall notify the chief of police, the licensing committee and the
Wisconsin department of revenue of any name change or license transfer involving an alcohol beverage licensee or permittee.
Part 12. Section 85-23 of the code is created to read:
85-23. Maximum Authorized Occupancy for Certain Licensed Establishments. 1. PURPOSE. The common council finds that the overcrowding of licensed establishments constitutes a serious risk of harm, injury or death, that overcrowding may also be detrimental to the character and well-being of the surrounding neighborhood, including traffic and parking patterns in that neighborhood, and that these risks and detrimental impacts increase with each person over the established occupancy limit for an establishment. The purpose of this section is to require the clear and accurate posting of occupancy limitations and to enforce occupancy limitations so as to assure the health, safety and welfare of the public and of persons employed by licensed establishments with occupancy limitations.
2. POSTING REQUIRED. Any licensed establishment with a maximum occupancy established by the commissioner of neighborhood services or, in the case of a public entertainment premises, by the common council under s. 108-7-3, shall securely post and maintain official placards issued by the department of city development indicating the maximum number of persons permitted on the licensed premises as established by the commissioner of neighborhood services or, in the case of a public entertainment premises, by the common council under s. 108-7-3, whichever is less.
3. POLICE ORDERS. If, in the determination of the police department, the number of persons on the premises exceeds the limitation set on the official placard, the police department shall order the number reduced to the permitted number. The police department may also order the establishment closed until it complies with this section.
4. PROHIBITIONS. a. No greater number of persons that the number indicated on the official placard shall be permitted on the licensed premises by any person responsible for operations or activities conducted on the premises.
b. Tampering with, obscuring or otherwise changing the official placard is prohibited.
c. Refusal by a patron to comply with a police department order to leave an establishment that has been determined by the police department to exceed the posted occupancy limitation is prohibited.
5. CITATION. The citation for a violation of sub. 4 shall state the occupancy limitation contained upon the official placard and shall further state the number of persons determined to be present in excess of the permitted limitation.
6. PENALTIES. Any person convicted of a violation of this section shall be subject to the following forfeitures and penalties:
a. For conviction of a violation of subs. 2, 4-b and 4-c, not less than $200 nor more than $1000.
b. For conviction of a violation of sub. 4-a, not less than $200 nor more than $10,000.
c. For conviction of a second violation of sub. 4-a within 12 months, not less than $200 nor more than $15,000.
d. For conviction of a third or subsequent violation of sub. 4-a all within 12 months, not less than $200 nor more than $25,000.
e. For purposes of determining the amount of a forfeiture for violation of sub. 4-a, the court may treat each person found to have been on the premises in excess of the permitted limit as a separate violation.
f. Any person convicted of a violation of this section shall, in default of payment of the prescribed forfeiture, be imprisoned as permitted under law.
Part 13. Section 89-7-7 of the code is created to read:
89-7. Application for Escort Service License.
7. TRANSFER OF LICENSE OR CHANGE OF NAME. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 14. Section 90-10 of the code is repealed and recreated to read:
90-10. Transfer of License or Change of Name. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 15. Section 92-1-5-e of the code is repealed and recreated to read:
92-1. Pawnbroker’s License.
5. ISSUANCE; TERMS.
e. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 16. Section 92-2-5-e of the code is created to read:
92-2. Secondhand Dealer’s License.
5. ISSUANCE; TERMS.
e. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 17. Section 92-3-6-e of the code is repealed and recreated to read:
92-3. Junk Collectors and Dealers.
6. ISSUANCE; TERMS.
e. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 18. Section 92-10-5-e of the code is created to read:
92-10. Precious Metal and Gem Dealer’s License.
5. ISSUANCE; TERMS.
e. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 19. Section 93-17 of the code is repealed and recreated to read:
93-17. Transfer of License or Change of Name. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 20. Section 95-2-4.5 of the code is created to read:
95-2. Transient Merchants.
4.5. TRANSFER OF LICENSE OR CHANGE OF NAME. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 21. Section 95-14-3-f-2 of the code is repealed and recreated to read:
95-14. Home Improvement Contractor and Salesperson License.
3. APPLICATION.
f. Changes, Transfers.
f-2. Transfer or License or Change of Name. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 22. Section 107-13-7 of the code is repealed and recreated to read:
107-13. Amusement Machine or Jukebox Distributor License.
7. TRANSFER OF LICENSE OR CHANGE OF NAME. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
Part 23. Section 108-7-4 of the code is repealed and recreated to read:
108-7. Issuance of License.
4. TRANSFER OF LICENSE OR CHANGE OF NAME. See s. 85-19 for provisions relating to the transfer of licenses and change of licensee names.
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
LRB136839-2
Jeff Osterman
04/02/2012