Number
090927
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BOHL
Title
A substitute ordinance relating to application filing requirements and approval procedures for permits for temporary extensions of licensed alcohol beverage premises for special events and special party permits.
Sections
81-114.8 am
81-126.5-1 am
81-126.5-2 am
90-4-7.8-d rc
90-4-7.8-e rc
90-4-7.8-f rn
90-4-7.8-f cr
90-4-7.8-g rn
90-4-7.8-g cr
90-33-3-a rc
90-33-3-b rc
90-33-3-c rc
90-33-3-d rc
90-33-3-e rc
90-33-3-f rc
90-33-3-g rp
90-33-3-h rp
90-33-3-i rp
Analysis
This ordinance establishes the following application filing requirements and approval procedures for permits for temporary extensions of licensed alcohol beverage premises for special events and special party permits:
1. Applications are to be made in writing on or before the filing deadlines established by the city clerk.
2. The city clerk shall accept an application from an applicant who files the application after the filing deadline provided the applicant first waives the right to an appeal of any adverse decision.
3. The application is referred to the common council member representing the district in which the premises is located.
4. Factors involving public health, safety and welfare are to be considered by the council member who may approve or deny the application.
5. Adverse decisions by common council members may be appealed to the licensing committee, if applications are timely filed.
6. The recommendation of the licensing committee to the common council shall be final, and the applicant shall have no right to a separate hearing before the common council.
In addition, this ordinance increases from $75 to $100 the application fee for any applications for permits for temporary extensions and special party permits filed after filing deadlines.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-114.8 of the code is amended to read:
81-114.8. Special Party Permit. 1. The fee for each special party permit shall be $50 if
application is made [[45 or more days prior to the date for which the permit is sought]] >>on or before the filing deadline established by the city clerk<<.
2. The fee for each special party permit shall be [[$75]]>>$100<< if application is made [[less than 45 days prior to the date for which the permit is sought]] >>after the filing deadline established by the city clerk<<.
(See s. 90-33.)
Part 2. Section 80-126.5-1 and 2 of the code is amended to read:
81-126.5. Temporary Extension of Alcohol Beverage Licensed Premises for Special Events.
1. $50, if the application is filed [[at least 45 days prior to the event]]>>on or before the filing deadline established by the city clerk<<.
2. [[$75]]>>$100<<, if the application is filed [[less than 45 days prior to the event]]>> after the filing deadline established by the city clerk<<.
(See s. 90-4-7.8.)
Part 3. Section 90-4-7.8-d and e of the code is repealed and recreated to read:
90-4. Classification of Licenses.
7.8. TEMPORARY EXTENSION OF LICENSED PREMISES FOR SPECIAL EVENTS.
d. Application. d-1. Application for the temporary extension of licensed premises shall be filed on or before the deadline established by the city clerk on forms provided by the city clerk. The application shall be signed and sworn to by the applicant, if an individual; one partner, if a partnership; or by a duly authorized agent, officer or member, if a corporation or limited liability company. The application shall include:
d-1-a. The name, business address and telephone number of the applicant.
d-1-b. The address of the existing licensed premises, the aldermanic district in which the premises is located, and a specific description of the site for which the temporary extension is sought.
d-1-c. The name of the particular event or function for which the temporary extension of the licensed premises is sought.
d-1-d. The date and period of time for which the particular event or function will be operated.
d-1-e. Such other reasonable and pertinent information as the common council or licensing committee may require.
d-2. The city clerk shall accept an application from an applicant who files the application after the filing deadline established by the city clerk provided the applicant affirms the applicant’s understanding that any decision made by a common council member under the provisions of par. e is final and not subject to further review.
d-3. No application shall be considered by the common council if the application is filed less than 3 working days prior to the common council meeting.
e. Approval by Council Member. e-1. The completed application shall be referred to the common council member representing the district in which the premises for which the permit is sought is located. The common council member shall determine whether to approve the permit and shall inform the city clerk of his or her decision.
e-2. In making a determination, the common council member shall consider the following factors:
e-2-a. The appropriateness of the location and site for which the permit is sought and whether the event for which the permit is sought will create undesirable neighborhood problems.
e-2-b. The hours during which the event would be operated on the site and the likely effect of the event on the surrounding area.
e-2-c. Whether previous permits granted to the same applicant or to other applicants for the same site have resulted in neighborhood problems including, but not limited to, complaints of loud music, noise, litter, disorderly assemblages, loitering or public urination.
e-2-d. Any other factors which reasonably relate to the public health, safety and welfare.
Part 4. Section 90-4-7.8-f and g of the code is renumbered h and i.
Part 5. Section 90-4-7.8-f and g of the code is created to read:
f. Committee Action. f-1. If an application is approved by a common council member under par. e, the city clerk shall forward the application to the licensing committee for its recommendation to the common council as to whether or not a permit should be issued.
f-2. If an application filed prior to the deadline set by the city clerk is denied approval by a common council member under par e, the city clerk shall forward the application to the licensing committee for a hearing on the appeal of the decision of the common council member.
f-3. Notwithstanding the provisions of subd.1, if a written objection to the application is filed by any interested person, the city clerk shall forward the application to the licensing committee for a hearing.
g. Hearing Procedure. g-1. Any hearing required under this subsection shall be conducted as set forth in s. 90-5-8-b. No hearing shall be heard unless the city clerk provides the applicant written notice in the manner set forth in s. 90-5-8-a-9 so that the applicant has at least 3 days’ notice of the hearing.
g-2. The committee may make a recommendation to the common council immediately following the hearing or on a later date. In making its recommendation, committee members may consider the factors set forth in par. e-2.
g-3. Written notice of the committee’s recommendation will be provided to the applicant if it is made at a later date or if the applicant was not present. The recommendation of the licensing committee shall be final and the applicant shall have no right to be heard by the common council.
Part 6. Section 90-33-3-a to e of the code is repealed and recreated to read:
90-33. Kinds of Tavern Entertainment, Dancing and Music Licenses.
3. SPECIAL PARTY PERMITS.
a. A special party permit authorizing amusement, music and dancing upon licensed alcohol beverage premises may be issued to the licensee by the city clerk, provided the licensee complies with all the provisions of this subsection.
a-1. Entertainment, exhibitions or dancing shall be permitted only during normal operating hours of the licensee as established by s. 90-15-3 and shall not be permitted at any time other than the time specified in the application, subject to further limitation upon approval of the permit.
a-2. The period of entertainment, exhibitions or dancing authorized by a permit issued under this subsection shall not exceed one day of licensed operation.
a-3. No more than 4 special party permits shall be issued for the same premises in any calendar month.
a-4. No more than 20 special party permits shall be issued for the same premises in any license year.
a-5. No permit shall be required for entertainment, exhibitions or dancing in taverns on New Year’s Eve or New Year’s Day.
b. Application. b-1. Application for a special party permit shall be filed on or before the filing deadline established by the city clerk on forms provided by the city clerk. The application shall be signed and sworn to by the applicant, if an individual; one partner, if a partnership; or by a duly authorized agent, officer or member, if a corporation or limited liability company. The application shall include:
b-1-a. The name, business address and telephone number of the applicant.
b-1-b. The address of the existing licensed premises, the aldermanic district in which the premises is located.
b-1-c. The date and period of time for which the permit is sought.
b-1-d. A description as required under s. 90-35-2-b-5 of the type of entertainment to be held on the premises.
b-1-e. Such other reasonable and pertinent information as the common council or licensing committee may require.
b-2. The city clerk shall accept an application from an applicant who files the application after the filing deadline established by the city clerk provided the applicant affirms the applicant’s understanding that any decision made by a common council member under the provisions of par. c is final and not subject to further appeal.
b-3. Each permit sought shall require a separate application.
c. Approval by Council Member. c-1. The completed application shall be referred to the common council member representing the district in which the premises for which the permit is sought is located. The common council member shall determine whether to grant each permit and may condition the granting of a permit upon a modification of the hours of operation or the types of entertainment. The common council member shall inform the city clerk of his or her decision.
c-2. In making a determination, the common council member shall consider the following factors:
c-2-a. The appropriateness of the location and premises for which the permit is sought and whether the activity for which the permit is sought will create undesirable neighborhood problems.
c-2-b. The hours during which the activity will be operated on the premises and the likely effect of the activity on the surrounding area.
c-2-c. Whether previous permits granted to the same applicant or to other applicants for the same premises have resulted in neighborhood problems including, but not limited to, complaints of loud music, noise, litter, disorderly assemblages, loitering or public urination.
c-2-d. Any other factors which reasonably relate to the public health, safety and welfare.
d. Committee Action. d-1. If an application is granted by a common council member under par. c, the city clerk shall issue the permit and provide a copy to the police department.
d-2. If an application filed prior to the deadline set by the city clerk is denied by a common council member under par. c, the city clerk shall forward the application to the licensing committee for a hearing on the appeal of the decision of a common council member.
d-3. Notwithstanding the provisions of subd.1, if a written objection to the application is filed by any interested person, the city clerk shall forward the application to the licensing committee for a hearing.
e. Hearing Procedure. e-1. Any hearing required under this subsection shall be conducted in the manner provided in s. 90-5-8-b. No hearing shall be heard unless the city clerk provides the applicant written notice in the manner provided in s. 90-5-8-a-9 so that the applicant has at least 3 days’ notice of the hearing.
e-2. The committee may make a recommendation immediately following the hearing or on a later date. In making the recommendation, committee members may consider the factors set forth in par. c-2.
e-3. Written notice of the committee’s recommendation will be provided if the decision is made at a later date or if the applicant was not present. The recommendation of the licensing committee shall be final and the applicant shall have no right to be heard before the common council.
Part 7. Section 90-33-3-f of the code is repealed and recreated to read.
f. Display of Permit. f-1. Every person issued a special party permit pursuant to this subsection shall post the permit in a conspicuous place in the premises during those times when entertainment, exhibitions or dancing is taking place.
f-2. A certificate of authorized entertainment shall be posted in the manner prescribed by s. 90-35-5.
f-3. It shall be unlawful for any person to post a permit or certificate or to be permitted to post a permit or certificate upon premises other than those mentioned in the application, or knowingly to deface or destroy a permit.
f-4. Failure to appropriately post a permit or certificate shall be treated in the same manner as operating without a permit.
Part 8. Section 90-33-3-g to i of the code is repealed.
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:____________________
Drafter
CCL090910-2
RGP
11/03/09
LRB09439-1
RLW
11/12/2009