Number
121521
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to signature requirements for license and permit applications.
Sections
68-4-2-e rp
74-1-4-k rp
84-7-5-a am
84-20-3-d rp
84-33-5-0 am
85-12-2-0 am
89-7-2 am
89-9-2 am
90-4-7.8-d-1-0 am
90-4-7.9-d am
90-4-12-d am
90-5-1-a am
90-37-4-a am
93-7-2-0 am
95-14-3-a am
100-50-4-a am
100-54-3-a-0 am
105-75-3-b-0 am
107-13-3-a rc
108-5-3-a am
115-33.5-3-c rp
Analysis
Section 85-12 of the code of ordinances requires that, for a city license or permit generally, the license or permit application shall be "signed and certified" by the applicant. This ordinance repeals redundant or contradictory signature requirements for various types of licenses and permits.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 68-4-2-e of the code is repealed.
(Note: The provision being repealed reads as follows:
68-4. Food Dealer License.
2. APPLICATION.
e. The signature of all applicants and their agents to confirm that all information on the application is correct and acknowledge that any change in the information on the application shall be reported to the city clerk within 10 days of the change.)
Part 2. Section 74-1-4-k of the code is repealed.
(Note: The provision being repealed reads as follows:
74-1. Food Peddlers.
4. APPLICATION.
k. The signature of all applicants and their agents to confirm that all the information on the application is correct and acknowledge that any change in the information on the application shall be reported to the city clerk within 10 days of the change.)
Part 3. Section 84-7-5-a of the code is amended to read:
84-7. Extended Hours Establishments.
5. APPLICATION.
a. Application for an extended hours establishment license shall be filed with the city clerk on a form provided [[therefore]] >>therefor<<. [[The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer of a corporation or limited liability company, and sworn to by the applicant.]]
Part 4. Section 84-20-3-d of the code is repealed.
(Note: The provision being repealed reads as follows:
84-20. Parking Lots or Places.
3. APPLICATION.
d. The applications shall be verified under oath by the applicant or his duly authorized agent.)
Part 5. Section 84-33-5-0 of the code is amended to read:
84-33. Professional Photographer.
5. APPLICATION. Applications shall be filed with the city clerk on forms provided therefor. [[The application shall be signed and sworn to or affirmed by the applicant.]] The application shall require the following information:
Part 6. Section 85-12-2-0 of the code is amended to read:
85-12. Contents of Application.
2. WHEN APPLICANT IS [[NOT AN INDIVIDUAL AND BACKGROUND INVESTIGATION IS NOT REQUIRED]] >>A BUSINESS<<. An application for a new license shall be signed and certified by a majority of the owners of the business entity. A renewal application shall be signed and certified by at least one owner. Each type of application shall contain the following information:
Part 7. Section 89-7-2 of the code is amended to read:
89-7. Application for Escort Service License.
2. APPLICATION. Any person desiring an escort service license shall file a written application with the city clerk on a form to be provided by the city clerk. [[The information provided to the city clerk shall be provided under oath. If the applicant is a corporation, the name of the corporation shall be set forth exactly as set forth in its articles of incorporation, together with the date and state of incorporation, the names and residence addresses of each of its officers, directors and each stockholder holding 10% or more of the stock or beneficial ownership of the corporation. The application shall also be verified by an officer of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners, and the application shall be verified by each partner. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate partner. If the applicant is neither a corporation nor a partnership, the application shall set forth the true full name and residence address of the applicant and be verified by the applicant.]] The application shall [[also]] include any other name by which the applicant has been known during the previous 5 years. The application for an escort service license shall set forth the proposed place of business of the escort service by business address, including suite number, and not by post office box, and shall contain a description of the nature and scope of the proposed business operation. In addition, the following information shall be furnished concerning the applicant if an individual, and concerning each stockholder holding 10% or more of the stock or beneficial ownership of the corporation, each officer and director if the applicant is a corporation, and concerning each partner, including limited partners, if the applicant is a partnership:
Part 8. Section 89-9-2 of the code is amended to read:
89-9. Application for Escort License.
2. APPLICATION. Any person desiring an escort license shall file a written application with the city clerk on a form to be provided by the city clerk. [[The application shall be verified by the applicant and the information provided to the city clerk shall be provided under oath.]] Any applicant for an escort license shall furnish all information required by s. 89-7-2 as well as a description of the applicant's height, weight, color of eyes and color of hair. The applicant shall provide 2 passport-size color photographs at least one inch by one inch taken within 3 months of the date of application. In addition, the applicant shall identify by name and address the escort service at which the applicant is currently working, if any, or at which the applicant expects to be employed.
Part 9. Section 90-4-7.8-d-1-0 of the code is amended 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 license 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:
Part 10. Section 90-4-7.9-d of the code is amended to read:
7.9. PERMANENT EXTENSION OF PREMISES.
d. Application. Application for the permanent extension of licensed premises shall be made in writing to the city clerk on forms provided by the city clerk. [[The application shall be signed by the applicant, if an individual, a partner, or by a duly authorized agent or officer of a corporation or limited liability company, and shall be sworn to by the applicant.]] The application shall contain the name of the licensee, the address of the existing licensed premises, including the aldermanic district in which it is situated, a specific description of the area for which the permanent extension is sought, and such other reasonable and pertinent information as the common council, licensing committee, or city clerk may require. The city clerk shall forward all applications to the licensing committee.
Part 11. Section 90-4-12-d of the code is amended to read:
12. CLASS "D" SPECIAL TEMPORARY OPERATOR'S LICENSE.
d. Application; Issuance. Application for the Class "D" special temporary operator's license shall be made to the city clerk in writing on forms furnished by the city clerk. [[The application shall be signed by and sworn to by the applicant.]] Such application shall state the name and permanent address of the applicant, the date of birth, the organization and the premises at which the applicant will be working, and the date or dates of the specific event, not to exceed 14 consecutive days, sponsored by the organization. The city clerk shall issue the Class "D" special temporary operator's license upon payment of the license fee required in ch. 81 without referring any of the applications to the common council for action. The license shall state the name of the individual, and the period and the premises for which it is issued.
Part 12. Section 90-5-1-a of the code is amended to read:
90-5. Licensing.
1. APPLICATION: FORM AND CONTENTS.
a. To Be Filed. Application for all licenses issued pursuant to this chapter, except for the short-term Class "B" special fermented malt beverage license, shall be made to the city clerk in writing on forms furnished by the city clerk. [[The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer of a corporation or club, and sworn to by the applicant.]]
Part 13. Section 90-37-4-a of the code is amended to read:
90-37. Centers for the Visual and Performing Arts.
4. APPLICATION.
a. Application for a center for [[a]] >>the<< visual and performing arts license shall be filed with the city clerk on a form provided [[therefore]] >>therefor<< . [[The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer of a corporation or limited liability company, and sworn to by the applicant.]]
Part 14. Section 93-7-2-0 of the code is amended to read:
93-7. Application.
2. CONTENTS OF APPLICATION. [[The application shall be signed by the applicant, if an individual, or by an agent or officer of the corporation, and sworn to by the applicant.]] Each application for a license shall state:
Part 15. Section 95-14-3-a of the code is amended to read:
95-14. Home Improvement Contractor and Salesperson Licenses.
3. APPLICATION.
a. Applications for new and renewal contractor or salesperson licenses shall be filed with the city clerk on forms provided [[therefore]] >>therefor<<. [[The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer of a corporation or limited liability company, and sworn to by the applicant.]]
Part 16. Section 100-50-4-a of the code is amended to read:
100-50. Public Passenger Vehicle Permits.
4. APPLICATION.
a. Application for a public passenger vehicle permit shall be filed with the city clerk on forms provided [[therefore]] >>therefor<<. [[The application shall be signed and sworn to by the applicant, if an individual; each partner, if a partnership; a duly authorized agent, corporate president and secretary, if a corporation; or a duly authorized agent and 2 members, if a limited liability company.]]
Part 17. Section 100-54-3-a-0 of the code is amended to read:
100-54. Public Passenger Vehicle Driver's License.
3. APPLICATION.
a. Application for a driver's license shall be filed with the city clerk on forms provided [[therefore]] >>therefor<< . [[The application shall be signed and sworn to or affirmed by the applicant.]] The application shall require the following information:
Part 18. Section 105-75-3-b-0 of the code is amended to read:
105-75. Private Alarm Systems and Regulations.
3. LICENSE REQUIRED.
b. Application for an alarm business license, private first responder service license or for an alarm sales license shall be filed with the city clerk on a form provided therefor. [[The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer of a corporation or limited liability company or by the duly authorized agent of the club, association or other organization, and sworn to by the applicant. An agent shall be a natural person.]] The application shall require:
Part 19 Section 107-13-3-a of the code is repealed and recreated to read:
107-13. Amusement Machine or Jukebox Distributor License.
3. APPLICATION PROCEDURE.
a. Application. The application for a new or renewal amusement machine or jukebox distributor license shall be in writing on a form furnished by the city clerk and shall state that the application for a license is not made for and on behalf of any other person and that the applicant is not acting as an agent for, or in the employ of, another.
Part 20 Section 108-5-3-a of the code is amended to read:
108-5. License Required.
3. APPLICATION.
a. Filing. Application for a public entertainment premises license shall be filed with the city clerk on a form provided therefor. [[The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer of a corporation or limited liability company, and sworn to by the applicant.]]
Part 21 Section 115-33.5-3-c of the code is repealed.
(Note: The provision being repealed reads as follows:
115-33.5. Newspaper Vending Boxes; Newspaper Vending Box Permits.
3. APPLICATION.
c. The application shall be signed under oath by the applicant.)
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
City Clerk - License Division
Drafter
LRB138621-1
Jeff Osterman
02/192013
clerical correction -- 5/23/13 -- lp