Number
080189
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. HAMILTON
Title
A substitute ordinance relating to standardizing disqualification and change of circumstances regulations and procedures related to certain licenses and permits, and establishing a fee to file for a hearing related to changed circumstances.
Sections
81-1-3-c cr
81-19.2 cr
84-7-9 rc
84-7-12-c rp
84-7-12-d rp
84-40-12-c rp
84-40-12-d rp
84-40-12.5 cr
84-45-10 rc
84-45-14 rp
84-45-15 rn
84-45-16 rn
85-0 am
85-11 cr
85-13 cr
85-15 cr
89-7-4 rc
89-23-2-d rp
89-23-2-e rp
90-5-9 rc
90-11-9 rp
90-12-8 rp
90-35-12 rc
90-37-9-d rp
90-37-9-e rp
92-3-7 rc
92-3-9-e rp
92-3-9-f rp
93-9-4 rc
93-11-5 rp
93-11-6 rp
95-14-7-d rp
95-14-7.5 cr
95-14-9-f rp
95-14-9-g rp
105-75-7-c rp
105-75-7-d rp
105-75-7.5 cr
108-7-2 rc
108-11-2 rp
108-11-3 rp
Analysis
This ordinance amends various code provisions to clarify and make consistent the regulations and procedures related to disqualification and change of circumstances whenever an application is denied, or license is not renewed, is revoked or is surrendered.
This ordinance creates a new subchapter of the code that specifies the regulations and procedures related to disqualification and to change of circumstances. The licenses and permits affected by these changes include licenses for extended hours establishments, shows or exhibitions, filling stations, escorts and escort services, alcohol beverage establishments, junk collectors and junk dealers, secondhand motor vehicle dealers and auto wreckers, home improvement contractors and salespersons, private alarm businesses, and public dance halls.
This ordinance establishes that no hearing related to changed circumstances shall be held by the licensing committee within a period of 12 months following the date of denial, nonrenewal or revocation of a license for a reason relating to the fitness of the location of the premises, and that not more than one such hearing involving the same party at the same premises shall be held by the licensing committee during the period of disqualification.
This ordinance further establishes that the fee to file for a hearing related to changed circumstances shall be $75.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-1-3-c of the code is created to read:
81-1. General Provisions.
3. REFUND OF FEES BY CITY CLERK’S OFFICE.
c. No refund shall be made for any license or permit that has been surrendered by the holder or revoked by the common council.
Part 2. Section 81-19.2 of the code is created to read:
19.2. CHANGE OF CIRCUMSTANCES. The fee to file for a hearing related to changed circumstances under s. 85-15 shall be $75. Fees shall not be refunded once a written statement of changed circumstances is filed.
Part 3. Section 84-7-9 of the code is repealed and recreated to read:
84-7. Extended Hours Establishments.
9. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
Part 4. Section 84-7-12-c and d of the code is repealed.
Part 5. Section 84-40-12-c and d of the code is repealed.
Part 6. Section 84-40-12.5 of the code is created to read:
84-40. Shows or Exhibitions.
12.5. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
Part 7. Section 84-45-10 of the code is repealed and recreated to read:
84-45. Filling Stations.
10. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
Part 8. Section 84-45-14 of the code is repealed.
Part 9. Section 84-45-15 and 16 of the code is renumbered 84-45-14 and 15.
Part 10. Chapter 85-0 of the code is repealed and recreated to read:
CHAPTER 85
LICENSE AND PERMIT PROCEDURES
Part 11. Sections 85-11 to 85-15 of the code are created to read:
85-11. Purpose and Scope. 1. PURPOSE. It is the purpose of the common council to assure uniformity and clarity in the procedures related to application for and administration of certain licenses and permits.
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.
85-13. Disqualification for License. 1. APPLICABILITY. Whenever any application denied, or license not renewed, revoked or surrendered, is an alcohol beverage retail establishment or tavern entertainment license, the provisions of this section related to periods of disqualification for these licenses shall apply to any other type of alcohol beverage retail establishment license.
2. EXCEPTIONS. This section shall not apply to any application that is denied or any license that is not renewed for a reason based solely on the failure of the applicant to appear before the licensing committee for a hearing on whether a new or renewal application shall be recommended for approval or denial to the common council.
3. WHEN DENIED. a. Except as provided in par. b, whenever an application is denied, no other application by the same applicant for the same license, and where applicable, at the same premises, shall be recommended for approval by the licensing committee for a period of 12 months following the date of the denial.
b. Whenever an application for a new license is denied for a reason relating to the fitness of the location of the premises to be licensed, no other application by any party for the same license at the same premises shall be recommended for approval by the licensing committee within 3 years of the date of the denial unless the applicant has demonstrated under s. 85-15 a change of circumstances since the denial.
4. WHEN NOT RENEWED. a. Except as provided in par. b, whenever a license is not renewed, no other application by the same applicant for the same license, and where applicable, at the same premises, shall be recommended for approval by the licensing committee for a period of 12 months following the date of nonrenewal.
b. Whenever a license is not renewed for a reason relating to the fitness of the location of the licensed premises, no other application by any party for the same license at the same premises shall be recommended for approval by the licensing committee within 3 years of the date of the nonrenewal unless the applicant has demonstrated under s. 85-15 a change of circumstances since the nonrenewal.
5. WHEN REVOKED. a. Except as provided in pars. b and c, whenever a license is revoked, no other new application by the same applicant for the same license, and where applicable, at the same or any other premises, shall be recommended for approval by the licensing committee for a period of 12 months following the date of revocation.
b. Whenever a license is revoked, no other application by any other party for the same license at the same premises shall be recommended for approval by the licensing committee for a period of 12 months following the date of revocation.
c. Whenever a license is revoked for a reason relating to the fitness of the location of the licensed premises, no other application by any party for the same license at the same premises shall be recommended for approval by the licensing committee within 3 years of the date of the revocation unless the person has demonstrated under s. 85-15 a change of circumstances since the revocation.
6. WHEN SURRENDERED. Whenever a license is surrendered in lieu of pending nonrenewal or revocation proceedings, no other new application by the applicant for the same license, and where applicable, at the same or any other premises, shall be recommended for approval by the licensing committee for a period of 12 months following the date of surrender.
85-15. Change of Circumstances. 1. ELIGIBILITY. a-1. Except as provided in pars. b and c, whenever an application accompanied by the fee specified under s. 81-19.2 and a written statement of changed circumstances is filed with the city clerk setting forth the change in circumstances relating to the fitness of the location of the proposed premises since the prior denial, nonrenewal or revocation, the committee shall hold a hearing to determine if changed circumstances exist.
a-2. Except as provided in pars. b and c, whenever the owner of the premises has filed with the city clerk the fee specified under s. 81-19.2 and a written statement of changed circumstances setting forth the change in circumstances relating to the fitness of the location of the proposed premises since the prior denial, nonrenewal or revocation, and no application for a license or permit has been filed, the committee shall hold a hearing to determine if changed circumstances exist sufficient for removal of the disqualification.
b. No hearing under this section shall be held by the licensing committee within a period of 12 months following the date of denial, nonrenewal or revocation of a license for a reason relating to the fitness of the location of the premises.
c. Not more than one hearing under this section involving the same applicant or owner at the same premises shall be held by the licensing committee during the period of disqualification under s. 85-13.
2. HEARING. a. At the hearing, testimony and other evidence shall be limited to that offered by the applicant or owner, appearing in person or by counsel, to demonstrate a change in circumstances. The committee may also entertain relevant evidence offered by city officers and employes.
b. If the committee determines that the applicant or owner has failed to demonstrate that a sufficient change in circumstances exists, the period of disqualification shall remain in effect. If an application has been filed under sub. 1-a-1, then the committee shall recommend that the application be denied.
c. If the committee determines that a sufficient change in circumstances has been demonstrated, the period of disqualification shall be terminated. If an application has been filed under sub. 1-a-1, then the committee shall schedule a separate hearing on whether the application should be recommended for approval or denial.
d. In considering whether changed circumstances exist, the committee shall consider, among other factors:
d-1. A change in the type of license sought by an applicant.
d-2. A change in the number of premises holding the same license in the neighborhood.
d-3. A change in zoning applicable to the subject property.
d-4. New developments or land uses in the vicinity of the subject property.
Part 12. Section 89-7-4 of the code is repealed and recreated to read:
89-7. Application for Escort Service License.
4. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
Part 13. Section 89-23-2-d and e of the code is repealed.
Part 14. Section 90-5-9 of the code is repealed and recreated to read:
90-5. Licensing.
9. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
Part 15. Section 90-11-9 of the code is repealed.
Part 16. Section 90-12-8 of the code is repealed.
Part 17. Section 90-35-12 of the code is repealed and recreated to read:
90-35. Licensing.
12. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
Part 18. Section 90-37-9-d and e of the code is repealed.
Part 19. Section 92-3-7 of the code is repealed and recreated to read:
92-3. Junk Collectors and Dealers.
7. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
Part 20. Section 92-3-9-e and f of the code is repealed.
Part 21. Section 93-9-4 of the code is repealed and recreated to read:
93-9. Committee Action.
4. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
Part 22. Section 93-11-5 and 6 of the code is repealed.
Part 23. Section 95-14-7-d of the code is repealed.
Part 24. Section 95-14-7.5 of the code is created to read:
7.5. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license provided in s. 85-13 shall apply.
Part 25. Section 95-14-9-f and g of the code is repealed.
Part 26. Section 105-75-7-c and d of the code is repealed.
Part 27. Section 105-75-7.5 of the code is created to read:
105-75. Private Alarm Systems and Regulations.
7.5. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license and change of circumstances provided in s. 85-13 shall apply.
Part 28. Section 108-7-2 of the code is repealed and recreated to read:
108-7. Issuance of License.
2. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
Part 29. Section 108-11-2 and 3 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:____________________
Requestor
Drafter
LRB08300-2
RLW
6/16/2008
Clerical correction -- jro -- 07/07/08