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File #: 231993    Version:
Type: Ordinance Status: Passed
File created: 4/16/2024 In control: COMMON COUNCIL
On agenda: Final action: 5/21/2024
Effective date: 6/8/2024    
Title: A substitute ordinance relating to license requirements for private security personnel.
Sponsors: ALD. A. PRATT, ALD. SPIKER
Indexes: LICENSES
Attachments: 1. OCA Approval 231993, 2. Notice published 6/7/2024

Number

231993

Version

SUBSTITUTE 1
Reference

 

Sponsor

ALD. PRATT, SPIKER
Title

A substitute ordinance relating to license requirements for private security personnel.

Section

81-104.7-2                                          am
81-104.7-3
                                          cr

84-55-2                                          am
84-55-13
                                          rc
84-55-14
                                          am

Analysis
This ordinance clarifies the circumstances under which a security personnel license is required, reduces the fee, and makes other various minor changes.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:


Part 1.  Section 81-104.7-2 of the code is amended to read:

81-104.7.  Security Personnel.


2.
  The fee for each >>new<< license shall be [[$100]] >>$35<<.

Part 2.  Section 81-104.7-3 of the code is created to read:


3.  The fee for each renewal license shall be $27.

Part 3.  Section 84-55-2 of the code is amended to read:

84-55. Security Personnel License.

2.
LICENSE; WHEN REQUIRED.  It shall be unlawful for any person, firm, or corporation to [[inform the city]]>> indicate on a licensing application or in a committee hearing, for the purpose of obtaining or maintaining a license, << that an establishment utilizes security personnel, unless such personnel possess a valid license issued pursuant to this section, or a valid private security permit >>or private detective license << pursuant to ch. SPS 31, Wis. Admin. Code.


Part 4.  Section 84-55-13 of the code is repealed and recreated to read:

13.  BOND REQUIRED.   a.  No license may be issued under this section until either of the following occurs:

a-1.  A bond or liability policy in the amount of $2,000 has been executed, filed with, and approved by the license division.

a-2.  The applicant provides proof of valid coverage under a commercial general liability policy or surety bond which the division deems sufficient.

b. The bond or liability policy shall be furnished by an insurer authorized to do a surety business in this state in a form approved by the department.  The person shall maintain the bond or liability policy during the period that the license is in effect.

Part 5.  Section 84-55-14 of the code is amended to read:


14.  PENALTIES.  a.  Any [[person]] >>licensee or license applicant<< violating this section >>in the course of attempting to obtain or maintain a license<< shall be fined not less than $25 nor more than $100 for the first offense or, in lieu of nonpayment or default of such fine, costs and disbursements, may be imprisoned as provided by law; and for a second or subsequent offense not less than $25 nor more than $200 or, in lieu of nonpayment or default of such fine, costs and disbursements, may be imprisoned as provided by law.
b.  If upon conviction of a 2
nd or subsequent violation, the [[person]] >>licensee or license applicant<< violating this section is found personally guilty of a failure to exercise due care to prevent the violation, the person shall be fined not less than $25 nor more than $300, or in lieu of nonpayment or default of such fine, costs and disbursements, may be imprisoned as provided by law.  Conviction under this paragraph may result in immediate termination of the license of the person convicted of being personally guilty of failure to exercise due care and the person shall not be entitled to another license under this section for a period of 5 years after conviction, nor shall the person in that period act as the servant or agent of a person licensed under this section in the performance of acts authorized by the license.

LRB

APPROVED AS TO FORM

K. Broadnax

____________________________

Legislative Reference Bureau

Date:  05.03.2024

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

___________________________

Office of the City Attorney

Date:  ______________________

                                                                                       
Requestor

 

Drafter

LRB179878-1

Gunnar Raasch
5/3/2024

 

--clerical correction, Laurie Phillip, 5/30/2024